03-08-2004 Council Minutes - Laserfiche WebLink

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I� U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. If the sink rises to the level as being deemed a kitchen facility, Sansevere stated that, unfortunately, he must side with staff, though he was uncomfortable calling the Pierpont's sink and cooktop a kitchen. McMillan stated that it is also the paperwork trail which is important as the enforcement tool within the CUP. She noted that a future owner might see fit to use the guest house as a permanent facility. Gaffron agreed that if a guest house rises to the use of a dwelling unit the trail allows the City to enforce the Code. Mr. Pierpont indicated that there are several elements within his estate which were deeded as part of his property, including lake access via his property for his neighbors use and a driveway easement for his other neighbor. He suggested that the City establish a covenant with him that says that he won't use this as a guest house. Sansevere asked if this was possible. Gaffron stated that, potentially, the City could establish a covenant with the Pierpont's which would give the City something to enforce if the use was misused. Attorney Barrett interjected that a covenant could be created with any landowner; however, this • would, in essence, be like amending the Code ` willy nilly' without adequate examination. He noted that this could be setting up a precedent inviting other landowners to come forward to request CUP's for guest houses also. • Murphy asked if a covenant would go with the property in perpetuity. Gaffron indicated that covenants remain with the property. Murphy questioned whether the use of a covenant could limit the future use of the guest house in the future. Moorse noted that, if the City had to enforce the guest house rules, the covenant would make it easier to do so. By acknowledging that, if the City found the resident to be using the facility in an unapproved way, the City could come in and force the property owner to remove the plumbing. Murphy asked what would be required of the Pierpont's if they were denied their request. Gaffron stated that the inspector would return to the property to inspect and make sure the expectation of plumbing removals has been met. Pierpont suggested he be limited to a certain number of drains. Gaffron stated that the applicant can be allowed a tub, sink, and toilet. Pierpont stated that he did not wish to rip out the pipes and existing flooring etc. PAGE 10 of 16