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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, September 20,2004 <br /> 6:00 o'clock p.m. <br /> (#04-3051 Kevin and Julie Fitzpatrick, Continued) <br /> Fitzpatrick stated it is still a lookout but that the grading has been shortened up so it will not encroach <br /> into the 75' setback. <br /> Rahn inquired whether the issue dealing with the top of the foundation as outlined in the City <br /> Engineer's letter dated August 30, 2004,has also been resolved. <br /> Gundlach indicated those issues have been worked out. <br /> Jurgens stated the Planning Commission should look at the unreasonable use of the property. Jurgens <br /> pointed out that although the existing house is in disrepair, it could be made livable. Jurgens stated the <br /> applicants purchased the property knowing the lot was narrow,which does not constitute a hardship in <br /> his opinion. Jurgens indicated if this were a remodel versus a rebuild,he may feel differently. <br /> Bremer stated in the last three years since she has been on the Planning Commission she has not seen a <br /> denial of the footprint that the applicants are requesting on this size of lot. Bremer noted similar <br /> applications have been approved on Crystal Bay and on Tonkawa. Bremer indicated she prefers the <br /> larger lots,but given the increase in the cost of land nowadays, larger lots are not always possible. <br /> Bremer noted the applicants also have the option of remodeling the existing structure and adding a <br /> second story to it,which more than likely would be approved. Bremer commented the neighbors are <br /> getting a new home versus a renovated house and that,in her opinion, improves the neighborhood. <br /> Bremer stated in her opinion 50-foot lots are hardship lots since it is impossible to comply with the <br /> 30-foot setback requirements. Bremer indicated the City cannot force people to acquire additional land <br /> in order to create larger lots, and that the reality for this neighborhood is that there likely will be 50-foot <br /> lots into the future. <br /> Bremer noted the applicants have complied with the structural coverage requirement and have worked <br /> with staff extensively to develop a plan that is suitable for this lot. <br /> Leslie noted the hardcover calculations are within all the allowances and that in his opinion the <br /> Fitzpatricks have designed a residence that complies as much as possible. <br /> Jurgens inquired whether the City rewards people that purchase small lots by granting variances to <br /> construct when in other cases property owners with larger lots are required to comply with all the <br /> setbacks and other requirements. Jurgens reiterated he does not see a hardship to grant the variances. <br /> Jurgens stated the property is a lot of record and has a use currently, which does not change because the <br /> property has been sold. <br /> Bremer stated the lot area and lot width of this lot are hardships. <br /> Rahn commented he does not have an issue with this proposal provided all the recommendations of the <br /> City Engineer have been met. <br /> Leslie inquired why the stairway down to the lake has not been included in the hardcover calculation. <br /> PAGE 19 <br />