03-22-2004 Council Packet - Laserfiche WebLink

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MiNUi£dcir liuc ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o’clock p.m. the OHVV'L, and a aide setback variance, in order to reconstruct their deck no closer to the side yard than the existing deck (2.5’ where 10 ’ is required). VOTE; Ayes 5, Nays 0. 5. M3.2962 ROBERT AND JOAN SWITZ, 1740 SHADYWOOD ROAD - VARIANCE - RESOLUTION NO. Gundlach reported that the applicants had requested a lot area variance 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 Febmary 9, 2004, during which the i^)plicants 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 the revisited the property since February O"* 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 quantiflable hardship to justify the hardcover request. Gaffron explained that, within the paA 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. Gaffron 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 Plaiming 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. He 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 PAGE 5 of 23 •'A- f 1