Kennebunk Choose Bo;ard members and the homeowners of 421 Alfred Street have a agreed to a consent judgment that resolves the variety of dwelling items on the property, over time. Dan King picture
KENNEBUNK – Choose board members have voted in favor of a consent judgment that resolves, over time, the standing of the first residence and variety of dwelling items at 421 Alfred Street.
At the moment the property has 4 rental dwelling items, three within the major residence and one indifferent, which exceeds the quantity allowed within the rural residential district. One of many items is just not owner-occupied for six months of the 12 months, as Kennebunk’s zoning ordinance requires.
Phrases of the settlement spell out that the variety of dwelling items on the property be lowered to 3, with one in every of them being proprietor occupied, by Jan. 1, 2025. The settlement features a $5,000 high quality.
The property is presently on the market, board members have been instructed Feb. 14. Neighborhood Growth Director and City Engineer Chris Osterrieder instructed the board the itemizing is “reflective of what’s presently occurring on the property, nonetheless something apart from what’s legally allowed to happen on the property might be topic to enforcement motion.”
Kennebunk’s zoning ordinance presently permits one accent dwelling unit and specifies the first residence be proprietor occupied six months of the 12 months. The planning board is contemplating revisions to the ordinance, in gentle of L.D. 2003, which was handed by the Maine Legislature to deal with the state’s reasonably priced housing disaster.
Osterrieder instructed the choose board that the property can help the makes use of.
He mentioned the property itself dates properly earlier than zoning – paperwork present the primary home was constructed within the 1790s, with others added later – and that the variety of dwelling items presently in place predates the present proprietor, and sure the prior homeowners.
Osterrieder mentioned the problem is that the items are housing group members and famous the city is making an attempt to extend the housing provide – therefore the proposed consent judgment.
He mentioned the proposed settlement could be with the present homeowners, and would switch with the property upon sale.
“L.D. 2003 will make some adjustments to native land use legal guidelines by permitting accent dwelling items and larger density in some places,” City Lawyer Natalie Burns mentioned. She mentioned proposed ordinance adjustments wouldn’t make the property absolutely compliant, “so there’s a must do one thing and so long as an excellent violation they’re unlikely to have the ability to promote the property.”
Choose Board chair Shiloh Schulte requested if there was a path ahead that might permit an proprietor plus three dwelling items.
Burns, the legal professional, mentioned that would probably occur with a contract zone or future ordinance.
Osterrieder famous the planning board’s latest take a look at L.D. 2003, however identified the property is just not within the city’s progress space. “It is a compromise,” he mentioned.
There have been questions whether or not the consent judgment would set a precedent.
Burns defined that every enforcement motion is judged by itself deserves.
The vote was six in favor; choose board member Kortney Nedeau was absent.
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