06/21/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21, 2004 6:00 o'clock p.m. (2. #04-3009 JAMES AND DARCY LOFFLER, 1690 SHADYWOOD ROAD,VARIANCE, REVISED PLAN, PUBLIC HEARING (6:09-6:15 p.m.) Leslie moved, Chair Mabusth seconded, to recommend approval of Application #04-3009 James and Darcy Loffler, 1690 Shadywood Road, granting variances needed for the revised plan: 1. Lot area (0.39 acre where 0.50 acre required; does not meet 80% rule) 2. 75-250' Hardcover (Proposed =3,557 s.f. /10,780 s.f. in zone=33.0% where 25% is allowed.) 3. Subject to City Engineer acceptance of grading and drainage plan. VOTE: Ayes 7, Nays 0. Fritzler urged the applicants to adhere to the approved variances and discouraged the applicants from enlarging hardcover surfaces, i.e. backup apron and deck, in the future. Gaffron advised the application would be scheduled for the June 28, 2004 City Council meeting. Mr. Loffler thanked the Planning Commission for their service to the community. NEW BUSINESS 3. #04-3010 THEODORE L. CAPRA, 3534 IVY PLACE, VARIANCE, CONDITIONAL USE PERMIT, PUBLIC HEARING (6:15-6:32 p.m.) Theodore Capra, applicant, was present. Gundlach presented the application for a proposal to tear down the existing house and rebuild, removing approximately 2,356 s.f. of hardcover, although the applicant is still requesting a variance to permit 4,676 s.f. of hardcover, or 32.86%. The applicant is proposing to remove 320 s.f. of existing hardcover within the 0-75' zone and would then comply with the 0%hardcover standard for the 0-75' zone. The lot meets the %2 acre standard as well as the width standard. Gundlach pointed out the proposed house plans leave only 349 s.f. for allowable non-structural hardcover and if the applicant were to construct the proposed 3+stall garage at the road, 1,368 s.f. of driveway hardcover would not be necessary. In summary, she stated the applicant's property is conforming in area and width, and the proposed application meets all other setbacks, including removal of the non-conforming detached garage at the road and the non-conforming shed located at the lake. She stated staff finds that no valid hardships inherent to the land to warrant approval of the hardcover variance. Further, Gundlach advised the applicant requests a conditional use permit to allow grading all the way down to the shore. Proposed site grading would consist of a substantial fill amount on the street and side of the home, which does not require a CUP unless it exceeds 500 cubic yards. Gundlach referred to the City Engineer review comments in Exhibit F of the staff report, dated June 17, 2004. Page 3 of 22