03-22-2004 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8,2004 7:00 o’clock p.m. 5. #03-2962 ROBERT AND JOAN SWITZ, 1740 SHADYWOOD ROAD - VARIANCE Gundlach reported that the applicants had requested a lot area vanance to allow a rebuild on a lot which is .47 acres in size when .50 acres is required and a hardcover variance to allow 38.6% hardcover in the 75-250’ zone when 38.8% currently exists and 25% is normally allowed (also removing 2,050 s.f. of hardcover from the 0-75’ zone). Gundlach explained that this application was heard at the Council meeting of February 9, 2004, during which the applicants were directed to further reduce hardcover to 33%, or an additional 800 s.f. The applicants have chosen not to reduce hardcover any further than 38.6% and request approval of the plan presented at the Feb. 9"' meeting. Mayor Peterson indicated that she revisited the property since February 7'*' and watched the traffic flow along County Road 19. After this examination, she felt there was legitimate hardship to justify and support the applicants' request to warrant the 38.6% hardcover presented in their proposal to allow for adequate driveway and turn around apron. Sansevere questioned whether there was quantifiable hardship to justify the hardcover request. Gaffron explained that, within the past five years, the City Council has said that total rebuilds must meet a higher standard than remodels. Rebuilds have been consistently held to 25% hardcover, or close to It, which has caused many applicants to significantly change their plans to meet this requirement. GafTron noted that the hardcover variance, in this application, is related to the size of the home and driveway required to safely access the busy road. In recent years, he pointed out that the Planning Commission has attempted to quantify hardship based on limits imposed by the shape of a lot. Having taken the lot shape and location into consideration, staff still believes 33% hardcover is appropriate for this situation. lie maintained that by varying from this position, the City Council would be inconsistent with what it has ruled in the past and could be setting precedent without adequate support, which in turn makes it impossible for staff to correctly advise future applicants in terms of variance requests. Mayor Peterson pointed out that the home meets the 15% structural coverage limitation as proposed. She believed the Planning Commission was approiniate in voting 6/0 that this was a reasonable request which allowed for sensible driveway and back up space. Gaffron reminded the Council that 15% is a limit, not a right, which in certain situations they should consider further reducing to 12-13% if necessary to meet hardcover requirements. On the other hand, Gaffron suggested the City consider looking at making code changes based on how big a driveway is necessary in order to support homes on certain roads to be consistent. Mayor Peterson stated that the City Council is generally pretty consistent. White pointed out that, in this specific application, the lake proves to be the hardship. He indicated that the whole house must fit within this zone, which impacts the hardcover. White maintained that, if the City docs not consider this request, the poor situation which exists currently will continue indefinitely. He agreed that the road also imposes safety restrictions and warrants additional hardcover. PAGE 4 of 16