Adopt Resolution 19-300 Approving Accessory Structure Agreement for 6210 Green Valley Rd; Case of Eric Thomsen

The City has received an application from Eric Thomsen (the "Applicant") for a Building Permit for an approximately 1150 square foot detached accessory structure at the property located at 6210 Green Valley Rd (the "Subject Property").  The floor plan for the detached accessory building indicates that the accessory structure would:

• Act as Farm Offices for the onsite agricultural use
• Have dedicated: kitchen space, workshop space with floor drain, separated office, bathroom with toilet, sink and shower.

Per City Code Section 117-349(d)(8), the City prohibits detached accessory buildings from containing complete independent living facilities (accessory apartments) which are defined as having three or more of the following: permanent provisions for living, sleeping, eating, and sanitation. Staff notes there is living space, kitchen space (including a fridge, sink, oven with no cooktop, and ice maker), and a bathroom. The building is heated as well, which would lend itself to future living or event space.

Additionally, City Code Section 117-351 governs home occupations. The layout does lend itself to becoming a commercial operation. This agreement will protect the City from this becoming an unauthorized home-based business. The Owner does operate a development/construction business, but that would not operate from this location.

The Applicant has maximized the amount of detached structures allowed onsite per the City Code. Any future detached building, including a small shed, would require a Conditional Use Permit (CUP) as the Code is currently written.

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 or an unapproved home occupation.

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 and to obtain any other applicable permits (septic, electrical, etc.).  Staff does not believe that the Applicants will utilize the space as an accessory home or for sleeping space, but does believe that future homeowners could utilize the space as an event center, site for a home-based business, or have someone live in the space. The Applicant actively farms the property and would utilize the space for farm offices.

Please note that the property does have a conditional use permit (CUP) for the square footage of detached structures onsite. Since the square footage of structures will remain the same onsite, the CUP does not need to be modified.


Alternatives

Alternative 1: Adopt Resolution #19-300 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. This would limit the ability for future homeowners to use as a building space, event space, or living space. The space would be used as Farm Offices.

Alternative 3: Do not adopt Resolution #19-300.  This would likely prohibit Staff from issuing a Building Permit for the proposed detached accessory structure as it could be considered an accessory apartment or an unapproved home occupation.  Staff believes that the Accessory Structure Agreement sufficiently addresses that concern.

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

Staff recommends adopting Resolution #19-300.

Motion to adopt Resolution #19-300 approving an Accessory Structure Agreement for a detached accessory structure at 6210 Green Valley Rd NW contingent upon review as to legal form by the City Attorney.