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I Evelyn M. Turner From: Evelyn M. Turner Sent: Thursday, April 01, 2010 1:24 PM To: 'Bluth.Peter@crowncastle.com' Subject: Questions about 2413 and 2443 Carman Street I'm responding to your email sent to Christine Mattson since I'm also responding to some questions from Ms. Gatehouse. There is good news and there is bad news: 1. Regarding the retaining wall, as long as you would be putting back a wall that is the same height and in the same location, it could be done as a replacement of a non- conforming structure, which is allowed by state statute. If it was a total replacement a zoning permit would be required and if you were disturbing the neighbor's property, consent to the disturbance. If you are repairing by simply pulling out and replacing pieces of the wall (assuming it is made of stone, block, or timbers) a permit would not be required. If you were replacing sections of the wall from bottom to top a permit would probably be required but we would have to know the extent of the work before we make a determination. 2. Regarding your house, it appears nothing could be done without variances. On a lot less than 10,000 square feet the zoning code allows 1,500 square feet of buildings and structures more than s� feet tall. From the file the house and garage appear to be 1,652 square feet. There is a permit for an entry but no plans so I don't know how big it is or what it is. There are decks that might counted if it is more than six feet from the ground to the top of the railing at any point. Hardcover (anything impervious or partly impervious) is regulated on the property. It appears to be partially within the 75 to 250 foot zone (measured from the lake) where 25 percent hardcover is allowed and partially in the 250 to 500 foot zone where 30 percent hardcover is allowed. There are no hardcover calculations in the file. Nothing has been built since the garage/entry and rear additions were built in 1977. Hardcover calculations were apparently not required in 1977 as there are none in the �le. Council is hesitant to grant variance to a house to be enlarged when it already exceeds the allowable size unless it can be demonstrated that the addition is absolutely essential. One request that was approved involved enlarging the entry on a split-level house where the front door entered on to a 3 foot deep landing on the stairs so someone standing behind the door could be pushed down the stairs if the door was opened. If you wanted to pursue this you would need a survey of the property showing all hardcover with hardcover calculations before you met with staff to discuss the variance process. Feel free to contact me if you have any question. Evelyn Turner City Planner City of Orono 952-249-4623 952-249-4616 (fax) 1