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MLNUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, September 15,2003 <br />b:00 o'clock p.m. <br />(»6 #03-2929 JEFF MARTINEAt, CMttaMd) <br />Brener nove<L Rah* iccMded. lo recomnead Appro%al of AppUcatioa #03-292a, <br />Jeff Martiaeoa, 296S Nortk Shore Drive, granliog a Cooditiooal Lse Permit for <br />plvnblag in aa accctMr>' sinictare for a % bath, incladlag slum er/itool/sink« <br />(excladlBg a kitebeaefte) sobjecl lo coacarreal reawvab of excess hardcover to resall <br />la a flaal hardcover aot excccdiag the site's hardcover allolracat of 7530 s.f. for the <br />area betweea 0-290* aad code restrictiooi oa ate of that structare includiag that it: <br />- caaaol be ated for a hoaie occopalioa aaless allowed by home occapatioo <br />ordiaaaces <br />- caaaoC be ased as a dwelliag aail aaless Guest house CL P b obtained <br />- caaaoC be realcd, leased, or otherwise provided for use as dwelliag. <br />VOTE: Ayes 7, Nays 0 <br />NEW BUSINESS <br />(#7) #03-2930 SANDRA S. LARSON, 540 ORONO ORCHARD ROAD SOI TH, <br />\ ARI.ANCES, 7:24 - 7:44 P.M. <br />Kelly Perry, daughter and representative for the Applicants, was present <br />Foth explained that the applicants request side yard and street sctbaci v ariances in order to <br />constnict a 10' x 28' addition lo the north side of the existing home. The proposed <br />addition would not encroach further into the street setback than that of the existing l"»mc, <br />however, would make a confomting side yard setback non-conforming. The proposed <br />addition would encroach 10* into the cunently conforming side yard setback, while there b <br />ample area on the west side of the home to add 282 s.f of additional living space. <br />Since the property is split down the middle by a public alley right of way, this tcsulls in the <br />necessity for a rear yard setback in the center of the property. A fence exists on the alley <br />right-of-way approximately 20' north of the property line between 540 and 5501 property <br />lo the south). The alley has historically served only the 540 and 500 Orono Orchard Road <br />properties; however, a recent home addition and garage reorientation at the 500 address has <br />changed the use of the alley. In summary the alley now serves 540 Orono Orchard Road <br />exclusively. <br />While the Planning Department Staff recommends the follow ing: <br />1. Approval of the street setback variance, since staff finds that a hardship exists to <br />allow- the decreased setback to the rear yard due to platted right of way which splits <br />the property in half <br />2. Denial of the side yard setback variance, since staff docs not find a hardship to <br />support the side yard encroachment thus making a currently conforming setback <br />non-conforming <br />PAGE 9 of 25