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#05-3102 920 Brown Rd. S. April 14, 2005 Page4 area, but because it has a non-compliant septic system, potentially needs the area adjacent to 920 Brown Road for futme septic use unless it connects to sewer. At any rate, neither adjacent property is for sale at this time, so the applicants cannot increase the size of the prope1iy to be more confo1111ing. Under Orono's ordinances, without the lot area and width variances a new home cannot be constructed 011 the property. Aside from the substandard lot area and width, a house can be constructed on the property meeting all other standards of the RR-lB District, and such a house would not create a situation of increased density nor be out of character with the neighborhood. Based on the above information, it would be appropriate to grant the lot area and width variances. Side Setback Variances. Applicants are requesting side setback variances to allow a new home to be located 15.5' from the north side lot line and 15.0' from the south side lot line. The applicants' hardship statement and letter of request generally indicate that the zoning when applied to this property makes it unbuildable for a home that would be propo1iionate with other homes in the neighborhood, and in character with the style of home that is ctmently being built as Orono's rural area re-develops. The width of the remaining buildable envelope is 50' when the 30' side setbacks are met. Many substantial homes no wider than 50' are being built today on smaller lots in Orono, and the issue in staffs opinion is one that can be resolved through creative design rather than variances. Please refer to Exhibits F, which depict plan views of the separation between homes in the inm1ediate neighborhood in the 'before' and 'after' conditions. The adjacent residence to the 1101ih, on a 2-plus acre lot, is about 140' from the existing house at 920 Brown, and that separation will continue under the proposed house location. The adjacent residence to the south, at 930 Brown Road, is about 41' from the side lot line, and its separation from the existing house at 920 is about 125 '. Under the proposed plan with a 15' setback, the separation between these homes is reduced to 70'. Since the home at 930 Brown is 40+ years old, it has the potential for additions or even a rebuild, and new construction at 930 could result in a further reduction of the separation to as little as 45' while meeting its 30' side setback requirement. Planning Conm1ission and Council in 2003 denied side setback variances for a rebuild on a 100' lakeshore lot in the 2-acre zone (332 West Lake Street) in a neighborhood with a wide variety of lot sizes ranging from 50' to 200'+ in width, based on no satisfactory hardship found. In 2004, side setback variances were denied for a rebuild on a 132' wide, 0.7 acre Jnkeshoi·e lot (1489 Shoreline Drive) in the 2-acre zone. Side setback variances have been granted for RR-IB neighborhoods such as Crystal Bay, where the majority of lots are extremely small compared to the zoning requirement and a lesser side setback than 30' is the norm.