06-23-2003 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, JUNE 9,2003 Ik M03-288S Cerda and Ed Toth 1280/1290 Spruce Place— Variances—Resolution No. 4991—Contimtitf adjacent lot, giving them a 100’ width, they were far from the I acre lot size ideal. He stated that the Toth’s had already compromised greatly on the design of their house to reduce hardcover, incorporating a tuck-under garage and moving their bedroom from the main floor to the second. At the April Planning Commission meeting, they were told to reduce hardcover to 25-30%, which they did in good faith, expecting their plan at 30% hardcover to be approved. Sansevere stated he still did not feel there was a hardship. MacDonald replied it was in the lot size. Gaflron stated that a large lot can take a large house, small lot-small house. Murphy stated that he had attended the May Planning Commission meeting. He acknowledged that the applicant had been given a guide of 25-30%, but he reminded them that the Planning Commission makes recommendations to the Council, so even if they had approved the current plan, it would still be left to Council ’s discretion. He did not feel Council should arbitrarily remain at 25% hardcover, but that he did not see a hardship in the Toth’s case. White stated that the City will benefit by the Toth’s combining of the lots and removing the old house. MacDonald stated that there are unintended consequences to denying the variance request. He stated they had moved the house as close to the road as possible, so whenever the Toth’s had company, they would have to park on the street. They will be living closer to the street with the accompanying noise. In the future, he would have to advise clients not to combine lots or tear down old houses for new construction because of the treatment new construction gets. Gaffron stated that the property could sustain without variances a home located 30 ’ from the street with a 600 s.f driveway, 100 s.f. of sidewalk, a 2,050 s.f. building footprint. A standard 2 car garage is 400-500 s.f, leaving at least 1,500 s.f. of house on the first floor with 2,000 above it, and perhaps another level as well. The variance standards in the City code discuss undue hardship, which means, “The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The pli^t of the landowner is due to circumstances unique to his property, not created by the landowner. The variance, if granted, will not alter the essential character of the loc^ity. Economic considerations alone shall not constitute undue hardship if reasonable use for the property exists under the terms of the chapter. The special conditions applying to the structure or land in question are peculiar to that property or the immediately adjoining property. The conditions do not apply generally to other land or structures in the district in which the land is located. The granting of the application is necessary for the preservation and