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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 /> Rahn agreed that once the certificate of occupancy was granted, the City would lose its <br /> leverage. <br /> Gaffron indicated that the guest house can require a CUP. <br /> Rahn questioned what conditions the City could attach to the CUP, suggesting they require <br /> an escrow of funds to ensure the removals take place. <br /> Boeder stated that they would be willing to post a bond or make a deposit of some kind. <br /> Mrs. Bastiaens pointed out that, although they own 6 acres, they were unable to subdivide <br /> the property due to easements and the corner lot location near Ferndale and Lydiard. <br /> Gaffron indicated that it was the applicants' intent to subdivide their property into three <br /> parcels; however, due to ROW's, Lydiard, and easements, the applicant's lot was <br /> significantly reduced down to its usable 2 acre form. <br /> Bremer stated that, as long as a sunset provision and escrow were required, she would be <br /> comfortable recommending approval of the application. She asked if the applicants could <br /> retain the accessory buildings after the two year period if they removed the plumbing from <br /> them. <br /> Gaffron stated that they could retain the accessory space without plumbing. He questioned <br /> whether the City was getting a better bargain by obtaining a contract with the applicant that <br /> they will remove the space after two years. <br /> Mrs. Bastiaens stated that she would be willing to sign a contract to remove the buildings <br /> after two years. <br /> Gaffron believed the escrow would provide the city with adequate leverage. <br /> Hawn and Rahn indicated that they could not find adequate hardship to support the <br /> application and were concerned with setting a precedent. <br /> Zugschwert stated that she would find hardship, due to the fact that the City's easements <br /> and ROW's infringed upon their usable property or ability to subdivide. <br /> Bremer reiterated that she could support the application with the escrow and sunset date <br /> clause. <br /> PAGE 31 of 39 <br />