09-21-1998 Planning Packet - Laserfiche WebLink

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Plumbing in Accessory Structures June 6,1997 Page 2 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 regitlar lot requirements shall be met by the guest house." What Constitutes a 'Separate Dwelling’? A primary issue for Building & Zoning staff is to determine whether or when a guest house CUP is required for a given accessory staicture project . This determination relies on a definition of what factors make an accessory structure a dwelling. 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." The terms 'building', 'boardinghouse , 'motel' and 'hotel' are further defined in the zoning code. It is unfortunate, however, that the physical features that differentiate a building that is a dwelling from one that is not, are not defined. We then must turn to the Building Code, which indicates that a dwelling is characterized by containing facilities for "sleeping, eating, cooking and sanitation ." The building code also indicates a number of other features of a habitable dwelling: a separate closet, a kitchen sink, refrigeration, a cooking appliance, and plumbmg to include as a minimum a toilet, a tub or shower, and a lavatory. One could also argue that in Minnesota, a source of heat is also necessary during a portion of the year. Permanent Fixtures vs. Personal Property The next difficulty is that many of the physical objects which would reasonably and normally be used for the activities of'sleeping, eating, cooking and sanitation' are not fixtures, but can be