HomeMy WebLinkAboutZ-3973 Staff Analysis0
March 21, 1983
Item No. 14 - Z-3973 - Interpretation
Owner: Robert E. Farrell, M.D.
Request: Interpretation of those sections of
the Ordinance dealing with accessory
uses in the residential zoning
districts.
At Issue: In 1981, a three -car garage with
two additional stories of space
on the top was constructed at
501 N. Elm Street as an accessory
building to the Farrell residence.
Questions relate to the use of the
second and third stories. Dr. Farrell
contends that this space serves a
variety of purposes, including
hobby/craft activities, the
storage of personal items and
occasional guest accommodations.
STAFF COMMENT:
The Ordinance, Section 7-101.1b states that "servant's
quarters, provided said quarters are used only by persons
employed on the premises and not for commercial purposes"
are permitted as accessory uses in the "R-1" Single Family
District. This "permission" is carried forward through the
other residential districts by reference.
The Ordinance does not specify whether the servant's
quarters can have a kitchen or not, but one would assume
that some cooking facility would be permitted. There is no
provision for a garage apartment within the framework of the
Zoning Ordinance, but there are a number of guests houses
located around the City. Dr. Farrell has said repeatedly
that he had no intention of renting this unit either now or
at any time in the future. Further is prepared to back up
that statement with a restrictive covenant which would be
filed and become a part of the deed to his property.
Guest houses are not addressed by the Ordinance in any
section. It appears that a secondary dwelling could be
constructed on a property, but the occupancy of the building
would be limited to those persons in the employ of the
primary resident.
Both Dr. Farrell and Mr. Leaming, a neighbor to the north,
will be present. A copy of Dr. Farrell's proposed deed
restriction is included for the Board's consideration.
March 21, 1983
Item No. 14 - Continued
BOARD ACTION:
The applicant was present, and there were no objectors. The
applicant made a brief statement relative to the history of
the construction on the property. There was a lengthy
discussion of a number of issues relating to it. Finally,
the Board moved to interpret that the owner's use or _!e -
r rea over - e ara e nest tact i y w wt iJ.n t o
spirit of the Zoning Ordinance so long as we provisions
were iiie-. a tons are 1 ea d
o -n t - S nd that no guest be
permittedto reside there for any perto _onger than 14
consecutive days. The motion onth n er re anon passed
7- ayes, 0 noes, 1 absent, 1 vacancy.