11-15-2004 Planning Packet - Laserfiche WebLink

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MLNXTES OF THE ORONO PLANNING COMMISSION MEETLNG Monday, September 20, 2004 6:00 o’clock p.m. (;t04«3052 Erie VogtCrom. Continued) from the building site by an inlet of Canrjn Bay The contiguous land area :t approxiir.atc’.y \ 6.400 square feet. The applicant is basing the structural coverage amount on the total nonconnguous 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. Tne definition of minimum lot area found in the Subdivision Code w ould disallow- noncontiguous land to be credited tow ard lot area. Curtis staled the applicant is proposing a 3,002 square foot footprint. 1,225 square feet of driveway, and 215 square feet of sidew alk to make up the 57 9 percent haidcovcr. There arc no patios proposed and only one 18* by 11* deck on the la’Kcside of the home. Curtis 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 down to a reasonable level. Stair finds that there is no hardship inherent to the land that would justify t.ie side street setback variance or the hardcover variance as proposed Staff believes that the 55-foot wide building en.elope IS very reasonable and that a sctbac’K variance to the side street is not justified If the Planning Comimssion concl-ades that the .vTilicant should get credit toward ±e structural coverage for the dr> land on the norxontiguous portion of the property, there may be some appropr-.atc level of hardcover variar.ee to support some reasonable level of development of the site Staff recommends approval of the average lakcshore setback variance and recoirur.ends denial of the side street setback variance and denial of the hardcov er variance Staff also recommends removal of the existing grave! driveway within th,e city right-of-*ay and restoration of the area back to vegetation as pan of the redevelopment of this lot. Cur.is 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. Vogstiom noted the road is unimproved to the north and requested the Planning Commission allow the rncroachment in die nght-of-w ay. Vogstrom stated the existing structure encroaches into the nght-of-way by 14 feet. Vogstrom explained the existing hardcover calculation does not include an.vthing for a pad and driveway, w hich exists on the nonh side. Vogstrom indicated at the present time there is no w ay to access the garage w ithout going over the right-of-w ay. Vogstrom noted the current snuctute is located 21.8 feet away from the street and is nonconforming Vogstrom indicated he would be willmg to restore the nght-of-way at his expense if the city u w^.Ilmg to work w-ith 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 his land is not contiguous. Vogstrom stated in his opinion the proposed residence conforms more w^ih the rest of the neighborhuiod than w hat currently exists Vogstrom noted the property at 2601 Lafaycne Road was granted hardcover in excess of 25 percent Vogstrom stated the current structure is 11S4 square feet and is figured at 26.4 percent hardcover. PAGE 21