08/18/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2003 6:00 o'clock p.m. (#8#03-2917 WINFIELD AND NANCY STEPHENS, Continued) from a designated creek to all structures. The applicants property is adjacent to Stubbs Bay Creek and is therefore located within the 0-75' setback zone. The applicant's current home maintains a 68' creek setback. With the applicant's proposal, a second story is proposed for the section of the structure that is within the 0-75' setback zone. Waataja noted that even though the creek setback isn't changing, structure massing is and a creek setback variance is required for the second story. Due to structure existing within the 0-75' creek setback, a hardcover variance is required as well. Currently 325 s.f. of structure exists in the 0-75' zone. The applicant is proposing to add a second story which doesn't increase the hardcover but adds mass to the 0-75' zone and results in a variance. Because the applicant is doing substantial renovations which amount to a rebuild, staff would recommend that all structure within the 0-75' zone be eliminated. Waataja indicated that it would be staff's recommendation to: 1. Approve the lot area variance to allow a rebuild of a .455 acre lot in a 2 acre zoning district. 2. Approve front, side and rear yard setback variances due to the .455 acre lot size located in a 2 acre zoning district. 3. Deny the hardcover variance request to allow 2.7%hardcover in the 0-75' zone to be consistent in requiring 100%removal of hardcover in the 0-75' zone with all rebuilds and lack of a valid hardship. 4. Deny the creek setback to be consistent not allowing structure in the 0-75' setback zone. 5. Approve the hardcover variance request to allow 43.75% hardcover in the 75-250' zone due to the limited buildable area in the zone. Chair Smith questioned if the neighbor had been contacted for his comments on the proposal. Waataja stated that no comments had been received. Chair Smith questioned whether the single story that exists in the 0-75' setback zone could remain without the addition of the second story. Stephens indicated that he would leave the corner in the 0-75' setback single story if it were allowed to remain, adding that he could accept the 30' setback in the back as well. Rahn concurred with Chair Smith, and asked if the single story corner could remain. Hawn disagreed, stating that if the structure were to be viewed as a total rebuild, versus a remodel, the City should enforce the removals in the 0-75' setback zone. Chair Smith asked what part of the original structure or foundation was remaining. PAGE 3 of 30