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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, March 8, 2004 <br />7:00 o'clock p.m. <br />• 5. #03 -2962 ROBERT AND JOAN SWITZ, 1740 SHADYWOOD ROAD — VARIANCE <br />Gundlach reported that the applicants had requested a lot area variance to allow a rebuild on a lot <br />which is .47 acres in size when .50 acres is required and a hardcover variance to allow 38.6% <br />hardcover in the 75 -250' zone when 38.8% currently exists and 25% is normally allowed (also <br />removing 2,050 s.f. of hardcover from the 0 -75' zone). <br />Gundlach explained that this application was heard at the Council meeting of February 9, 2004, <br />during which the applicants were directed to further reduce hardcover to 33 %, or an additional 800 <br />s.f. The applicants have chosen not to reduce hardcover any further than 38.6% and request <br />approval of the plan presented at the Feb. 9 "' meeting. <br />Mayor Peterson indicated that she revisited the property since February 9'h and watched the traffic <br />flow along County Road 19. After this examination, she felt there was legitimate hardship to justify <br />and support the applicants' request to warrant the 38.6% hardcover presented in their proposal to <br />allow for adequate driveway and turn around apron. <br />Sansevere questioned whether there was quantifiable hardship to justify the hardcover request. <br />Gaffron explained that, within the past five years, the City Council has said that total rebuilds must <br />meet a higher standard than remodels. Rebuilds have been consistently held to 25% hardcover, or <br />close to it, which has caused many applicants to significantly change their plans to meet this <br />requirement. Gaffron noted that the hardcover variance, in this application, is related to the size of <br />the home and driveway required to safely access the busy road. In recent years, he pointed out that <br />• the Planning Commission has attempted to quantify hardship based on limits imposed by the shape <br />of a lot. Having taken the lot shape and location into consideration, staff still believes 33% <br />hardcover is appropriate for this situation. He maintained that by varying from this position, the <br />City Council would be inconsistent with what it has ruled in the past and could be setting precedent <br />without adequate support, which in turn makes it impossible for staff to correctly advise future <br />applicants in terms of variance requests. <br />Mayor Peterson pointed out that the home meets the 15% structural coverage limitation as <br />proposed. She believed the Planning Commission was appropriate in voting 6/0 that this was a <br />reasonable request which allowed for sensible driveway and back up space. <br />Gaffron reminded the Council that 15% is a limit, not a right, which in certain situations they <br />should consider further reducing to 12 -13% if necessary to meet hardcover requirements. On the <br />other hand, Gaffron suggested the City consider looking at making code changes based on how big <br />a driveway is necessary in order to support homes on certain roads to be consistent. <br />Mayor Peterson stated that the City Council is generally pretty consistent. <br />White pointed out that, in this specific application, the lake proves to be the hardship. He indicated <br />that the whole house must fit within this zone, which impacts the hardcover. White maintained that, <br />if the City does not consider this request, the poor situation which exists currently will continue <br />indefinitely. He agreed that the road also imposes safety restrictions and warrants additional <br />hardcover. <br />PAGE 4of16 <br />