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Staff questions hardship for proposed 1,500 sq ft accessory building at 1306 W. Grauwiler
Summary
Gina Costanza Grant told commissioners the owner seeks to rezone 1306 W. Grauwiler to allow a 1,500 sq ft accessory building with shower, built-in HVAC and gas (features that make it a dwelling accommodation); staff found no unnecessary hardship and code enforcement reported a dismantled greenhouse and no confirmed commercial use.
Gina Costanza Grant of the Planning Department presented a rezoning/variance request for 1306 West Grauwiler to reclassify an R75 lot to SP2 and allow an accessory building that includes an indoor shower, built-in HVAC, a natural-gas connection, more than two rooms and an added closet — features the city's code would treat as a dwelling accommodation if a kitchen were also present.
Gina said staff did not find an unnecessary hardship supporting the requested variances. The applicant has placed notes on the site plan limiting the accessory building’s use to personal use by the owner and main-dwelling occupants and pledging no separate utility meters.
Shane Geller, Code Enforcement Director, said his team found one unpermitted greenhouse and roughly eight raised planting beds; the greenhouse is being dismantled and the owner plans to apply for the appropriate permit. Based on brief inspections, Geller said staff found no evidence of active commercial operations on site, but noted that new state law expanding allowable low-impact home occupations narrows the city’s ability to restrict some home-based business activity.
Commissioners asked how the structure could be made compliant if owners later chose a non-dwelling recreational use; Gina said removing the shower, built-in HVAC, gas service and reconfiguring rooms (e.g., reducing to one or two rooms without a closet) would allow it to meet accessory-structure rules rather than the dwelling-accommodation definition.
The commission did not take final action at the work session; staff will return with additional documentation as needed.
