01/20/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 20, 2004 6:00 o'clock p.m. (#03-2962 ROBERT AND JOANNE SWITZ, 1740 SHADYWOOD ROAD, VARIANCE—Continued) The applicant has submitted new plans for a house that meets the 15%requirement. Also included is a conservative driveway of 1,000 s.f., a 53 s.f. stoop, 60 s.f concrete walk bringing the proposed hardcover to 36.4%. Gundlach stated that the applicant had also indicated that a 12' x 12' patio/deck would be incorporated into the new plan; however that is not shown on the new survey. If a 144 s.f. patio/deck were incorporated the hardcover would rise to 37.6%. If the proposed 16' x 16' patio/deck is added instead, it rises to 4,409 s.f. or 38.6%. The applicant is proposing to remove all hardcover in the 0-75' zone, including the boat house which isn't reflected in the revised survey. The shed that exists in the 75' —250' zone is also proposed for removal. The applicant is proposing 4,409 s.f. of hardcover, or 38.6% in the 75-250' zone. These numbers include a 16' x 16' patio/deck which is not shown or calculated on the revised survey. A hardcover variance must be granted in order to approve the 38.6%hardcover in the 75' —250' zone. Gundlach relayed that some hardships exists that could support approval of a hardcover variance. The lot is quite shallow if you consider its depth. This is limiting when calculating hardcover. To quantify the impacts of lot shape on hardcover, a lot with the exact same lot area(0.473 acres) would have an optimum 75-250' hardcover allotment if its dimensions were 250' x 82.5' which would yield a 25%hardcover of(175 x 82.5 x .25) = 3,609 s.f. Therefore, the lot shape hardship could justify a hardcover level of 3,609 s.f, 800 s.f less than what the applicant has proposed. Also,because the lot is located on Shadywood Road, a hardship exists in that more driveway than normal is required in order to allow for a back-up apron. The applicant has proposed a 1,000 s.f. driveway. This is essentially a 3-stall wide driveway that tapers towards the road. It should be noted that other similar lots have been held to much narrower driveway tapers to meet the hardcover limits for rebuilds. The Planning Commission should discuss to what extent a hardcover variance should be granted, and what hardships allow what level of hardcover excess. Gundlach indicated that staff would recommend the following: 1. Approval of the lot area variance to allow a rebuild on a lot which is 0.47 acres in size when 0.50 acres is normally allowed. 2. Approval of a hardcover variance as the shallowness of the lot and the need for a back- up apron provide hardships inherent to the property. Acting Chair Mabusth inquired as to how much hardcover existed in the 0-75' currently. Gundlach stated that 2050 s.f. currently exists in the 0-75' zone, which would be entirely removed in the new proposal. PAGE 11 of 53