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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. 5. #04-3054 JON AND GAIL BLACKSTONE, 4475 FOREST LAKE LANDING - VARIANCES, 7:20-7:36 p.m. Jon Blackstone, Applicant, was present. Gundlach stated the applicants are proposing to construct a new residence on an existing, vacant parcel and are requesting a lot width variance to pennit a lot width at the public roadway of 110 feet when 140 feet is normally required and a variance to pem1it the existing accessory building to remain on the lot in a location closer to the street or front lot line than the proposed house. The lot consists of .886 acres and lies within the LR-lB zoning district. Gundlach stated 112 feet is required to meet administrative approval criteria for lot width. The applicants have met the administrative requirement for lot area and also meet all setback, hardcover, and structural coverage requirements. A variance to permit the existing accessory building to remain on the lot is required since City Code does not pennit detached garages or other accessory buildings to be located nearer the front or street lot line than the principal building except on lots which have frontage on a lake and rear yard adjacent to a street. Gundlach noted any accessory building would need to be located behind the residence. Gundlach stated although the accessory building has existed without a principal structure for quite some time, which is prohibited, it should not be allowed to continue since the two lots are being combined, the property is being redeveloped, and all nonconformances should be eliminated with the new construction. Staff finds that a hardship inherent to the land exists in order to grant a lot width variance. The lots prior to combination were only 55 feet in width and a house existed on one. The new combined lot width is more conforming at 110 feet and would be one of the most conforming lots in the neighborhood. Staff finds that there is no hardship inherent to the land to support approval of a variance for the accessory structure. Gundlach stated the grading of the lot is being substantially changed for construction of the new house and the lot could potentially support an accessory building in a different location. Staff maintains that accessory structures do not have to be pennitted at all if they cannot be constructed in a conforming location. Gundlach noted City Engineer approval of the grading and drainage is needed prior to approval by the City Council. Blackstone stated the existing shed is located approximately 17 feet from the road and that he is unsure of the distance from the neighbor's lot line. The shed itself is 16' by 12' and 11' high, with a new roof and paint put on the shed last summer at a cost of over $2000. Blackstone noted the shed has existed on this lot for over 20 years. Blackstone stated the proposed location of the new residence and pool is designed to minimize runoff and disruption of the topography, with the lot containing numerous mature trees, including some maples that are over 100 years old. Blackstone stated the current use of the shed is to store snowmobiles, snowblowers, riding lawn mowers and other items. The proposed location of the house PAGE 14