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Staff recommends Planning Commission consider the following if they wish to approve the <br />application: <br />• There is an entrance to the guest apartment through the garage which would be shared by <br />both occupants. This access is not through the living quarters of the main unit. <br />• The exit from the second unit is needed for emergency egress. <br />• Currently there is a construction driveway to the second unit that the applicant intends to <br />remove. <br />• Construction has already begun on the basement remodeling. <br />Staff recommends the Planning Commission consider the following if they wish to deny the <br />application: <br />Since there is no direct access to the guest apartment through the principal living quarters, <br />as the full intent of the zoning code has not been met. <br />The location of the staircase entrance to the guest apartment lends itself to the possibility of <br />a barrier being constructed to separate this part of the garage from the rest of the residence <br />and being used as an entirely separate dwelling unit. However, the main unit would most <br />likely continue need storage space in the existing basement. <br />If the conditional use permit is denied, state law allows the granting of a variance to allow <br />the temporary use of a one family dwelling as a two family dwelling. This provision under <br />state statutes has not been used in Orono to the best of Staffs knowledge. The state law does <br />not include criteria for unit design and does not define "temporary". <br />Attachments: <br />Application <br />Plat Map <br />Location Map <br />Topographic Map <br />Permit Record <br />Property Owners List <br />Survey <br />Staff Sketch of Garage Layout <br />Guest Apartment Floor Plan <br />Elevation Drawing-North Side of Residence <br />Applicant's Conditional Use Permit Request <br />C N Ostrom on behalf of Jeanne Mithun <br />755 Ferndale Avenue Sorih <br />Conditional Use Permit <br />1/15/98 <br />Page}