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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 /> (#04-3052 Eric Vogstrom,Continued) <br /> from the building site by an inlet of Carman Bay. The contiguous land area is approximately 16,400 <br /> square feet. The applicant is basing the structural coverage amount on the total noncontiguous parcel <br /> above the 929.4' elevation. Neither the lot coverage ordinance nor the Zoning Code definition of <br /> "lot area"clarify whether the lot coverage percentage should be based on contiguous area. The <br /> definition of minimum lot area found in the Subdivision Code would disallow noncontiguous land to be <br /> credited toward lot area. <br /> Curtis stated the applicant is proposing a 3,002 square foot footprint, 1,225 square feet of driveway, and <br /> 215 square feet of sidewalk to make up the 57.9 percent hardcover. There are no patios proposed and <br /> only one 18' by 11' deck on the lakeside of the home. Curtis noted the driveway as proposed would <br /> need to be reduced at the curb and would need to be substantially reduced overall to bring the hardcover <br /> down to a reasonable level. <br /> Staff finds that there is no hardship inherent to the land that would justify the side street setback <br /> variance or the hardcover variance as proposed. Staff believes that the 55-foot wide building envelope <br /> is very reasonable and that a setback variance to the side street is not justified. If the Planning <br /> Commission concludes that the applicant should get credit toward the structural coverage for the dry <br /> land on the noncontiguous portion of the property, there may be some appropriate level of hardcover <br /> variance to support some reasonable level of development of the site. <br /> Staff recommends approval of the average lakeshore setback variance and recommends denial of the <br /> side street setback variance and denial of the hardcover variance. Staff also recommends removal of the <br /> existing gravel driveway within the city right-of-way and restoration of the area back to vegetation as <br /> part of the redevelopment of this lot. Curtis noted the grading and drainage plans have been revised <br /> since the issuance of the letter by the City Engineer,and that the applicant has addressed the grading <br /> and drainage concerns that have been raised. <br /> Vogstrom noted the road is unimproved to the north and requested the Planning Commission allow the <br /> encroachment in the right-of-way. Vogstrom stated the existing structure encroaches into the <br /> right-of-way by 14 feet. <br /> Vogstrom explained the existing hardcover calculation does not include anything for a pad and <br /> driveway,which exists on the north side. Vogstrom indicated at the present time there is no way to <br /> access the garage without going over the right-of-way. Vogstrom noted the current structure is located <br /> 21.8 feet away from the street and is nonconforming. Vogstrom indicated he would be willing to restore <br /> the right-of-way at his expense if the city is willing to work with him on the hardcover. <br /> Vogstrom stated in his opinion he has a hardship due to the amount of water on his property and the fact <br /> that his land is not contiguous. Vogstrom stated in his opinion the proposed residence conforms more <br /> with the rest of the neighborhood than what currently exists. <br /> Vogstrom noted the property at 2601 Lafayette Road was granted hardcover in excess of 25 percent. <br /> Vogstrom stated the current structure is 1184 square feet and is figured at 26.4 percent hardcover. <br /> PAGE 21 <br />