05/16/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 16,2005 6:00 o'clock p.m. 6. #05-3110 THOMAS AND SHEILA BROWNE, 760 BROWN ROAD SOUTH,VARIANCE, 8:51 P.M.—9:18 P.M. Sheila and Thomas Browne,Applicants, were present. Curtis stated this property is located on Tanager Lake,which is classified as a recreational development lake requiring a 100-foot structure setback. The applicants are requesting lake setback and hardcover variances in order to construct a second floor dormer and an attached garage addition to the north of their attached garage. Curtis noted the entire residence is located within the 100-foot structure and would require a lake setback variance. Planning Staff recommends approval of the lake setback variance in order to construct the second floor dormer,but recommends denial of the lake setback and hardcover variances for the garage addition. Curtis noted over half of the applicants' home is located within 75 feet of the ordinary high water level. However, should the Planning Commission find that a hardship exists with respect to the garage addition, appropriate hardcover removals should be discussed. Thomas Browne stated they purchased this property in 1977 with the understanding that there is approximately one acre of buildable land. Browne gave a brief history of the work undertaken on the house,noting that they took the original 980 square foot house and remodeled the house to bring the house up to code and make it livable. Browne stated their family grew over the years and they added on to the residence. Browne stated the approval in 1987 for the addition involved relocating the driveway from the south side of the house to the north side due to city and county safety concerns. Browne noted the Council at that time felt that the project was a great improvement to the property. Browne indicated hardcover was not an issue at that time. Browne stated in 1992 the government decided that wetlands would be considered part of Tanager Lake. Browne indicated three acres of his property was changed to a lake status even though the only open water is located at the farthest point from the house. Browne stated a fourth variance in 1993 was approved based on the amount of buildable space available. The City Council at that time found that conditions existed on the property that made this lot unique compared to other properties located in the same zoning district. Browne pointed out the existing hardcover was in existence in 1993. Browne stated the garage would be constructed over existing hardcover and the small changes being proposed will have no major effect on the character of the property. Browne stated one garage stall would not constitute massing on the lot and would not have a major impact on the neighborhood. Browne stated they experienced a greater hardship following the change of the wetland definition in 1993. PAGE 19