12-08-2003 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 24,2003 3. 002-2829 OronoZoniHgCoJeAmendmetU—Section 78-71—Regulation of Nonconforming Uses and Nonconforming Structures—Continued would adding a second story then require reducing the hardcover of the driveway. GafTron stated that it would not trigger the hardcover nonconformity. Expansion would be permitted if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, and the expansion shall then meet ail requirements of the district. GafTron stated that 1/3 - '/a of lakeshore homes are on substandard lots. Some percentage of those may have substandard setback or hardcover that would require variance applications. The amendment provides standards with which to work regarding such applications. In cases where the lot line setback of a structure is less than 50% of the required setback for that district, the City may require that the discrepancy be made up by enlarging the opposite yard depth to result in an aggregate yard depth equivalent to the combined required yard. The Planning Commission felt that there ought to be some threshold at which they look at compensating for an extremely substandard situation. If a house had a 4’ setback on one side, where 10' is required, they could be required to make up the difference on the other side. If that was not possible, then the City would consider a variance. White asked if the code could lead to residents feeling the City has removed rights. Barrett stated that he had not yet closely reviewed the ordinance. Any ordinance the City drafts could brush up against Constitutional rights. The language in item 3(C) reads, “may require," which means Council would set a series of precedents as to how the ordinance is interpreted and enacted. GafTron stated most cities’ codes have a 50% threshold. Accessory structures have the same caveats in general. Item 4(C), was a little difTerent, stating that when an accessory structure is located too close to a lot line, the City could require that the structure be modified so that it becomes completely conforming with respect to setbacks. GafTron stated that a detached garage that comes up for remodel, the City may require the entire structure be moved into conformance. The Planning Commission recommended approval. GafTron stated that Council could approve, amend, or table it for further review. » 4