10-28-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 16 -49 percent total site hardcover where 25 percent is allowed; -30 percent building/structural coverage where 20 percent is the maximum allowed; - Rear yard setback; -Front (street) setback; and -Side yard setback. An interim use permit for export of approximately 1,120 cubic yards of material to be hauled from the property within 75-foot setback and off site is also being requested. At the September Planning Commission meeting, following a public hearing and discussion, they voted 4-2 on a motion to deny the requested variances. There was considerable discussion regarding the proposed structural coverage and the adjusted lot area used to calculate structural coverage between the applicant and the Planning Commission. In situations like this one where the traveled roadway does not exist in a dedicated easement, the actual paved width is removed from the lot area for calculation purposes. The total lot area of this property is 14,459 square feet; however, the adjusted area is determined to be 11,100 square feet. Staff does find practical difficulties inherent to the size and shape of the property in addition to the location of the roadway and lake to justify some level of variances for redevelopment. However, the applicant is proposing redevelopment on this property at a scale which is unsupported by practical difficulties and is far beyond what is reasonable for the property and neighborhood to support. Staff recognizes that this lot requires certain variances to support development and redevelopment. Staff does not support the structural coverage or hardcover variances because it appears the requests are borne out of convenience rather than hardship. Staff recommends the structural coverage be reduced to 20 percent. Staff recommends denial of the application as proposed. John Quinlivan, Gordon James Construction, noted there are currently 28 properties on Crystal Bay Road, with 24 considered lakeshore. Of the 24 properties with lakeshore, this property is the widest property at 150 feet. There are approximately 11 lots that are 50 feet or less width, four lots have 60 feet or less in width, five have 90 feet or less in width, and three lots are over 100 feet in width. This property is the widest of those properties but is also the second shallowest property, which presents a number of challenges and practical difficulties. A practical difficulty has to be a reasonable manner not created by the owner and fits the character of the neighborhood. A number of the lots to the west have front-load garages due to the width of the lot. There are five lots that are wider that have side-loading garages. Several properties to the east have variances for a garage tucked in the back. A side-loading garage was designed for several different reasons. Number one, it offers a better appearance. Number two, Crystal Bay Road is narrow, and it was felt it would be better not to back out into the street. The setbacks are greater than three times what was required. There is also very limited parking on Crystal Bay Road and the side-loading garage would allow for guest parking. As it relates to hardcover, they are proposing to capture nearly 100 percent of the runoff through cisterns that would capture as much water as possible. The driveway and other exterior hardcover will use pervious pavers and the gutters will direct water to the buried cisterns. The homeowners are very