09-16-1996 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 16, 1996 • ( #7 - #2172 Gerald and Nancy Bloms - Continued) Smith said such notation puts property owners on notice, was not considered a penalty, and went with the property, not the individual, and was consistent with the code. Smith said the Commission attempts to apply the code consistently and fairly, and the neighbors would receive the same treatment. Smith said she was in support of noting on record a limit on future structural additions. Hawn moved, Smith seconded, to approve the construction of an upper level deck extending the structural coverage to 1.6.8% with the additional language that it is the Planning Commission's opinion that the property has reached its maximum lot coverage and asks that any further request for structure be denied. Vote: Ayes 6, Nays 0. ( #8) #2173 BENNETT CHARLES DOWNEY, 2675 SHADYWOOD ROAD - AFTER- THE -FACT VARIANCENARIANCE - PUBLIC HEARING 9:01 -9:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant, Chuck Downey, was present along with new owner, Gary Hegenes. • Gaffron reported that the previous owner, Rolla Martin, had applied for a variance for a tennis court but withdrew the application in 1985. A 1986 addition added 90 s.f for a total of 7890 s.f., which included the driveway for the neighboring property. In 1990, Martin proposed an additional expansion of the house on the west side. While in review, Staff found additional hardcover that had not previously been present and exceeded the 25% allowable in the 75 -250' setback area. Martin then withdrew his application. It was found that the gazebo was located 5' from the garage where 10' separation is required. The property was subsequently sold, and Staff put a notice in the property file that the hardcover overage and gazebo would have to be taken care of in the future. The property was then purchased by Downey and sold to Hegenes. The current application resulted from the notice in the file. Gaffron noted that there has been one change since 1990. The driveway serving the neighbor with an easement is now excluded from the calculations for both lot coverage and hardcover. The 5' separation of the gazebo from the garage still exists, but decks now connect the gazebo. There are no other variances required. The applicant is proposing to remove rock and plastic near the driveway and fence. Hegenes said the decking proposed will allow the deck to be squared off The existing stairway will be removed, the deck squared off, and new stairs installed. The deck coverage will be less than what now exists. Hegenes noted that a landscaped area was • penned in as a deck. He also said some concrete will be removed. 14