01-20-2015 Planning Commission Packet

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 23 Landgraver moved, Schoenzeit seconded, to table Application No. 14-3700, City of Orono, Amendment of Zoning Code Chapter 78: Amend Section 78-1379 Regarding Small Wind Energy Conversion Systems to the January Planning Commission work session. VOTE: Ayes 4, Nays 0. 3. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD, VARIANCES, 7:18 P.M. - 8:07 P.M. Gary and Joan Marquardt, Applicants, were present. Curtis stated in 2001, variances were granted to allow additions to the home on this property which allowed for the construction of the attached garage and the second story resulting in the existing setbacks on the property. The current setbacks are 29.9 feet from the rear, six feet from the side for the garage addition, and the 2.7 foot setback for the house was previously existing. The property is located in the LR-1C, which requires 10-foot side and 30-foot rear setbacks. The applicants are requesting side and rear setback variances in order to allow a second story addition over a portion of the garage and an addition on the lake side of the home for a master suite on the second floor. The request also includes structural and hardcover variances to allow 19.5 percent structural coverage and 28.8 percent hardcover to accommodate a new lakeside deck over a patio that is existing under a portion of the proposed deck. As a result of the 2001 variances, the additions were constructed. According to the survey, the garage was constructed 29.9 feet from the rear. The applicants are proposing to construct additions for the new second story master suite on the lake side and a second story addition over the attached garage for storage. The proposal requires approval of a portion of the new second story to encroach into the 10-foot side yard setback for approximately 10 feet of length for the master bedroom, which narrows as it gets toward the lake. The encroachments are depicted in yellow on the overhead. With 27 percent hardcover currently, the property exceeds the 25 percent hardcover limit permitted on a Tier 1 property. The current hardcover level is 494 square feet over the 2001 variance approved level. The applicants are requesting 374 additional square feet of hardcover for the deck and stair for a total of 700 feet over the 2001 approval. Additionally, in 2001 a structural coverage variance was granted allowing 2,961 square feet of structural coverage or 16.9 percent at that time. The lot area was calculated in 2001 as 17,467 square feet. Today’s survey shows the lot area is 16,994 square feet, putting the 2001 approved structural coverage percent at 17.4 based on the current survey. The property exceeds the 2001 approved level by 72 square feet currently. The applicants are asking for an additional 288 square feet above that level. Staff finds that the proposed additions and changes on the second floor may be reasonable considering the limited impact to the adjacent properties as well as the difficulty resulting in the location of the existing home and the lot line. However, Staff finds the applicants’ request to increase both structure and hardcover above the allowed and previous variance approved levels is not reasonable. The proposed structural addition to the home for a deck increases the existing nonconforming structure and hardcover levels on the property and is not consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the Item #01 - PC Agenda - 01/20/2015 Approval of Planning Commission Minutes [Page 7 of 23]