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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 5 of 11 6. #12-3569 MILLS CONSTRUCTION, LLC, ON BEHALF OF JASON WILSEY, 990 NORTH SHORE DRIVE WEST- CONDITIONAL USE PERMIT - RESOLUTION NO. 6163 Chris Janssen, Mills Construction, and Jason Wilsey, Applicant, were present. Curtis stated the owner would like to construct a guest apartment within the proposed home to function as a private space for visiting family. Because the guest apartment is proposed to have its own separate exterior door, a conditional use permit is required. The non-rental guest apartment provisions in the zoning code allow for two types of guest apartments: an apartment with a door to the outside and an apartment without a door to the outside. According to the zoning code, a guest apartment must be physically connected to the home and access to the apartment in all cases must be primarily through the principal structure and not via a separate front door. If an additional door is provided which accesses directly to the outside of the home, a conditional use permit is required. Curtis stated there will be a door as shown connecting the guest apartment to the principal structure through the office area. Staff is recommending the service door from the garage be eliminated for the guest apartment. The applicant expressed a concern that elimination of that door would cut off access from the guest apartment to the storm cellar in the garage. On August 20, 2012, the Planning Commission determined that the proposed guest apartment conforms to the conditional use permitting parameters outlined within City code Section 78-916 and voted 7 to 0 to recommend approval consistent with Staff's recommendation, which included removal of the service door. Planning Staff recommends approval of the CUP for the guest apartment subject to the following conditions: 1. The service door between the garage and the guest apartment must be completely eliminated; 2. The guest apartment shall be utilized solely for non-paying guests or domestic employees; 3. The guest apartment shall not be addressed separately from the principal residence; and 4. The guest apartment shall not have separate utilities. Curtis stated she spoke with the building inspector and he indicated that there is no building code that requires that service door. Staff has determined there is adequate access from the garage into the principal primary residence and that the guest apartment can access the basement through the principal residence. Franchot asked why the service door should be eliminated. Curtis stated the purpose of the code is to prohibit the creation of a duplex. It is easy for someone to cut a door through a wall and it is also easy to construct a wall separating the two garage sections. The concern is that this is maintained as a single-family dwelling. Item #03 - CC Agenda - 09/10/2012 Approval of Council Minutes 08/27/2012 [Page 5 of 11]