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. (9. #04-3008 Steven Valek and Ralph Palmer, Continued) Mr.Valek stated he would accept the driveway condition and would deal with the potential of moving the driveway at a future time. Bremer moved,Leslie seconded,to recommend approval of Application#04-3008, Steven Valek and Ralph Palmer,4720 and 4750 Tonkaview,respectively,to re-plat five(5)lots(four tax parcels) existing lots to create three(3)lots with the stipulation that the existing driveway at 4720 Tonkaview Lane should be abandoned and relocated entirely within the property boundaries of this lot. VOTE: Ayes 6,Nays 0,Abstain 1. Gaffron advised the application would be forwarded to the June 14, 2004 City Council meeting. 10. #04-3009 JAMES AND DARCY LOFFLER, 1690 SHADYWOOD ROAD,VARIANCE,PUBLIC HEARING(8:05-8:32 p.m.) James and Darcy Loffler,applicants, were present. Gaffron acknowledged receipt of a letter from John and Joan Fitzpatrick, 1710 Shadywood Road, dated May 12, 2004,which supported the variance request to exceed the 25%hardcover requirement. Gaffron introduced the application for a hardcover variance to construct a new residence on the property. Other variances that are needed for the proposed plan include: 1. Lot area(0.37 acre where 0.50 acre required; does not meet 80%rule) 2. Lot coverage by structures is proposed at 16.3%where only 15%is allowed as the recent survey work is showing the lot is actually smaller than the 1986 survey. 3. 75-250'Hardcover(Proposed=4,297 s.f./10,100 s.f. in zone=42.5%where 25%is allowed). Gaffron noted the site has an older home on it situated within the 0-75' setback, with a detached garage also in a non-conforming location. The applicant intends to remove all existing structures and the new house will meet average setback and 75' setback, as well as all other required setbacks. Gaffron explained that neighboring homes' are located just 55' from the shoreline, so the applicant would potentially be deprived of lake views as the new home is moved closer to the road to reduce hardcover. Moving closer to the road also negatively affects the average setback line for both neighbors, changing it to make their home less conforming. Gaffron recommended approval of the lot area variance, denial of the lot coverage variance and to approve some degree of hardcover variance in the 30-31%range rather than 42% as proposed. From staff's perspective,there is some hardship to support approval of a modest variance based on the lot shape and the need for a backup apron to allow forward vehicle movement onto Shadywood Road. Gaffron introduced the Issues for Consideration as listed in the Staff Report, dated May 12, 2004. He also confirmed that the Planning Commission and applicant received the full set of pages for the May 12, 2004 Staff Report. James Loffler, applicant,introduced his wife, Darcy, and Jeff Schneider, architect for the applicants, stated that as of today's surveyor re-measurement the lot area is 16,723 s.f., which is 0.1 acre larger than before. He expressed appreciation for the opportunity to share their views of the existing property hardships. Mr. Loffler stated they are trying to build a reasonable property and working with the ordinances,indicating it is not possible to build a master bedroom on the first floor as the house plan is not large enough and they cannot build more than a two-car garage due to hardcover restrictions. He illustrated that by moving the house further Page 21 of 40