10/20/03 Planning Commission Minutes

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. (#11) #03-2957 JOSEPH THIES, 1180 WILLOW DRIVE NORTH, Continued 2. Rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required. 3. Rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required. Waataja stated that the applicant is proposing to tear down the existing attached garage and build a new garage with living space above and an 11 x 24 foot addition which connects the new garage and living space to the main house. The applicant is also proposing a detached garage to be located in the southeast corner of the property. Currently, the existing attached garage maintains a 43.5 foot setback to the rear property boundary when 50 feet is required. With the additions, the applicants are proposing a rear yard setback of 32.5 feet when 50 feet is required (11 feet closer than existing). In addition, the applicant is proposing a second story deck setback approximately 24 feet from the rear property boundary. Staff finds there are several hardships which would constitute a rear yard setback variance for the proposed attached garage and living space addition. The property is on its second septic system and the new mound system precludes any additions from expanding northwest as the mound and septic tanks may be disturbed. Also, the applicant's well is located directly north of the most eastern line of the house precluding any additions from going north as the well may be disturbed. The only other alternative would be for the addition to be constructed off the southwestern side of the existing house, however, the layout of the house would not be sensitive to that as the garage would be accessed through the living area rather than the kitchen. The existing setbacks and layout of the home would not support any addition to the south. Therefore, the only alternative is to expand to the east where an existing non-conforming setback is already occurring. The non-conforming setback would be increased by 11 feet, however, the adjacent neighbors would not be affected. The new rear yard setback would be 32.5 feet on a property which is under an acre in size. If the property were located in a one acre zone this 32.5 foot setback would meet the 30 foot required rear yard setback. Additionally, the applicant is proposing a rear yard setback variance to allow a deck to be setback 24 feet when 50 is required. Waataj a pointed out that staff does not find any hardship which would constitute this variance approval. The deck is not required, is for aesthetic purposes, could be relocated to the north side, and is accessible from only the master bedroom. Further, such a deck would not be permitted even in the V2 acre or one acre zones, since the minimum rear setback for those less restrictive zoning districts is 30'. Waataja continued, stating that the applicants are also proposing a 528 square foot detached garage in the southeast corner of the property. Any detached garage under 750 Page 22 of 29