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CITY COUNCIL MINUTES - November 6, 1985 G. CPFk'TAr. OIDERS: Item If) and Ig) - IAIDS OF M7Z= (continued) : the Council was whether the large garage proposed by Mr. Mozart was 'customarily incident' to a primary use. John Mozart, applicant, explained he had an antique car collection and would be doing no restoration work on the property. It world not be noisy; there world be no removal of trees and it was a level site. He had a landscaping plan to mitigate the visual impact which included thirty one trees backed up with bougain- villea. Julie Perrucci, applicant's designer, explained the need for a 19' height for the garage - in addition to the garage doors and the clearance needed for the antique cars, the slope of the garage roof had been designed to coordinate with the roof slope on the house. Ms. Perrucci further noted that a line of site had been prepared from the neighbors' homes and with the landscaping plans there would be minimal visual impact on the neighbors. In response to a question as to why there were no windows in the proposed garage, Ms. Penucci explained that it was a security controlled environment. It was also felt that it softened the impact of the garage; the breaking up of the long wall world not be as effective as land- scaping. Mayor Dronkert referred to her 11/1/85 memo which included the following suggested alternatives: 1) The Council finds that any accessory use in Section 9-5.702 is customary no matter how large, as long as it meets the requirements of zoning and site development ordl names and that it does not negatively affect the neighborhood; 2) The Council finds that any garage or accessory structure over a certain size and/or level ofuse is not customary and is therefore not allowed; 3) The Council could initiate a zoning ordinance revision to require a conditional use permit for accessory structures over a certain size and/or level of use; and 4) The Council could address their concerns in an agreement with the owner. Mr. Dan McDonald, 24280 Elise Court, requested Council deny this permit based on e sheer size of tRe—pm—j—e—ctarr-Fthevisual impact on his property. Mr. McDonald referred to his 8/7185 letter to the Planning Commission (on file at Town Hall) which detailed his concerns. Council discussed the proposed project and mitigation measures as noted by the applicant. It was determined that this was a large piece of property, a garage is a customary structure and this was a very large garage which required certain mitigating measures. b1mw SEcamm ASID CARRim: Moved by Fuhrman, seconded by Allison and passed unani- mously by all members present to declare the Council's intention to enter into an agreement with the owner and to approve a special lard use permit for the Lands of Mozart, subject to an agreement prepared by the City Attorney which covered the following concerns: 1) use of structure - restricted to garage use only; 2) review process - upon request of Council, applicant, new owner or violation of conditions; and, 3) limitation of public usage - for example no museum type of activities. Said agreement will be reviewed by the applicant and the Council and agendized for the 11/20/85 Council meeting. Allison suggested that Mr. McDonald meet with Mr. Mozart and Ms. Perrucci to discuss the proposed project and his concerns. Gil