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Council approves accessory-dwelling permit with 10-foot rear setback and separate utilities
Summary
The Percival Town Council approved CSUP-26-01 for an accessory-dwelling unit at 330 West Main Street, requiring a 10-foot rear setback and a separate water and sewer connection; the applicant had requested a 5-foot setback. The approval passed with five yes votes and one abstention.
The Percival Town Council voted to approve a conditional special use permit (CSUP-26-01) that allows an accessory dwelling unit at 330 West Main Street, subject to a 10-foot minimum rear setback and a separate water and sewer connection for the unit.
Planner Ben Sullivan summarized the proposal and the staff recommendation, saying the proposed ADU is roughly 497 square feet and “meets all the standards” except the rear setback shown in the applicant packet. Sullivan told the council the application showed a 5-foot rear setback but that section 3.4.14A of the zoning ordinance requires a 10-foot minimum for an accessory structure. Staff recommended approval only if the 10-foot setback and separate utilities were made conditions of approval.
Council members pressed staff on precedent and the process for a smaller setback. Council member Wright asked whether the council could grant the 5-foot proposal; town counsel explained that a variance would require the Board of Zoning Appeals and council could not unilaterally waive the 10-foot requirement. The council also discussed a state law coming into effect in 2027 and whether it might change local setback authority; staff said they had not completed research on the law’s impact and counsel noted ordinances adopted before 01/01/2026 would generally be grandfathered.
After a motion to suspend the rules so the council could vote the same night, the council approved the permit as amended. The roll-call recorded Council Member Stout voting yes, Council Member Khalil yes, Council Member Luke recorded as “I’m staying” (abstain), Council Member Wright yes, Council Member Raynor yes, and the Mayor yes. The motion carried.
The approval includes the two staff conditions (10-foot rear setback and separate water and sewer connection); staff noted the town would receive a one-time water/sewer connection fee but no ongoing budgetary obligation tied to the ADU.
