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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 11 (4. #13-3628 THOMAS POTTER ON BEHALF OF RODNEY AND BARBARA BURWELL, 1100 MILLSTON ROAD, VARIANCES – RESOLUTION TABLED, Continued) Planning Staff recommends approval of the application and a resolution has been drafted for approval by the City Council. The requirement requires that an as-built survey with as-built hardcover calculations be prior to the release of the escrow. There are a number of other projects in progress on the property and Staff feels it is not practical to require one after every project. McMillan stated she would like the applicant to address the hardship issue and why the structure needs to be located within the setback. McMillan indicated she does not have an issue with the second structure but that she has a question why it needs to be built within the setback. If a new garage was built, the applicants would have reasonable use of the property but that they may not be able to get four stalls. Since it is a secondary garage, she personally has some concerns about encroaching into the side setback even though it is a larger lot and the structure would be screened. Levang indicated she had the same questions. Potter stated the current garage faces the same direction and the new structure faces the other direction. The layout relates to the turnaround space that is available. The smaller detached garage will be removed. The property owner requires additional storage, which was the reason for requesting the additional space. McMillan commented it is unfortunate the application has gotten this far in the process without someone raising the issue of whether it is a practical difficulty. McMillan stated having a garage is a reasonable use but the fact that it is an oversized accessory structure that encroaches into the side setback is a concern. McMillan stated in her view it is not a practical difficulty with the land but more so a convenience for the homeowners. McMillan stated she understands why the applicants do not want to shorten the garage up too much since it would limit a person’s ability to park a car. Potter indicated originally they thought about constructing it a little bigger but then they decided they could get by with 24 feet, which is about the minimum depth for a garage. McMillan stated her main concern is having an oversized structure encroaching into the setback when there is a fair amount of property available. McMillan stated she understands the need for placing the garage in that location for convenience sake but that perhaps the garage could be reduced in size and be conforming to the setback. McMillan commented the Council attempts to be fair and requires smaller properties to comply with the setbacks as well. Potter stated he understands. Levang asked if any other configuration was considered. Potter stated given the number of stalls the applicant would like and given his inability to get around physically, he preferred to have it close to the house, which resulted in this proposed location. Potter noted they are not really adding much additional hardcover since they will be removing the existing smaller detached garage and that they hoped that would be given consideration for encroaching into the setback. Item #03 - CC Agenda - 10/14/2013 Approval of Council Minutes 09/23/2013 [Page 3 of 11]