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MINUTES OF THE ORONO PLANNING COMMISSION <br /> Wednesday,January 17, 2001 <br /> (#2651 Stephen Longman Builders, Continued) <br /> being constructed on either side of the house to direct water around the house and gutters being <br /> installed on the north side of the house to direct the water toward the lakeshore. Drainage has been a <br /> concern with this application since the property was more fully developed than what had been in <br /> the past and due to the close proximity to adjacent structures. <br /> Weinberger indicated the Applicants are requesting a variance for the driveway. If the driveway <br /> is expanded, it would result in hardcover beyond the 25 percent limit. Weinberger noted the <br /> Applicants currently are at the 25 percent hardcover limit with the items that have been omitted. <br /> The second item that was omitted is the patio, which is now depicted as a grassy area. The <br /> Applicants are requesting a variance to construct the patio. Weinberger stated the original plan <br /> had intended for there to be a full patio door with a walkout. At the present time there is no way to <br /> access to the ground, with any type of access requiring a variance. Weinberger indicated there is <br /> approximately a three to four foot drop from the patio door to the ground. <br /> Weinberger stated the State Building Code does not permit a door to open out without a safe <br /> landing. The City of Orono has required that the patio doors be permanently fixed so they cannot <br /> be opened. Weinberger indicated the natural grade of the land has been altered to accommodate <br /> a step-down patio in this area. Weinberger stated the grading that has been done in this area <br /> was approved. Grading in excess of two and a half feet would be considered an encroachment on <br /> the average setback. Being that it is a ground level patio,that area could be paved (with a <br /> variance) without it being an encroachment into the setback. <br /> Weinberger stated in order for a variance to be granted, a hardship inherent to the land must be <br /> demonstrated. The property owners have stated that had they been aware of the hardcover <br /> limitations in this area they would have been able to redesign the house to meet those standards, <br /> and at this time are requesting a minimal patio and a little additional driveway space to enable <br /> better maneuvering of a vehicle due. <br /> Staff is making a recommendation of denial on this application since it is new construction and <br /> the Planning Commission and City Council have been consistent in the past on adhering to the <br /> 25 percent limit. Staff does not feel a hardship has been demonstrated that is inherent to the land. <br /> Weinberger stated the only possible hardship that could be considered would be the irregular <br /> shape of the shoreline, which has caused more of the property to be considered within the 0-75' <br /> setback area. <br /> Bupp indicated he understands they are at 100 percent of their hardcover allowance at this time with <br /> the present design of the house. Bupp stated as way of background,this property was essentially an <br /> unused lot with a small cabin having been located on the lot. Bupp commented it is his opinion the <br /> neighbors in the area adopted this land as a small park and are having trouble dealing with the <br /> inconvenience or imposition of the construction of a new residence. Bupp stated the construction <br /> has caused some distraction to the neighbors as well as some damage to a grassy area, which has <br /> upset the neighbors, and which he has apologized for. <br /> Bupp stated due to the neighbors' concerns, the construction of their residence has been very <br /> carefully scrutinized. Bupp stated although their plans were approved by the City,they were <br /> requested to resurvey the property a couple of times, which resulted in the finding that the <br /> PAGE 8 <br />