10/21/2013 Planning Commission Minutes

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MINUTES OF THE ORONO CITY PLANNING COMMISSION Monday,October 21,2013 6:30 o'clock p.m. Leskinen indicated she has no issues with the application. Schoenzeit moved,Thiesse seconded,to recommend approval of Application No. 13-3635,Dale Peterson and Gail Ledstrom,3515 and 3465 Sixth Avenue North,vacation of Rocky Knoll Drive, and to recommend cross-easement be required. VOTE: Ayes 7,Nays 0. 8. #13-3636 LIXIAO WANG,3059 FARVIEW LANE,VARIANCES,8:21 P.M.—8:38 P.M. Lixiao Wang, Applicant,was present. Curtis stated the applicant is requesting variances in order to construct a 12' x 34' one-level garage addition to the home. The applicant recently purchased the subject property and wishes to make some structural additions to better accommodate vehicle parking. Curtis noted there is a small portion of the southwest side of the home that currently encroaches into the 75-fot setback. The retaining walls located at the entry and the northeast corner of the home currently encroach into the required 30-foot setback. The applicant's home is situated entirely ahead of the average lakeshore setback line. The garage addition is proposed to be constructed over existing driveway hardcover resulting in 36 square feet of additional hardcover for 11.8 percent total for the site where 25 percent is allowed. The proposed garage addition at 19.7 feet will encroach ten feet into the required 30-foot side yard setback. The garage portion of the home currently meets this setback. The existing retaining wall and access stair are set back only 13 feet from the side lot line and a corner of the home also encroaches 1.4 feet into the side setback area. The proposed garage addition is to be constructed by extending the lakeside wall of the home toward the east. Due to the angle of the home and the lakeshore,the resulting setback for the addition will be 72.1 feet from the lake where a 75-foot setback is required. Approximately 42 square feet of additional structure within the 75-foot setback is proposed. Due to the large wetland on the property,the entire home is situated ahead of the average lakeshore setback. Curtis stated it seems apparent that the additions or modifications that were done over the years were done in an attempt to be respectful of the side yard setback and lake. The proposed addition results in more massing within the east side yard setback area and within the average lakeshore setback, which may impact views of the lake currently enjoyed by the adjacent owner. Staff finds that the applicant has failed to demonstrate a reasonable practical difficulty supporting additional structure within the 75-foot setback area. In addition,the applicant has failed to demonstrate that enforcing the provisions of the Zoning Ordinance would deprive them of the reasonable use of the property. For these reasons,Planning Staff recommends denial of the variances. Andy Schrader, Schrader&Companies, stated he is here to answer any questions the Planning Commission may have. Lixiao Wang stated the current structure is 18 feet deep and was built many years ago. Wang indicated the garage does not accommodate their vehicles and that he has to leave his truck and SUV outside. Wang stated he also owns three cars and that he only has a two-car garage. Wang stated those are the Page 20 of 42