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Planning commission backs enlargement above garage at 760 South 840 East, recommends City Council approval
Summary
The Alpine City Planning Commission voted unanimously Jan. 7 to recommend approval of an enlargement to a legal nonconforming dwelling at 760 South 840 East that would add an attached accessory dwelling unit above the garage.
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The Alpine City Planning Commission voted Jan. 7 to recommend approval to the City Council of an enlargement to a legal nonconforming dwelling at 760 South 840 East that would add living space above a garage and create an attached accessory dwelling unit (ADU).
City planner Ryan Robison told the commission the property is within the Stone Hedge planned residential development (PUD) approved in 1989 and the house was built in 1991; because setbacks and other standards have changed since then, the structure is a "legal nonconforming building." The homeowners, identified in the staff report as Mike and Camilla Wilson, applied to enlarge above the garage and to create an attached ADU.
Robison said the addition would encroach on the modern side-yard setback at the foundation level, but staff and the city attorney concluded the proposed upper-level step-back would meet the effective 12-foot setback requirement. "They would need 2 additional off-street parking spots," Robison said, noting that permits and licensing will be required if the ADU is constructed and used as an apartment.
Robison also said he had discussed the plans with the nearest neighbors, who he identified as the Snow family, and that the neighbors had "no reservations or concerns" about the proposal. The staff report listed four standards the commission must consider when enlarging a nonconforming building; Robison described those standards as subjective and advised the commission on how to apply them.
Commissioner Troy Slade moved to recommend approval of the enlargement; Commissioner Susan Wittenberg seconded. The motion passed unanimously on a voice/roll call vote. The commission recorded its recommendation and forwarded the matter to the City Council for final action.
No public hearing was required at the planning-commission level, Robison said. The City Council will receive the planning commission's recommendation and will make the final decision on the code-required process for enlarging a legal nonconforming building.
The commission did not adopt additional conditions beyond the application as presented; staff will verify setback measurements and parking compliance as part of the building-permit review process.

