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u <br />TO:Chair Smith and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Patd Weinberger, Assistanl^tZoning Administrator <br />DATE:February 8,1999 <br />SUBJECT: #2440 Robert Lux <br />1209 French Creek Drive <br />Variance-Public Hearing <br />Zoning District: RR-1B/PRD One Family Rural Residential District (2 Acre) <br />Lot Area:59,314 square feet (1.36 acre) <br />Application: The applicant has applied to the City for variances to permit the construction <br />of a swimming pool and terrace area with a patio to the rear of the existing residence. The proposed <br />pool would be located 28' from the rear property line. Typically patios are not defmed as <br />encroachments into yard setbacks, however, when the patio is connected to a pool terrace the Code <br />states all that portions of the patio are considered structure. <br />The lot is located in the French Creek Subdivision which was developed as a Planned Residential <br />Development (PRD) south of French Lake. The setbacks and lot sizes for the PRD have been <br />established in Resolution Number 1692. The side yard setback for all lots is 25', and the front and <br />rear yard setback is 35'. The subdivision occurred creating lots under two acres, however the density <br />for the RR-IB (2 acre) zoning district was maintained as a result of establishing a large common area <br />around the development (Outlot B, French Creek). The common area is owned by all property <br />owners in French Creek and is controlled by the homeowner's association. <br />A landscape pond has been developed at the north end of the property. The landscap>e plan proposes <br />altering the pond. It would now encroach over the applicant's property line onto Outlot B. This <br />would require a conditional use permit, which haj not ^en applied for. The conditional use permit <br />would be to allow grading within 5' of a propert) line and land alteration to exceed 10 cubic yards <br />within 75' of the Ordinary High Water Level (OKWL) of 930.0' for French Lake. If the landscape <br />pond is applied for and approved the conditional use permit would be filed on the chain of title for <br />all properties with ownership in Outlot B. <br />The homeowner's association has'eonsidered and approved the proposed landscape plan. A copy <br />of the letter addressed to the City is enclosed as Attachment J. <br />H^2440 Robert and Sancy Lux <br />1209 French Creek Drive <br />Variances <br />2/16/99 <br />Page \