05-20-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 20,2002 6:30 o'clock p.m. (#02-2786 JOHN JONES,Continued) Mr. Jones once again asked for clarification on this point. He asked, if the Commission could agree that 40%of the third level, or half story,was less than the defined five feet, could he take that back to his architect to complete his plans and move his application forward for approval. Betsy Nusbaum, 3480 North Shore Drive,neighboring property owner, stated that if the Commission took the time to look around the lake area,they would clearly see that many homes have a usable third story,or half story. She asked the Commission to determine what it will take in order for them to work with Mr. Jones so that he can meet both the height and story requirements. Mr. Jones asked for further definition of a basement or walkout. Gaffron pointed out that a walkout basement is defined as such,rather than as a story, if 50%or more of its walls are covered by dirt, and not built up artificially from existing grade. The measurement is taken from the pre-existing grade of the property. Ms.Nusbaum maintained that there seems to be too much gray area and not enough definition. She pointed out that many lots on the lake are and will be non conforming no matter what you do; however, people need to be able to work with what they have. Approximately five years ago, she stated that her family went through the same process that Mr. Jones is having to endure. At that time, she had hoped improvement in the process would have occurred in order for people to avoid having to repeat the same steps over and over again. She asked whether there are no more definitions available to the public than there were five years ago. Hawn questioned whether it would be possible to permit certain exceptions, after determining certain circumstances exist,which would allow for certain things. Kluth commented that this could be precedent setting, since this case does not follow the letter of the zoning code. Hawn voiced her concern over the mass that might exist by allowing three story castles to overrun the area. Mr. Jones maintained that while what he proposes is by no means a castle,they have tried to stay within the zoning code and even worked in a tuck under garage which uses up much of their valuable space. Rahn stated that the Commission is obviously having a difficult time giving Mr. Jones guidance on this matter. The Commission views this building as a three story dwelling which they cannot support. PAGE 9