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08-20-2012 Planning Commission Packet
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08-20-2012 Planning Commission Packet
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S , <br /> FILE#12-3569 <br /> 14 August 2012 <br /> Page 3 of 3 <br /> 12. Not cause excessive non-residential traffic on residential streets, parking needs that <br /> cause a demonstrable inconvenience to adjoining properties, traffic congestion, or <br /> unsafe access; <br /> � 13. Designed to take into account the natural, scenic, and historic features of the area and <br /> to minimize environmental impact; <br /> 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public <br /> right-of-way or neighboring residential uses or�districts;and <br /> 15. Not detrimental to the public health, public safety,or general welfare. ` <br /> Discussion <br /> The non-rental guest apartment provisions in the zoning code allow for two types of guest <br /> apartments: an apartment with a door to the outside and an apartment without a door to the <br /> outside. The non-rental guest apartments in Orono homes are used any number of ways for <br /> example, as a true "mother-in-law apartment" for parents/grandparents; as an apartment for <br /> domestic employees;or as private quarters for short-term guests. According to the zoning code, <br /> a guest apartment must be physically connected to the home and access to the apartment in all <br /> cases must be primarily through the principal structure and not via a separate "front door". If <br /> an additional door is provided�which accesses directly to the outside of'the home a conditional <br /> use permit is required. <br /> Prior to applying for a building permit, the applicant approached Planning staff with questions <br /> regarding the design of the proposed home which included a guest apartment for extended <br /> family. The home's design is a walk-out rambler with 4 garage stalls. Upon review of the <br /> proposed plans planning staff felt the design did not conform to the traditional guest apartment <br /> layout in that the home appeared to be a duplex. The property is zoned for a single family <br /> dwelling and duplex is not permitted. Staff urged the applicant to redesign to eliminate the <br /> � "duplex feel".As a result,the applicant provided modifications to the design to better define the <br /> spaces and the intent. This is the plan attached as`Exhibit C. Due to the proposed exterior patio <br /> door at the rear of the home a conditional use permit is still required. <br /> � The property and proposed home are conforming to the zoning district requirements for lot <br /> area, lot width and setbacks. The City's septic manager will review and must approve the <br /> proposed septic design for the proposed home which includes all bedrooms (and the guest <br /> apartment) prior to issuance of a building permit. The owner will be required to follow the <br /> covenants outlined for the guest apartment as part of the CUP approval. <br /> Issues for Consideration <br /> Does the Planning Commission identify any issues or concerns with this application? <br /> • Staff Recommendation � <br /> Planning Staff finds the proposed guest apartment meets the 15 conditions outlined in City Code <br /> Section 78-916 regarding issuance of conditional use permits. Staff recommends approval of <br /> the CUP for the proposed guest apartment subject to the following conditions: the service door <br /> between the garage and the guest apartment must be completely eliminated; the guest <br /> apartment shall be utilized solely for non-paying guests or domestic employees; the guest <br /> apartment shall not be addressed separately from the principal residence; and the guest <br /> . apartment shall not have separate utilities. <br />
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