04-17-2017 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 17,2017 6:30 o'clock p.m. outlined in Staff's memo and to recommend Option 1 as it relates to the buffers. VOTE: Ayes 6, Nays 0. (Recess taken from 11:38 p.m. to 11:40 p.m.) 12. #17-3925 CITY OF ORONO,TEXT AMENDMENT: SMALL LOTS/SETBACKS, 11:40 p.m.— 12:12 P.M. Barnhart stated the issue of setbacks for small lots within the City has been on the ordinance review list for several years. Last fall the Planning Commission identified this as the fifth highest priority. Barnhart stated included in the Commissioners' packets are three maps. Throughout the City there are lots that have been developed inconsistent with the zoning district. Map A shows all lots that are less than a quarter area in blue. A number of them are located in the Navarre area. Barnhart stated in those areas the zoning is between 1/2 acre, 1 acre, or two acres. The result is a number of nonconforming lots. The effect on lot owners with nonconforming lots is that a new or expansion of a portion of the structure within the required setback, including an expansion going up, requires a variance. To address the issue, some adjustment of the setback is necessary. The Planning Commission should consider the following options: Option 1. Create a new zoning district for these neighborhoods, establishing unique lot sizes, widths, and setbacks. A new zoning district should be introduced cautiously, as the opportunity for unintended consequences is higher because many sections of the code unrelated to lot size and width speak specifically to a particular zoning district. Staff does not recommend establishing new zoning districts at this time. Option 2. Amend the size,width,and setback requirements for existing zoning districts. This would apply to all lots within that zoning district and could conceivable yield additional density through lot splits. Option 3. Amend yard setbacks in selected districts based on the lot size or width. Barnhart stated in developing a proposed ordinance, Staff examined 36 different lots chosen at random in "hot spot"neighborhoods throughout the City The area and lot width were noted and the side yard setbacks were calculated, either through the survey or by measuring from an aerial photo. Of the 36 lots, 23 exhibited non-conforming setbacks on at least one side, and of these, nine had nonconforming setbacks on both sides. Of the 32 nonconforming setbacks, 19 had setbacks less than ten feet. Staff supports an amendment that prescribes side yard setbacks for nonconforming lots due to width as a function of the lot width, proposed to be measured at the applicable lot width. Barnhart noted the chart contained within Staff's report provides some examples of the various lot sizes and the minimum setbacks based on the draft ordinance. In addition,the proposed language defining how the side yard setbacks will be measured has been included in Staff's report. Page 44 of 48