09-16-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2002 6:30 o'clock p.m. (#3) #02-2813 MARK WELSH,3625 NORTH SHORE DRIVE, Continued backout area beyond the driveway is not possible due to the extreme slope of the hill leading to North Shore Drive. Nor would the removal of part of the hillside that supports the County Road and the construction of a retaining wall system offer a feasible alternative either. While this property does require a lot area and lot width variance, Weinberger stated that due to the decreased width of the driveway and its `inconsistency with the alignment of adjacent houses' staff could not recommend approval of the application. He added that staff would support any plan that would result in the house not encroaching further into the driveway than the existing house and not within 50' of the lakeshore. Both conditions which could be met by removing the roof overhang from the lakeside of the house and reducing the prow to 4' rather than 4.5'. There were no public comments. Mr. Welsh explained that the residents along the driveway maintain the driveway themselves and, according to his calculations, he felt 19' of road access would be more than adequate for the driveway. Welsh pointed out that the prow had always been a part of the original design for the home, whereas the revised proposal merely bumps it out 4.5'. Based on conversations with his neighbors, Welsh maintained that they have expressed their support for his plan and have no concerns. Chair Smith pointed out that, oftentimes, small lots offer certain limitations. She questioned how they might avoid infringing on the lakeshore and the northern driveway access as well. Jeanne Welsh maintained that, even with the 5'-6' encroachment, they would still offer greater access to the road than allowed by the first residence along the driveway. She argued that what they have proposed protrudes no more than the garage of the first neighbor. Chair Smith indicated that, with redevelopment, this provides the Planning Commission the opportunity to strive to meet one of its goals, which is to get closer to what is required by the code. Given the opportunity to redevelop the first parcel as well, Smith indicated that they would strive to move the garage off the road access just as they are here. Weinberger stated that, based on redevelopment of this property, the Planning Commission should consider what precedence it would like to set for the redevelopment of this whole street. He cautioned that narrowing the driveway to a 16' corridor, (16' according to his survey), sets a development standard for the entire road. Mr. Welsh stated that he has had difficulty obtaining cross easements from his neighbors, and in fact, the other two end properties do not have cross easements on his property. He has only been granted 10' cross easements by his neighbors along this driveway. Furthermore, Welsh stated PAGE 3