11-14-1988 Council Packet - Laserfiche WebLink

Home Browse Search

To: Mayor Grabek & Orono Council Members City Administrator Bernhardson Frou: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 8, 1988 Subject: #1329 Thomas McNellis, 355 Woodhill Road - Variance Application - Request for front setback variance and wetland setback variance. List of Exhibits Exhibit A - Notice of Planning Commission Action 10/21/88 Exhibit B - Memo & Exhibits of 10/10/88 Exhibit C - Planning Commission Minutes of 10/17/88 Discussion - Please review the memo and exhibits of October 10, 1988 including the September 14, 1988 memo. The applicants are proposing to construct a new residence on a lot within the Woodhill Ridge subdivision, approved in 1987. Due to the nature of the lot, the applicants originally requested variances to allow a 28' front yard setback where a 50' setback would normally be required, and proposed to encroach with portion of house, decks and retaining walls, as much as 20' into the 26' required wetlands setback. After the initial Planning Ccmmission review, the applicants returned to Planning Commission with a less intensive proposal, requiring only a 13' front setback variance and including a 4' cantilevered encroachment into the 26' wetland setback. This proposal received a Planning Commission recommendation for denial on a vote of 4-3. Note that the Planning Commission made three motions, as follows: 1. Approve the front yard setback variance, deny the 4' wetland encroachment (motion failed 3-4). 2. Approve both variances (motion failed 2-5). 3. Deny both variances (motion passed 4-3). Planning Commission's recommendation for denial was based on finding no adequate hardships to justify the variances, especially for development of a lot that was so recently created. It is the Planning Commission's position that the applicant bought the property knowirg full well the City's setback requirements, and any need for variance is created by the property owner, not by the property itself. In previous memos, which are attached, staff has included exhibits showing the building envelope which was approved with the subdivision.