Laserfiche WebLink
MINUTES OF THE ORONO PLANNING COMMISSION <br /> Wednesday,January 17, 2001 <br /> (#2651 Stephen Longman Builders, Continued) <br /> shoreline was incorrectly identified six months into construction or when the house was 95 percent <br /> complete. Bupp stated that finding came as a complete surprise to them and puts them in the <br /> position that they are presently in. <br /> Bupp stated, number one,they have acted in good faith with the City and attempted to work with <br /> the City in order to comply with the various requirements, such as reducing the size of the <br /> driveway and the deck, regrading, and adding of gutters in an attempt to accommodate the requests <br /> of the City. Bupp stated he received a document from the City which includes a summary of the <br /> hardcover ordinance and how to calculate hardcover. Bupp stated nowhere within that document <br /> is there reference to setback to the adjacent property. <br /> Bupp stated the second point he would like to make is that the hardcover being requested tonight <br /> is only .44 percent for the driveway and approximately 1 percent for the patio. Bupp stated <br /> depicted on the approved site plan was the patio,the walkout, and the larger driveway. Bupp <br /> stated currently they have patio doors that open to nowhere, which makes them unuseable at this <br /> time without some type of stairway. Bupp stated that is their only access to the back yard, with their <br /> house being designed to access the back yard via the patio doors. <br /> Bupp commented in his view the irregular shape of the shoreline does have a negative impact on <br /> the property. Bupp stated if the irregular shape of the shoreline is taken into consideration with the <br /> property line,that results in the 75 foot setback for this area. Bupp stated the incorrectly identified <br /> shoreline was a complete surprise to both the City and himself, and this error of omission should be <br /> shared by the City and himself and should have been caught upfront during the planning process. <br /> Bupp requested the Planning Commission take that omission into consideration when considering his <br /> hardcover variance request. Bupp stated due to that omission,they have been placed into an <br /> impossible situation and have attempted to accommodate the City's hardcover limits as best they can. <br /> Longman stated he disagrees with City Staff that no hardship exists. Longman stated the fact the <br /> house has been constructed with a patio door designed to access a patio should be considered a <br /> hardship since they have acted in good faith through the application review process. Longman stated <br /> the variance law is designed to handle this type of situation, and requested that the Planning <br /> Commission take into consideration the irregular shape of the shoreline and the fact that the <br /> 75' setback was incorrectly marked and not discovered until the house was nearly completed. <br /> Bupp stated had the shoreline been correctly identified upfront, they would have taken the necessary <br /> steps to accommodate that. Bupp stated in his view they have done a good job of complying with <br /> the City's regulations and have tried to respect the neighbors' opinions throughout this process. <br /> Longman stated they are open to compromise and are not asking for much additional hardcover. <br /> Gary Thompson, Attorney-at-Law, stated he is here on behalf of Joseph and Jane Clemons,noting <br /> he has submitted letters to the City dated January 7`h and January 15, 2001. <br /> Kluth indicated the Planning Commission does have the letter dated January 15 in their packet. <br /> PAGE 9 <br />