08-08-1994 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 8, 1994 • ( #3) #1942 WILLIAM J. STODDARD, 2605 KELLY AVENUE - Continued Mabusth explained that the applicant was seeking a conditional use permit for an existing guest house apartment of 20' x 36' located above an existing detached garage on the property. He is also requesting connection of sewer and water to the unit to install a bathroom and kitchen area. The northwest corner of the structure is located 3.1' from the lot line. The one acre zoning district requires two acres for a guest house and the property consists of 1.7 acres requiring a lot area variance. She added that the Planning Commission recommended unanimous approval of the application. Mabusth continued that the structure is considered a guest house because it is a detached structure. With the extension of sewer and water, it could be considered a separate residential unit. It can never be rented. The living space above the garage has existed for 35 -40 years. Mayor Callahan noted the neighbors approved of the improvements but he questioned the hardship. Stoddard responded that the living space above the garage has existed for many years. Water has been connected but there are no records of this connection. The principal residence is very small with only two bedrooms. This extra space would help considerably with guests. Hurr asked if someone may want to subdivide in the future if a sewer and water unit were granted. Mabusth did not think anyone would want to consider this structure as a home because • it is very small. It could not be subdivided because there is not adequate area. Jabbour felt if the applicant were charged for sewer and water, the City is indirectly telling him there are two building sites. He did not object to the improvements but felt the hook -ups should be done through the main residence with no additional connection charges. Mabusth disagreed noting the applicant is receiving the right to have an additional bathroom and kitchen for the period of time the structure is used as a guest house at very nominal fees. She added it has been the policy of the City to charge a separate sewer and water connection when there is a detached guest house apartment. This establishes a record of sewer and water to the detached structure. Hun asked how the value would be changed by adding sewer and water to a non - conforming structure. Mabusth responded the value would increase. Jabbour asked the City Attorney if providing separate sewer and water connections to the guest house would give future owners a better chance of subdivision of the property. City Attorney Staunton replied that the guest house would be considered an accessory use. He did not understand the requirement for doubling the lot area requirement. Mabusth agreed with Jabbour that adequate area for a potential subdivision and separation from the principal structure have been considered in the past in approving guest house use. 2 40