12-08-2003 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 24,2003 8. U03-29SI Judith and James Pierpout, 1849 and 1801 West Farm Road—Lot Line Rearrangement-Continued Murphy asked which calculation on the wetland was correct. Gaffron stated that based on the watershed district ’s maps of wetland, 2S% of the 4-acre property is wetland. If Mr. Pierpont walked the property looking only for open waters, 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 with open water, which fluctuates greatly. McMillan asked Mrs. Pierpont if they had intended to combine the lots in 1990 with the 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 uni t 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 own, so would the 2-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 CUP would effectively do the same thing. Gaffron stated that a CUP would run with the property and be permanent. Moorse staled the problem would remain of monitoring for violations of the CUP. McMillan stated that the Pierponts would surely use the guesthouse ^propriately, but the next owner could violate the CUP. When lot line arrangements come up, it gives the City a chance to influence a situation. Mrs. Pierpont asked if it would be possible to make the restrictions part of the property 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 need 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 never effectively