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. (#02-2758 Robert Pieper,Continued) Vogstrom stated they were informed of the need for the permit at the time the building official inspected the project prior to issuing a final occupancy permit. There were no public comments relating to this application. Smith inquired whether the apartment as it exists today meets the regulations for an apartment inside a principal residence. Weinberger stated it does. Smith inquired what happens if a lock goes on that door leading to the apartment from inside the residence. Weinberger stated a second address will not be allowed for the unit and separate meters would also be prohibited. Hawn inquired how many access points there are to the apartment. Vogstrom stated there are two access points,with no access off the deck. Mabusth inquired whether this is being treated as an after-the-fact application. Weinberger stated the building permit would be considered after-the-fact. Weinberger stated the conditional use permit should probably be considered as after-the-fact as well. Weinberger stated the biggest concern with this type of apartment is whether they will be rented out in the future. Mabusth stated once a kitchen is added, it is then considered an apartment. Gaffron stated the issue is whether or not the door leading from the outside is the primary access to this apartment. Gaffron stated the intent of the ordinance is to make the apartment not look like an apartment from the outside and making it difficult for the unit to be rented. Gaffron noted a covenant will 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,with no rental of the apartment being permitted. Gaffron noted the Applicant has met the requirements of the ordinance. Hawn moved, Smith seconded,to recommend approval of Application#02-2758, Robert D.Pieper,3995 North Shore Drive, granting an after-the-fact conditional use permit,with the understanding there will not be a lock installed on the door inside the residence leading to this apartment, and further with the understanding that a restrictive covenant will 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,including their domestic employees or non-paying guests,with no rental of the guest apartment being permitted, and subject to the builder paying after-the-fact penalties. VOTE: Ayes 7,Nays 0. PAGE 13