01/20/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 20, 2004 6:00 o'clock p.m. (#04-2976 JAMES AND JUDITH PIERPONT, 1801 WEST FARM ROAD, CONDITIONAL USE PERMIT—Continued) rearrangement approval on successfully obtaining a CUP for Plumbing in an Accessory Building, with the understanding that the kitchen in the guest house would have to be removed. Because the City will not accept continuation of the Guest House use without 4.0 acres of dry buildable land, applicant has chosen to pursue a Plumbing in Accessory Building CUP. Discussions at the Council level established that removal of the kitchen facilities from the existing guest house structure would be required, but the plumbing would be allowed to remain subject to applicant successfully obtaining a CUP. The lot line rearrangement approval does not take effect until the Plumbing in Accessory Building CUP is obtained. Gaffron pointed out that 1801 West Farm Road has been confirmed to have a site for construction of a 5-bedroom mound system should the need arise to replace the existing system serving the house and accessory building. However, the City Council has received and acted on a petition by this neighborhood for municipal sewer, and it is anticipated that the property will be served by municipal sewer in the relatively near future. While the accessory building is conforming as to height, it is nonconforming as to size and location. The structure consists of two buildings - an old stable and a newer garage, connected by a circular room. The total square footage is approximately 1075 s.f., which would place this building into the category of an `oversize accessory structure' subject to principal structure setbacks (50' front, 30' side) and not nearer the street than the principal residence structure. However, this building is located approximately 49' from the cul-de- sac where a 50' setback would be required, and it sits between the house and the street. Further, its location ranges from 1.5'to 6' from the north side lot line. Gaffron indicated that the building today is screened from the north by vegetation existing on the adjacent property. Staff believes the neighborhood visual impact today is as minimal as it was in 1990. Gaffron stated that it is assumed that the property owner will agree to the covenant requirements, including: -the building will not be used for a home occupation; - the building will not be used as a dwelling; and -building will not be rented, leased or otherwise provided for use as a dwelling. In order to approve the CUP, Gaffron explained that the Council must make the following two findings: - the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. PAGE 37 of 53