09-18-1995 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 18, 1995 ( #8 - #2062 Ted Rozeboom/Josephine Knudson - Continued) Schroeder asked the applicant if he would be able to work out of his own home. Rozeboom said he would lose the integrity of the Victorian style home and needed the space provided by the other residence. Several ideas were aired regarding a lot combination and a "skyway" or structure of some sort to connect the homes or ownership change of the residences. Gaffron commented that one option to consider absent legal combination but with common ownership was a "special lot combination" document that is filed on the chain of title of both properties that would define what may be done on the properties. Hawn inquired of the applicant again if he would be willing to combine the lots. Rozeboom said he would lose too much market value but would be willing to put the other residence in his name and homestead it. Gaffron read a letter from Mr. Henney, , 2941 Casco Point Road, voicing his support of the application. Gaffron again noted the Attorney's opinion on the use variance as to whether it would allow the use in that residence. Barrett opined that it would not be a use variance. Rozeboom asked, and received confirmation, that if the "special lot combination" were to be done, it could be terminated if the lot ownership would change. It was further commented that if the relationship were to change or the residence sold, it could also be terminated but it cannot exist in the present configuration. Rowlette moved, Smith seconded, to approve Application #2062 with a special lot combination defining the relationship of the parties involved, with both parcels being placed in Rozeboom's name but not required to be legally combined. The use would be allowed until Rozeboom was no longer the owner of both properties. He would be required to meet the home occupation conditions except the three noted. No signs or rental of the property could occur. A portion of the blacktop would be removed and a landscaping plan be presented prior to going forward to the Council. Schroeder asked for clarification of what is a special lot combination document. Gaffron cited an example of separate but commonly -owned properties located on two sides of a road. The owner wants a house on one side but the garage on the other side. This might be allowed under a "special lot combination" as the lots were sold together. Schroeder asked if the application was a typical example. Gaffron said it was an unusual example of the use but with the City's discretion, it could be done. The document would be on the chain of title, and if broken, it would revert back to its original intent. • 19