04-14-2008 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 14, 2008 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS — MICHELLE WINER, REPRESENTATIVE Winer stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *5. #07 -3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5741 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5741, a Resolution Granting a Variance to Municipal Zoning Code Section 78 -1279 and 78 -1288, for the Property Located at 2745 Shadywood Road. VOTE: Ayes 4, Nays 0. 6. #08 -3335 DOUGLAS W. AND MARGARET S. FRANCHOT, 2010 COLIN DRIVE — VARIANCE Douglas and Margaret Franchot, Applicants, were present. � T Turner stated the applicants are requesting a variance to construct an in- ground swimming pool on • their property along with a 34' x 12' multi - purpose pool building situated with the 34' length facing Colin Drive. The existing home is located* 130 feet from Colin Drive. The required front yard setback is 50 feet. The applicants are requesting a variance to construct the pool 75 feet from Colin Drive, which is ten feet closer than previously proposed, and are also proposing to locate the pool building 50 feet from Colin Drive, which is nine feet closer than previously proposed. Both meet the front yard setback but are still located ahead of the principal structure. ! The Planning Commission has reviewed this application twice and has recommended 6 to 1 to deny the variances based on the fact that the applicants have reasonable use of the property without the pool and pool house, there are conforming locations on the property for the pool and pool house, and the proposal, in particular the pool house, would not be compatible with the surrounding area. Turner stated Staff is in agreement with the recommendation of the Planning Commission. This property is served by an on -site septic system as opposed to City sewer. City sewer is not an option as the property is not located within the MUSA. Prior to allowing the applicants to use the potential septic treatment area in their yard, the applicants must prove to the City that sufficient alternate septic locations are identified. The applicants have submitted their revised plans and the City's septic manager has deemed them acceptable. Turner noted the current septic system is nonconforming and must be totally replaced. Rahn expressed concern regarding the noise that would be generated from the use of the pool and . stated he would feel better about this application if he knew all the neighbors are in agreement with the proposal. • PAGE 2 of 13 " k,