01-17-2023 Planning Commission Packet

Home Browse Search

Date Application Received: 12/06/2022 Date Application Considered as Complete: 01/07/2023 60-Day Review Period Expires: 03/08/2023 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 17 January 2023 Subject: #LA22-000065, Tim & Leslie Oare, 2967 Casco Point Road Variances Public Hearing Background Along with their neighbors John and Michelle Abbott at 2641 Casco Point Road, Tim and Leslie Oare recently purchased the property between their homes at 2965 Casco Point Road (formerly the Swenson property). They hope to split the property and combine each portion with their lots. They also plan to keep the existing home and detached garage on their respective halves of the property. 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. The City Council approved hardcover variances facilitating the split and combination of the Swenson property with Resolution Number 7309 in November 2022. Upon splitting the “Swenson” lot, the Abbotts will acquire the “Swenson” detached garage with their portion of the lot split; the Oares will acquire the “Swenson” home. The Oares wish to maintain the full functionality of the existing “Swenson” home to serve as an Accessory Dwelling Unit. An Ordinance establishing Accessory Dwelling Units (ADUs) as a permitted accessory use in all of the residential districts was adopted by the Council on November 14, 2022 (Ordinance 279, 3rd Series) is attached as Exhibit D. ADUs were not permitted in the RS District. According to the newly adopted ADU regulations, a minimum lot area of 1.0 acre is required in order to qualify for an ADU. The Oares’ property, once the combination is complete, is proposed to be 0.73 acre. Additionally the ADU performance standards require the principal building and the ADU to share utilities. Because the “Swenson” home was on a separate and independent property, it is served by separate utilities. The Oares are requesting variances from the ADU performance standards for utilities and lot area to permit the “Swenson” home to be used as an ADU on their property. Practical Difficulties Analysis Applicant Submittal Information: The applicant has primarily identified the existing conditions and the elimination of a separate nonconforming property as practical difficulties supporting the requested variance(s). Additionally, they have provided their supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Application Summary: With the goal of a lot combination and boundary line adjustment (pending Subdivision Exception Application #LA21-000078), the applicants are requesting approval of variances to permit an ADU on the property. Staff Recommendation: Please see the Staff recommends denial.