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. (#7. #04-2990 PATRICK AND LORING KAVENEY, 1444 BALDUR PARK ROAD, VARIANCE-Continued) where the lot of record does not conform to the requirements of the zoning district. The hardcover variance is not an uncommon request for this neighborhood. The city code 78-1403 allows the applicant structural coverage on their lot of 15% or 1500 square feet, whichever is greater. The 1500 square foot footprint consists of 29%hardcover within the 75'-250' zone. With the addition of the driveway, minimum sidewalk and deck all meeting setbacks of the zoning district, this brings the property to 44.98% hardcover within the 75'-250' zone with having zero percent hardcover in the 0'-75' zone. As the size of the lot serves as the hardship in this situation, planning department staff recommends approval of the variances as requested. Chair Smith said it looks like driveway access looks adequate and is asking Curtis if she agrees. The property has reached maximum hardcover and the city doesn't want applicants coming back asking for more driveway. Staff responded that it is a two-car wide driveway that tapers at the road. There were no public comments. Bremer stated this application should be used as a model. Bremer moved, Rahn seconded to approve Application #04-2990, Patrick and Loring Kaveney, 1444 Baldur Park Road approving the requested variances for lot area, lot width and hardcover and according to the application numbers and find that the hardship here is the lot width. VOTE: Ayes 7; nays 0 8. #04-2991 PAT FLEMING,4760 NORTH ARM DRIVE W. VARIANCE (8:05-8:10 P.M.) Pat Fleming, the applicant was present. Curtis stated that the Fleming property is located within the RR-1B, two-acre minimum zoning district. The applicant is requesting variances from the 50' front yard setback requirement as well as a variance from City Code 78-1435, which requires detached garages and accessory structures to be located behind the principal building setback. A creek bed runs down the side of the"L" shaped property with the home and the existing driveway on the eastern half. Septic systems soil treatment areas are located directly behind the home to the north. Therefore, due to topographic features, the location of the septic system and the orientation of the home on the property satisfy that there is a hardship to allow for the detached garage to be located in the front of the principal building. Staff, however, does not find a hardship for the encroachment of the required 50' front yard setback. Page 16 of 48