10-10-2016 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o'clock p.m. 6. #16-3864 PETER ESKUCHE ON BEHALF OF GRAHAM MERRY, 500 WILLOW DRIVE SOUTH, VARIANCE AND CONDITIONAL USE PERMIT, 6:43 P.M. — 6:49 P.M. Peter Eskuche, Applicant, was present. Curtis stated the owners of the property at 500 Willow Drive South wish to construct a new residence and guest house on the property. The property is within the two -acre RR -1B zoning district and is just over 4.0 acres in area. Therefore a guest house is permitted via the guest house conditional use permit. The owners wish to construct the guest house prior to construction of the main residence and have planned to construct the main residence farther from the street than the guest house. Therefore, in addition to the conditional use permit for the guest house use, the applicants are requesting a variance to allow the guest house streetward of the principal structure.. Because the guest house is proposed to have an approximate 1,450 square foot footprint, it is considered to be an oversized accessory structure. The property is over 4.0 acres and is permitted one oversized accessory structure up to 1,600 square feet. An OAS must meet principal structure setbacks. The property has been tested and viable septic sites have been located. The applicant is still developing a final plan to be reviewed by the building official. The Planning Commission may choose to review the practical difficulty criteria contained in Staff's report. Staff find the criteria permitting a guest house conditional use permit have been satisfied. Regarding the variance for the location of the guest house to be closer to the street than the principal structure, Staff finds that the location of the guest house makes sense. While technically the proposed use for the undeveloped property can be accomplished in keeping with the Code, the location shown is potentially the least impactful to adjacent neighbors. A list of signatures of supporting neighbors as well as supporting comments from both of the adjacent neighbors have been provided and have been included in the Planning Commission packet. In accepting this conditional use permit, the property owner will be required to agree to the filing of a covenant in the title of the property providing that the accessory building will not be: Used for a home occupation unless specifically approved by the City or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. The Planning Commission may consider the following motions: Approval of the conditional use permit for the guest house and variance permitting the guest house in the location proposed. 2. Approval of the conditional use permit for the guest house; denial of the setback variance. 3. Denial of the conditional use permit and variance.