07-16-2001 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 16,2001 (#01-2691 J. Eric and Christine Menge,Continued) located 12.27' from the side lot line where 50' is required, and a family room addition to be located 49.8' from the side lot line where 50' is required. A front yard setback variance is also requested to allow the garage addition to be located 32.6' from the street lot line where 100' is required, and the family room addition to be located 69' from the front lot line where 100' is required. Bottenberg noted the septic system has a capacity for 2 bedrooms, is non-conforming, and is required to be replaced by the end of 2006. Since the proposed plans suggest that additional space could be converted to bedrooms, it is recommended that a new system should be designed to accommodate more than two bedrooms if the additions are completed. She indicated two 12-18" ash trees will be removed to accommodate the proposed garage addition, but a 24"white oak will be saved by angling the garage addition. Bottenberg noted the neighboring affected property owner has submitted a letter opposing the magnitude of the setback encroachment. Menge stated he has lived in the area for 25 years and his family owns a business in Long Lake. He and his wife bought this home 5 years ago,knowing it would outgrow their needs. They are requesting variances to add a garage and living space which was designed to give them the most room for their budget, require the least amount of variance issues and cause the least intrusion to the neighbors. He noted the current structure is a "shoebox",with only a one-car garage when the standard has become three-car garages, and is non-compliant with current zoning codes. The design of the additions has been done for functionality, not aesthetic design. They would like to remain in the area and because of the lack of affordable housing,the best option was to remodel their existing home. Menge addressed some of the objections that have been voiced. 1) Setbacks are an issue since the current zoning is for five acres and their lot is approximately 1 acre, with neighboring lots at 3 acres and 1 3/4 acre. 2)Proximity and noise are of concern since the house to the north was built 25' from property line. It was suggested that they consider a different layout with only a one-car addition to the north and additional living space to the other side, or a garage addition to the other side or behind the house. They felt the current design was the best since fewer variances would be required,the cost was less, logistically it works with the current house layout, considerably less fill would be required, and fewer trees would need to be cut down. Tearing down and rebuilding did not seem economical because of the small building envelope and steep grade. 3) Steps have been taken to make the septic system compliant with the issuance of a building permit. 4)The appraised value of the project improvements will improve property values throughout the neighborhood. 5)All of the neighbors have approved the project. Doug Merz, 380 Turnham Road, stated he is the neighbor to the north and confirmed that the Commissioners had a copy of his letter indicating his concerns. He added the Menges have been great neighbors and this is a difficult situation. He commented that one of the reasons they moved to Orono was because of the open space. The proposed project brings the garage very close to his property line and is not typical of other development in the neighborhood. He has also consulted with realtors and has been advised the project could have a negative impact on his property value. He has suggested to the Menges that a 1 '/2 stall garage would be acceptable. Hawn confirmed that the garage is the only part of the proposed improvements that Merz finds objectionable. Merz stated PAGE 3