04/15/2013 Planning Commission Minutes

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MINUTES OF THE , ORONO PLANNING COMMISSION MEETING Monday,Apri115,2013 6:30 o'clock p.m. ' Curtis stated the applicant is requesting an after-the-fact side setback variance to allow the existing home under construction to have a 24-foot setback where a 30-foot setback is required. � In November,2012, a permit was issued for construction of the new home at 80 Creek Ridge Pass. In December,while digging for the foundation,the builder encountered a damaged sanitary sewer line. Additionally,the builder discovered that the sewer line was not centered within the utility easement as had been expected. As a result,the location of the proposed home would not allow for the desired 10-foot separation between the foundation and the sewer line. The logical solution was to adjust the angle of the home 7.8 feet in the rear to move it ten feet away from the sewer line rather than revise the house plans. This results in a 37.8 foot setback on the northwest side and a 24-foot setback on the adjacent side where a 30-foot setback is required. The builder is also the owner of the adjacent property to the southeast,which is the property affected by the reduced setback. The Creek Side development was approved as a Planned Residential Development with reduced front yard setbacks but the RR-1B separation between buildings with 30-foot required side setbacks was _ maintained. In order to avoid the existing sewer line,the home as constructed encroaches six feet into the required side setback with a 6' x 18' portion of the home. The remainder of the home meets all required setbacks. Staff finds that while the location of all utilities should be verified in the field,the location of the sanitary sewer line is unique to the subject property and is not caused by the property owner. The applicant's request is reasonable and does not appear to adversely affect the neighboring properties. The variance requested is the minimum necessary to alleviate the practical difficulty and does not appear to alter the character of the neighborhood. Planning Staff recommends approval of the setback variance. A revised as-built foundation survey accurately representing the field verified location of the sanitary line is required to be submitted for approval prior to placement on the City Council meeting agenda. . Curtis displayed the original building permit survey and the as-built survey on the overhead. Leskinen asked if the building permit survey depicts the sewer line. Curtis stated it shows it as the sewer plans reflected. Curtis indicated they have located the sanitary manhole at the front of the house,which was not where it was expected to be, and they also located a damaged sewer line,which was repaired in the process. � Schoenzeit asked what process the applicants went through once the damaged sewer line was discovered. Curtis stated the builder encountered the problem with the line and contacted the Public Works Department. The City Engineer met with them on site and they discussed corrective actions that could be taken. After the correct distance was determined,the applicant came in and spoke with Staff about the . 6-foot difference and turning the house. Since the builder owned the adjacent property, it was determined to be the best solution at the time. Landgraver asked if there is a domino effect with shifting this residence on the adjacent lot. Page 2 of 26