06-10-2013 Council Minutes - Laserfiche WebLink

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MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (7. #13-3606 CHERYL CORYEA &RICHARD DEVLIN, 3085 CASCO POINT ROAD, VARIANCES—RESOL UTION NO. 6300, Continued) McMillan asked if the applicant would be okay with coming back in two weeks with a more detailed plan. Devlin indicated he is not opposed to that. Printup moved,Levang seconded,to table Application#13-3603,Cheryl Coryea and Richard Devlin,3085 Casco Point Road. VOTE: Ayes 4,Nays 0. 8. #13-3605 BRIAN AND REBECCA HENNING,245 TONKA AVENUE,VARIANCES— PUBLIC HEARING Brian and Rebecca Henning,Applicants,were present. Curtis stated the home on the property was allowed to be constructed 30 feet from the rear property lie with a variance granted in 1994. Currently the applicants,who are the new property owners, are requesting a setback variance in order to construct a 14' x 14' deck, plus stair, from an upper level doorway on the south side of the home 30 feet from the rear lot line where a 50-foot setback is required. A 30-foot setback currently exists for the home. A minimal landing and stair were approved in 2012 in this location for egress by the building official. During Staff's review for the setback variance for the deck, Staff noted an 83 square foot shed located between the home and the street, 19.6 feet from the front lot line. This shed was constructed by a previous property owner and not the applicants. No permits exist for this shed and it exists in an illegal location. The applicants are requesting after-the-fact approval to allow the shed to remain in its current location. As this after-the-fact review was not initially part of the applicants' request,the City Council will need to hold a public hearing regarding this matter. The Planning Commission at its May meeting voted 6 to 0 to recommend approval of the setback variances to allow the deck. The Planning Commission also discussed the shed in question and how to address the illegal location. After discussion,the Planning Commission recommended that Staff should publish for a public hearing for the June 10 Council meeting so the Council could review and either approve the shed as an after-the-fact variance or deny the shed. Staff recommends approval of the setback variance to allow a 14' x 14' deck to be constructed with stairs 30 feet from the rear property line. Further, Staff recommends the Council open the public hearing for the after-the-fact variance for the shed location and receive any additional public testimony regarding the variance. Staff finds that the location of the shed does not appear to alter the character of the neighborhood or adversely impact adjacent properties. It may be reasonable to consider approving the location as it exists today. The Council should consider requiring the applicants to apply for an after-the- fact permit formalizing the shed location. Staff would recommend waiving the after-the-fact fee for the permit since it was constructed prior to the applicants purchasing the property. McMillan asked if anyone on the City Council has any issue with the deck. Levang indicated she visited the property today and that she does not have a problem with the deck. Page 9 of 32