09/15/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2003 6:00 o'clock p.m. (#6 #03-2929 JEFF MARTINEAU, Continued) Bremer moved, Rahn seconded, to recommend Approval of Application #03-2929, Jeff Martineau, 2565 North Shore Drive, granting a Conditional Use Permit for plumbing in an accessory structure for a 3/4 bath, including shower/stool/sink, (excluding a kitchenette) subject to concurrent removals of excess hardcover to result in a final hardcover not exceeding the site's hardcover allotment of 7530 s.f. for the area between 0-250' and code restrictions on use of that structure including that it: - cannot be used for a home occupation unless allowed by home occupation ordinances - cannot be used as a dwelling unit unless Guest house CUP is obtained - cannot be rented, leased, or otherwise provided for use as dwelling. VOTE: Ayes 7, Nays 0 NEW BUSINESS (#7) #03-2938 SANDRA S. LARSON, 540 ORONO ORCHARD ROAD SOUTH, VARIANCES, 7:24—7:44 P.M. Kelly Perry, daughter and representative for the Applicants, was present. Foth explained that the applicants request side yard and street setback variances in order to construct a 10' x 28' addition to the north side of the existing home. The proposed addition would not encroach further into the street setback than that of the existing home, however, would make a conforming side yard setback non-conforming. The proposed addition would encroach 10' into the currently conforming side yard setback,while there is ample area on the west side of the home to add 282 s.f. of additional living space. Since the property is split down the middle by a public alley right of way, this results in the necessity for a rear yard setback in the center of the property. A fence exists on the alley right-of-way approximately 20' north of the property line between 540 and 550 (property to the south). The alley has historically served only the 540 and 500 Orono Orchard Road properties; however, a recent home addition and garage reorientation at the 500 address has changed the use of the alley. In summary the alley now serves 540 Orono Orchard Road exclusively. While the Planning Department Staff recommends the following: 1. Approval of the street setback variance, since staff finds that a hardship exists to allow the decreased setback to the rear yard due to platted right of way which splits the property in half 2. Denial of the side yard setback variance, since staff does not find a hardship to support the side yard encroachment thus making a currently conforming setback non-conforming PAGE 9 of 25