07/15/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 15,2013 6:30 o'clock p.m. Gaffron noted the average lakeshore setback requirement for this property is defined by the lake setback of the residence structure on the only adjacent residential lot, which is 1555 Orchard Beach Place,which is approximately 125 feet from the ordinary high water level. Any proposed structure at 1565 would have to be set back 125 feet from the OHWL, which is impossible since the lot is only 110 to 120 feet in depth. In instances where the average lakeshore setback cannot be met, administrative approval may be granted at the discretion of the planning director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. Gaffron noted no evidence has been provided indicating that the adjoining property owner would agree to the approval required for issuance of an administrative average setback variance and development on this lot potentially could obstruct the lake views of the adjacent owner. Gaffron stated that the applicant is proposing a house that covers less than 11 percent of the lot area, meeting the 15 percent structural limit and below the 1500 square foot allotment the code provides for lots less than 10,000 square feet in area. Under the new hardcover tier system, 25 percent of the entire lot area yields just over 2,400 square feet of hardcover allowance. The applicant proposes a house and driveway totaling just under 1,600 square feet of hardcover and no variance is required. In addition,the proposed house appears to meet the City's established height limitations of 30 feet and 2-1/2 stories. However,the plans provided to date are not final construction plans and do not show dimensions. Height limitations will have to be analyzed once final plans are submitted with the building permit. Gaffron noted that the applicant has submitted a practical difficulty statement, and indicated there are a number of criteria that will need to be met in order to be granted a variance: 1. "The property owner in question proposes to use the property in a reasonable manner; however, the proposed use is not permitted by the official controls."Gaffron noted the property owner is proposing to use the property for residential purposes,which is permitted by ordinance. The question is whether the granting of a substantial number and degree of variances for that use is reasonable given the unique site background and characteristics. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." Gaffron indicated the property was platted before existing codes were enacted. While not created by the landowner,this circumstance is not unique, as a majority of the developed lots in the neighborhood were also platted prior to existing codes. 3. "The variance, if granted,will not alter the essential character of the locality." Gaffron noted that while granting of the variances will alter the essential character of the locality is somewhat subjective,there are certain objective factors that should be considered which demonstrate the inconsistency of this proposal with the character of the surrounding neighborhood. These factors include the following: -The property at 0.22 acres is one-fifth the average size of developed residential lots within the immediate neighborhood. -The proposed lakeshore setback at 75 feet is significantly less than the setback of developed lakeshore lots within the immediate neighborhood,which range from 85 feet to 165 feet and average 112 feet. -The proposed street setback of 25.4 feet where a 35-foot setback is required places the Page 10 of 23