09-15-1997 Planning Commission Minutes

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• ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 15, 1997 ( #14 - #2295 Conley Brooks, Jr. - Continued) The existing garage is located 2.8' into the right -of -way. The new garage would be F into the property and meet the 10' side setback. A variance is required for setback from the wetland for a 20' separation instead of the required 26'. The garage will also be located in front of the front line of the residence. It will be 24'x24' and have one garage door and used for storage of lake equipment. The door will be to the side. Gaffron reported that parcels H, E, and A could be legally combined. Gaffron asked for a statement why replacement will be in the particular location. He asked the Planning Commission if they wanted to see a larger setback from the street, whether they would accept a lesser wetland separation, or if the garage should be located on this parcel at all. Another issue is the replacement of the fence, which is located on the lake side of the road along the portion of land acquired by Brooks. The ro ad has 60' right -of -way width. The edge of the road is actually 30' away from the property boundary but the existing fence in the right -of -way is at the perceived boundary. Gaffron indicated that the poor condition of the fence is likely due to its . proximity to the road. He reported that Chapter 6 of the Municipal Code requires a permit to allow this encroachment. A portion of the fence is located within the 0 -75' setback. • Gaffron said Staff recommends the fence not be allowed within the right -of -way and should be located at the property boundary. If it is located less than at the property boundary, it should be at least 15' from the paved roadway with screening between the fence and the road. Gaffron said the applicant would be asked to sign a hold - harmless agreement for damage to and maintenance of the fence. He asked the Planning Commission to review the hardship statement. Mr. Brooks said the garage is part of the old Skarp property, and its replacement is a step in the clean-up process of the property. He intends to replace it with a storage garage with no driveway. He indicated there is no other location on the property on which to place the garage. It will service the house and lakeshore. Brooks said the fence is necessary for privacy and to eliminate trespassing. He noted the property is narrow in its width. The fence is currently located on the road side of the tree line and could be located 6 -8' back as opposed to 4 -6'. If it was located behind the tree line at about 10 -12', it would leave room for vegetation to grow and for snow plowing. He reported that most of the homes in the area have some sort of visible barrier within 6' of the road with fences or trees, and he feels this fence would be consistent with the neighborhood. 36