09/20/2004 Planning Commission Minutes

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20,2004 6:00 o'clock p.m. (#04-3051 Kevin and Julie Fitzpatrick, Continued) the history of the neighborhood is that those small lots have been acquired and combined slowly in order to create the larger lots. Cronan stated it is not out of the ordinary to request the Fitzpatricks to try to comply with the LR-1A standards, and that redevelopment should not happen in a significant way unless a larger lot is combined and 30-foot side yard setbacks can be provided. Cronan stated the combination of the history of redevelopment along West Lake and the aggressive nature of this proposal should give the Shields and Ericksons some confidence that this application will be denied. Cronan pointed out there are three findings that are required by the Planning Commission; and that is, that there is something very unique about this property,that this uniqueness creates a substantial hardship, and that there will be no harm to the neighbors. Cronan stated these same conditions have been shared by others, are enforced by the LR-1A zoning standards, and have been upheld by the last four decisions on West Lake by the City. Cronan stated the required severity findings deal with the fact that the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Cronan stated in his opinion the existing home is a reasonable use that can continue. In addition, it is not a substantial right to be able to construct a dream home on a 50-foot lot. Cronan pointed out the shed being proposed now spans the property and is a two-story building with a peaked roof. The longest continuous wall on the north side currently is 30 feet and on the south side is 50 feet, with the proposed structure being 76 feet in that required setback. The current structure is 11 feet tall,with a 38-foot structure being proposed for the residence and a 20-foot tall structure for the garage, with the bottoms of the eaves being proposed 20 feet off the ground for the residence. Cronan stated in his opinion this is a substantial change from what currently exists and constitutes a rezoning. Cronan stated by approving these variances,the two lots to the north of this property would also be entitled to those same variances and that the Shields and Ericksons are in opposition to that rezoning. Tim Harrer, 340 West Lake Street, indicated he is the owner of the property located two houses to the north of the Fitzpatricks' property. Harrer stated in his opinion the current house has met its useful life and that the proposed structure by the Fitzpatricks is a good improvement to the neighborhood. Hamer indicated he has seen the plans for the proposed structure and he is not opposed to the project. Harrer stated the redevelopment that has occurred within the recent past along West Lake has been largely the efforts of one individual, and that this individual also had the opportunity to acquire this property. Hamer stated in his opinion the Fitzpatricks have a right to develop this property, and that a policy of development based upon the ability of one person to acquire additional property to create larger lots is not good public policy. Hamer stated the rights of a property owner to redevelop a property should stand, and if the variances are denied in this situation,his rights to redevelop his property would also be restricted. Bob Olson, 348 West Lake Street, indicated he is the owner of the property to the north of the Fitzpatricks and has resided in this area for the past 11 years. Olson stated the trend to consolidate smaller lots along West Lake is basically the trend of one person, and that a person has the right to own a small lot and develop it just as a person with a larger lot has a right to develop that property. Olson PAGE 17