11/16/2009 Planning Commission Minutes

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MINUTES OF T�IE ORONO PLANNING COMMISSION MEETING • Monday,November 16,2009 6:30 o'clock p.m. (#09-3435 LOREN AND STACEY SCHOENZEIT,4480 FOREST LAKE LANDING,CONT.) Curtis stated the applicant is requesting the following variances in order to construct a new residence on the property: 1. A lot width variance for a lot 56 feet in width at the OHWL and 45 feet in width at the 75 feet setback where 140 feet is normally required; 2. A lot area variance to allow redevelopment of a lot 0.34 acre in area where 1.0 acre is required; 3. A side yard setback variance to allow a 9.7 foot side setback on the south side where a 10-foot setback is normally required; 4. A rear yard setback variance to allow an 8-foot rear setback where a 30-foot setback is normally required; 5. Hardcover variances to allow 66.1 percent hardcover within the 250-500 foot zone where 30 percent is normally allowed and 62.8 percent currently exists. The applicants' property has a very challenging building envelope. The city sewer line crosses through the property and the slope of the property offer very little flexibility. The applicants have owned the subject property for nearly 19 years. For the past 10 years,they have been researching and designing a new home to build on the property. In 2005,the applicants received approval for a lot line rearrangement in order to allow for a more reasonable building envelope. That lot line rearrangement was not finalized. The applicants are now requesting variances in order to build a new residence on the property. They have designed a home which conforms to the setbacks of the existing home. The applicants are requesting a variance to allow 66 percent hardcover within the 250-500 foot zone.This is an increase of 88 square feet from what currently exists. Their proposal,however, offers a significant 1,144 square foot reduction within the 75-250 foot zone. In addition,the applicants are proposing to maintain the level of encroachment on the south side lot line but in a different location than what currently exists. One corner of the proposed home will encroach into the 10-foot side yard setback by 0.3 feet. The proposed rear or street setback variance would be essentially the same setback as the existing home in a similar location. The setback is measured from the street property line; however, due to an unusually wide right-of-way,the actual paved roadway would be 39 feet at the closest point to the new home. Staff finds that the applicants' property offers a number of challenges which make development difficult. The distance between the applicants' proposed home and the adjacent neighbor to the south offers adequate opportunity for light, air, and open space due to the orientation of the homes on lots: Staff feels it may be reasonable to allow the rear yard setback variance as the wide right-of-way provides for a buffer between the home and the street. Finally, the hardcover variance as proposed does not seem unreasonable considering the other limitations on the property. The Planning Commission should consider the following issues: Page 12