Laserfiche WebLink
� MINUTES OF THE . <br /> ORONO PLANNING COMNIISSION MEETING ' <br /> Monday,June 20, 2011 <br /> 6:30 o'clock p.m. <br /> � before the Planning Commission in July. However,the 2010 Krummenacher ruling resulted in an <br /> inability of the City to review and grant variances as had been done in the past, so the applicant requested <br /> their application be tabled until July 1, 2011,to allow for modifications in the statute and/or City codes. <br /> The applicant would like to remove the existing principal structure which was consiructed in or before <br /> 1967 and construct a new residence within the 75-250 foot zone and a new deta.ched garage in the 250- <br /> _ 500 foot zone. They are proposing to maintain most of the existing blacktop driveway far.use with the <br /> new hoir�e but will remove the circle drive configuration. <br /> The applicant's lot is substandard in width with 60 feet at the OHWL and 65 feet in width at the 75-foot <br /> setback where 100 feet is required. Granting of a lot width vaxiance for this property would be in <br /> harmony with the immediate neighborhood. �Without a variance from the 100-foot lot width requirement, <br /> the applicant would be unable to build a home on a residentially zoned property and therefore the <br /> property could not be put to a reasonable use. . , <br /> As the necessity for a lot width variance suggests,the property is narrow. Within the 250-500 foot zone, <br /> the properiy narrows to 15 feet in width at the road. The driveway itself accounts for nearly 29 percent of <br /> the hardcover in this zone. The property is permitted 3,276 square feet of hardcover within the 75-250 <br /> foot zone and 4,148 square feet of hardcover within the 250-500 foot zone. A total of 7,428 square feet of. <br /> hardcover is allowed on the property. The applicant is proposing a new home with a footprint of 3,300 <br /> square feet; a 792 square foot, detached garage; and approximately 4,400 square feet of driveway and <br /> sidewalk. At 8,881 square feet total,the applicant is requesting to exceed the allowed hardcover by 1,453 <br /> square feet,which is 284 square feet less than their previous submittal and 583 square feet less than <br /> . existing. <br /> As the Planning Commission is aware,there have been multiple changes to law regarding how a <br /> municipality must review an application for a variance. The"undue hardship"analysis has been replaced , <br /> . with the"practical di�culties"analysis. On the agenda tonight is a proposed zoning code text <br /> amendment intended to update the ordinance to ensure that it conforms to the statutory analysis of <br /> practical difficulties. While the current code directs Staff,Planning Commission and the Council to <br /> perform a"hardship"analysis,this application will actually be viewed consistent with the new practical <br /> difficulties analysis. � <br /> Sta.ff finds that with respect to lot width,practical difficulties exist and that application of the 100-foot lot <br /> width requirement of the Zoning Code would prevent the construction of any home on the property. The <br /> applicant's lot width variance request is reasonable. The applicant's request for hardcover variances may <br /> also be reasonable. Their proposal results in an overall reduction of hardcover on the property totaling <br /> � 583 squa.re feet. Staff finds that granting the applicant's request is in harmony with the purpose and intent <br /> of the ordinance and will not alter the essential character of the neighborhood. <br /> Issues for consideration: <br /> 1. Does the Planning Commission find that the property owner proposes to use the property in a <br /> reasonable manner which is not permitted by an official control? <br /> -2. Does the Planning Commission find that the variances,if granted,will not alter the essential <br /> character of the neighborhood? � <br /> Page 2 <br />