07/17/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2003 6:00 o'clock p.m. (#8 #03-2907 JEFF AND CARA ZIEBARTH, Continued) d) Drainage is still a concern, although from staff's perspective the most recent plan will actually reduce the magnitude of overland drainage from the rear half of this site. Staff believes the drainage issues are not made worse with this plan, and a suitable drainage plan incorporating swales and roof gutters can be devised to reduce any current drainage problems. When designing his proposal, Mr. Ziebarth stated that he believed hardcover to be the most important element of the design, as opposed to setbacks. He indicated that the biggest challenge he faced was the sewer easement, and the struggle to meet several requirements, and still get what they need for livable space. Ziebarth contended that, under the allowable calculations, he would only be allowed a 500 s.f second story if he were required to meet 10' side yard setbacks. He indicated that he had assumed they would be allowed to construct a second story above the existing first story. Chair Smith stated that the revised drainage plan seems doable and that the second story could encroach into the 0-75' setback; however, the side yard setbacks remain the issue. She stated that feedback from the neighbors at the last Commission meeting and letters in the packet still contend this to be an issue. Ziebarth stated that, in his opinion, his home has been overshadowed by neighboring properties, and that a precedent has already been set to the south allowing the second story, albeit further from the lot line. Kirk Otteson, 710 North Arm Drive, the neighbor to the south, indicated that his home is compliant 23' from the property line. He stated that, as proposed, this home would be larger than his home on a smaller piece of property. He maintained that if the home were located just 2' from his property line, and still two stories tall, the impact would be 10 times worse than his, which is compliant. Otteson stated that he was not allowed a walkout design; therefore, went with the two story plan. He objected to a two story home located 2' from his property line. Chair Smith asked for the applicant to comment on staff's recommendation that the garage be shifted. Ziebarth stated that moving the existing structure would compromise the layout of the house. He maintained that the design and look of the house would be substantially changed and that shifting the garage over would drastically block the house and any sunlight from its southwest corner. Chair Smith asked for Ziebarth to comment on the second story recommendation. Ziebarth stated that a 490 s.f. second story would look odd sitting atop the home. Chair Smith stated that the Commission could vote on what was in front of them or table the PAGE 10 of 37