10/20/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. (#10) #03-2954 HOWARD R. ALTON, HI, 1635 CONCORDIA STREET, Continued 1. Hardcover variance to allow 26.9% hardcover in the 75-250' zone when 25% is allowed and 24.5% currently exists. Waataja explained that the applicant received a building permit to construct a large addition to his home in November of 2002. The building permit consisted of the removals of 476 square feet of patio in addition to removals of driveway and sidewalk together totaling 866 square feet to meet hardcover requirements. With the 2,940 square foot addition these removals were required for the property to maintain a hardcover of 24.9% when 25% is allowed. Waataja stated that the applicant now requests a variance to allow 1,000 square feet of new patio resulting in hardcover of 26.9%when 25% is allowed. Waataja stated that staff does not find a viable hardship to grant approval of the hardcover variance request. The applicant removed patio hardcover in 2002 in order to construct an addition to the home. The applicant at that time could have adjusted hardcover amounts to allow for the proposed patio but chose to accept a 168 square foot patio. Should the applicant wish to construct additional patio, .5% could be constructed amounting to a total patio increase of 171 square feet for a total patio area of 179 square feet (including the 8 s.f. which currently exists). This would put the property at 25%hardcover and not require a variance. Therefore, Waataja stated that, staff would recommend denial of the hardcover variance to allow 1,000 square feet of patio in the 75-250' zone resulting in a hardcover percentage of 26.9%when 25% is allowed. Alton pointed out that he probably owned one of the largest lots on the lake and found it ironic that he was being denied a hardcover variance to construct this patio. He stated that his total hardcover was less than 10% of his property and that similar communities within the lake boundaries allow the 0-75' calculation to be included in the total equation. Alton stated that he chose to remove his boathouse on his own, instead of waiting to use it as part of a trade-off for his patio. He maintained that the one size fits all policies of Orono are difficult to fathom for many residents. There were no public comments. While Mabusth stated that these exact points had been discussed at a recent work session, she commented that it was unfortunate the applicant did not plan for the addition of a patio in 2002. Alton indicated that he had several sets of patio doors which he would like to have a patio to exit onto. He pointed out that he had deeded a portion of his lot to the neighbor when he purchased the property, as well as,paved the cul-de-sac himself. Page 20 of 29