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Adams County panel approves accessory building for Marshall Living Trust with deed restriction
Summary
An Adams County planning hearing approved a special-exception request allowing an accessory building across the road from the Marshall Living Trust residence, conditioned on a deed restriction preventing separate conveyance; staff clarified septic and residency limits and said removal of the restriction would require county action.
An Adams County planning body approved a special-exception request from the Marshall Living Trust on the condition that a deed restriction be recorded preventing the two parcels from being sold separately.
Speaker 3, the chair, opened the public hearing and Speaker 1, a staff member, described the request as a special exception under the Adams County Shoreline Well and Habitat Protection Ordinance and the Adams County Comprehensive Zoning Ordinance to allow an accessory building on a parcel across the road from the house. Speaker 1 provided the parcel description and noted that the town of New Haven had objected at its December meeting but recommended a deed restriction as a condition.
The panel discussed septic and residency concerns raised by members. Speaker 4 asked whether a bathroom could be added and whether an accessory structure might later be converted to a residence. Speaker 1 said accessory structures are not generally prohibited from having a convenience bathroom but that a separate wastewater system and well would be required and that converting an accessory building to a residence would implicate building-inspection and septic requirements. Speaker 6, associated with the property, said the mound septic system for the house is on the same lot where the accessory building would go, which staff said reduces the likelihood the lots could be sold separately.
On the deed restriction, Speaker 1 read the proposed language aloud: “This restriction shall be binding upon them, future owners, everything else. This restriction may be removed only by Adams County.” The planning body debated the order of actions and agreed the restriction should be added before final approval.
Speaker 3 moved to approve the application with the deed restriction attached; the motion was seconded and approved by voice vote. The chair confirmed the application was approved and Speaker 1 reminded the applicant that permits must be obtained before construction.
The meeting then moved on to scheduling and adjourned.
