02-23-2004 Council Packet - Laserfiche WebLink

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A To:Ron Moorse, City Administrator From:Michael P. Gaffron Date:April 23,1997 Subject: Accessory Structure Policies P,jlated to Dwelling Status Accessory Structure Not To Be Used As Dwelling Except By CUP Zoning Code Section 10.03 Subd. 11 states; "Dwelling Use Prohibited. No cellar, basement, tent, trailer or accessory building shall at any time be used as an occupied dwelling". An accessory building with the potential to be used as separate dwelling unit creates a potential violation situation. However, Code Section 10.20 Subd. 3 (G)(1) provides for one special circumstance under which an accessory building mav be used for dwelling purposes via a Conditional Use Pemit in residential zoning districts: "Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house." Guest House Performance Standards The above language in italics has been part of the zoning code since 1975 (perhaps earlier). The City has long interpreted the phrase "all regular lot requirements shall be met by the guest house ” to mean that the property on which a guest house conditional use is proposed must contain double the required lot area of the zoning district in which it is located. The intent of this requirement is two fold: 1. Allow the ability for future subdivision to place the guest house on its own conforming lot (hence setbacks from lot lines and the principal residence structure are taken into account when a guest house CUP is reviewed). 2. Preserve the intended degree of residential density in Orono's neighborhoods, even if the guest house is never subdivided off. Limiting guest house use to that of the occupants of the principal residence and their domestic employees and non-oaving guests, is intended to allow for a caretaker, maid, etc. to live on the site as well as to provide for the occasional relative or guest (length of stay not specified). This eliminates the use as an income-producing separate dwelling unit which would function totally independently from the principal residence and which would therefore lose its "accessory" character. Of course, it is often difficult or impossible for the City to monitor whether a guest house is being rented out, and the City generally relies on neighbor complaints to identify violations. J