07-25-2005 Council Minutes - Laserfiche WebLink

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C MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. 10. #05 -3133 BRUCE AND ELIZABETH NUSBAUM, 3480 NORTH SHORE DRIVE — VARIANCE Curtis stated that the applicants were requesting a conditional use permit for an accessory structure on a through -lot, and the following variances in order to construct a detached garage: side yard setback variance for 3.7' where 10' is required, rear yard setback for 15' where 30' is required, 75- 250' zone hardcover for 30.8% where 25% is allowed and 30.2% was previously approved, 250- 500' zone hardcover for 41.8% where 30% is normally allowed, and structural coverage variance to allow 18.2% where 15.6% is allowed and 18% was previously approved. Curtis continued, stating that the Planning Commission voted approval of the CUP and variances as follows: a rear yard setback variance to allow a detached garage closer to the street than 30' stipulating that it be located to provide a minimum of 20' driveway pavement; a 10' side setback variance for a 1 '/2 story detached garage with a footprint of 440 s.f. OR a 5' side setback for a single story detached garage; hardcover variances in order to support the new garage and driveway construction. Mr. Nusbaum stated that they were looking for direction from the City Council in order to begin the building process. He noted that the new construction next door to their home had been built on a higher plane than their home and garage, thus leaving the current garage in a sort of swale. • Murphy asked if the City had resolved the drainage problem along Birch Lane to their satisfaction. • In addition, he commented that naturally, given what the applicants had endured, they should be able to get their garage out of the swale. Nusbaum stated that they were pleased with the road project. Engineer Kellogg stated that the trickiest part will be to direct water between the two neighboring properties using swales and down spouts to Birch Lane and away from the structure. Murphy asked whether the applicants were satisfied with the Planning Commission recommendations. Nusbaum stated that, given the fact that some of the Commissioners did not realize the neighbors' home was no longer on the property line, it was evident they had not taken the time to visit the site. Murphy stated that the hardships imposed on these applicants over previous years due to drainage problems, warrant the need to alleviate their problems. Nusbaum stated that what remains of the current garage is 20'X22', after having removed more than what was recommended by the City; roughly a 10'X22' guest section and 8'X3' chimney from the original garage. He pointed.out that a minimal garage size is truly 22'X22' for functionality, and is a reasonable request in their mind. White agreed that a minimal garage is 22'X22'. He believed a 5' minimum side setback for a 1 story garage and 10' side setback for a 1 %z story garage was necessary. is PAGE 4 of 10