05/17/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. (7. #04-3006 AULIK COMPANY ON BEHALF OF BARTHOLOMEW AND ELIZABETH T. BUTZER,Continued) Gaffron summarized Application#04-3006 requesting a hardcover variance in order to construct a new detached garage with recreation room,to permit 30%hardcover in the 75'-250' zone when 25%is normally allowed and 33% currently exists. The application also requests a conditional use permit to allow plumbing in an accessory building. Gaffron explained the applicants recently acquired the property in November 2003 and wish to remove the existing building and construct new within all setbacks. The proposal includes a reduction in hardcover and removal of several structures currently lying with the wetland setback. Although a net reduction in hardcover is proposed, a hardcover variance is still required due to the transferring back of the 0-75' hardcover bringing the total proposed hardcover to 29.7%. Gaffron emphasized that several existing non-conformities will be removed with the existing detached garage. With the proposed detached garage/recreation room non-conformities are eliminated and hardcover will be reduced 1,590 s.f. or 3.67%. He indicated staff finds that sufficient hardship exists to recommend granting of the hardcover variance. Gaffron indicated that it is staff opinion that the proposed recreation room above the 3-stall garage,which will include a 3/4 bath and hot tub,met all criteria for granting a conditional use permit to allow plumbing within an accessory building. Gary Aulik,representing the applicants,noted the site constraints, including shared drive-way,wetland setbacks and shoreline setbacks, acknowledged they studied the possibility of eliminating the circle driveway but to do so would reduce net hardcover less than .5% and net result is a less than attractive visual hardcover, seeing a lot more hardcover upon approaching the property. He observed there is more hardcover required by leaving the garage where it is but they think it is `friendlier' to the wetland,more appropriate for the site and provides better and more usable site storage from what exists today. Mr. Aulik stated the applicant thinks they have done what they could to reduce the net hardcover percentage with the pre-existing hardships on the site that are difficult if impossible to overcome. Chair Mabusth asked for public comments. There were none. Chair Mabusth asked if there is a more functional or effective layout for on-site parking and ease for cars to enter/exit options. Mr. Aulik responded that in order to retain the circle and reduce hardcover percentage to its lowest a turn- around would add more s.f.to the hardcover calculation. He advised the egress/ingress was modeled and they are comfortable with its results for safety and practical factors. Further,he stated the applicant feels strongly that the circle serves other purposes, including reducing the visual hardcover approaching the property. Chair Mabusth asked for further comments. There were none. Rahn moved,Chair Mabusth seconded,to recommend approval of Application#04-3006,Bartholomew & Elizabeth Butzer,2625 North Shore Drive,to grant a hardcover variance to permit 30% hardcover in the 75'-250' zone when 25% is normally allowed and 38% currently exists in order to construct as new detached garage with recreation room, and to grant a conditional use permit to allow indoor plumbing in an accessory building with the following stipulation: 1. The applicant agrees to the filing of the covenant regarding the conditional use permit for plumbing in an accessory building(as noted in the staff report,May 6,2004). VOTE: Ayes 7,Nays 0. Gaffron advised the application would be forwarded to the June 14, 2004 City Council meeting. Page 19 of 40