03/15/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#5. #04-2988 SEAN AND LEAH DALEY, 605 PARK LANE, AFTER-THE-FACT VARIANCE—Continued) The level of hardcover and the substandard setbacks are not uncommon in this neighborhood where small lots and lack of on-street parking make the give and take between unnecessary hardcover and safe vehicle parking a constant tug-of-war. This may help to explain the unapproved 220 s.f. gravel parking pad, the installation of which did not require permits from the City, however, this additional hardcover is reviewed at the time of a permit application and/or during a variance review. Although, the requests in this situation are not excessive, and although the hardcover reductions the applicants have done to the property have resulted in a better situation than when they purchased the property, staff still finds that this is no justification to allow retention of hardcover that would not have been approved if legally requested. The new deck is located 3.5' into the average lake setback. Although the applicants reconstructed the new deck no further toward the lake than the existing deck, the existing deck was constructed without City approvals and cannot be legally replaced to this extent without a variance. Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Staff finds that although the applicants replaced existing decks on their property and did not increase the size or the setbacks of these existing decks, the existing decks did not have City approval. However, due to the fact that size and location of the decks (which were replaced) were not approved by the City, there are no hardships for which to justify allowing bigger decks than were approved to remain. In addition, to base subsequent hardcover levels and approvals on unapproved decks would not be in keeping with the City's practice. Therefore staff does not find that a hardship exists to allow the current level of hardcover on the property. A letter from the applicant's neighbors, Shane and Kris Rudd, 601 Park Lane is included in the packet supporting the reconstructed deck because of increased safety and in receiving an after- the-fact variance for both the deck and the side yard setbacks (attached). Planning Staff recommends denial of the after-the-fact hardcover, structural coverage, and average lake setback variances. Applicants stated they were concerned that the existing decks on the property when they purchased the home were rotting and the second story deck was ready to fall off the house with large gaps in the deck boards that were dangerous for their children. The sellers did not tell them Page 12 of 48