08/18/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2003 6:00 o'clock p.m. (#6#03-2919 KEVIN AND DEBORAH THOMPSON, Continued) only to address fire safety issues but to aid in the goal of limiting visual density and building massing. Gaffron stated that staff finds that the need for a second building for storage is not unreasonable, and the potential locations for such structure are limited because this is a wooded corner lot with hills and wetlands to contend with. The two accessory buildings plus the greenhouse structure attaching them will total 2009 s.f The property is allowed up to 2000 s.f of accessory structures in total,but no individual accessory structure over 1000 s.f. Gaffron indicated that connecting the structures with the proposed greenhouse structure would not strictly be in keeping with the intent of the OAS ordinance, and would potentially have the negative impacts that the ordinance intends to avoid. The proposed pool in either of the two configurations provided is about 900 s.f. of surface area, requiring a minimum setback of 15' from a side or rear lot line,but required to meet a 50' setback from a side street lot line and 10' from other buildings. Staff feels a minimum of 15' setback should be required for the pool. Gaffron stated that the proposed garage would include a toilet/sink/shower, and therefore requires a conditional use permit. He recommended the Planning Commission should ascertain that the apparent multi-purpose functions of this building do not include use as a guest house. If that is the case, approval for a CUP for plumbing in an accessory structure would be appropriate if these findings can be made: 1. That the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. 2. That the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The property is 2.0 acres in area or larger(it is not; it less than 2 acres in area). 4. The accessory building is conforming in location, size and height (variances are requested). 5. The property owner agrees to the filing of a covenant in the title of the property providing that: a. the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code; and b. the accessory building will not be used as a dwelling unless a guest house CUP is obtained; and c. the accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Gaffron stated that staff recommends: a) Approval of the side street setback variance for the 996 s.f accessory building. PAGE 6 of 30