10-20-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 36 of 59 The buildable envelope, as shown, is roughly 12 feet deep and 30 to 40 feet wide. Gaffron indicated it is not large enough to construct the proposed house on it without variances. Gaffron stated the proposed house is located 12.9 feet from the rear lot line where a 30-foot setback is required and results in a separation to the neighboring residence to the northwest of about 40 feet. That neighboring home is directly uphill from the proposed house and drainage from that home flows naturally towards the proposed house. The proposed house is set back from the road 25.4 feet from the side street lot line where 35 feet is required. In addition, the Code-required minimum setback for a detached garage facing the street is 30 feet. The proposed tuck-under garage is not an accessory structure, but the principle of maintaining a 30-foot setback for parking will be somewhat compromised by a 25-foot setback. The west side requires a 10- foot setback, which the proposed house does meet. Gaffron stated more critical is the average lakeshore setback. The average lakeshore setback requirement for this property is defined by the lake setback of the residence structure on the only adjacent residential lot, which is 1555 Orchard Beach Place. That house is approximately 125 feet from the ordinary high water level. Any proposed structure at 1565 would have to be set back 125 feet from the ordinary high water level, which is impossible because the applicant’s lot is only 110 to 120 feet in depth. The zoning code contains provisions for an administrative average setback approval provided certain conditions are met. Evidence has been submitted by the adjoining property owner indicating they would not agree to the approval required for issuance of an administrative average setback variance. Development on this lot potentially could obstruct lake views of the adjacent owner, and the neighbor’s lack of approval would negate the authority for administrative approval. The applicants are proposing a house that covers less than 11 percent of the lot area, meeting the 15 percent limit. The house is also below the 1,500 square foot allotment the code provides for lots less than 10,000 square feet in area. Approximately two-thirds of the property is within 75 feet of the lake and would not have been allowed hardcover credit for that zone under the City’s old regulations. Under the new hardcover tier system, 25 Item #01 - PC Agenda - 10/20/2014 Approval of Planning Commission Minutes 09/15/2014 [Page 36 of 59]