03-16-2003 Planning Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday. Ma/ 19,2003 6:00 o'clock p.m. (#9 #03-2896 BRUCE BOEDER ON BEHALF OF FRANCISCUS BASTIAENS, Continued) new principal residence. This would require a Guest House CUP approval, and a variance to the lot area requirement. The building permit was issued subject to an agreement requiring applicant to remove the old house within 30 days afler issuance of a C.O. for the new house if the CUP is not approved. Gaffron reviewed the fact that, Orono ordinances do not allow a detached second dwelling unit to remain in place on the property after construction of a new' principle structure, except and unless a Guest House Conditional Use Permit is approved by the City Council. Since by definition the parcel is a comer lot, the north lot line of the property is considered as the front lot line, and the east lot line abutting the right-of-way of Femdale Road North is considered the side street lot line. Gaflron explained that the applicant wishes to continue to use the existing driveway access to North Femdale Road during the duration of the temporary CUP, althougli the new home accesses the private road informally known as ‘Lydiard Road’ to the north of the property. For the 24-month period staff would not oppose this plan. After review of the existing septic system, it was deemed that the septic serving the old house is functional but non-compliant with the 3‘ separation from seasonal saturation rule, and under City codes would normally have to be replaced by the end of December 2010. However, the drainfield for the old system is minimal at best and is close to the foundation of the new house. Having discussed this matter with Septic S>'stems Inspector Matt Bolterman, it is staffs recommendation that the old house sewer line be connected to the new house septic s.vstcm during the temporary continued use of the old house. With regard to the lot area variance, Gaffron pointed out that the City has consistently ruled that the language ‘All regular lot requirements shall be met by the guest house ’ means that the lot area must be 20(W'a of the zoning district standard area; i.c. for the 2-acrc zone the lot area must be 4 acres. The applicant’s old house is about 35 ’ from the new house, hence the property could not be subdivided to allow both houses a 30' side setback; furthermore, the lot is only 2.3 acres, so no subdivision is feasiblj. After reviewing the issues for consideration, Gaffron stated that staff recommends approval of a temporar>' guest house CUP and lot area variance for same, subject to the follow ing conditions: 1. The guest house shall be used and occupied by persons w ho would otherwise use the primary residence on the property, such as domestic help, guests and relatives. 2. The guest house shall not be used as a rental unit and will not be used for a home occupation except to the extent that such use may be allow cd by City code. PAGE 29 of 39 ..