06-27-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 14 9. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET – VARIANCES (continued) From Staff’s perspective, it is not a practical difficulty and there are a number of potential design solutions for avoiding the lot coverage variance, such as reducing the size of the house or reducing the size of the garage. The deck could also be changed to a grade-level patio. This could be accomplished by filling in the area of the proposed deck and adding a retaining wall extending from the foundation, avoiding the need for the railing which drives the lot coverage variance. Printup asked how much the deck would need to be lowered. Gaffron stated if the deck were lowered two feet, they would require two steps to access it, but that it would still likely result in the deck being considered structural coverage since the height of the deck would need to be determined based on existing grade. Gaffron noted the applicant also ended up lowering the house to make sure the basement meets the definition of a basement and not a story. Walsh stated in his view this goes to the broader issue of small lots. Walsh stated small lots are a practical difficulty in and of themselves and that in his view the 15 percent structural coverage is a very arbitrary number. Walsh noted Items 12 and 13 on tonight’s agenda talk about half-story definition and massing regulations, which is a made-up word, and that it starts putting Orono’s lots into the haves and the have nots. Walsh stated Orono has people who have more than two acres where the 15 percent structural coverage does not apply, but if there are four half-acre lots that equal two acres, the 15 percent structural coverage applies to them. Walsh reiterated that it is putting the lots into classes of haves and have nots and that 70 percent of the lots in Orono are under two acres. Walsh stated in his mind just having a small lot is a practical difficulty and that he has no problem if the applicant needs to be at 16, 17 or 18 percent. Walsh stated if the deck needs to have railings on it, that’s fine, but if somebody wants to turn the deck into a screen porch later on and it becomes real structural coverage, they wouldn’t be able to do that unless they have over two acres. Walsh stated the structural coverage does not fit with the large majority of the lots that are under two acres and that he sees this small lot as a practical difficulty in and of itself. Walsh indicated he is okay with the structural coverage variance as well as the other variances. Council Member Levang noted a deck is a want and not a need and that these rules are in place for a particular reason. Levang stated she does not see a small lot as an inherent practical difficulty and that the standard for a practical difficulty is a very precise one. Levang stated she will stand with City Staff’s recommendation and say no to the structural coverage variance. Levang noted the applicants are requesting a number of other variances that will be allowed and that the applicant has other alternatives that Staff has pointed out as to how they can construct either a deck or a patio. Levang stated the fact that no one will see it is not a practical difficulty, especially when there is a clean sheet with this application and the applicants have an opportunity to construct a house that meets the City’s standards. Walsh noted Council Member Levang wanted to consent Item No. 12, which talks about keeping the structural footprint at 15 percent for only lots that are under two acres.