02-27-2006 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL NIEETING MONDAY, NOVEMBER 24, 2003 , 8. #03-2951 Judith attd James Pierpo�:t, 1849 and I SOI t�'est Farm Road—Lot � Line Rearraiige�nent—Continued Murphy asked which calculation on the wetland «�as correct. Gaffron stated that based on the watershed district's maps of wetland, 2�% of the 4-acre property is �vetland. If Mr. Pierpont walked the property looking only for open�vaters, he would have arrived at his calculations technically in error. McMillan stated that wetland has to do with soil and grass types and not necessarily ti�zth open water, which fluctuates greatly. McMillan asked Mrs. Pierpont if they had intended to combine the lots in 1990 with thz guesthouse CUP. Mrs. Pierpont stated they had intended the lot combination, though it never happened. McMillan stated that the applicants could combine the lots and get only one sewer. Gaffron stated if the lots were combined, the guesthouse as a separate unit would cease to be an issue. However, if the Pierponts only got one sewer, the cost of sewer for each unit within the project would increase. Moorse stated that the zone requires a 2-acre minimum for a guesthouse in the 2-acre zone so that if the lot were ever subdivided, the guesthouse could stand on its own. In this case, they wouldn't want the guest house to stand on its o�vn, so would the ?-acre minimum requirement still stand, or could some compromise be worked out where the house remains, but could never be subdivided in the future. Such a compromise would then raise the issue of enforcing the use-restrictions related to the guesthouse in the future. Murphy asked if they could attach a covenant to the property. Moorse stated that a CL�P would effectively do the same thing, Gaffron stated that a CUP would run with the property and be permanent. Moorse stated the problem tivould remain of monitoring fc�r violations of the CUP. McMillan stated that the Pierponts would surely use the guesthouse appropriately, but the next owner could violate the CUP. When lot line arrangements come up, it �ives the City a chance to influence a situation. Mrs. Pierpont asked if it would be possible to make the restrictions part of the properri- deed. Barrett stated that they have a subdivision application, but do not have an application for a guesthouse before them. In order to grant a variance for the guesthouse, they would n�d the application and a hardship for that matter. He stated Council could decide on a preliminary basis if they would allow the guesthouse to stand, then require a formal application. They could put conditions into the variance, but could ne�-er effectively 12