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) alley right-of-way in order to build a new single family residence on a lot 15,425 s.f. (0.35 acre) in area where 43,560 s.f. (1 acre) is required, 75' in width where 100' is required and side yard setback of 20' from the alley where 35' is required, stipulating that there will no other changes to the residence footprint (with a 36'diameter) when allowed to more flexibly locate the building between the side yard setbacks. In discussion, Chair Mabusth asked if a limitation on the footprint is needed, asking the applicant if they understood there could be not change in the residence footprint, even while allowing it to be more centrally located. Mr. Tiffany indicated there would be no changes to the footprint. VOTE: Ayes 7, Nays 0. 8. #04-3002 G & L LAND INVESTMENT, LLC, 740 NORTH ARM DRIVE,VARIANCE, PUBLIC HEARING (9:35-10:15 p.m.) Gundlach explained the application is for a variance to allow an existing non-confirming 2-level accessory structure, known as a boathouse and located at 10' from the 929.4 elevation, to remain on the lot in conjunction with a rebuild of the principal structure. Structures within the 0-75' zone are not permitted under the Zoning Ordinance nor does the boathouse, acting as structure and hardcover within the 0-75' zone,meet requirements set forth in the Zoning Code. In the City's view, Gundlach advised the lot is being rebuilt and is therefore subject to all standards within the Zoning Ordinance. This requires removal of the non-conforming boathouse that contributes to excess structure and hardcover with the 0-75' zone. Applicants are proposing to meet all other standards of the Zoning Code, including structural coverage and hardcover. She explained the applicants have contributed the hardcover associated with the boathouse to the 75'-250' zone and meets the 25%hardcover for that zone. Gundlach stated that during rebuilds staff has consistently recommended these structures be removed, as it is the only opportunity to eliminate a non-conformity. She recommended the Planning Commission discuss the hardships presented by the applicant consisting of topography and damage to the sewer line. Gundlach referred the Planning Commission to her written staff report in which she addressed the applicant's hardship claims. She summarized that she did not find that the applicants have any valid hardships and recommended denial of the requested variance to allow the boathouse to remain. Further, Gundlach suggested the Planning Commission should indicate if the easement along the shore should be pursued at this time of ownership transition and in conjunction with a building permit to construct a new home. She confirmed the Public Works department does need to get down to the manhole and sewer line that runs along the shore past the boathouse. Page 34 of 49