02-19-03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, February 19, 2003 6:30 o'clock p.m. (#03-2871 SALLY AND DAN WEATHERLY, Continued) After purchasing the property in 2002, the applicant's initial plan was to remodel the existing residence and add a second story. Shortly after they started that project, Bottenberg pointed out that it was determined the foundation would not handle the additional load, therefore, the structure was demolished and a new foundation was built. While at the site for a roof inspection, Bottenberg noted that the building inspector noticed the eaves on the north side of the residence were more that the allowed 1 1/2'. Soon after the City notified the builder, the applicant's brought on a new architect and builder. The new architect worked with the City to create a new set of plans for the proposed garage, which would meet a 10' setback. As the property was surveyed for the new garage, Bottenberg explained that it was determined the foundation of the new residence encroached into the side yard setback (9.6'-9.8') While the permits were granted off Plan 1, which showed the remodel and addition of a second story based upon the foundation and eaves meeting required setbacks; Plan 2 reflected the garage construction only. Bottenberg continued that once the surveyors were on site to stake the proposed garage location, it was determined that the foundation encroached 6" into the side yard setback. Bottenberg indicated that staff would recommend approval of the after-the-fact variance for side yard setback for encroachment of the foundation. However, after reviewing plan 1, in which the eaves met the required setbacks, staff would recommend the after-the-fact variance for the encroachment of the eaves into the side yard setback be denied and cut back to conform to required standards. Mr. Novak informed the Commission that the former builder had failed to get a new survey to lay the new foundation, and stated that if the eaves are to be cut back to less than 8-10" no brackets as designed could be installed on the building. He added that, in order to cut back the eaves, scaffolding would need to be erected to remove the brackets and shingles at a cost of $6,000-$8,000. After speaking to several of the neighbors, Novak indicated that their main concern was the repair of the existing non-conforming garage. He maintained that, if the Weatherly's were forced to change the roof and eaves, there would be little left over to improve the garage, and this would have to wait. There were no public comments. Rahn stated that he found it difficult to allow the excessive overhang of the eaves, although he could accept the foundation variance. Mabusth asked what length of overhangs staff or the Commission could support in the encroachment area. PAGE 23 of 26