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MINUTES OF THE Council ORONO PLANNING COMMISSION MEETING Exhibit C Monday, May 16, 2011 6:30 o'clock p.m. Schoenzeit moved, Schwingler seconded, to bring the recommendations of the Planning Commission regarding community/donation gardens and private, residential gardens on a vacant lot forward to the City Council. VOTE: Ayes 6, Nays 0. 4. 11-3505 THOMAS McCUNE,1473 BAY RIDGE ROAD, VARIANCE, 8:10 P.M. to 8:16 P.M. Thomas McCune, Applicant, was present. Curtis stated the applicant is requesting variances from the 30-foot sdde yard setback requirement in order to construct a new roof on the existing home 2711" taller thanpjisttig. The pitch of the roof would be increased. A 16.7 foot setback exists on the south side of tho home and a 14-foot setback exists on the north side of the home where 30 feet is required. In conjunction with repairing an ice dame issue with :the existing roof, the property owner would like to reconstruct the roof over the older portion of their home with a slightly steeper pitch. The resulting increase in height would be an additional 2711" from the existing roof The existing;home does not meet the 30-foot side setback as required for principal structure$ withip the LR-lA zoning district. Technically the increased roof height in the substan6rd setback is considez�d an expansion of an existing nonconformity. No additional side yard setlac variances arerequiredin order to do the project as proposed. As the Planning Commission.s,aware, there hake been fiiatip to law regarding how a municipality must review -ail. application for a valance . 'he �Iut dite hardship" analysis has been replaced with the "practical difficulties" analysis. Staff is ctey working ova updating the ordinance to ensure that it conforms to the stiLWtpry analysis, of practical fficulties. While the current code directs Staff, Planning Commission and the. Council,t,0 perform a ha oship analysis, this application will actually be viewed cons] with the neir practical d tculties ana is. ar The a ts' variance rce Wst is ieawable and necessary in order to avoid additional damage to their property ed by ice dams.,. "The proposed addition is a vertical expansion that will result in minimal additional � g of the house No additional living space is being proposed and the applicants' request results in min aia jiegative impa6f:-of adjacent properties. Staff finds the location of the existing home creates a unique erro stance not elated by the applicants and that granting the applicants' request is in harmony with the pose and inteatof the ordinances and will not alter the essential character of the neighborhood." Planning Staff recommends h p . al of the side setback variances in order to reconstruct the roof as proposed. Alexander stated in her view the request is reasonable. Levang, Schwingler, and Leskinen agreed with Commissioner Alexander. Tom McCune stated the house is a 1,700 square foot rambler with no ventable attic space and very little insulation. All the builders he has spoken to have said that he needs to ventilate it and put more insulation in there along with a steeper pitch. McCune indicated he does not want to encroach on the property line. Page 18