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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 28 9. #11-3520 HAROLD & SANDRA WINGERD, 1376 BALDUR PARK ROAD, VARIANCE – RESOLUTION NO. 6074 Harold and Sandra Wingerd, Applicants, were present. Curtis stated the applicants are requesting hardcover variances in order to reorient their existing driveway to access directly from Baldur Park Road and move the garage doors from the side to the end of the garage. A portion of the applicants’ current access to the property is over the neighboring property. As illustrated by Exhibit A, the neighbor to the northwest, Puzak, has two easements for access purposes over the Wingerds’ property. The Wingerds previously utilized a portion of Puzak’s property to enter their driveway. Based on recent events, the Wingerds can no longer use their current access. To solve their access issues, the Wingerds are now proposing to reorient their garage doors from a side load to an end load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75-250 foot zone. Variances to allow 32.8 percent hardcover in the SW 0-75 foot zone where 30.7 exists, 40.3 percent hardcover within the NE 0-75 foot zone where 40.8 percent currently exists; and 53 percent hardcover within the 75-250 foot zone where 37 percent currently exists are requested with this application. The Planning Commission voted 6 to 0 at their August meeting to approve hardcover variances in order to reorient the driveway as proposed. The Commission directed the applicant to revise the plans to reflect a more functional driveway with a back-up area, add a sidewalk to the front door, and leave a portion of blacktop to address the neighbor’s concerns. Baldur Park Road as it approaches the point is approximately 12 plus feet wide. The Wingerds are proposing to remove a large blacktop apron area in front of the existing garage, as it is currently oriented, to improve permeability and aesthetics. Some of the blacktop removal is proposed within Puzak's larger easement resulting in at least a 12-foot wide driveway before it widens out on Puzak's own property. The removals will not limit Puzak's access to his property. Staff discussed the proposal with Orono Police Chief Correy Farniok and determined that any width in driveway in excess of 12 feet has no additional emergency access benefit. Puzak spoke at the public hearing and submitted a letter expressing concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. The driveway access easements referenced on the applicants' survey are attached as Exhibits E and F. Planning Staff recommends approval of variances to allow 32.8 percent hardcover in the southwest 0-75 foot zone; 40.3 percent hardcover within the northeast 0-75 foot zone; and 53 percent hardcover within the 75-250 foot zone to reorient the driveway. Harold Wingerd stated his wife purchased the property in 2002. In approximately 2007 or 2008, Mr. Puzak purchased the adjoining 9 to 12 lots. They are requesting that the west facing garage doors be relocated to be south facing due to the fact that Mr. Puzak has placed eight huge boulders near their garage doors and they cannot access the garage due to the boulders. Mr. Puzak has indicated that they are blocking his access. Wingerd indicated they have been in litigation over this issue for three years. During Mr. Puzak's deposition, he could only note two times when he could not access his property. One was on New Year’s Item #03 - CC Agenda - 09/26/2011 Approval of Council Minutes 09/12/2011 [Page 12 of 28]