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Date Applicatinn RcccivcJ: 7>2t>04 <br />Dale Application Considered as Complete: 7-21-04 <br />t)0-Day Review Period Expires: 9-19-04 <br />COl'M/'ii s 'cp TING <br />SEP \ 3 2004 <br />CITY OF ORONO <br />request for council action <br />Rate: September 9. 2004 <br />Item No.: (/7 <br />Department Approval: <br />Name: Janice Gundlach ' <br />Administrator Approval:Agenda Section: <br />Zoning <br />Title: City Planner <br />Item Description: t/04-3044, Jennifer A. Simon. 3925 Cherry Avenue - Variance - Resolution <br />Zoning District: <br />Lot Area: <br />Lot Width: <br />I.R - 1C, One Family Lakeshore Residential District (Vi acre minimum) <br />0.39 acres (17,195 s.f.) <br />119.80 feet <br />List of Exhibits <br />A - Re.solution per Planning Commission Recommendation <br />B ~ PC Action Notice 8-17-04 <br />C - Withdrawal Request Letter dated 8-26-04 <br />D - PC Memo and Exhibits of 8-11-04 <br />Application Summary: Applicant requests a rear yard setback variance to permit an <br />addition to the principal residence where the proposed setback is 20 feet from the rear <br />property boundary when 30 feet is normally required and the existing house encroaches <br />approximately 15 feet into the setback. <br />Staff Recommendation: Staff recommends denial of the application as the addition can <br />be shifted 10 feet east in order to meet the 30 foot required setback. <br />Planning Commission Recommendation <br />The Planning Commission voted 5-1, Commissioner Kempf dissenting, to recommend denial of the <br />rear yard setback variance request. The Planning Commission determined that the applicant would <br />need a variance to either the rear yard or the side street yard dependent on whether Miruue Avenue <br />or Cherry Avenue were considered the front, and therefore a re-design would be necessary to <br />alleviate the need for a variance us there is ample buildablc area on the lot. <br />Staff Kccoinmendatioii <br />Denial per the attached Resolution. The applicant stated at the Planning commission meeting that <br />she did not wish to appear before the Council to appeal the Planning Commission's denial <br />i.