11-21-2011 Planning Commission Packet

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSISON MEETING Monday,October 17,2011 � 6:30 o'clock p.m. Curtis indicated it would,but that if significant changes are made to the plan,she would bring it back before the Planning Commission for their review. 3. #11-3528 TIMOTIiY&DANIELLE KOEFILER,4205 NORTH�SFIORE DRIVE, VARIANCE,7:02 P.M.—7:56 P.M. Curtis stated the applicant is requesting 75-250 foot zone and 250-500 foot zone hardcover vaziances. In 2007,variances were granted for lot area,lot width,average lakeshore setback and hardcover in order to construct a•new residence on the subject property. The house was built and a certificate of occupancy � was issued in 2009. Since that time the applicants,the new owners,purchased the occupied the new home. At this time the applicants would like to make hardcover improvements to the property. They are proposing to remove an�unapproved/illega173 square foot patio within the 0-75 foot zone. They would like to add 88 square feet of hazdcover within the 75-250 foot zone for a patio and add 590 square feet to the 250-500 foot zone for additional driveway and retaining walls. The 2007 variance approval limited the property to 152 square feet within the 0-75 foot zone and 3,512 square feet within the 75-250 foot zone. Their variance also limited the property to 2,732 squaze feet within the 250-500 foot zone where normally 30 percent hazdcover is permitted. Variances are required in order to exceed those levels. . ,The hazdcover on this property is difficult to reconcile. Some of the hardcover shown as existing was added after the building permit and has not been approved. Within the 75-250 foot zone,while the existing hardcover numbers reflect slightly less hardcover than was approved,the house appears to be generally consistent in size with the approved home yet there appears to be additional hardcover on the property. When comparing the building pernut survey to the existing,as built survey,the numbers do not seem to match what is shown. It is apparent the 250-500 foot zone exceeds the approved levels and the hardcover shown on the survey appears to be as a result of overages in driveway and parking azeas. For purposes of this application,Staff suggests reviewing what is being requested against the code and the 2007 approvals. The applicants are requesting a variance to add 88 square feet of hardcover to the 75-250 foot zone increasing that zone from the 3,512 square feet approved in 2007 to 3,600 square feet and requesting to add 217 additional squaze feet over the Code allowed 30 percent in the 250-500 foot zone which would exceed the approved level by 590 square feet. A practical difficulty has not been identified which supports the granting of hardcover variances to allow hardcover above the 28.4 percent allowed within the 75-250 foot zone in 2007 and a 26.39 percent limitation within the 250-500 foot zone imposed by the 2007 resolution. Additionally,it appeazs during construction that retaining walls were added which do not meet at the required 5-foot setback from property lines. The applicants should be required to remove the wall encroachments. Planning Staff recommends denial of the requested variances to increase hardcover above the 20071evels approved by Resolution NO 5601. As some of the proposed hazdcover is actually existing hardcover,the . hardcover in excess of 2007 approved levels should be removed. Additionally,retaining wall encroachments should be removed and the required rain garden should be installed. Curtis noted the applicant has expressed concern about removing the retaining walls. Curtis pointed out the location of the retaining walls. Curtis noted a 5-foot setback is required for retaining � Page 6