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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, August 18, 2003 <br /> 6:00 o'clock p.m. <br /> (#11 #03-2933 GARY NECE ON BEHALF OF ROBERT AND BRENDA <br /> MACDONALD, Continued) <br /> 4. Hardcover variance to allow 35% hardcover in the 75-250' zone to continue with the <br /> additional hardcover being added in the 250-500' zone. <br /> Waataja noted that after review of the application it was determined that a conditional use <br /> permit would also be required for the non-rental guest apartment above the existing <br /> attached garage. This is because the improvements include separate bathroom and kitchen <br /> facilities. Further review revealed that the property is currently over in hardcover in the 75- <br /> 250' zone. The proposal only adds hardcover to the 250-500' zone within the limits <br /> allowed by the Zoning Ordinance. Because hardcover is being added to the property, the <br /> whole property comes into play for hardcover review. <br /> Since the applicants are proposing to construct a detached three car garage with an attached <br /> entertainment room including bathroom facilities, Waataja stated that this requires a <br /> conditional use permit for plumbing in an accessory building so it can be reviewed against <br /> the following conditions listed in the Zoning Ordinance: <br /> 1. The Council finds that the proposed use of the accessory structure with plumbing <br /> will not be detrimental to the residential character of the neighborhood. <br /> 2. The Council finds that the plumbing fixtures proposed are in keeping with the <br /> intended use of the accessory building. <br /> 3. The property is 2.0 acres in area or larger. <br /> 4. The accessory building is conforming in location, size and height. <br /> 5. The property owner agrees to the filing of a covenant in the title of the property <br /> providing that: <br /> a. The accessory building will not be used for a home occupation unless <br /> specifically approved by the City or if allowed by City Code. <br /> b. The accessory building will not be used as a dwelling unless a guest house <br /> CUP is obtained. <br /> c. The accessory building will not be rented, leased or otherwise provided for <br /> use as a dwelling under any circumstances. <br /> The proposal meets all of the above requirements; therefore staff is recommending <br /> approval of a conditional use permit to allow plumbing in the proposed detached <br /> garage/entertainment room. <br /> Waataja continued,noting that the applicant is also proposing to remodel the existing guest <br /> suite above the existing attached garage. This includes adding a toilet room, closets, and <br /> kitchen facilities which also requires a conditional use permit for a non-rental guest <br /> apartment due to its ability to be used as a full time apartment. <br /> PAGE 17 of 30 <br />