01-16-1996 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 #4 - #2099 Loren Brue emann - Continued) ( gg The Attorney representing Mr. Brueggemann reported that Dean Maeser purchased the property 10 years ago and has mainly used the property commercially with the cabin rental. Proveau said the memo relating the history and problems associated with the property are correctly laid out, but it is his opinion that history needs to come into play, particularly with the 3 lot plat, which is now non - conforming, and how the lots were used. Proveau asked the Commission to deal with the justification for the need for variances. He believes the facts show a reasonable use of the land, and the plan alleviates problems with the current use. Proveau noted that sewering would eliminate the non- conforming septic system. The change in use would bring the property to more conformity as residential. Proveau said the majority of the lot line setbacks would be met as well as most of the code requirements. Proveau said the proposal would allow the owner to make reasonable use of the property. Proveau commented that the proposal would be in character with the neighborhood. He noted the average lot size in the area to be about 3/4 acre. Proveau said there are two sewer stubs installed at the end of the street to which the two new residences could be connected. He took issue with the undue hardship if the City considers the variances. Proveau noted that the statutes allow for variances for reasonable use of a property, and questioned who had the burden of showing reasonable use. He noted the problems were • not created by the applicant, but existed before his purchase of the home, noting the use as a commercial marina years ago. There were no public comments. Hawn said the Council was asked to look at rezoning similar areas and had declined, and chose to deal with particular proposals individually. Hawn also noted that, although there are two sewer stubs, only one is authorized. The Council had looked at the potential of three lots and the non - conforming use over the 10 years and declined the additional sewer units, advising the Planning Commission that there would be a need to find competing reasons to make any changes. Smith asked for clarification on nearby properties where two lots were combined. Gaffron noted in the Bichanich site, a few lots to the north, there were two existing lots with buildings, one without septic. When the two were combined, a side setback variance was required even after creation of a 1.4 acre parcel. That particular proposal was not a rebuild but an addition to existing residence. It was noted that all the .7 acre parcels in the area existed before the code was established. Gaffron said to tear down and rebuild on any of them, it would require variances to lot area, lot width, setbacks, and possibly hardcover for each of those 0.7 acre lots. Smith indicated that with the added impact of back lot requirements, it is difficult to approve a second lot from applicant's site. 0 Lindquist concurred, opining that the direction was clear.