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Council approves waiver allowing ADU to use existing on‑site service connection with deed restriction
Summary
Council approved, 3–1, a waiver to allow an accessory dwelling unit to use an on‑site water/sewer service connection instead of a separate main connection contingent on a deed restriction offering public benefit; councilors noted enforcement limits but accepted the legal form.
The Saint Helena City Council on April 22 approved a request to waive the municipal requirement that an accessory dwelling unit (ADU) be connected to the public water and sewer main by a separate service connection. Staff told council the applicant faces fiscal or physical constraints around providing a separate main connection and proposed a deed restriction reserving the ADU for a public benefit (the staff report attached the proposed agreement).
Staff clarified the waiver does not remove separate metering or billing; the ADU would still be separately metered and billed for water and sewer but would tie into the home’s existing on‑site lateral rather than require a separate main connection. The staff memo included a draft deed restriction intended to record the public benefit on the property. Council asked about enforceability and whether the ADU would in practice be rented; staff said the deed restriction is a standard tool, though it does not guarantee rental use. Council voted 3–1 in favor of the waiver (Barrick: no; others yes) and authorized staff to finalize required documents.
