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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> February 22,2022 <br /> 6:00 o'clock p.m. <br /> Ressler moved,Bollis seconded,to approve LA21-000076, 1720 Bohns Point Road,Variances. <br /> VOTE: Ayes 5,Nays 0. <br /> 2. LA22-000001 TIM& LESLIE OARE AND JOHN& MICHELE ABBOTT,2941 CASCO <br /> POINT ROAD AND 2967 CASCO POINT ROAD,REQUEST HARDCOVER VARIANCES,A <br /> LOT AREA VARIANCE FOR A GUEST HOUSE,AND A CONDITIONAL USE PERMIT <br /> FOR A GUEST HOUSE AS PART OF A BOUNDARY LINE ADJUSTMENT AND LOT <br /> COMBINATION OF THE PROPERTY AT 2965 CASCO POINT ROAD. <br /> Tim and Leslie Oare, and John and Michele Abbott,Applicants,were present. <br /> Staff presented a summary packet of information.Ms. Curtis stated the Abbotts and the Oares purchased <br /> 2965 Casco Point Road(referred to in the Staff report as the Swenson property).The Abbotts have lived <br /> at 2941 Casco Point Road for a number of years;the Oares recently built a new home at 2967 Casco Point <br /> Road.They hope to split the property and combine each portion with their lots.An administrative <br /> boundary line adjustment(officially called a Subdivision Exception)can be completed by Staff and <br /> recorded by the owner to combine and move the lot lines if no new non-conformities are created or an <br /> existing non-conformity is not increased.Variances for hardcover for both lots are requested,a lot area <br /> variance,and a conditional use permit(CUP)supporting a guest house for the Oare property are <br /> requested.The Applicants propose a net decrease in hardcover of 22 square feet.However,the hardcover <br /> for the parcel to be owned by the Abbotts will increase from 22.96 to 27.5%,and the Oare property <br /> hardcover square footage increases and will exceed 25%.The currently non-conforming-sized Oare <br /> property will become conforming within the district with respect to lot area and lot width. The Abbott <br /> property will conform to lot area while lot width will remain the same and will acquire the detached <br /> garage;the Oares will acquire the Swenson home and wish to maintain the full functionality of the <br /> existing home to serve as a guest house.A guest house use in the LR-1C district requires two times the <br /> district minimum acreage. In this case,a minimum lot area of 1-acre is required for a guest house use in <br /> addition to a CUP.The resulting lot area for the Oare property is proposed to be 0.73 acre.They are also <br /> requesting a lot area variance from the guest house acreage requirement as part of this application.They <br /> have applied for the Subdivision Exception application(#LA21-000078)with the hope that the requested <br /> variances will be granted and the lot can be split between the two parties.Ms.Curtis showed the proposed <br /> hardcover removals on screen,noting the City Engineer had comments regarding the new driveway to <br /> serve the guest house and indicated that City Code would only allow one curb cut per property so the <br /> second driveway cannot be approved by Staff.Comments from neighbors are included. Regarding <br /> practical difficulty, Staff finds that the elimination of a non-conforming lot is a positive improvement <br /> from an average lakeshore setback perspective, as well as the overall reduction of hardcover between the <br /> 3 properties.The hardcover variance requested may be supported by practical difficulty as an <br /> improvement from the existing condition,however the new driveway hardcover proposed(on the Oare <br /> lot) is not supported,nor is it permitted by code. Staff does not find practical difficulties exist which <br /> support the requested lot area variance to permit a guest house use. Staff recommends denial of the lot <br /> area variance for the guest house use and denial of the CUP for the guest house.The Oares are permitted <br /> to maintain plumbing facilities in the existing house with a restrictive covenant addressing the use as an <br /> accessory building with full plumbing facilities.As the building is currently a fully appointed home, Staff <br /> recommends the Commission discuss whether or not modifications to the existing home are appropriate <br /> under this scenario.Regarding the requested hardcover variances, staff recommends denial of the <br /> hardcover variances for the Oare property.The Oares should consider making the following changes: <br /> 1.Elimination of the proposed driveway/parking area on the Oare property; <br /> Page 2 of 9 <br />