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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,February 18,2014 <br /> 6:30 o'clock p.m. <br /> he is not sure how the encroachment happened but that there was probably still some church ownership of <br /> the property that surrounded the main church property. Gaffron stated he is assuming that was not <br /> considered to be an issue at the time if it existed. <br /> Gaffron indicated this wedding activity has been going on for a number of years and that approximately <br /> five or ten years ago Staff had a discussion with the City Attorney and again recently about whether it <br /> would be considered a commercial use. The City Attorney indicated that weddings are part of a church <br /> use and that it is unlikely the City would be able to make the church discontinue them. Gaffron stated <br /> weddings are technically something that is part of the church use that is under an existing Conditional Use <br /> Permit and therefore is allowed to continue. Gaffron stated Staff was informed by the City Attorney that <br /> weddings are an allowed use regardless of who is operating the church or how the church is being <br /> operated. <br /> Schoenzeit asked whether the number of parishioners or the amount of money charged for the weddings <br /> would have any impact on it. <br /> Gaffron indicated those factors would not. Staff had that concern initially when it started to appear to be <br /> more of a commercial activity than simply a church, and noted if the City wanted to pursue it further,the <br /> City Attorney would need to get involved. <br /> Schoenzeit moved,McGrann seconded,to recommend approval of Application No. 14-3648,Ben <br /> Goodwin,565 Leaf Street and 550 Oxford Road,granting of a variance to allow an 8-foot fence <br /> where a 6-foot fence is the maximum. VOTE: Ayes 5,Nays 0. <br /> 3. #14-3649 DEREK AND KELLY PRCHAL,4705 WATERTOWN ROAD,VARIANCE, <br /> 6:55 P.M.—7:03 P.M. <br /> Derek and Kelly Prchal, Applicants, were present. <br /> Curtis stated in 1999, a variance was granted allowing an oversized 1,120 square foot barn to be <br /> constructed streetward of the existing home. The home is situated at the rear of the property. The <br /> applicants are new owners of the property and would like to remove the barn and construct a new 2,200 <br /> square foot garage approximately in its place. A 2,200 square foot accessory structure is defined as an <br /> oversized accessory structure. A setback variance is required as the proposal is not an in-kind rebuild. <br /> The applicants' property has over 700 feet in depth from Watertown Road. The house is located 60 feet <br /> from the rear property line making it difficult to construct a conforming accessory structure. According <br /> to City Code, an oversized accessory structure must meet principal structure setbacks for the appropriate <br /> zoning district. In addition, City Code states that no detached garage or other accessory building shall be <br /> located nearer to the front or street lot line than the principal building on that lot. <br /> The property is located within Tier I of the Stormwater Quality Overlay District based on its proximity to <br /> Painter's Creek on the western boundary. Hardcover calculations were not submitted as part of the <br /> application. Due to the size of the property and the location of the proposed new hardcover, Staff does <br /> not feel the 25 percent limitation would be reached with this proposal. <br /> Page 5 of 11 <br />