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