02-27-2006 Council Packet - Laserfiche WebLink

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1331 North Arm Drive February 24,2006 Page 2 At some point the plumbing was recoiulected to the former residence (now the accessoiy building) and new owners began to use this accessory building as a "hobby house" for recreational and horticultural uses, but not as a guest house. The current owners, Dennis and Gail Wilder, have listed the property for sale and were presented by Staff with the resolution making the plumbing and heating facilities illegal. The Wilders have requested that the City Council revise Resolution No. 4026 so that they are able to keep the heat and plumbiug to a sii�lc. In late 1998 the City adopted Ordinance 179, Second Series which allowed for plumbing in accessory structl�res. Plumbing that does not include a toilet, bathtub, or shower was hencefarth allowed in accessory buildings without the need for a CUP but requiring a covenant of limitations. Wliere a toilet, bathtub, or shower is included, a CUP is required, the sanze covenant is required, and the property must be conforming and contain at least two acres. The Zoning Code does not address the issue of heating accessory buildings. The City has allowed them to be heated as long as they meet Building Code requireinents. Planning Staff Recommendation Plumbing for a sink and heating facilities are permitted in accessory buildings on lots of all sizes in all residential districts. Plumbing for a sinlc and a heater are allowed by building permit from the building official and do not require Council approval. The property owners are willing to remove and/or render useless the bathrooin fiatures. Staff feels that as all properties are allowed to have a sinlc and/or heat within accessory buildings and because a restrictive covenant has been filed which governs the use of the accessory building there is no justification to apply fitrther restrictions on the Wilders' accessory building. However, because a resolution was filed which specifically required removal of the plumbing and heating facilities from the accessory building, formal Council approval is required to amend the language of Resolution No. 4026 to allow for plumbing for a sinlc and to allow heating facilities for the accessory building. As a point of clarification Staff would require that the batlu•oom fixtures be discorulected and completely removed from the accessory building. COUNCIL ACTION REQUESTED If Council deems it appropriate, authorize an amendmeut of Resolution No. 4026 to remove the language requiring the removal of the plumbing and heating facilities from the accessory building.