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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,September 17,2012 <br /> 6:30 o'clock p.m. <br /> The subject property abuts an undeveloped 20-foot alley right-of-way. As it is a platted, public right-of- <br /> way,the alley is considered a side street for the purpose of measuring setbacks and a 35-foot setback is <br /> required. The applicant is requesting a variance to allow a 10-foot setback from the alley for the home <br /> and a 5-foot setback for the proposed deck. <br /> The existing home is situated as close as three feet to the east side lot line. Due to the narrowness of the <br /> lot and the narrowing of the lot closer to the road,the applicants are requesting a side setback variance of <br /> 6.2 feet from the east lot line. This will allow them to construct their home and garage with a 23-1/2 foot <br /> width. The property's narrow width,when combined with the required side and side street setbacks, only <br /> allow for a long,thin triangular building envelope five feet wide at the widest point. <br /> Staff finds that the applicants propose to use the subject property in a reasonable manner. The subject <br /> property has a very narrow configuration with almost zero legal buildable area. The buildable portion of <br /> the lot consists of a narrow triangular shaped area with a buildable envelope approximately five feet in <br /> width at its largest part. The lot's shape is due to circumstances unique to the subject property not caused <br /> by the landowner. While the proposed home and hardcover does not appear to alter the essential <br /> character of the neighborhood, Staff would suggest that a minimum of a 10-foot setback be imposed <br /> along the western property line abutting the alley. If the Commission is amenable to the reduction of the <br /> alley setback to ten feet or less, Staff suggests it may be appropriate to reduce the proposed deck and <br /> move the home to the west slightly to avoid the encroachment into the eastern property line requested by <br /> the applicants. <br /> Additionally, Staff would suggest the Planning Commission consider requiring a landscape plan on the <br /> applicants' property along the right-of-way which offers screening and delineates the right-of-way from <br /> the subject property. <br /> Staff would suggest the Planning Commission discuss the following issues: <br /> 1. Does the Planning Commission find that the property owner proposes to use the subject property <br /> in a reasonable manner which is not permitted by an official control? Is the level of hardcover <br /> proposed within the 75-250 foot zone reasonable? <br /> 2. Does the Planning Commission find that the variances, if granted, will not alter the essential <br /> character of the neighborhood? <br /> 3. Should the applicants redesign to avoid the encroachment into the 10-foot side yard setback? <br /> 4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts <br /> created by the granting of the requested variances? <br /> 5. Should a landscape plan or vegetative screening be required to clearly define the separation from <br /> the applicants' property and the City right-of-way? <br /> Planning Staff recommends approval of a lot width variance,a lot area variance, and a side street setback <br /> variance resulting in a 10-foot setback from the alley in order to redevelop the subject property. <br /> Additionally, Staff recommends approval of a 75-250 foot zone hardcover variance at a level which does <br /> not exceed 25 percent of the entire lot. <br /> Page 4 <br />