02-23-2004 Council Packet - Laserfiche WebLink

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*04.2976 February 20,2004 Page 2 Wetland Issue. First, I would like to state that, as strongly as the applicant believes that the only reason he was required to combine in 1990 was the septic system over the line, I am equally convinced that the primary reason for combination was that without it, the property did not meet the 4-dry-buildable-acres for a guest house in the 2-acre zone. The definition of what portion of his property was wetland has not changedsince 1990. Theboundarybetween the wetlandanduplandonour 1974 mapsisvirtuallyidentical to that depicted by the current topographic survey. It's an abrupt change from upland to wetland, and not much room for interpretation. Guest House Standards Reflect Density Concern. Staff believes the City's need to regulate guest houses is directly related to the intended density and intensity of dwelling uses. A second dwelling on a given standard sized property potentially brings in double the traffic, double the human activity, and half as much open space as the same lot with just a principal dwelling. That is why the Code since 1967 or earlier has required that “all regular lot requirements shall be met by the guest house". This guarantees a measure of separation commensurate with the intended zoning. The Code has never differentiated between the relatively benign impacts of an occasional house guest staying for a few days, and the much greater potential impacts of the family or extended family memberf*') or long-term caretaker and family who occupy a guest house as their primary residence. Indeed, it w'/ald be difficult for the City to monitor such uses, nor to monitor whether rent is exchanged for such u.«:e, and that is likely why the broad-brush guest house CUP was established. The City has in fact had to contend with illegal rental occupancy of accessory buildings that were provided with plumbing. We have had multiple situations in the Navarre area where detarSied garages with plumbing were rented as dwelling space. It may be affordable housing, but the neighbc.hood suffers. Staff believes that the proliferation of detached garages with studio or other non-storage sp ice that have been approved for a 'plumbing in accessory structure' CUP set up a situation for separate dwi lling rental uses, regardless whether they have kitchens, and regardless whether they have executed a ct vcnant agreeing to no such uses. Defining “Guest House". What is a guest house? The zoning code defines it as follows; "Guest House - An accessory separate dwelling constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their non-paying guests, of the primary dwelling. All regular lot requirements simll be met by the guest house. ’’ A guest house is an accessory separate dwellineon a property that already has a principal dwelling. The definition of dwelling is key to the issue. The zoning code definition of 'dwelling' is: "Dwelling - A building or one or more portions thereof designed or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. A dwelling shall not be interpreted to include lodging rooms." I