10-12-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 • ( #7) TONKAWA SHORES PRIVATE ROAD - CONTINUED Stein stated they would like to use the new road for access to the back of their property at 3400 North Shore Drive. Barrett stated staff should be directed to draft a letter to Regan listing reasons for requesting an extension to the application. ( #8) PLUMBING IN ACCESSORY BUILDINGS - ZONING CODE AMENDMENT - ORDINANCE NO. 179, 2ND SERIES Gaffron reported to Council a revised version of the "plumbing in accessory buildings" ordinance. It was tabled at the September 28 Council meeting for revisions. The two primary revisions discussed were limiting applicability of the ordinance (or at least the toilet/tub /shower CUP provisions) to properties of 2 acres in area or larger, regardless of the zoning district; and limiting applicability to structures that are conforming in location. Gaffron expressed a concern that if Council strictly limits this to properties of 2 acres or larger there could be a conflict with the ordinance that allows a guest house CUP for a property that meets the area standard in a 1/2 or 1 acre zoning district. Gaffron stated the building inspectors raised the issue of property owners who do not have an intent to use the accessory building as a guest house. The guest house CUP is intended for an accessory building that is a free standing dwelling which has all the amenities necessary to live there. Gaffron stated there is always a chance . that an accessory building with amenities that is intended for something other than dwelling use, will be used as an extra bedroom for short term stays for relatives for a few days to a week. If the room in the accessory building is used all summer by the relative, then the building has become a guest house. The zoning code does not differentiate between "occasional overnight use" and "guest house use ". Gaffron questioned at what level of use does an accessory building that has all the basic amenities become a dwelling. Kelley asked in the case of a 2 -plus acre lot in a 1 -acre zone being subdivided to create two conforming 1 -acre lots what happens to the accessory building and will the applicant be notified of the provision in our ordinance which states that in the event of a subdivision it may be necessary to tear down the accessory building so that a non - conforming situation does not occur. Gaffron replied that it will need to be addressed so that a non - conforming situation does not occur. Language could be added to the covenants or approval resolution as a warn ing/precautionary statement that the applicant needs to be prepared that the conditions might change if they want to subdivide. Moved by Flint, seconded by Goetten, to adopt Ordinance Number 179, Second Series, amending the Municipal Zoning Code of Orono by adding section 10.03 Subdivision 9F and Section 10.20, Subdivision 3Q regulating Plumbing in Accessory Buildings. VOTE: Ayes 5, Nays 0. Page 8