04/19/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (7. #04-3001 STEVEN AND MARCIA TIFFANY, 1325 REST POINT LANE, VARIANCE— Continued) southwest property line, which serves as a private driveway for the property owner to the northwest. Curtis illustrated the alley location noting that the alley is paved and a wooden retaining wall blocks the alley from through traffic from North Shore Drive. Staff recommends approval of the requested variances, finding there is a hardship to justify granting a street setback variance. Hardcover and structural coverage area are considerably under the allowed limits, and the fact that the lot was assessed for sewer makes the lot width and lot area variances a formality in this situation, and the lot size is similar to that of many other developed lots in the neighborhood. Chair Mabusth invited comments from the applicants. Mr. Tiffany stated that most of the hardcover location is in the 250'-500' hardcover zone location, and at 14.9% are not even close to the hardcover limits for the 75'-250' range. Chair Mabusth asked for public comments. There were none. Rahn questioned the applicants if they had 10' side setbacks on both sides would they still have crowded that side or would they have placed the building differently. Rahn indicated he walked the site and wondered if a more centrally located building site would help with surface water run-off. He suggested consideration of not limiting the SW side setback to 29' allowing more encroachment to improve drainage. Mr. Tiffany stated they would welcome the option to locate the home more centrally on the lot and the neighbors on the side opposite the alley would probably like having the building moved more towards the middle. Rahn commented that the side yard setback is really adjacent to an alley but it is really a driveway used by only one property owner. He suggested situating the building within a 10' and 10' side yard setback. Chair Mabusth explained that on her site visit she wondered if the alley could be used by the subject property. Mr. Tiffany responded that initially they, too, wondered about its use but after observing a vehicle maneuvering on the steep alley, they were not interested in using it. Rahn asked Gaffron for his opinion on what recommendation to make to allow the building location flexibility. Gaffron recommended the Planning Commission determine a specific dimension to recommend for approval. Rahn moved, Bremer seconded, to approve Application #04-3001, Steven and Marcia Tiffany, 1325 Rest Point Lane, granting variances for lot area, lot width, and side street setback from an Page 33 of 49