12-13-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7 :00 o'clock p.m. (9. #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Vogstrom stated even with a 1,500 square foot footprint, minimum size deck, sidewalk, driveway, and a two -stall garage, he would still be at 32.5 percent hardcover. Vogstromn stated the difference he is proposing is two percent, which is the difference between a two -car garage and a three -car garage. Gaffron stated he is not in agreement with most of the comments of the applicant. Gaffron stated the property located at 1690 Shadywood is located on a busy county road and requires a backup apron. Gaffron stated he does not believe that the traffic on Casco Point Road requires a backup apron. In addition, the second hardship found for the 1690 Shadywood property was the fact that the location of the adjacent homes would reduce lake views causing a tunnel effect. Third, the non - optimum lot shape analysis results in justification for a 289 square foot variance. Gaffron explained an optimum lot shape analysis formula was utilized in the Loffler and Switz cases, which was not utilized prior to 2004. In Staff's view, this formula has some inherent weaknesses and has contributed in the past year to excessive hardcover allowances compared to those granted to similar lots in previous years. Staff is reluctant to continue using the current optimum lot shape analysis method as a basis for hardcover variances, as it suggests that all lots not meeting the optimum shape should be allowed excess hardcover, which translates to an automatic variance level for almost all existing lots. Gaffron indicated Item 3A illustrates the footprints that were allowed in the past six years for various properties given their lot area and the amount of the building pad located within the 75' -250' area and the approved hardcover. Gaffron stated based on Exhibits 3B and 3C, in his opinion the Switz application is an anomaly and is not consistent with the building footprints typically granted by the City. Gaffron • indicated he disagrees with the concept that the peninsula found on the Vogstrom lot should be a factor in determining the amount of hardcover that should be allowed on this lot. Gaffron indicated the Switz lot is located on a much busier road than the Vogstrom property and that hardships two and four do not apply to the Vogstrom property. Gaffron stated approval of hardcover at 34.5 percent would not be consistent with past approvals by the Council. Gaffron pointed out the hardcover reductions being proposed by the applicant are primarily being reduced within the city right -of -way, which is where the majority of the existing driveway is located. Gaffron noted 270 square feet of hardcover is located within the right -of -way and not on the property. Gaffron stated Exhibit 3A provides information for the last six years for lot area, existing and approved 75' -250' zones, and lot coverage. Gaffron stated properties that are slightly bigger have received a slightly bigger footprint but not as much hardcover. Gaffron stated an average is 30 percent and that 1500 square feet in his opinion is appropriate for this lot. Sansevere inquired whether the City is being consistent with the 1,500 square feet requirement. Gaffron stated the applicant feels two applications were treated differently in the past year that were not consistent with the City's past practice. Gaffron stated the question is whether those should be looked at as a precedent or whether they should be considered anomalies. Gaffron stated in his perspective the Switz application was an anomaly, with the Loffler application having an issue with location of the house toward the street reducing lake views and causing a tunnel PAGE 6