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• <br /> MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, May 19, 2003 <br /> 6:00 o'clock p.m. <br /> (#9 #03-2896 BRUCE BOEDER ON BEHALF OF FRANCISCUS BASTIAENS, <br /> Continued) <br /> new principal residence. This would require a Guest House CUP approval, and a variance <br /> to the lot area requirement. The building permit was issued subject to an agreement <br /> requiring applicant to remove the old house within 30 days after issuance of a C.O. for the <br /> new house if the CUP is not approved. <br /> Gaffron reviewed the fact that, Orono ordinances do not allow a detached second dwelling <br /> unit to remain in place on the property after construction of a new principle structure, <br /> except and unless a Guest House Conditional Use Permit is approved by the City Council. <br /> Since by definition the parcel is a corner lot, the north lot line of the property is considered <br /> as the front lot line, and the east lot line abutting the right-of-way of Ferndale Road North <br /> is considered the side street lot line. Gaffron explained that the applicant wishes to <br /> continue to use the existing driveway access to North Ferndale Road during the duration of <br /> the temporary CUP, although the new home accesses the private road informally known as <br /> `Lydiard Road' to the north of the property. For the 24-month period staff would not <br /> oppose this plan. <br /> After review of the existing septic system, it was deemed that the septic serving the old <br /> house is functional but non-compliant with the 3' separation from seasonal saturation rule, <br /> and under City codes would normally have to be replaced by the end of December 2010. <br /> However, the drainfield for the old system is minimal at best and is close to the foundation <br /> of the new house. Having discussed this matter with Septic Systems Inspector Matt <br /> Bolterman, it is staff's recommendation that the old house sewer line be connected to the <br /> new house septic system during the temporary continued use of the old house. <br /> With regard to the lot area variance, Gaffron pointed out that the City has consistently <br /> ruled that the language `All regular lot requirements shall be met by the guest house' <br /> means that the lot area must be 200% of the zoning district standard area; i.e. for the <br /> 2-acre zone the lot area must be 4 acres. The applicant's old house is about 35' from the <br /> new house, hence the property could not be subdivided to allow both houses a 30' side <br /> setback; furthermore, the lot is only 2.3 acres, so no subdivision is feasible. <br /> After reviewing the issues for consideration, Gaffron stated that staff recommends <br /> approval of a temporary guest house CUP and lot area variance for same, subject to the <br /> following conditions: <br /> 1. The guest house shall be used and occupied by persons who would otherwise use <br /> the primary residence on the property, such as domestic help, guests and relatives. <br /> 2. The guest house shall not be used as a rental unit and will not be used for a home <br /> occupation except to the extent that such use may be allowed by City code. <br /> PAGE 29 of 39 <br />