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Accessory Structures <br />April 23.1997 <br />Page 4 <br />But such a covenant does not result in physical traits of the structure being created in a manner non- <br />conducive to dwelling use. It effectively allows all the necessary physical features for adwelling to be put <br />into place, then assumes the homeowner and all future homeowners will abide by the restrictions (similar <br />to allowing the manufacture of cars that can go 120 miles an hour when the speed limit is SS). <br />Determining Policy <br />Given the Council's recent action to allow viaametecovenantall the physical improvements which make <br />an accessory structure functional as a dwelling, it appears the Council expects staff to take into <br />consideration the intent of the owner, not just the physical improvements in the building. It is not clear <br />whether Council wants to review each individual case, or whether Council expects staff to determine <br />whether a CUP or covenant is most appropri ate for a gi ven application and let staff deal with the covenant <br />situations. And, Council has not given clear direction as to what fixtures or facilities are necessary to <br />consider a structure to be a potential guest house. <br />'Sewer Connection Charge* Policy Has Been Inconsistent <br />Council has given inconsistent direction through the years as to the sewer connection charge for properties <br />with guest houses. In the past, where sewer was available, approval of a guest house CUP was <br />accompanied by a requirement that a full sewer unit connection charge be paid, regardless whether the <br />property was conforming in lot area requirements. However, in the recent (1994) Stoddard request for <br />a Guest House CUP on sewered property in which the lot did not meet the 'double area* standard. Council <br />chose to not require aconnection charge, apparently on the theory that charging one would provide a future <br />basis for the property owner to demand lot area and width variances for a future subdivision. <br />Draft Policy Statement <br />The Orono Zoning Code prohibits the use of an accessory structure on a property as a separate dwelling <br />unit, except via a Guest House Conditional Use Permit (CUP). A CUP may be issued by the City Council <br />upon finding that all Code requirements ate met. <br />AUTHOR ADDENDUM 2<2IMM: This memo was a precursor to Ordinance No. 179, Second Series, <br />adopted 10-12-98, which established the “Plumbing In Accessory Building” CUP.