04-25-2022 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 9 City Planner Curtis gave a report stating the Applicants own the properties on either side of 2965 Casco Point Road (formerly the Swenson property). The Swenson lot is nonconforming in area, width, and hardcover and the Applicants recently purchased the lot together and hope to split the property and combine each abutting piece with their own lot. The Applicants are proposing to maintain the existing buildings - the existing home will become part of the Oare property and the detached garage will go to the Abbott property. Because of the non-conformities, prior to approval of an administrative boundary line adjustment, variances will be required including a hardcover variance and guest house variance. Although the 3 combined lots currently exceed 25% the Applicants are proposing a total net decrease in hardcover of 813 square feet. The hardcover for the new combined Abbott parcel will have 26.8 % hardcover, and the new Oare property will have 25.6%. The Oares wish to maintain the full functionality of the existing “Swenson” home to serve as a guest house. A guest house use in the LR-1C district requires a minimum lot area of 1.0 acre in addition to a Conditional Use Permit (CUP). The resulting lot area for the Oare property is proposed to be 0.73 acre. Ms. Curtis stated the Applicants are requesting a lot area variance from the guest house acreage requirement as part of this application. On February 22, 2022 the Planning Commission held a public hearing. There was considerable discussion surrounding the lot area variance to support a guest house CUP. The Commission seemed to generally support the application in spirit but felt that practical difficulty was not provided. The Planning Commission voted 5-0 to deny the requested variances as applied. Comments from neighbors, which are all supportive, were received and included in the packet. Staff recommends approval of the hardcover variance for both properties resulting in a net decrease. Staff continues to recommend denial of the lot area variance for the guest house use. 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. Mike Sharratt is an architect, although he is not designing anything for this property. He noted there are a lot of non-conformities and in granting permission for the requests they are curing a lot of those non- conformities. Mr. Sharratt has listened to a lot of applications and there is a lot of pressure due to the value of property to do subdivisions to try and get multiple non-conforming lots out of a large property. This situation is the opposite as the Applicants are trying to remedy and make things better. The Swenson lot is very non-conforming and is only 20 feet wide at the lake. There are easements being eliminated, the net decrease of hardcover, giving up the dock, and they are not asking for additional parking. On the merits of what will be a much better situation for the Applicants and for the City, it seems a reasonable ask. Mayor Walsh thinks it is great that they are putting lots together and cleaning things up. He has the same issue with the last application which is the practical difficulty for the guest house. He needs to know the practical difficulty in having a house that can be rented out or lived in. Mr. Sharratt noted the Applicants have already agreed that they will not be renting this out. It is only for friends and family and will be less occupied and have less traffic on Casco Point Road because of the combination. Mayor Walsh noted they could sell it one day and it might be something different. He would agree with Staff’s recommendations. Ms. Curtis clarified the City has a covenant for guest houses that would be recorded against the property that would have the same restrictions that a plumbing accessory building has but also has the additional level of not being able to rent it or use it for home occupation. The Applicant is willing to sign a covenant restricting the use.