09/19/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 19,2005 6:00 o'clock p.m. (#05-3150 TIM POWERS, CONTINUED) 2. A hardcover variance to permit 26.3 percent hardcover within the 75'-250' zone where 25 percent is normally allowed, 31.7 percent currently exists, and 28.6 percent was permitted by variance in 1997. Staff recommends approval of the rear yard setback variance with the condition that no stair access be permitted into the rear yard in an effort to eliminate unnecessary further encroachment. Staff finds there may be a hardship to allow replacement of a deck at the non-conforming setback of 13.6 feet where 30 feet is normally required. The existing home currently maintains the same setback and the previous deck encroached to within 8 feet of the lot line. Also,the variance resolution from 1997 indicates that in 1980 the deck was conforming and City records show a permit was obtained for a deck in June of 1981. Gundlach noted the west side of the residence contains a door for access onto a deck. With regard to the 75'-250' hardcover variance request, Staff finds that the findings of the 1997 variance remain in place,which permitted 28.6 percent hardcover. However, some of the conditions on the property have changed since then and the deck square footage has been reduced. The applicant is proposing a hardcover percentage of 26.3 percent. Staff finds that there may be alternatives to decrease hardcover on the property that the Planning Commission may want to consider. The Planning Commission should discuss what level of hardcover is appropriate within the 75'-250' zone given the following facts: 1. A reduction of 225.5 square feet of deck hardcover could place the property into conformance, still leaving 306.5 square feet for construction of a replacement deck; 2. A variance in 1997 permitted 28.6 percent; 3. The proposal results in a net reduction of 396 square feet from the 1997 approval. Tim Powers had nothing to add to Staff's report. Rahn inquired whether the applicant would be agreeable to removing the stairs off the rear of the deck. Powers stated there is a barbecue that has been constructed near the air conditioner and that it may be difficult to access that area if that portion of the deck is eliminated. Rahn noted the stairs increase the encroachment and would probably not be approved. Powers indicated he could possibly locate the stairs off to one side. Rahn opened the public hearing. PAGE 31