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. (#04-2971 HICKORY FINE HOMES INC.,3220 AND 3240 WATERTOWN ROAD, LOT LINE RE-ARRANGEMENT—Continued) may even take the position that the applicant can't build over the creek bed. Henderson stated that,having spoken with the MCWD, he had been led to believe that they would accept this proposal. While Acting Chair Mabusth stated that she would find it difficult to require additional park dedication fees and stormwater trunk fees being charged to the applicant, she would defer this to the legal department. Hawn concurred. Acting Chair Mabusth moved,Bremer seconded,to table Application#04-2971, William and Roslyn Henderson,/Hickory Fine Homes, 3220-3240 Watertown Road, a proposed Preliminary Subdivision and Lot Line Re-Plat pending receipt and City Engineer review of requested driveway and creek crossing plans.VOTE: Ayes 6, Nays 0. (#12) #04-2972 ROBERT KNUTH AND MARY THOMPSON, 2700 WHITE OAK CIRCLE,VARIANCE (8:43-8:53 P.M.) Robert Knuth, the Applicant, was present. Curtis explained that the applicants are requesting a front yard setback variance and a side street(right-of-way) variance to allow a porch with pergola 45.1' from the front lot line where a 50' setback is required and 35' from the street right-of-way where 50' is required and a 40' setback exists currently. Curtis pointed out that the applicants home is situated nearly at the front yard setback line of this expansive 2.1 acre property. In order to avoid encroaching the approved alternate septic system soil treatment site when the home was first built in 1978, the home was constructed 56.1' from the front property line, 5' from the required 50' setback. Along the western property boundary between 2700 and 2715 White Oak Circle a continuation of the road right-of-way exists. This right-of-way is currently and indefinitely not used as a traveled road, and is open space. The home is currently located 40' from this street side yard where a 50' setback is required. Due to the angle of the home on the lot, the proposed porch addition would extend 5 additional feet into the required side street yard. Curtis pointed out that the property is located on a cul-de-sac and the property owners wish to create a"neighborly feel"to their home with the addition of the covered front porch. Due to the close proximity to the front yard setback, any modification greater than 5' off the front of the home requires a variance to front yard setback requirement. PAGE 25 of 53