04/21/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 21,2003 6:00 o'clock p.m. (#7 #03-2885 GERDA AND ED TOTH, Continued) with City staff and the homeowners of both applications, they have proposed to pull both homes out of the 0-75' setback zone and reduce hardcover from 46%to 38%. Ms. Hurr, a past Council and Commission member, reminded the Commission that the two parcels being combined could be sold as 2 substandard lots. Instead, the applicants have proposed to do the `right thing', which is to combine the two lots into one useable parcel. MacDonald maintained that the applications present a better lower impact alternative to the City, taking into consideration the unique situations posed by the topography of the sites. He believed that the end results get to the heart of, or the intent of the ordinance, which is to consider the plight of the landowner and the hardship that 50' lots, zoned as if larger, places on residents. Killian commented that his lot, 1300 Spruce Place, is a unique fan shaped parcel which places a disproportionate amount of land in the 0-75' setback zone. He argued that granting him a variance would not alter the essential characteristics of the property, and in fact, would enhance the parcel by eliminating the hardcover in the 0-75' setback. Although economic consideration alone is not an allowed hardship, Killian pointed out that they have gone to the added expense of returning the parcel to its former state. MacDonald noted that special consideration should be given to features unique to the land, but variances can also be granted to preserve the enjoyment of substantial rights of the property owners. He maintained that strict enforcement of the ordinance would prevent enjoyment for his applicants based on the V2 acre usable lot only being allowed 1100 s.f. when zoned as a larger parcel. Hurr mentioned that she and the architect had met with several neighbors over the weekend. Nancy Anderson, 1260 and 1270 Spruce Place, supported construction of the Toth home. She found it to be a lovely design and felt that special consideration should be given to the Toth's who she hopes could restore the original grade,which was changed illegally by previous owners. She stated that she was led to believe that lot 1290 was an unbuildable lot and questioned whether this was the case or if it could be sold as a substandard lot. Mrs. Anderson felt the new home would be a positive addition to the neighborhood in light of the past drainage issues caused by the illegal grading. John Walker, 1310 and 1318 Spruce Place, stated that the street is comprised of a number of new homes and remodels which has been a long time coming. He indicated that the small neighborhood was a cohesive group and believed the hardcover removals in the 0- 75' would be a benefit to the neighborhood. PAGE 31 of 40