10-17-2022 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 19, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 9 all of the neighboring water comes down on to this site and flows into the backyard. He noted they could, especially with 2817, work with all of these properties and help that situation. Bollis stated the City has approved some in the ALS with the neighboring house being extremely setback and he remembers those being hundreds of feet setback. He asked if that is accurate. Curtis replied they have granted ALS variances and she thinks the way the City Council looks at these is from a straight Code standpoint in looking at what the setback line is, what encroachments are being proposed, and whether they are supported by the affected neighbors. She noted they have had all kinds of different orientations of homes affecting the ALS. Ressler thinks the feedback for the Applicant is to know where this goes with the City Council. Showing the hardcover, even though it is in excess of what is applied for, is still an improvement of what they now have. In talking about odds, he thinks they have better odds of having that entertained. He noted the ALS is historically very restrictive, but rather than tabling he thinks they should rule on what the Commissioners have so it continues forward to the City Council rather than coming back to the Commission. Ressler moved, Kirchner seconded, to deny LA22-000036, 2815 Casco Point Road, Variances as applied, for the reasons provided in comments. VOTE: Ayes: 7, Nays 0. Libby asked to speak about the Orono citizens who came to speak up for what they thought was right. He is not taking sides on this but he was involved in the 2040 Comprehensive Plan and can say that Orono has a nicely articulated bluff ordinance that the public may want to look up. Many of the issues and questions discussed today are articulated in that rule of law which the Commissioners are guided by. 2. LA22-000043 SANJA DEGARMO, 2675 FOX STREET, REQUESTS A FRONT YARD SETBACK VARIANCE IN ORDER TO CONSTRUCT A GARAGE ADDITION TO THE EXISTING HOME. (STAFF: MELANIE CURTIS) Sanja DeGarmo, Applicant, was present. Staff gave a summary presentation of information. Curtis stated the subject property is on the corner of Fox Street and Gander Road. The property’s narrower frontage is on Gander Road, making Gander Road by definition the “front” for setback purposes. The majority of the property is encumbered by a large wetland, resulting in a relative small buildable area on the 4.4 acre property. The Applicants are requesting variance from the required 50-foot front yard setback in order to construct a 648 square foot attached garage addition to the home. The existing 887 square foot detached garage will be removed. The garage addition is proposed to be set back approximately 35 feet from the front property line, where a 50- foot setback is required. The existing detached garage is located 22 feet from the front property line. The Applicant has identified the wetland encroachment, and the location of the existing improvements as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation provided in the packet. Staff finds the practical difficulty criteria has been met. The 4.4 acre property contains approximately 3.5 acres of wetland. The majority of the remaining dry land exists within the RR-1B building setbacks. The septic system location on the south side of the home further limits building opportunities in a conforming location. One comment from the public was received in support; Staff recommends approval of the variance as requested.