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Zoning File #1510 <br />April 4, 1990 <br />Page 2 of 3 <br />3.The guest house conditional use permit section of the code <br />[Section 10.20, Subdivision 3 (G)] was revised in early 1987 <br />to distinguish between guest houses which must meet all <br />regular lot requirements and guest apartments, which have <br />specific requirements for access, utilities and usage. A <br />copy of that section is attached. <br />4.Technically, an average lakeshore setback variance is <br />required for this addition. This property has the <br />characteristics of a peninsula because it abuts the lake on <br />the west side and a lagoon to the north (see attached May <br />1989 air photo). <br />Discussion - <br />I would first refer Planning Commission to the attached copy <br />of Section 10.20, Subdivision 3 (G) - ii. "Non-rental guest <br />apartments." The applicant's request appears to meet most of the <br />conditions prescribed for such an apartment, as follows: <br />A) the intended use of the apartment is for the non-paying <br />relatives (parents) of the future owner, and is not intended <br />for rental use; <br />B) an additional 2-stall garage is being provided, hence <br />parking concerns are addressed; <br />C) sewage treatment is not a concern because this is a <br />sewered area, and the applicants intend to maintain the <br />utilities as part of the main house, and not sepf.rately <br />metered. <br />Access to the proposed guest apartment can be gained via a <br />number of doorways. There is a single doorway from the new <br />garage with access directly to the apartment. A walkout glass <br />door is proposed on the lakeside on the lower level. A glass <br />sliding door will lead to the existing upper level deck. There <br />will be an access door to the store room above the existing <br />garage. The entrance to the main body of the house is via the <br />proposed kitchen through an existing "entry hall" to the family <br />room. <br />Given the nature of the existing entry hall and the storage <br />area above the garage, it is arguable whether the proposed access <br />layout strictly meets the intent of the code in that "there shall <br />be at least one access door to the apartment from within the <br />principal structure, and such door shall be the primary access to <br />the apartment" (emphasis added). One could argue that the new <br />garage entrance will act strictly as the primary access, and that <br />the entry hall access on the lower level acts merely as a foyer <br />between two totally separate units. On the other hand, the <br />obvious shared use of the upper level deck helps to integrate the <br />use of the apartment into the main residence use.