03/17/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2003 6:30 o'clock p.m. (#02-2864 JOSEPHINE CARPENTER, Continued) Chaput reported that the applicant was requesting a variance to permit construction of a 408 s.f. (16.8'X24.4') detached garage closer to the front property line than the principal residence. She explained that, in August 2002, the original 239 s.f. (20.1'X11.9') garage burned down on the property and the applicant wishes to replace it in approximately the same location and directly adjacent to a second nonconforming garage which was not destroyed. Given the odd lot configuration, Chaput stated that the detached garage would be placed approximately 19' from the west side lot line and about 346' from the rear lot line. She reviewed the numerous issues for consideration for the Commission and stated that staff recommends approval of the requested variance to permit construction of the 408 s.f. (16.8'X24.4') detached garage closer to the front property line than the principal residence, with the three conditions noted in the staff memo dated March 6, 2003. Mr. Lovett informed the Commission that the applicant had decided to rebuild the garage in the same dimensions (20.1'X11.9') as the one that had previously burned. Chair Smith asked what the additional nonconforming sheds were used for. Lovett explained that he owned a landscaping business and had kept some of his equipment in the sheds, but would be moving those to a different location. He indicated that Ms. Carpenter would be using them for her own storage. Chaput stated that, given the odd shape, the only logical location for the sheds and garage is where proposed. Rahn stated that he had no issue allowing the applicant to replace what had burned down and asked if the applicant had any problems with regard to the required removals. Lovett stated that he believed the applicant could accept the removals in order to get the new garage. He indicated that he would also apply for a permit to continue residing. There were no public comments. Hawn moved, Chair Smith seconded,to recommend approval of Application #02- 2864,Josephine Carpenter,480 Russell Avenue, granting the requested variance to permit construction of the 239 s.f. (20.1'X11.9') detached garage closer to the front property line than the principal residence, with the following conditions: 1. A building permit application be made for residing the existing detached garage. 2. The canvas covered shed must be removed from the property prior to building permit application since it is not a definable structure by building code. 3. The two existing metal sheds without building permits must be removed from PAGE 7 of 24