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