05-17-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 • (#10) #2494 DAN ANDERSEN,2885 LITTLE ORCHARD WAY-VARIANCES, 8:48 p.m. -8:58 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Dan Andersen was present. Lee Statman was present. Weinberger stated the Applicant is requesting a variance for an undeveloped lot within the recently approved Little Orchard Addition. When the subdivision was approved, a stable remained on the lot located near the front yard setback line and encroaching into the required 30 foot side yard setback. It was the subdivider's intent that the building be removed; however, the Applicant has requested the stable be moved to a conforming location on the lot. The building would be relocated to the rear of the lot meeting all required yard setbacks. Weinberger stated a restrictive covenant would need to be placed over the lot for an oversized accessory building because it exceeds 1,000 square feet. The Applicant is also requesting that the City allow the west property line to be identified as a side lot line to allow a 30 foot setback rather than 50 feet as required for rear yards. When this subdivision was approved, the front yard was determined to be that portion of the lot adjacent to the cul-de-sac. The side yards are the south and eastern lot lines, and the lot has two identified rear lot lines, which are the west and north property lines. The Applicant is proposing to re-establish this property line as a side property line or, in essence, granting a variance to allow the 30 foot side yard setback. City Staff had a concern regarding the actual function of the lot if the westerly lot line is re-established and the house is constructed to face directly to the east and located directly on the setback line, this would then essentially serve as a rear yard. Weinberger indicated he has spoken with Dan Andersen regarding this and Mr. Andersen would like to see language included in the resolution recognizing that this is a side yard and shall function as such at the time the property is developed and a house is constructed on the lot. City Staff recommends approval of the variance to permit an accessory structure to remain on the property subject to the condition it is located as shown on the survey/site plan dated July 9, 1998, and that the property owners file a covenant on the title for the oversized accessory building with the conditions noted in the Staff Report. City Staff is also recommending approval of the request to amend the Little Orchard plat to reclassify the west property line from a rear yard to a side yard based on the condition a house is constructed on the lot that will not orient a back yard to the west protecting the property to the west, and the front yard classification be extended to include the entire southern property line. Andersen stated the house will be situated to face at an angle. Andersen noted that the barn is in good condition and that is why they would like it to be relocated rather than removed. There were no public comments. Lindquist moved, Hawn seconded, to recommend approval of Application #2494, 2885 Little Orchard Way, granting a variance to permit an accessory structure to remain on the property subject to the condition it is located as shown on the survey/site plan dated July 9, 1998 on file with the City of Orono, and the property owners file a covenant on the • title for the oversized accessory building with the conditions noted in the May 17, 1999 Staff Report, and to recommend approval of the request to amend the Little Orchard plat 13