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TO:Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Paul Weinberger, Assistant Zoning Administrator <br />DATE:May 10,1999 <br />SUBJECT: #2485 Alex and Cathy Johnston <br />940 South Brown Road <br />Conditional Use Permit-Public Hearing <br />Zoning District: RR-1B One Family Rural Residential District <br />Lot Area:9 +acres (5.11 acres dry: 4.55 acres dry contiguous) <br />Application: Applicant has filed a conditional use permit to allow a "guest house". A bam exists <br />on the southeast portion of the property that the applicant is remodeling to install a guest apartment. <br />The bam is classified as an oversized accessory structure as it exceeds 1,000 s.f However on a <br />property with 5.11 dry acres the lot is allowed one oversized accessory stmcture up to 2,200 s.f. The <br />bam is 1,664 s.f in size. A condition of approval shall be the property owner file a restrictive <br />covenant on the property that states the following; <br />A. No future subdivision will be approved that places the structure within a lot that has <br />no principal stmcture, except that the City in its subdivision approval may grant a <br />finite time period in which the oversized accessory structure may remain without a <br />principal stmcture, in order that a principal stmcture may be constmcted. At the end <br />of this time period the oversized accessory stmcture must be removed if no principal <br />stmcture has been constmcted. <br />B. If the property is subdivided, the oversize accessory stmcture and principal stmcture <br />wall be located together within a lot that meets the minimum lot area requirement for <br />the given size of accessory building. <br />C. In subdivision approval, the setback required for the oversize accessory stmcture as <br />defined herein shall remain. <br />Such covenant shall be binding on current and future property owners and shall be filed in <br />the chain of title of the property.