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. (#9. #04-2992 RON POTAS, 2190 SHADYWOOD ROAD VARIANCES-Continued) footprint of the home. A hardcover variance is required because the existing hardcover is non-conforming at 42% when 25% is normally allowed. One minor change, not in hardcover but the envelope of the existing home, is that a covered entry is proposed over the existing stoop. The roof extension is proposed to be the same size as the stoop, which is approximately 4' x 8' or 32 square feet. This does not constitute additional hardcover but it is changing from merely hardcover to structural coverage. Gundlach added an average lakeshore setback variance is required because the existing home encroaches approximately 10 feet into the required setback. Because the applicant is proposing to build up in this non-conforming setback a variance is required. At the corner where the greatest encroachment into the setback is occurring, a full second story isn't proposed as illustrated in the elevations. However, pieces of the home that were currently flat or a ''V2 story will now be either pitched or a full story. It should be noted that the house to the southeast, where the greatest impact occurs due to the encroachment, was rebuilt in 2002 further from the lake than the past home creating the change in the average lakeshore setback line causing the applicants home to become non-conforming. Gundlach continued by addressing the hardships with each variance. Staff finds that a hardship exists to warrant approval of the side setback variance. The original home was constructed sometime in the 1940's with the attached garage constructed in 1973 at a setback 5.6 feet from the property line. Sometime shortly after that the Zoning Ordinance was adopted requiring a 10' setback. Where this non-conforming setback occurs the applicant isn't proposing a new story but rather a hipped roof where a flat roof exists. The Planning Commission should discuss the effects of going from a flat roof to a pitched roof in this non- conforming setback. Staff finds a hardship exists to also grant the hardcover variance. The property is currently at 42% in the 75' —250' zone when 25% is normally allowed. The applicant is proposing changes to the envelope of the building but not new hardcover where non-hardcover currently exists. Variances were granted in 1992 to allow construction of the lakeside deck and no illegal hardcover has been added since those variance approvals. The only notable change is that approximately 32 square feet of roof will be added over existing hardcover to create a covered entry. The Planning Commission should discuss adding structure where hardcover currently exists, and if any removals should be required to account for that change. Lastly, staff also finds that a hardship exists to grant the requested average lakeshore setback variance. The northeast corner of the home encroaches the furthest into the average lakeshore setback. The applicant isn't proposing a full second story at this corner but to change to a pitched roof where a flat roof currently exists. The house, at this corner tapers west to an encroachment of 2 feet. This piece of the home will go from a 1/4 story to a full story but any views the neighbor may have, if any, are minimally impacted. After conducting a site visit, staff Page 19 of 48