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. 12. #04-3014 TIMOTHY POWERS,3210 NAVARRE LANE,VARIANCE,PUBLIC HEARING (9:37-9:55 p.m.) Lynn Powers, 3210 Navarre Lane, applicant,was present. Gaffron presented the application for a 24.5' rear yard setback variance when 30' is normally required and 24.5' currently exists in order to construct a second story above the existing first story residence, and to add two garage stalls. The application is for a remodeling of the existing structure and not a rebuild, and submitted an opinion that the existing foundation will support the 2nd story addition. The existing garage is 24.5' from the rear lot line, and is proposed to be expanded eastward at that same setback. Gaffron advised the applicant proposed to remove the existing shed in an effort to decrease the non-conforming rear yard. He pointed out the adjacent lot to the north is the neighbor most affected by the non-conforming rear yard setback,however, the applicant's rear yard is acting as that neighbor's side year,where a 10' setback would normally be required. Gaffron indicated staff recommends approval of the rear yard setback as submitted,including the removal of the existing shed. He advised there were no hardcover issues to be addressed. Gaffron noted that if in the future the applicant wants to install the circular driveway it would require the Public Services Director review and approval. Lynn Powers, applicant,explained the architectural plans do show a more formal entry with a circular driveway but that is not being requested at this time. Chair Mabusth advised that three curb cuts on a smaller property might be difficult to acquire permits. Ms. Powers replied that if the circular driveway becomes impossible than perhaps a walkway could be considered. Ms. Powers confirmed they were advised the existing foundation can support a second story addition as it has good footings. Chair Mabusth invited the public to comment. Julie Copeland, 2180 Kenwood Way, stated she is the neighbor to the rear of the subject property. She indicated she is about 60' from the house and privacy is her primary concern. With a second story addition, she explained she would be more exposed, and noted that her side yard is where she plays with her dogs. Ms. Copeland asked for information about whether there will be a fence, what type of vegetation will be used,what type of rooms will be on the second story and that the property is being improved for investment purposes,but that she plans to remain. Ms. Powers confirmed that it is an investment property. She explained they intend to put up a nicer fence than what is there currently and will try to accommodate any issues of privacy. The second story main view will be to the front not to the rear yard. Ms. Powers stated the second story would have a master bedroom with bath, a walk-in closet, another bath and a smaller bedroom. The part of the house facing Ms. Copeland's property will have smaller windows, about 24-30"in size. She also stated the existing shed and deck will be removed. Chair Mabusth asked for further public comments. There were none. Fritzler moved,Leslie seconded,to recommend approval of Application#04-3014,Timothy and Lynn Powers,3210 Navarre Lane,granting a rear yard setback variance to allow a rear yard setback of 24.5' when 30' is normally required and 24.5' currently exists in order to construct a second story above the existing first story,and to add two garage stalls,and to recommend approval of the plans as submitted, including the removal of the existing shed. Page 28 of 40