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600 square foot maximum floor area for the guest facility building would be the minimum necessary to permit the <br />construction of the guest facility inside the 1,008 square foot accessory structure without the removal and <br />replacement of the existing accessory structure. This also will ensure that the guest facility is within 100 feet of the <br />primary dwelling and that it will be serviced by utility extensions from the primary dwelling. The criterion is met. <br /> <br /> 4. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, <br /> the proposed development maintains the intent and purpose of the provision to be adjusted. <br /> <br />The adjustment will still maintain the intent and purpose of the guest facility limitation of 600 square feet maximum <br />floor area by the applicants’ intention to build a 594 square foot guest facility inside a larger previously permitted <br />accessory structure. The criterion is met. <br /> <br />9. MCC 17.126.020 allows for certain secondary accessory uses and structures to be permitted on a lot or parcel with <br /> a primary use and are subject to the limitations and requirements: <br /> <br />A(9): Guest facilities not in a primary dwelling unit, provided: <br /> <br />a. Only one guest facility is allowed per contiguous property ownership; and <br /> <br />The applicants are only proposing a singe guest facility. <br /> <br />b. Total combined maximum floor area shall not exceed 600 square feet, including all levels and <br />basement floor areas; and <br /> <br />The applicants have requested a Variance to this standard, to allow for a 960 square foot guest <br />facility. <br /> <br />c. No stove top, range, or conventional oven is allowed; and <br /> <br />This restriction shall be a continuous condition of approval to ensure that the guest facility is not <br /> utilized as a dwelling. <br /> <br />d. All water, sewer, electricity and natural gas services for the guest facility shall be extended from <br />the primary dwelling services; no separate meters for the guest facility shall be allowed; and <br /> <br />The applicants understand this restriction. <br /> <br />e. The guest facility shall be located within 100 feet of the primary use dwelling on the same <br />property, measured from the closest portion of each structure; and <br /> <br />The structure already exists and the area proposed for use as a guest facility is within 30-feet of the <br />primary dwelling on the same property. <br /> <br />f. The guest facility shall use the same septic system as the primary use dwelling, except when a <br />separate system is required by the building inspection division due to site constraints, or failure of <br />the existing system, or where the size or condition of the existing system precludes its use, additional <br />drain lines may be added to an existing system, when appropriate; and <br /> <br />The applicants understand this restriction and shall follow the requirements of Marion County <br />Septic. <br /> <br />g. The guest facility shall not be occupied as a dwelling unit; and <br /> <br />The applicant states that they understand this structure may not be occupied as a dwelling unit. This <br />application is the direct result of code enforcement which is in part related to complaints that the <br />second story of a pole barn was being utilized as a dwelling unit. Rather than demolish this area