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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, September 15, 2003 <br /> 6:00 o'clock p.m. <br /> (#6) #03-2929 JEFF MARTINEAU, 2565 NORTH SHORE DRIVE, CONDITIONAL <br /> USE PERMIT, 6:40—7:24 P.M. <br /> Jeff Martineau, the Applicant, was present. <br /> Gaffron explained that the applicant requests a Conditional Use Permit for plumbing in an <br /> accessory structure, to allow installation of a half bath(toilet, sink and shower) in a <br /> proposed detached garage with upper level exercise and sitting room. The proposed plans <br /> include a kitchenette with range, sink and refrigerator, and could easily function as a small <br /> guest house as designed. However, the property does not contain adequate acreage for a <br /> guest house CUP (would need 4 acres in this 2-acre zone). <br /> The proposed structure and its associated driveway are all within the 75-250'zone. This <br /> building will replace a smaller existing storage building located northeast of the house. <br /> Significant portions of the existing residence are within the 0-75' zone. The new accessory <br /> building and driveway would increase hardcover beyond the hardcover allotment for the <br /> property absent any removals. Applicant has submitted a hardcover removal plan that <br /> would result in the overall hardcover limit on the property being met, so that no hardcover <br /> variance is required. The structure will meet all pertinent setbacks. <br /> Gaffron indicated that the applicant proposes to construct a detached 844 s.f. 2-stall garage <br /> with adjacent shop area, and a second level with a sitting room, exercise room, screen <br /> porch plus half-bath and kitchenette (range, sink and refrigerator). As depicted in the plans, <br /> the proposed structure contains all the features that would make it functional as a guest <br /> house. However, the property is in a 2-acre zone and is only 1.5 acres in area, so it does <br /> not qualify for a Guest House CUP which requires double the zoning district acreage, or 4 <br /> acres. Gaffron noted that the applicant has indicated he is willing to remove elements of <br /> the kitchenette necessary to disqualify this as a guest house. <br /> The criteria or conditions for a CUP for accessory structure plumbing include: <br /> 1. The Council must find that the proposed use of the accessory structure with <br /> plumbing will not be detrimental to the residential character of the neighborhood. <br /> 2. The Council must find that the plumbing fixtures proposed are in keeping with the <br /> intended use of the accessory building. <br /> 3. The property must be 2.0 acres in area or larger. <br /> 4. The accessory building must be conforming in location, size and height. <br /> 5. The property owner must agree to the filing of a covenant in the title of the <br /> property providing that: <br /> a. the accessory building will not be used for a home occupation unless <br /> specifically approved by City or if allowed by City code. <br /> b. the accessory building will not be used as a dwelling unless a guest <br /> house CUP is obtained. <br /> c. the accessory building will not be rented, leased or otherwise <br /> provided for use as a dwelling under any circumstances. <br /> PAGE 5 of 25 <br />