11-08-2004 Council Packet - Laserfiche WebLink

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r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o ’clock p.m. (#04-3052 Eric Vcgstrom, Continued) from the building site by an inlet of Carman Bay. The contiguous land area is approximately 16,400 square feet. The applicant is basing the structural coverage amount on the total noncontiguous parcel above the 929.4’ elevation. Neither the lot coverage ordinance nor the Zoning Code definition of "lot area" clarify whether the lot coverage percentage should be based on contiguous area The definition of minimum lot area found in the Subdivision Code would disallow noncon.iguous land to be credited toward lot area. Curtis stated the applicant is proposing a 3.002 square foot footprint. 1,225 square feet of dnvevsay, and 215 square feet of sidewalk to make up the 57.9 percent hardcover. Tnere are no patios proposed and only one 18 ’ by 11 ’ deck on the lakeside of the home. Cums noted the driveway as proposed would need to be reduced at the curb and would need to be substantially reduced overall to bring the hardcover doNvn to a reasonable level. Staff finds that there is no hardship inherent to the land that would justify the side street setback variance or the hardcover variance as proposed. Staff believes that the 55-foot wide building envelope is very reasonable and that a setback variance to the side street is not justified. If the Planning Commission concludes that the applicant should get credit toward the structural coverage for the dry land on the noncontiguous portion of the property, there may be some appropriate level of hardcover variance to support some reasonable level of development of the site. Staff recommends approval of the average lakeshore setback variance and recommends denial of the side street setback variance and denial of the hardcover variance. Staff also recommends removal of the existing gravel driveway within the city right-of-way and restoration of the area back to vegetation as part of the redevelopment of this lot. Curtis noted the grading and drainage plans have been revised since the issuance of the letter by the City Engineer, and that the applicant has addressed the grading and drainage concerns that have been raised. Vogstroni noted the road is unimproved to the north and requested the Planning Commission allow the encroachment in the right-of-way. Vogstrom stated the existing structure encroaches into the right-of-way by 14 feet. Vogstrom explained the existing hardcover calculation does not include anything for a pad and driveway, which exists on the north side. Vogstrom indicated at the present tim.e there is no way to access the garage without going over the nght-of-way. Vogstrom noted the cunent structure is located 21.8 feet away from the street and is nonconformmg. Vogstrom indicated he would be willing to restore the right-of-way at his expense if the city is willing to work with him on the hardcover. Vogstrom stated in his opinion he has a hardship due to the amount of water on his property and the fact that hi$ land is not contiguous. Vogstrom stated in his opinion the proposed residence conforms more with the rest of the neighborhood than what currently exists. Vogsmom noted the property at 2601 Lafayette Road was granted hardcover in excess of 25 percent Vogstrom stated the current structure is 1 1S4 square feet and is figured at 26.4 percent hardcover. PAGE 21