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Date Application Received: 7-21*04 <br />Date Application Considered as Complete: 7-21-04 <br />60-Day Review Period Expires: 9-19-04 <br />COn^f^ti mcctimq <br />SEP 1 3 2004 <br />CITY OF ORONO <br />REQUEST FOR COUNCIL ACTION <br />Pale: September 7, 2004 <br />Item No.: 1 <br />Department Approval: <br />Name: Janice Gundlaclxl'v <br />Title: City Planner <br />Administrator Approval:Agenda Section: <br />Zoning <br />Item Description: #04-3046, Robert & Brenda MacDonald, 2480 Old Beach Road <br />- After-the-Fact Side Yard Setback Variance. Amended CUP, Resolutions <br />Zoning District: <br />Lot Area: <br />Lot Width: <br />Ll< - IB, One Family Lakeshore Residential District (1 acre minimum) <br />2.356 acres (102,624 s.f.) <br />190’ @ shoreline; 197 ’ @ 75 ’ setback <br />List of Exhibits <br />A - Resolution per Plamting Commission Recommendation <br />n - Proposed Hardcover Removals <br />C - Amended CUP Resolution from 8-2003 <br />D - PC Action Notice 8-17-04 <br />E - PC Memo and Exhibits of 8-11-04 <br />Application Summary: Applicant requests an after-the-fact side yard setback variance to <br />pcrmil the detached garage to remain 8.4 feet from the side lot line when 10 feet is <br />normally required. This garage was recently reconstructed without the required building <br />permits. <br />Ihe applicant has also requested that the original conditional use permit granted in <br />.‘\ugust of last year be amended to reflect the non-rental guest apartment that was recently <br />constructed w ithout permits._________________________________________________ <br />Initial Staff Recommendation: Staff had recommended that the Plamiing Commission <br />discuss whether the improvements made to the detached garage qualify as maintenance or <br />a rebuild. If the Commission determined the improvements were merely maintenance, <br />then staff reconunends approval of the side yard setback variance request. If the <br />Planning Commission determined that the garage was rebuilt, staff recommended denial <br />of the side setback variance request and the garage must be moved to meet a 10* setback <br />and undergo a hardcover variance review. <br />Staff concurs with the Planning Commission recommendation stated below and also