Adopt Resolution #19-257 Approving an Accessory Structure Agreement for 17710 Tonto Street NW; Case of Sean and Amie O'Neill  -  Please Note:  This item was removed from the Consent Agenda to be considered as Case 7.00.

The City has received an application from Sean and Amie O'Neill (the "Applicant") for a Building Permit for a She Shed/Studio at the property located 17710 Tonto Street NW (the "Subject Property").  The floor plan for the detached accessory building indicates that the accessory structure would include a bathroom with both a toilet and shower, as well as a sink/wash station, two (2) windows, a front door and a small covered porch. 

Notification is not required.

City Code Section 117-349(d)(8) prohibits accessory buildings from containing complete independent living facilities (accessory apartments).  This is defined as have three or more of the following: permanent provisions for living, sleeping, eating, and sanitation.  While it does not appear that the proposed detached accessory building would be utilized as an accessory apartment, it seems that it may have the potential to be used in that capacity in the future.  Thus, Staff has drafted an Accessory Structure Agreement outlining how the building may be used and specifically prohibits its use now, or in the future, as an accessory apartment.

The detached accessory structure appears to meet all applicable zoning standards regarding size, exterior finish, setbacks, etc.  As proposed, the Applicant will need to work with the Building Division to ensure compliance with septic regulations (due to the proposed bathroom), and to obtain any other applicable permits (septic, electrical, etc.).

Alternatives

Alternative 1: Adopt Resolution #19-257 approving an Accessory Structure Agreement.  If approved, Staff could complete the review and issue the Building Permit for the detached accessory structure.  Since it does not appear that the accessory structure is intended to be used as an accessory apartment, Staff would support this alternative.

Alternative 2: Adopt Resolution #19-257 approving an Accessory Structure Agreement and direct Staff to prepare information for a future work session to discuss accessory apartments.  If approved, Staff could complete the review and issue the Building Permit for the detached accessory structure.  Since it does not appear that the accessory structure is intended to be used as an accessory apartment, Staff would also support this alternative as these types of requests are becoming more commonplace.

Alternative 3: Do not adopt Resolution #19-257.  This would likely prohibit Staff from issuing a Building Permit for the proposed detached accessory structure as it could be considered an accessory apartment.  Staff believes that the Accessory Structure Agreement sufficiently addresses that concern and does not support this alternative.

This is being handled as part of Staff's regular duties.

Staff recommends adopting Resolution #19-257.

Motion to adopt Resolution #19-257 approving an Accessory Structure Agreement for a detached accessory structure at 17710 Tonto Street NW contingent upon review as to legal form by the City Attorney.