08-09-1976 Council Meeting Minutes

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� . � �ORONO COUNCIL MEETING HELD AUGUST 9, 1976 Page 3 � The existing garage extends over the lot line onto VARIANCE � the vacated Oak Place. Therefore, I would recommend 1345 North Arm Drive we include the condition that the 5� lots and the (Continued) � vacated street be combined into one parcel. A sub- division would then be required before any future • proposal for additional building sites could be . approved by Council. ` Planning Commission r•Seeting - August 2, 1976 � The Zoning Administrator presented the building plans to the Commission. Mr. Ryan was present • to explain his plans for this addition, The Planning Commission recommended approval subject � to providing fire separation as required by the � State Code and the combination of all the individual parcels and vacated street. The � subject of the vacated street should be referred to the Attorney to resolve its actual status. � Searles moved, t7assengale seconded, to approve � the variance for Fred Ryan, 1345 North Arm Drive, as per the Planning Commission minutes of August 2, � 1976, subject to verifying that all properties � are part of vacation, Motion, Ayes (4) - Nays (0) , � Henry Pluhich, Building & Zoning Administrator, VARIArTCE • stated that Travis Smith, 1945 Fagerness Point 1945 Fagerness Point Road • Road, originally obtained a building permit to construct a dwelling as located on the ori�inal � survey. Either the owner or contractor changed this pronosed location to the opposite corr.er, � �^lhen we made our first footing inspection, the � footing appeared to be set back the necessar_y 30 ° . �Tithout the proper engineering instruments, � it is impossible to measure the horizontal distance • over mounds of dirt and into 4 ° or 5' excavations. � Since the building has been framed in, P�ir. Larry Shaw, a neighbor, has turned in a complaint of_ � encroachment on the rear lot line. We requested a new survey £rom the Smiths which they submitted r on July 7, 1976. The new survey does confirm the • allegation of encroachment, Since learning of this, the Smiths have submitted an application for • a variance from the rear yard setback requirement. The location of the house as built is 26 ' 8" from � the rear lot line which is 3' 4" short of the required 30 ' setback requirement. • �This parcel is one of the two resulting from the replatting of Fagerness Green Subdivision which . was approved December 10, 1973. Please note the shaded shoreline area across the street from the � subject property as shown on the enclosed copy ot the Fagerness Green Subdivision. This shoreline � area was evidently not included in this plat. (Continued)