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c;C)ul�Ci� I�E�T�NU <br /> �EB 2 �2006 <br /> REQUEST FOR COUNCIL ACTION <br /> CITY OF�RONO <br /> Date: <br /> Item No. �� <br /> Department Approval: � Administrator Approval: Agenda Section: <br /> Name:Mel�nie Curtis � <br /> Title: City Planner <br /> Item Description: <br /> Review Resolution No. 4026 (March 1998)—Dennis & Gail Wilder— 1331 North Arm Drive <br /> Zoning District: LR-1 B, Single F�u7ily Llkeshore Residential, 1 acre/140' width <br /> Lot Area: 1.13 acres <br /> Lot Width: 75' at shoreline, 83' at 75' setback <br /> List of Exhibits: <br /> A—Letter from Property Owners Dennis & Gail Wilder <br /> B —Resolution No. 4026 and Covenant <br /> Summary of Request: <br /> The current property owners, Derulis and Gail Wilder, request that existing heating and plumbing <br /> fixtures in an accessory building be approved for continued use, requiring a revision of Resolution No. <br /> 4026 adopted January 26, 1998. <br /> Background <br /> In March 1998, Robert Beutler, property owner of 1331 North Arm Drive received Council approval <br /> to keep the existing 28' x 36' home on the property during and after the construction of a new <br /> residence. The approval resolution required that the heating and plumbing facilities be removed from <br /> the existing home prior to issuance of a certificate of occupaney for the new residence. The basis for <br /> such requirement was that in order for a property to qualify for a guest house the property must <br /> contain twice the required acreage, and the home and the guest house inust be able to meet the <br /> required setbacks. As the subject property does not meet either of these requirements the removal of <br /> the plumbing and heating facilities was the City's way to assure that the existing home was not used as <br /> a guest house following the occupancy of the new home. It was intended to remain as merely an <br /> accessory building. <br /> The property owner was also required by the City to eaecute a covenant restricting the use of the <br /> accessory structure, which was filed in the chain of title of the property. That covenant disallows the <br /> use of the building as an "alternative living space, including but not limited to, a guest house, <br /> secondary residential tuiit, mother-in-law apartment, rental of structure, ar the like". <br /> Upon review of the file history it appears that the plumbing coiulection to the municipal sewer was <br /> removed at the time of the certificate of occupancy; however, Building Inspector Bruce Vang recalls <br /> there was additional discussion (tuidoctunented) regarding the necessity of removing the heating <br /> system. It appears ihat the heating system is still in place today. <br />