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. (4.#01-2671 ALISTAIR AND KAREN JACQUES,Continued) 2001, the application was delayed when septic sites could not be located. In 2003 City sewer became available to the site and, subsequently,the applicant activated the application for a new home construction. Gaffron indicated the property is not located within the Shoreland Overlay District and therefore is not subject to hardcover restrictions. Gaffron reported the proposed plans meet all other zoning requirements except for lot area,referring to the Lot Analysis Worksheet included in the agenda packet. He concluded that a valid hardship exists and that the lot is a legal lot-of-record, that a home existed there for many years prior to its demolition in 2001, and that there are other properties along the same stretch of Old Long Lake Road which are under the 2 acre requirement so it is in keeping with the neighborhood lot sizes. Gaffron stated staff supports the lot area variance. Gaffron explained access to the house is from Old Long Lake Road with a proposed second access,requiring the Public Services Director's approval. The garage is facing the side lot line with a 30'setback required, leaving about a 25' apron upon a slope that is a potential concern,perhaps needing a retaining wall which by code must be at least 5' from the side lot line, and there are some existing trees to contend with if moved to the left. Gaffron advised drainage would have to be controlled in this area as the neighbor's house is near-by. Gaffron encouraged the Planning Commission to consider shifting the house site to the west to make the easterly side lot less of a difficult area. In addition and not part of this application,the applicant is proposing to construct a 30' x 18' pool to be located 15' from the east and south lot lines which meets code requirements. The pool plan includes a terrace/patio that will require retaining walls ranging from 1' to 6' in height, 5' from the lot line. He indicated a screening or safety fence above the walls will probably be placed by the property owners resulting in a potential visual impact equivalent to a building wall as much as 12' high, 5' from the rear lot line,though not required by City code. Gaffron advised that the City does not have established setbacks from the Luce Line right-of-way and the proposed pool location is only 40' from the Luce Line. He pointed out that a greater side lot setback and less-visual impact to the neighbors would occur with a site plan that was shifted to the west. Chair Mabusth invited the applicant, Alistair Jacques,to comment. Mr. Jacques advised that the house's position is not yet finalized and they are considering a number of factors, including the neighbor's interest relative to the driveway location. Chair Mabusth asked for public comments. Matt Sherek, 625 Old Long Lake Road, advised he is the easterly neighbor to the subject property and is not opposed to the residential construction, and has reviewed the applicant's plans. He explained his residence was built in 1956 and was situated to maximize nature enjoyment, open space and to ensure proper surface water drainage to meet code. It is located on a rise in the NW corner of the 1.5-acre lot, sloping down to a low marsh on the east. Mr. Sherek stated the applicant's plan for the garage and driveway encroaches into the 30' side yard setback in the very corner closest to his residence rendering his home and garage almost to town home status,not to mention serious questions about effects of water and drainage to his home and the marsh. He concluded that the applicant's house/garage/driveway location would destroy the ambience and seclusion of the land enjoyed by he and his family as well as lowering the re-sale value of his home and property by situating the most highly traveled,noise-producing portion of any home,the driveway and garage, directly upon his property line. Page 2 of 40