Agreement/removal/access structures

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REQUEST FOR COUNCIL ACTION Date: April 21, 2004 Item No Department Approval: Administrator Approval: Agenda Section: �(` � Zoning Name: Melanie Curtis V Title: City Planner Item Description: Michael &Deborah Benedict—25 Orono Orchard Road Exhibit: Right of Entry Agreement Summary: Michael &Deborah Benedict own the property at 25 Orono Orchard Road. In 2002,the Benedicts receiv‘d a variance in order to construct a detached garage on their property which is located slightly in front of the principal structure. The Benedicts would like to remove their existing home and construct a new residence on their property. As the garage is a new structure, and with the valance is conforming, the Benedicts would like to be allowed to let it remain. Technically, our code would require a variance for this, however, staff would prefer in situations such as this where the accessory building is currently conforming to have an administrative alternative. Staff feels that a variance is an inappropriate method to allow the accessory building to remain, since Ithe situation only calls for a temporary variance while a new principal building is under construction. Staff is currently drafting an ordinance which would provide an option for an administrative agreement in situations such as this. The agreement would provide for a conforming accessory structure to remain on a property in the period between demolition and new home construction and also will provide authority for the City to remove the garage should the house construction not commence'vithin an established time frame and have those costs assessed back to the applicant. The Benedicts"vould like to utilize such an agreement as they wish to begin demolition of their existing home lib)/the end of May. Staff Recommendation Authorize the e ecution of an agreement that would allow the garage to remain at 25 Orono Orchard Road. COUNCIL A TION REQUESTED Accept or ame d the attached agreement.