08-08-1994 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • AUGUST 8, 1994 ( 0) #1942 WILLIAM J. STODDARD, 2605 KELLY AVENUE - Continued Kelley asked if the structure was to be used only as a garage with sewer and water if it would be assessed the connection fees. Mabusth stated there would be no connection charge but sewer service would not be approved because of potential use as a separate residential unit. Kelley noted that at the present time a drain cannot be installed in a garage that goes to a sewer line. Mabusth added that a request for sewer to a garage would require Council approval. Hurr asked how the code addresses improvement of non - conforming structures and the percentage of improvement. Mabusth responded that the code only addresses non - conforming uses, not structures. City Attorney Staunton added that if the use existed prior to zoning changes, the use was approved until there were major changes or intensification proposed. Gaffron explained that in the Flood Plain Ordinance there were regulations about the percentage of improvements to structures in the 0 -75' setback area, but the similar language in Section 10.03 about non - conformities applies to non - conforming uses, but not to non - conforming structures. Stoddard commented that he bought a 100 year old home and guest house about a year ago that is in very good shape. He would like to make some improvements to continue the care of the • property. In working with the City staff to obtain a building permit, he was advised that he had to apply for a conditional use permit and area variance. He requested Council to take action on the application with the condition that there would be no future subdivision allowed. He did not think the present or any future Council would grant a subdivision for this property. Mayor Callahan commented that despite Stoddard's plans for the property, future owners may not have the same view. Any permission granted is related to the property, not the owner. Mayor Callahan asked about the available sewer unit since there seemed to be a shortage of units available to Orono. Mabusth replied that since this property was in a sewered district, there was adequate capacity available in the sewer line to support this additional sewer unit. Goetten felt Council would support the proposed improvements but there was concern over the future use of the property. She would support approval of the application with the condition that no further subdivision of the property would be allowed. It was moved by Jabbour, seconded by Kelley, to approve Resolution No. 3455 granting a conditional use permit for the existing guest apartment above the detached garage and an area variance of 14,112 s.f. or .32 acres, subject to the conditions that no subdivision of the lot will be allowed, the structure may never be used for rental purposes and a fire wall separation must be provided between lower level garage and first floor level guest apartment. Sewer and water is to be provided through the main residence with no additional sewer and water connection fees. is Ayes 5, nays 0. 3