05-21-2001 Planning Commission Minutes

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r s MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 21,2001 ROLL The Orono Planning Commission met on the above date with the following members present: Acting Chair Sandra Smith, Commissioners Janice Berg, William Stoddard, and Daniel Kluth. Commissioners Jeanne Mabusth, Elizabeth Hawn, and Dale Lindquist were absent. The following represented City Staff: Planning Director Michael Gaffron,Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City Council Representative Jay Nygard was present. Acting Chair Smith called the meeting to order at 6:36 p.m. OLD BUSINESS (#1) #2636 GARY AND SUSAN CABLE,3532 IVY PLACE,VARIANCES, 6:37 p.m.—7:04 p.m. Gary and Susan Cable,Applicants,were present. Weinberger stated this application was reviewed and tabled at the November 20,2000 Planning Commission meeting. The Applicants are requesting a variance to the requirement that an accessory building can remain on the property without a principal building. The accessory building in this case is an ice house located near the lakeshore. A variance is also required to allow hardcover in excess of the 25 percent limit in the 75-250' setback. Weinberger stated the principal building was removed to allow construction of a new house. The property owners were issued a building permit with the understanding they would agree to uphold the decision by the City regarding the future use of the ice house. A Temporary Certificate of Occupancy was approved on April 19, 2001. A condition of approval was the ice house must be removed or get City approval, by variance,to allow the ice house to remain on the property within 90 days of the Temporary Certificate of Occupancy or a final Certificate of Occupancy could not be issued and the house not occupied. Weinberger stated the permitted hardcover in the 75-250' setback is 25 percent of the area, with the hardcover in the 0-75' setback being deducted from what is allowed in the 75-250' setback. The Applicants have proposed a driveway apron that would only provide access to two garage doors and would not provide access for the third stall. That arrangement eliminated the need for a variance that they had requested in the past. The City then issued the building permit to the Applicants because they were under the 25 percent hardcover limit. Weinberger stated when the 96 square feet of structural coverage for the ice house is included in the hardcover calculations,they are in excess of the 25 percent allowed by 50 square feet. The Planning Commission at its November, 2000 meeting had requested that if the Applicants choose to keep the ice house on the property,they would need to appear before the Planning Commission, with the advice that the City does not approve replacement of foundations for structures located within the 0-75' setback. The Applicants were also advised that if they wished to increase the amount of hardcover on the property,they would need to remove the ice house. The decision on how to use the 25 percent hardcover was left up to the discretion of the Applicants following the November meeting. PAGE 1