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. (#11) #03-2957 JOSEPH THIES, 1180 WILLOW DRIVE NORTH, Continued square feet must be located behind the house and 10 feet from the side and rear property lines. The applicants are proposing a setback of 5 feet from the rear property line and 12 feet from the side property line. Waataja indicated that staff does not find any hardship which would constitute this variance approval. The required setback is 10 feet and there is adequate room for the garage to be shifted west to meet the setback and not interfere with the house. To do this, the applicants may be required to construct a 22 x 22 foot garage rather than a 22 x 24 foot garage to maintain a 10 foot separation from the house, and staff believes this can be achieved without any variances. In summary, Waataj a indicated that staff recommends the following: 1. Approval of the rear yard setback variance to allow an attached garage and house addition to be setback 32.5 feet when 50 feet is required due to limited alternate locations available for expansions, that the lot is substandard in size, and that the variance will not negatively impact the adjacent neighbors. 2. Denial of the rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required due to it not being a necessary component of the addition and that it could be relocated to meet all required setbacks. 3. Denial of the rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required because the garage can be shifted to meet the setback. Mr. Thies stated that, while he could appreciate staff's revised garage position recommendation, he voiced concern about backing out of the attached garage and bumping into the detached garage. He pointed out that he had attempted to shorten the garage depth knowing that there were tight parameters. With regard to the deck, Thies asked whether he could be allowed a landing and steps to the ground from the master bedroom if no deck were approved. Waataja stated that an access in and of itself is an allowed encroachment; however, Gaffron pointed out that it may not be an allowable encroachment in addition to a current encroachment. Rahn questioned what the hardship was to tear down one garage, build a new one, and add a second detached garage to the property. Hawn asked what the intended use of the detached garage would be. Page 23 of 29