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Page 1 of 3 ZONING APPROVAL ZONING APPROVAL APPLICATION REQUEST REVIEW APPLICATION REQUEST REVIEW January 23, 2020 APPLICANT INFORMATION Case: PZ19-11-22 Owner/Applicant: Lisa Tonks Agent: N/A Request (s): Conditional Use Permit – Detached Accessory Building (Garage) PROPERTY INFORMATION Parcel(s): 501-44-087A Address: 12636 W. Desert Cove Road Property History: RA Rural Area Land Area: 1.25 ac. Building Area: 3,564 ZONING / LAND USES Existing Zoning/Land Use: RA Rural Area/Signal Family Dwelling Proposed Zoning/Land Use: RA Rural Area/Signal Family Dwelling ARS 28-8481 Zone: 75 – 80 LDN Flood Zone: N/A SURROUNDING PROPERTY North: Single Family Dwelling East: Single Family Dwelling South: Single Family Dwelling West: Single Family Dwelling COMMUNITY SERVICES Water: City of El Mirage Sewer: Septic Electric: APS Police: 1.0 Miles Fire: 2.0 Miles ACCESS Road: Main Street Class: Collector Improvements: Good Condition: Good SCHOOLS District: Dysart Unified School District Elementary: Dysart Elementary School High School: Dysart High School Page 2 of 3 STAFF REPORT Compliance with General Plan: The 2010 General Plan designates this area as part of the Neighborhoods Planning Area and is compatible with the General Plan Land Use Plan but requires an action and recommendation from the Planning Commission Board and a final action from Council for the project to continue with its development. Considerations: The applicant is requesting a Conditional Use Permit for a Detached Accessory Building (Garage) as required by Zoning Code §154.098 whenever a detached building (garage) exceeds the maximum allowed square footage of 1,200 sq. ft. on a parcel of land larger than one acre. The applicant intends to use the garage to store her collection of cars. Per Zoning Code §154.104(E), each property may be allowed one drive access for each 100 feet of street frontage. These conditions shall apply unless otherwise granted approval by the Planning and Zoning Commission. The lot does not meet the requirement to allow a third access drive; the applicant is requesting the approval of the third drive access from the Planning and Zoning Commission. Staff has no objection to this request. Per Zoning Code §154.098 (C), accessory buildings and garages in residential districts shall not exceed the height of the principal structure. The applicant has provided documentation for the principal building having a maximum height of 15’- 4”, and proposed detached garage having a maximum height of 14’-6”. City Staff received one (1) call from the general public requesting information regarding the project. City Staff Review City staff have reviewed the Conditional Use Permit Zoning Application and recommends approval with the following stipulations: Stipulations: 1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 2. All of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his or her successors or assigns. 3. All conditions specifically stated under any conditional use listed in this chapter shall apply and be adhered to by the owner of the land, his or her successors or assigns. 4. All of the special conditions shall be consented to in writing by the applicant. Page 3 of 3 5. The proposed detached accessory garage shall not generate noise, vibrations, and odors that many become a nuisance to the general public. 6. No expiration date of the Conditional Use Permit is being proposed by staff; however failure to meet and maintain these stipulations will result in revoking the Conditional Use Permit. Planning Commission Recommended approval of the Conditional Use Permit at the December 10, 2019, Public Meeting/Hearing with a 5-0 vote with the addition of the following stipulation; 1. That property should be prevented from being converted into a business. The applicant, Mrs. Tonks had no objection to the additional stipulation. Council Staff is seeking a final action. Attachment TAC Comments, Application Packet