03-18-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 18,2002 6:30 o'clock p.m. (#9) #02-2758 ROBERT D.PIEPER,3995 NORTH SHORE DRIVE,AFTER-THE-FACT CONDITIONAL USE PERMIT,7:53 p.m.—8:13 p.m. Eric Vogstrom,Builder, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant has recently constructed a new home on the project that was previously known as Sandy Beach Resort. In August, 2001,a building permit was issued for the construction of a new residence. In February and March,2002,the residence was part of the 2002 Spring Parade of Homes tour. This particular residence was highlighted on Channel 5 one morning. Bottenberg stated the City's building official happened to be watching the show and listened to the description of the home. It was later determined by the building official that the plans do not indicate a mother-in-law apartment,which requires a conditional use permit and building permit. Bottenberg stated the Applicant was notified of the problem,who then promptly applied for a conditional use permit. Bottenberg stated the apartment is located above the garage and appears to be part of the house. There is access to the apartment from a door through the garage, an outside door, and a door inside the residence. Bottenberg noted the property is sewered. Bottenberg stated the Planning Commission should look at the number of access points into the apartment and whether the outside door is a problem. Bottenberg stated a restrictive covenant should be recorded on the chain of title stating the apartment is within the principal residence and is for use by occupants of the principal residence. Vogstrom stated it was never the intention of the property owner for this apartment to become rental property,noting the property owner merely decided to avoid the mess of finishing off this area later and instead do it in conjunction with the rest of the project. Vogstrom stated the apartment consists of two bedrooms along with a kitchen,bar area, and living room. Smith inquired whether there is an access door inside the residence. Vogstrom stated there is. Berg inquired what the kitchen consists of. Vogstrom stated it has a microwave, stove, sink, and refrigerator. Vogstrum stated there also is a kitchen located in the main residence. Smith inquired how it happened that a permit was not obtained for the apartment. Weinberger stated the original plans showed that this area would not be finished off and was not part of the original permit. Vogstrom stated the property owner decided to finish the apartment and the permit was overlooked. PAGE 12