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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 37 WHEREAS, the Applicants use this accessory building as "hobby house" for recreational and horticultural uses, but not as a guest house; and WHEREAS, in 1998 the City adopted Ordinance 179, Second Series, which allows plumbing in accessory structures that does not include a toilet, bathtub, or shower without the need for a CUP but requiring a covenant of limitations; and WHEREAS, the Zoning Code does not address the issue of heating accessory buildings and the City has allowed accessory buildings to be heated as long as they meet Building Code requirements; and WHEREAS, plumbing for a sink and heating facilities are permitted in accessory buildings on lots of all sizes in all residential districts; and • WHEREAS, plumbing for a sink and heating facilities are allowed by building permit from the building official and do not require Council approval; and • WHEREAS, the Applicants are willing to remove and/or render useless the bathroom fixtures; and WHEREAS, the City Council finds that because all properties are allowed to have a sink and/or heat within accessory buildings and because a restrictive covenant has been filed which governs the use of the accessory building, there is no justification to apply further restrictions on the Applicants' accessory building; and WHEREAS, the City Council finds that a formal Council approval is required to amend the language of Resolution No. 4026, which specifically required removal of the plumbing and heating facilities from the accessory building, to allow for plumbing for a sink and to allow heating facilities for the accessory building; and WHEREAS, the City Council has considered this request including the recommendations of the City Planner, comments by the Applicants, and the effect of proposed request on the community. 123844 Page 2 of 4