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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,July 15,2013 <br /> 6:30 o'clock p.m. <br /> consider purchasing the property. The Council referred the matter to the Park Commission and there is no <br /> further action indicated in the City's records. <br /> Gaffron continued that in 1978,the City processed a formal variance request by Arthur Heintz requesting <br /> lot area, lot width, lakeshore setback and hardcover variances. That application was denied per the <br /> findings of Resolution No. 885 dated March 16, 1978. Within a week following the variance denial <br /> resolution,the City received a petition from three neighbors requesting abatement of a nuisance, <br /> specifically the garage that was in poor condition located on the property. The City followed up with <br /> approval of a hazardous building resolution on April 13, 1978. On that same date the Council denied the <br /> applicant the ability to construct a dock, noting that a variance would be required since City Code does <br /> not allow docks on a property without a principal structure. The dilapidated garage was eventually <br /> removed in 1981 and the lot has been vacant ever since. In 1983, a dock was being installed by owner <br /> Pfeffer and he was ordered to cease installation. <br /> Gaffron stated that the property currently exists as a Lot of Record and is located in the Shoreland <br /> District. He noted that if there was a house on the property currently,the owner could rebuild it in kind. <br /> In kind means exactly what exists in size,height, and location. A house has not been located on the <br /> property for at least 65 years. Buildability of lots is regulated under Orono Zoning Code Section 78-72. <br /> A lot meeting the criteria of 78-72(b)(1),which does not meet the requirements of the zoning chapter as <br /> to area or width only,may be utilized for single-family detached dwelling purposes without Council <br /> approval if all other requirements of the underlying zoning district are met, including but not limited to <br /> required yards, setbacks, lot coverage by structures,hardcover, et cetera. Based on the survey provided <br /> and the house proposed, development of the property will not meet all pertinent zoning requirements and <br /> a variance application has been filed. <br /> In reviewing the site development parameters for this zone, Gaffron noted that it is apparent that this lot is <br /> substandard not only in relation to City Code since it would require 140 feet of width and an acre,but also <br /> as compared to the surrounding neighborhood. The existing lot is less than one-fourth of an acre and is <br /> 83 feet in defined width. Because this is a lakeshore lot,the width is measured parallel to the shoreline <br /> and not along the side street. No additional land is available to increase the size of the property. Other <br /> lots in the neighborhood average 1.01 acres and range from 0.56 acre to 1.79 acres. The City has <br /> generally denied lot area variances for vacant lots less than 10,000 square feet. <br /> Gaffron noted this lot is also subject to lakeshore setback. While no lake setback variance is requested at <br /> this time, in meeting the 75-foot lakeshore setback requirement,placement of even a small residence as <br /> proposed would require a substantial rear setback variance. The house is proposed to be located 12.9 feet <br /> from the rear lot line where a 30-foot setback is required. This results in a separation from the <br /> neighboring residence at 1555 Orchard Beach Place of approximately 40 feet. That neighboring home is <br /> directly uphill from the proposed house and drainage from that home naturally flows directly toward the <br /> proposed house. <br /> In addition,the proposed house would be located 25.4 feet from the side street lot line where a 35-foot <br /> setback is required. As proposed,the garage would be a tuck-under facing the street. The right-of-way of <br /> Orchard Beach Place is 60 feet in width and the paved road is approximately 18 to 20 feet from the lot <br /> line. The code requirement for detached garages is 30 feet. While the proposed tuck-under garage is not <br /> an accessory structure,the principle of maintaining adequate room and street separation on the property <br /> for parking will be somewhat compromised. <br /> Page 9 of 23 <br />