10/17/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2005 6:00 o'clock p.m. (#05-3146 Mark and Pamela Palm,Continued) 1. A hardcover variance to permit 36.58 percent hardcover within the 75'-250' zone where 25 percent is normally allowed and 37.08 percent currently exists; 2. A hardcover variance to permit 38.10 percent hardcover within the 250'-500' zone where 30 percent is normally allowed and 41.27 percent currently exists. 3. Side yard setback variance to permit a side yard setback of five feet where 15 feet is normally required for a detached building in excess of 750 square feet and a 1.5-foot setback currently exists. The applicant applied for similar variances in March of 2002 to replace the existing garage with a 24' by 35' garage with storage above. Ultimately, approval was granted for a 22'by 34' garage and that variance approval expired on July 22, 2003. The applicant then submitted to renew that variance in early September 2005; however,upon receipt of the necessary plans, it was determined that the proposed garage dimensions were changing, causing the hardcover numbers to vary slightly and thus requiring review of an entirely new application. No other variances have been applied for or approved for this property in the past. Staff finds the proposal as submitted does not meet the spirit and intent of the Zoning Ordinance,nor does it fit within recent approvals for detached garages on similarly substandard lots. White the lot is substandard in area and width and has considerable depth requiring extensive driveway hardcover,which may all be hardships in the desire to obtain a garage,the 32' by 25',two story garage set back five feet from the side lot line is not reasonable based on recent similarly approved variances. Staff would also argue that the variances approved in 2002 are out of character with the current goals of the Planning Commission and City Council, and the current proposal is for an even larger garage. Staff recommends the Planning Commission consider the following: 1. As the property is extensively over on hardcover,it may be more reasonable to allow only a standard 24'by 24' one-story garage. 2. A second story garage would only be acceptable if all setback requirements could be met. 3. Would less hardcover be required if the garage were designed to front-load and be located right up to the 30 foot rear yard setback(rather than the 35' feet currently proposed)? 4. Would less hardcover be required if the garage remained side-loading but was pushed to the 15- foot setback from the street and 10 foot setback from the side lot line. Gundlach noted this neighborhood has experienced drainage problems recently, which have impacted the deterioration of the applicant's existing garage. Staff would recommend that the applicant's revised plan PAGE 15