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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,August 20,2012 <br /> . 6:30 o'clock p.m. , <br /> Curtis stated the applicant is requesting a conditional use permit to allow a guest apartment to be <br /> incorporated into the design of the proposed home. The subject property was platted in 2005 and is <br /> located in the RR-1B rural residential zoning district and consists of two acres in area. The property has <br /> been vacant since 2005. The property owner is proposing to construct a new residence on the currently <br /> vacant property. In addition the property owner would like to construct a guest aparhnent within the <br /> proposed home to function as a private space for visiting family. Because the guest apartment is proposed <br /> to have its own separate exterior door, a conditional use permit is required. <br /> The non-rental guest aparhnent provisions in the zoning code allow for two types of guest apartments: an <br /> apartment with a door to the outside and an aparhnent without a door to the outside. According to the <br /> zoning code,a guest aparhnent must be physically connected to the home and access to the aparhnents in <br /> all cases must be primarily through the principal structure and not via a separate"front door." If an <br /> additional door is provided which accesses directly to the outside of the home,a conditional use permit is <br /> required. <br /> Curtis noted plans depicting the correct layout of the proposed home have been distributed tonight. <br /> Prior to applying for a building permit the applicant approached Planning Staff with questions regarding <br /> the design o the proposed home which included a guest apartment for extended family. Upon review of <br /> the proposed plans,Planning Staff felt the design did not conform to the traditional guest aparhnent <br /> layout in that the home appeared to be a duplex. The property is zoned for a single-family dwelling and a <br /> duplex is not permitted. Staff recommended the applicant redesign his plans to eliminate the "duplex <br /> feel." As a result,the applicant has provided modifications to the design to better define the spaces and <br /> the intent. Due to the proposed exterior patio door at the rear of the home, a conditional use permit is still <br /> required. <br /> As the lot exceeds 1.99 acres in area,the structural coverage limitations do not apply. The property is <br /> also located outside of the Shoreland Overlay District so hardcover restrictions do not apply. The City's <br /> septic manager will review and must approve the proposed septic design for the proposed home which <br /> includes all bedrooms and the guest apartment prior to issuance of a building permit. The owner will be <br /> required to follow the covenants outlined for the guest aparhnent as part of the conditional use permit <br /> approval. <br /> Planning Staff finds the proposed guest apartment meets the 15 conditions outlined in City Code Section <br /> 78-916 regarding issuance of conditional use permits. Staff recommends approval of the conditional use <br /> permit for the proposed guest aparhnent subject to the following conditions: the service door between the <br /> garage and the guest aparhnent must be completely eliminated;the guest apartment shall be utilized <br /> solely for non-paying guests or domestic employees;the guest aparhnent shall not be addressed separately <br /> from the principal residence; and the guest apartment shall not have separate utilities. <br /> Schoenzeit asked what recourse the City would have against the property owner if the guest apartment <br /> was ever rented out. <br /> Curtis stated it would become an enforcement issue and the City would need to sue the property owner to <br /> enforce the conditions. Curtis indicated the covenant lays out parameters for how the aparhnent can be <br /> used. <br /> Page 3 <br />