01-17-2001 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Wednesday, January 17, 2001 (#2649 Charles Leekley, Continued) that they need to act on what is being presented before them tonight. Kluth stated if the Applicant wished to look at his other options,the Planning Commission could table the matter for a month. Wendt indicated she would like to proceed forward. Leekley indicated he would also like to proceed forward with the proposed plan. Mabusch moved, Kluth seconded,to recommend approval of Application #2649, Charles Leekley, 1525 Long Lake Boulevard, granting of variances to the front and side property setbacks to allow the construction of a two level, two stall garage. VOTE: Ayes 4, Nays 0. (#11) #2650 KRISTEN AND PATRICK BURTON, 2601 RAINEY ROAD, VARIANCE, CONDITIONAL USE PERMIT,9:55 p.m.— 10:22 p.m. Dick Peterson, Attorney-at-Law, Herb Baldwin, Landscape Architect, and Bill Huntres, Architect, were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants have filed a conditional use permit application to permit a guest house. The lot consists of 13.8 acres, with 5.25 acres that is considered dry buildable land. The lot currently is vacant. The Applicants are requesting to build the guest house prior to beginning construction of the principal residence. Upon completion of the guest house, construction of the primary residence would begin. Both residences are considered dwelling units, with the guest house potentially serving as a principal residence. Weinberger stated the Planning Commission did review this application a couple of months ago, with the City Council approving construction of the driveway. The Applicants have obtained a MCWD permit which allows them to access the property and to fill in a wetland area on the site. The driveway arrangements and the grading have already been approved by the City and the Watershed District at this point. Weinberger stated the land furthest to the east is where the guest house would be constructed. Staff does not have an issue with the guest house since it would be considered a dwelling unit and could be used as a principal residence should the other residence not be constructed. The City currently allows guest houses as a conditional use permit. A condition of approval would be that the property owner file a restrictive covenant on the property that states the guest house will only be used and occupied by persons who would otherwise be expected to live in the primary residence on the property. That covenant would be recorded on the chain of title of the property should the conditional use permit be approved. Weinberger stated the two proposed residences do meet all the required setbacks for properties in the two acre district and setbacks to the septic areas. PAGE 22