Laserfiche WebLink
MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, May 19, 2003 <br /> 6:00 o'clock p.m. <br /> (#7 #03-2893 JOHN AND ROBERTA HENRICH, Continued) <br /> minimum lot size of one acre and a lot width of 140'measured at the lakeshore and at the <br /> 75' setback. They were requesting variances to permit new construction on an undersized <br /> lot (0.66 acre) having a conforming lot width of 150'-157'. An average lakeshore setback <br /> variance is requested for an encroachment of approximately 8'by the proposed house. The <br /> existing detached garage will remain, requiring a variance to allow an accessory structure <br /> without a principal structure during the construction period. Also requested is a hardcover <br /> variance for the 75-250'zone to allow 37.71%where only 25% is normally allowed. <br /> Gaffron noted that the site plan centers the new house within the 75-250'zone meeting all <br /> required lot line setbacks but encroaching slightly past the average setback. The new house <br /> would encroach only 2-3' further past the average setback line than the existing house, and <br /> would have insignificant impact on neighboring views of the lake. The house location <br /> approximately 107' from the lakeshore meets the intent of the Comprehensive Plan for new <br /> structures. Gaffron continued that the existing detached garage is less than 20 years old and <br /> is in good condition. It contains a storage area below which fits well with the topography <br /> of the site. <br /> Once again, Gaffron stated that the primary concern is the hardcover variance request. The <br /> Planning Commission and Council have been fairly consistent in denying hardcover <br /> variances for new construction unless a distinct hardship can be demonstrated. He pointed <br /> out that structural coverage is proposed at approximately 2370 s.f. or 8.3 %, well within <br /> the 15 % limitation. <br /> With regard to bluff impacts, Gaffron reported that if the existing deck remains in place, it <br /> has a legal nonconforming status in regard to the bluff setback, as it was constructed in <br /> 1990,prior to the 1992 adoption of bluff ordinances as part of the Shoreland ordinance. If <br /> it is replaced, it will require a variance to the required 30' top-of-bluff setback requirement <br /> for structures. <br /> Gaffron explained that the proposed hardcover in the 75-250'zone is 6,280 s.f. or 37.71 %. <br /> The applicant has included in his letter of request a number of factors which he believes <br /> are hardships that support the variance request. These factors include the ability to park <br /> numerous vehicles off of Highwood Road which is very narrow and has only minimal <br /> ability for on-street parking. A hardcover variance was granted for the site in 1990 <br /> resulting in a reduction from 43.6% to 43.0% in the 75-250' zone. <br /> Whereas the house footprint is increasing in size from about 1240 s.f. to 1600 s.f. and the <br /> new house is not excessive for the lot, the ancillary hardcover is the primary issue for <br /> discussion. Gaffron maintained that it is staff's opinion that a site plan could be developed <br /> that would accommodate the proposed new home on this property without the need for a <br /> hardcover variance. However, that would require substantial changes to the character of <br /> the lot, and would potentially result in less off-street parking availability. <br /> PAGE 24 of 39 <br />