09/20/2010 Planning Commission Minutes

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• , MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2010 6:30 o'clock p.m. Staff finds that the applicant cannot put the property to a reasonable use without variances for lot area and lot width. The applicant's request is supported by a clear hardship. Further,the applicant has demonstrated that enforcing the lot area and lot width provisions of the Zoning Ordinance deprive the applicant of the reasonable use of their property. Since the property is landlocked,this creates a challenge when directing storm water to an appropriate location off the property. The City Engineer has identified storm water as an issue which must be addressed. The applicant should be required to resolve the storm water drainage issues with either an easement to the lake,to North Shore Drive, or by some other method,prior to approval of the variances to develop this property. Planning Staff recommends approval of the variances subj ect to resolving the storm water issue identified by the City Engineer. Curtis noted the City did receive some phone calls from residents expressing concerns about the size of the lot and the configuration of the house. Paul Larson stated he has been a builder and developer in the area for the past 30 years and received a similar variance for his own house on a substandard lot. Due to the hardcover limits, the house has been located in the proposed location and to avoid the need for any additional variances. The survey has been revised to show a proposed drainage pond behind the house. There already is an existing low spot where the proposed pond is located. The pond was incorporated to alleviate any drainage concerns. Larson noted the neighbors' rainfall goes onto this properly given the elevations and that this would be the only lot that controls its own drainage. Larson stated he has constructed similar homes in Orono on similar substandard lots. The property was foreclosed upon and they have spent several thousand dollars going through the process in an effort to purchase it. They have also been informed by the bank that they will not be given any extensions. Larson noted they did receive a letter from the City's Engineer this afternoon that the drainage is controlled on their property. Curtis noted the City Engineer has not fully signed off on the property and that he requires a soil condition report. Larson stated the soil is sandy in this area and the lot is flat. The marinas on both sides have a substantial amount of hardcover and their runoff goes on to this property. He is willing to have the soil tested but that they need the variance approved in the near future in order to satisfy the requirements of the bank. Schoenzeit asked whether the applicant is interested in accepting a variance with Staff's conditions. Larson indicated he is. Page 5