Commission approves conditional-use permit for large accessory structure in McMahon Estates

Lisa, a city planning staff member, told the commission that the application requests a conditional-use permit to allow an accessory structure larger than 1,000 square feet in the R-1E zoning district at 133 48th Avenue East, Lot 7, Block 1, McMahon Estates 1st subdivision. Lisa said the applicant provided a site plan described in the packet as a "19 20 square foot" accessory structure and that similar accessory buildings have been approved elsewhere in recent developments.

Lisa said staff found the proposal consistent with the comprehensive plan and city ordinances and recommended approval subject to two conditions: that the accessory structure be constructed of the same color and materials as the primary residence and that a signed conditional-use permit agreement be submitted prior to permit issuance. She also said notices were mailed to property owners within 350 feet and that staff received an email this morning raising concerns about whether the proposed size aligns with restrictive covenants of McMahon Estates; Lisa emphasized restrictive covenants are private instruments enforceable by property owners or an HOA.

There were no members of the public who spoke on the item. A commissioner moved to approve the conditional-use permit with the listed conditions; the motion was seconded and passed on a roll-call vote.

The commission’s action approves the CUP subject to the materials and signed agreement required by staff. Enforcement of any homeowners association covenants was noted as a private matter between property owners and their HOA and not a city-enforced condition.

Next steps: staff will require the signed conditional-use agreement before issuing the permit.