08-11-2003 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 19,2003 6:00 o ’clock p.in. (#7 ^03-2893 JOHN AND ROBERTA HENRICH, Continued) minimum lot size of one acre and a lot width of 140’ measured at the lakeshore and at the 75' setback. They were requesting variances to permit new construction on an undersized lot (0.66 acre) having a conforming lot width of 150’-157’. An average lakeshore setback variance is requested for an encroachment of approximately 8’ by the proposed house. The existing detached garage will remain, requiring a variance to allow an accessory structure without a principal structure during the construction period. Also requested is a hardcover variance for the 75-250’ zone to allow 37.71% where only 25% is normally allowed. Gaffron noted that the site plan centers the new house within the 75-250’ zone meeting all required lot line setbacks but encroaching slightly past the average setback. The new house would encroach only 2-3’ further past the average setback line than the existing house, and would have insignificant impact on neighboring views of the lake. The house location approximately 107* from the lakeshore meets the intent of the Comprehensive Plan for new structures. Gaffron continued that the existing detached garage is less than 20 years old and is in good condition. It contains a storage area below which fits well with the topography of the site. Once again, Gaffron stated that the primary concern is the harucover variance request. The Plaiuiing Commission and Council have been fairly consistent in denying hardcover variances for new construction unless a distinct hardship can be demonstrated. He pointed out that structural coverage is proposed at approximately 2370 s.f. or 8.3 %, well within the 15 % limitation. With regard to bluff impacts, Gaffron reported that if the existing deck remains in place, it has a legal nonconforming status in regard to the bluff setback, as it was constructed in 1990, prior to the 1992 adoption of bluff ordinances as part of the Shoreland ordinance. If it is replaced, it will require a variance to the required 30’ top-of-bluff setback requirement for structures. Gaffron explained that the proposed hardcover in the 75-250’ zone is 6,280 s.f or 37.71 %. The applicant has included in his letter of request a number of factors which he believes are hardships that support the variance request. These factors include the ability to park numerous vehicles off of Highwood Road which is very narrow and has only minimal ability for on-strect parking. A hardcover variance was granted for the site in 1990 resulting in a reduction from 43.6% to 43.0% in the 75-250’ zone. Whereas the house footprint is increasing in size from about 1240 s.f to 1600 s.f and the new house is not excessive for the lot, the ancillary hardcover is the primary issue for discussion. Gaffron maintained that it is staff s opinion that a site plan could be developed that would accommodp'.e the proposed new home on this property without the need for a hardco\'er variance. However, that would require substantial changes to the character of the lot, and would potentially result in less off-street parking availability. PAGE 24 of 39