09/21/1992 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1755 - CONT. Row I et to said that it cannot be placed i n the rear of the house because that does not leave an area to park. Bellows reviewed the requirement for a 10' separation setback, but felt that was not an issue here because the property has access from both Shadywood Road and Olive Avenue. It was moved by Cohen, seconded by Bellows, to recommend approval of Application #1755 for Leonard Niska, 2304 Shadywood Road, for after - the -fact conditional use permit and variances for a shed, conditioned on if a garage is proposed, it would have to be an attached garage, and it or any other structure to be built on the property would require the removal of the shed, and the applicant paying the required penalty fees. Ayes 7, nays 0. ( #5) #1761 MARK A. HUNSLEY, 3464 EASTLAKE STREET - AFTER- THE -FACT VARIANCE - PUBLIC HEARING 8:08 - 8:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mark Hunsley was present for this application. Gaffron explained with the plat of Bayside Beach, an outlot was created to accommodate the gray water mound septic systems for the three adjacent lots. All three property owners technically own the outlot, but only one is listed as owner for tax purposes. The 12'x16' shed is used by all the neighbors for the storage of lawn equipment. The shed is set back 5.9' from the street and encroaches in the 10' drainage and utility easement. The Public Works Department has confirmed that this has not created a problem with the installation of sanitary sewer. There is a fence near the shed and a large w i l l ow tree around it so it is not v i s i b l e from the street. He explained that the code does not designate setbacks for outlots, but if it were to meet the setbacks of the 2 acre zoning district, it would need to meet a 50' setback which would place it in the middle of the outlot, thus becoming more obvious. Bellows asked how they address the issue of having an accessory structure without a principal structure. Gaffron stated they would need to approve a variance for the shed. lo He added the outlot is under control of the three adjacent property owners, which may set this request apart from other requests for accessory buildngs without principal buildings. 7