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HomeMy WebLinkAbout16-3851 ExD Draft PC Minutes 091920MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o’clock p.m. ____________________________________________________________________________________ ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Bruce Lemke, Denise Leskinen, Chad Olson, Loren Schoenzeit and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Member Lizz Levang was present. Mayor McMillan arrived at 6:55 p.m. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. Chair Thiesse noted Item No. 4 has been removed from tonight’s agenda at the request of the applicants. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 15, 2016 Leskinen moved, Olson seconded, to approve the minutes of the Orono Planning Commission meeting of August 15, 2016, as submitted. VOTE: Ayes 6, Nays 0. 2. #16-3851 PETER BLUTH, 2413 CARMAN STREET, VARIANCE, 6:32 P.M. – 6:35 P.M. Peter Bluth, Applicant, was present. Curtis stated the City Council recently approved variances allowing a second story addition over the existing detached garage, which is a nonconforming oversized accessory structure. There were a number of plan revisions between the initial submission and final plans for approval. In the revision process, the bathroom fixtures originally proposed in the detached garage upstairs were inadvertently removed from the plans. Staff also missed this omission. The applicants do wish to install a half bath in the upper level of the detached garage. An oversized accessory structure must meet a minimum of a 30-foot setback from all property lines. Plumbing may be installed within a conforming accessory building via an administrative plumbing permit, but because the required 30-foot setbacks are not met, a variance is necessary to permit plumbing within the structure. Staff finds that the nonconforming location of the oversized garage constitutes a practical difficulty with respect to making any typical residential improvements such as plumbing. The Planning Commission may wish to discuss the practical difficulty analysis contained in Staff’s report. Staff recommends approval of the variance as requested. Staff would also suggest the applicant apply a recorded covenant which states that the accessory building will not be: 1 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. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o’clock p.m. ____________________________________________________________________________________ 3. 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. Thiesse asked whether the City has a standard form relating to the covenant. Curtis indicated standard language would be included in the language of the resolution. Peter Bluth, Applicant, stated they removed the bathroom due to cost and then put it back in. Bluth stated they would like to improve the functionality of the garage. Thiesse asked if the size of the room is the same. Curtis stated the room size is consistent with what was originally shown but the bathroom fixtures had been removed. Thiesse commented it appears the room is large enough for a bathtub. Thiesse asked if the applicant plans to come back later to request a bathtub. Bluth stated that is just the way the room fits in the building and that he has no intention of putting in a bathtub. Chair Thiesse opened the public hearing at 6:35 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:35 p.m. Schwingler moved, Schoenzeit seconded, to recommend approval of Application No. 16-3851, Peter Bluth, 2413 Carman Street, granting of a setback variance and to allow plumbing within the existing nonconforming oversized accessory structure subject to Staff recommendations. VOTE: Ayes 6, Nays 0. 3. #16-3859 ROBERT GUMNIT AND FRANCES GRAHAM, 1100 OLD CRYSTAL BAY ROAD SOUTH, CONDITIONAL USE PERMIT, 6:36 P.M. – 6:39 P.M. Robert Gumnit, Applicant, was present. Curtis stated the owners of the property would like to modify the existing two-story tack building to include a full bathroom so that it can serve as a caretaker’s quarters. According to the code, it would be considered a guest house. The property consists of over nine acres in area, so therefore a guest house is permitted via a guest house conditional use permit. The lot is considered a lakeshore property. Therefore the location of the tack building between the home and the street is conforming. The guest house would be within the 999 square foot building footprint and the required setbacks are also conforming.