04-11-2022 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION February 22, 2022 6:00 o’clock p.m. 1. LA22-000001 TIM & LESLIE OARE AND JOHN & MICHELE ABBOTT, 2941 CASCO POINT ROAD AND 2967 CASCO POINT ROAD, REQUEST HARDCOVER VARIANCES, A LOT AREA VARIANCE FOR A GUEST HOUSE, AND A CONDITIONAL USE PERMIT FOR A GUEST HOUSE AS PART OF A BOUNDARY LINE ADJUSTMENT AND LOT COMBINATION OF THE PROPERTY AT 2965 CASCO POINT ROAD. Tim and Leslie Oare, and John and Michele Abbott, Applicants, were present. Staff presented a summary packet of information. Ms. Curtis stated the Abbotts and the Oares purchased 2965 Casco Point Road (referred to in the Staff report as the Swenson property). The Abbotts have lived at 2941 Casco Point Road for a number of years; the Oares recently built a new home at 2967 Casco Point Road. They hope to split the property and combine each portion with their lots. An administrative boundary line adjustment (officially called a Subdivision Exception) can be completed by Staff and recorded by the owner to combine and move the lot lines if no new non-conformities are created or an existing non-conformity is not increased. Variances for hardcover for both lots are requested, a lot area variance, and a conditional use permit (CUP) supporting a guest house for the Oare property are requested. The Applicants propose a net decrease in hardcover of 22 square feet. However, the hardcover for the parcel to be owned by the Abbotts will increase from 22.96 to 27.5%, and the Oare property hardcover square footage increases and will exceed 25%. The currently non-conforming-sized Oare property will become conforming within the district with respect to lot area and lot width. The Abbott property will conform to lot area while lot width will remain the same and will acquire the detached garage; the Oares will acquire the Swenson home and wish to maintain the full functionality of the existing home to serve as a guest house. A guest house use in the LR-1C district requires two times the district minimum acreage. In this case, a minimum lot area of 1-acre is required for a guest house use in addition to a CUP. The resulting lot area for the Oare property is proposed to be 0.73 acre. They are also requesting a lot area variance from the guest house acreage requirement as part of this application. They have applied for the Subdivision Exception application (#LA21-000078) with the hope that the requested variances will be granted and the lot can be split between the two parties. Ms. Curtis showed the proposed hardcover removals on screen, noting the City Engineer had comments regarding the new driveway to serve the guest house and indicated that City Code would only allow one curb cut per property so the second driveway cannot be approved by Staff. Comments from neighbors are included. Regarding practical difficulty, Staff finds that the elimination of a non-conforming lot is a positive improvement from an average lakeshore setback perspective, as well as the overall reduction of hardcover between the 3 properties. The hardcover variance requested may be supported by practical difficulty as an improvement from the existing condition, however the new driveway hardcover proposed (on the Oare lot) is not supported, nor is it permitted by code. Staff does not find practical difficulties exist which support the requested lot area variance to permit a guest house use. Staff recommends denial of the lot area variance for the guest house use and denial of the CUP for the guest house. The Oares are permitted to maintain plumbing facilities in the existing house with a restrictive covenant addressing the use as an accessory building with full plumbing facilities. As the building is currently a fully appointed home, Staff recommends the Commission discuss whether or not modifications to the existing home are appropriate under this scenario. Regarding the requested hardcover variances, staff recommends denial of the hardcover variances for the Oare property. The Oares should consider making the following changes: 1. Elimination of the proposed driveway/parking area on the Oare property; 2. Removal of the existing lakeside “Swenson” deck on the Oare property; and 3. Removal of at least 340 square feet of existing patio hardcover on the lakeside of the