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TO: FROM: DATE: Chair Hawn and Orono Planning Commissioners Ron Moorse , City Administrator Kris Jenson, Assistant Zoning Administrator/Planner August 9, 1999 RE: #2517 Scott and Lisa Bittman, 25 Brown Road South V ariance--Public Hearing Zoning: RR-lB, 2 Acre District Application: To allow a front yard setback variance in order to construct a second story on the existing residence. STAFF SUMMARY The applicants have requested a front yard variance to add a second story to the existing home, which was constructed 42.7' from the Brown Road South Right-of-Way . The lot is 3 acres, on which sits a house and 2 garages. The other structures exceed setback requirements, and the house exceeds the side and rear yard requirements. Staff observed during a site visit that the land between the ROW and the residence is heavily wooded, and the house is not seen from the road. Furthermore, if the house were to be tom down and built at the setback line , it would require the removal of many large mature trees on the lot. This addition was started without a building permit, but by the time Staff discovered the work, the roof had been removed. Staff gave them the OK to go ahead with the project, with the understanding that the variance would be applied for to make the addition legal. The applicant's were also advised that they were proceeding at their own risk, meaning that if the Planning Commission and the City Council denied the variance, the addition would need to be removed. The planned height of the new addition is 25'. Pertinent Ordinance Section 10.28 RR-lB One Family Rural Residential District, Subd. 5, Area, Height, Lot Width and Yard Requirements (B) Lots. The minimum front yard shall be 50'. ANALYSIS RR-lB District Requirements Lot Area Lot Width Front Yard Rear Yard 2 acres 200' 50' #2517 Scott & Lisa Bittman, 25 Brown Road South Front Yard Variance August 9, 1999 page--] 50' Side Yard 30'