09-21-1998 Planning Packet - Laserfiche WebLink

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Plumbing in Accessory Structures June 6,1997 Page 4 that perhaps a shower or tub in combination with a toilet is necessary to comprise a functional, if not necessarily legal, dwelling unit... It may therefore be reasonable to define whether a structure or space is a (potential) dwelling unit by the presence or absence of a bathtub or shower in combination with a toilet. Restrictive Covenant: Alternative to CUP? Staff would welcome a clear policy statement on what fixtures can be allowed in an accessory building without requiring a Guest House CUP. The policy becomes more difficult to define now that the Council has in at least one case allowed an accessory building to contain a shower and a toilet, with a covenant filed in the title stating that the building may not be used as "an alternative living space, guest house, secondary residential unit, mother-in-law apartment, rental structure, or the like". It is staffs impression that Council has taken the position that even though an accessory structure has the amenities to be used as a second dwelling unit (i.e. it looks and smells and feels and tastes like a guest house), the determinant of whether it needs a CUP is the owner's intended use of the structure. And, if the owner does not intend to use it as a guest house even though it can easily function as one, a covenant filed in the title wherein the owner agrees to not use it as a dwelling presumably at least gives the City the right to sue for breach of covenant, if it is subsequently used as a dwelling unit. The covenant also notifies future owners of the property that dwelling use is not allowed. But such a covenant does not result in physical traits of the structure being created in a manner non- conducive to dwelling use. It effectively allows all the necessary physical features for a dwelling to be put into place, then assumes the homeowner and aP future homeowners will abide by the restrictions (similar to allowing the manufacture of cars can go 120 miles an hour when the speed limit is 55). 'Sewer Connection Charge' Policy Has Been Implemented Inconsistently This is a separate but related issue. Council action regarding sewer connection charges for properties with guest houses has been inconsistent when viewed over the past 10-15 years. In the past, where sewer was available, approval of a guest house CUP was accompanied by a requirement that a sewer unit connection charge be paid, regardless whether the property conformed to lot area requirements. However, in the recent (1994) Stoddard request for a Guest House CUP on sewered property in which the lot did not meet the 'double area' standard. Council chose to not require a connection charge, apparently on the theory that charging one would provide a future basis for the property owner to demand lot area and width variances for a future subdivision. A clear policy must be established to avoid future inconsistencies.