09/15/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2003 6:00 o'clock p.m. (#6 #03-2929 JEFF MARTINEAU, Continued) In an effort to establish grounds for the Planning Commission recommendation, Zugschwert questioned whether the code defined a dwelling or guest house as containing a fridge, microwave/range, and half bath. Gaffron admitted that the terms were not well defined within the existing code, citing the fact that, while the addition of lower level wet bars are allowed uses in homes, accessory buildings are quite another matter. He agreed that the code should be modified to reduce the number of allowable fixtures in a guest house, which in turn, limits use. After meeting with staff, Martineau believed that it was the term `tub' which defined the guest house use from accessory structure use. He indicated that based on discussion this evening, he understands there are further limitations. Chair Smith indicated that the Commission, too, during discussions has found it difficult to determine the difference between a dwelling and accessory structure; however, she felt limitations such as kitchens etc. helped to define those differences. Rahn stated that whether written in the code or not, the Commission could place conditions on the CUP. Hawn stated that,while it was clear to her from this discussion what restrictions the Commission wished to place upon the applicant, she felt a future owner might decide to turn the structure into a guest house. Chair Smith indicated that it was her hope that eliminating the kitchenette would deter this action. Ed Callahan, the southeast neighbor residing at 2545 North Shore Drive, made light of the fact that Mr. Martineau's home has been under continual construction since he moved in. Although Orono is very restrictive, Callahan acknowledged that the applicant is also well versed in City codes and continues to make changes to changes already made. He stated that, while it would presumptuous of him to object to the application, he wished staff would put a note on his own property, as well as the Woodhouse property on the other side of Mr. Martineau, to advise future owners of the ongoing construction chaos. As he pointed out that the Woodhouse property was now on the market and alluded to the fact that he would be doing the same by spring,he urged the city to mandate the applicant not proceed with his work until June of 2004 in order to allow them time to move on. He asked that the applicant be forbid to remove the hardcover until June 2004 to avoid the continual noise of construction as the two neighbors market their homes. Although he felt the applicant had always been very attentive to his property and what is allowed, once again, Callahan asked that no further activity, no prep,no removals, no commotion, be allowed until 6/04. PAGE 7 of 25