02-09-1987 Council Packet - Laserfiche WebLink

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To: Orono Planning Commission Members From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: November 13, 1986 Subject: Proposed Zoning Code Amendment - Guest Apartments Pertinent Code Sections: 10.20, Subdivision 3 (G) 10.08, Subdivision 3 (A)(7) 10.02, Def. 128 Def. #22 The intent of the proposed amendment is to establish performance standards for non -rental guest apartments within principal residences. In the past, the. City used the "Guest House" Section 10.20, Subdivison 3 (G) in dealirg with such apartments, although the wording of Subdivision 3 (G) clearly was written to pertain to separate detached structures, especially the regulation for meeting "all regular lot requirements". In the recent past, staff has suggested that such guest apartments, may more appropriately fall under Section 10.08, Subdivision 3 (A)(7) as a variance. The full intent of the legislature, in the recent amendment of the State Statutes, is not known, ". .the governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling." Note use of may instead of shall weakens the directive but clearly a Municipality cannot be accused of granting a "use variance". The state is responding to the economic pressures facing many homesteads and the need to encourage local governments to define legal, innovative ways to solve the dilema. Staff feels it would be appropriate under specific conditions to allow guest apartments as an accessory use, with p• 'ormance standards written into the code, as follows: Add Section 10.20, Subdivision 4 (I): I. Non -rental Guest Apartments. An apartment within the principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall he at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Define Guest Apartment by adding Section 10.02, Subdivision 28 (a) as follows: "Guest Apartment" - An apartment within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. As an alternative, because allowing guest apartments as an accessory use gives up certain controls such as filing a resolution in the chain of title, the same performance standard could be incorporated into the conditional use section. This would maintain a somewhat greater degree of control but would still require an application before the Planning Commission and Council, which is In some cases an unwieldy prucess. Are there any conditions under which the "accessory use" status could be granted without the mad for filing a resolution? -� "r.. I, ' Fc� t