09-08-1986 Council Packet - Laserfiche WebLink

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To: Orono Council. Members From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: August 5, 1986 Subject: #1042 Thomas Maxwell, 3685-3725 Watertown Road - Conditional Use Permit/Variance - Resolution List of Exhibits Exhibit A - Staff Memo and Exhibits of 7/16/86 Exhibit B - Planning Commission Minutes of 7/21/86, 6/16/86 Exhibit C - Notice to Applicant of 7/24/86 Exhibit D - Proposed Pesolution This is a request to combine 2 parcels of property totaling just under 10 acres in the 5 acre zone, into one property with the second existing residence to become a guest house. The combination will allow the repair or replacement of an existing horse barn which now straddles the divi?ing line between the two lots. Please review the memo and exhibits of 7/16/86. The Planning Commission reviewed this request at their June meeting and suggested to the applicant. that, rather than requesting a "setback variance" for the barn (which was found to be over the line -nly after the survey arrived just prior to the June meeting., that the properties be combined. Staff feels that the Conditional Use Permit/Guest House/Lot Combination scenario makes more sense than a barn setback variance because: 1. The barn is already over the line, a "zero -setback" situation, hence, a setback variance could not be granted realistically. Replacement of the barn would have to be in a new location which would be limited by the existing septic system east anc southeast of the barn. 2. The applicant could not have 6 horses on either of the properties unless they were combined, and his request is for a 6-stall barn. Planning Commis!:ion, at their July meeting, voted 3-3 on a motion to approve '-he Guest House Conditional Use Permit application. 1.1.2 lissenters felt uncomfortatle in creating a situation that woulJ potentially create the need for future variances if the laid was ever divided again. Staff feels that the applicant is fully aware of the potential future consequences, i.e. that a future re -subdivision might be turned down, and applicant has no problem agreeing to the conditions set forth in the attached resolution, which staff recommends be adopted.