11-25-1996 Council Packet - Laserfiche WebLink

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Request for C ouikU Action continued Page 3 November 21, 19% Zoning File #2192 Robert and Wendy Beutler, 1331 North Arm Drive Applicants seek approval of the use of the existing structure as an accessory structure containing additional living space It is the intention of the applicants to retain the heating and use of a bathroom on the first floor, refer to Exhibits M and N The fixtures in the kitchen will be removed The majority of the structure will be used for storage The former living room and dining room area will be office and work shop area It is not the intention of the applicants to use the residence for sleeping rooms for guests as structure will not function as a guest house/apartment It is also not the intention of applicants to use office for home occupation as both are employed outside of home The Beutlers have reviewed the restrictive covenant required by the City for all accessory structures containing expanded living space (Exhibit O) The covenant v>as drafted by the City Attorney for an earlier request The property is served by an on-site well and shall provide the water supply for both structures. It shall be applicants contractor ’s responsibility to provide an "as-built" of the sewer line serving both existing structure and proposed new structure. An additional S.A.C. unit will not be charged as the structure will not be an independent residential unit. Planning Commission Review The Planning Commission raised the issue of enforcing the restrictive covenant as to how staff would be aware of someone making use of the structure as a guest apartment The concern was not for the current owner but for future owners of the property The City would be dependent upon adjacent property own«''-s informing of the illegal use of structure Staft* advised that the covenant filed on th*. chain of title provides the City with the means to enforce compliance. The City has failed to uphold certain conditions of approval in the courts when these conditions are listed in an Orono resolution The court will uphold a restrictive covenant. Planning Commission members noted this is the era of conservation and recycling and felt it a waste to require the removal of this structure They were concerned that plumbing facilities would still be retained in kitchen area along with a shower and tub in the bathroom. Members felt more comfortable with the plumbing being removed from the kitchen area along with the fixtures and the shower and tub area from the bathroom facility. Only a sink and stool were to remain within the bathroom. The heating system would remain to allow for use of structure during winter months and noted that thermostat would be at a level to ensure the protection of the plumbing remaining in the bathroom Applicants also noted that the office/workshop area would never serve as a prime office for their occupations as both have full-time employment out of the residence.