01-20-1998 Planning Commission Minutes

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xr MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 20, 1998 111 - #2330 Robert Beutler - Continued) #233 b ) Bressler said Staff recommends approval of the renewal variance of 65.11'to allow the construction of a new residence on a lot of record. Conditions include removal of the plumbing and heating facilities from the current principal structure prior to issuance of a certificate of occupancy and execution of the restrictive covenant. Mrs. Wendy Beutler said the time period for the new construction had expired. She did not believe removal of the heating facilities was previously stipulated. She would also like to maintain running water for gardening purposes. Mrs. Beutler said the Planning Commission had previously recommended maintaining the heating and plumbing facilities, but the Council required removal. She thought this pertained to the plumbing only. Mr. Beutler said the Council requested the restrictive covenant due to concern that the structure would be used for rental purposes. He would like to have the structure heated. Beutler indicated the structure is in good condition and meets all code requirements. Hawn said the Planning Commission had previously recommended maintaining the toilet facilities. Mrs. Beutler said she has no plans to rent the structure but would like to retain it for storage purposes. She noted that it is only 900 s.f and the proposed residence has a 1200 • s.f footprint. Mr. Beutler said there is no room in the garage for storage. She is willing to remove the bathtub and water if necessary. Mrs. Beutler said the restrictive covenant would transfer with the property if sold in the future. Lindquist read statements from the November 25, 1997 Council meeting indicating Council's rationale for removing the heating and plumbing facilities. Council Member Goetten referred to Resolution#2196. The conclusions state that prior to certificate of occupancy, the applicants would have to remove all heating and plumbing facilities. Mrs. Beutler asked if heating is allowed in an accessory structure. Lindquist said he did not believe the Council would change their opinion, and he would only approve the variance as previously approved without any further changes. McMillan said the applicant has the right to know what is allowed in an accessory structure. Bressler asked Vang to explain. Vang said unit heaters can be installed. The problem with the current heating system is that it is a complete furnace. Vang said the Council has had discussions on this topic and currently allows a water tap in an accessory structure but prohibited plumbing fixtures. • Mrs. Beutler asked what could be done to make the structure usable. 6