03-08-2004 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • Gaffron offered three options for consideration: 1. Approve the plumbing in accessory building CUP and require removal of kitchen sink and any other kitchen facilities, require standard covenant execution. 2. Approve the plumbing in accessory building CUP and require removal of all kitchen facilities, and allow the kitchen sink to remain merely as a basin, not as a source of water, by removing its supportive plumbing, require standard covenant execution. 3. Table the application, direct the Planning Commission to make a recommendation regarding a potential code amendment and clarification that would clearly establish CUP standards for various levels of use, based on the applicants' intended levels of use rather than on the extent of facilities provided. • Gaffron reminded the Council that the Code does little to distinguish between the occasional guest use versus the permanent caretaker facility. He noted that the differentiation could be between minimal or total use as the rule distinguishing guest houses. Murphy asked how much time and effort had been devoted to this particular issue. Gaffron pointed out that the Planning Commission has discussed this issue over the past 2 -3 years and found reasonable use would be to allow plumbing for a bathroom for other than dwelling use. Murphy asked if the City could differentiate between periodic visitors versus guest house situations. Gaffron stated that guest house residents have other implications on parking and traffic. In an effort to determine what it would take to turn the guest house into a residence, staff and the Planning Commission found the kitchen facility to be the delineating difference, a kitchen sink, stove and refrigerator. Murphy commented that he found it philosophically difficult to punish people, like the Pierpont's, for being able to potentially use the facility wrong. This presupposes that they will go against the rules and use the facility as it was not intended. Mayor Peterson pointed out that none of this would be an issue today, had the Pierpont's combined the two lots as they were directed to do in 1990. Gaffron noted that, had they been combined, the City would not be faced with this subdivision, because the original guest house CUP was approved subject to combination. Sansevere maintained that he had stayed in a hotel room recently that housed the same kitchen amenities as this guest house and he would not consider it to be a residence. McMillan pointed out that, nonetheless, this is kitchen capable. She stated that Code denotes, even with a substandard kitchen, this is kitchen capable to support guests and is the only way the City can enforce the Code is via the kitchen. Gaffron stated that the sink outside the bathroom, makes it a kitchen. PAGE 9of16