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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,August 21,2017 <br /> 6:30 o'clock p.m. <br /> zone limiting hardcover to 30 percent. Proposed Lot 2 would remain in Tier 2. Based on the building <br /> footprint location of proposed Lot 1, after analysis it appears that Tier 3 or 35 percent hardcover <br /> limitations would likely apply. <br /> Curtis noted the Comprehensive Plan provides guidance to the City in adopting ordinances and policies to <br /> achieve the goals and vision of the City. Based on the guidance from the Comprehensive Plan,the City <br /> adopted zoning regulations establishing minimum lot sizes, including those for the subject parcel. The <br /> low to medium density category was not intended to suggest that the City would change the zoning to <br /> allow creation of new lots that are substandard. Since 1975 the City has only twice allowed the creation <br /> of new lots with substandard area. Both were in 2-acre zones and both were for what can only be <br /> considered political reasons. In every other instances when substandard lots are created they have been <br /> created via the PRD process and the City has required the underlying density still be met by the overall <br /> creation of open space outlots. <br /> The Conservation Master Planning requirements apply to all proposed residential subdivisions or multi- <br /> unit residential developments greater than five acres in total area or guided for urban density. The <br /> property meets the urban density guidance trigger and a conservation design pan is required. The <br /> applicant is requesting a waiver of this requirement. The Planning Commission should provide direction <br /> on this issue; however,the City Council will make the final decision. <br /> Staff provided a practical difficulty analysis within the Staff report. Tonight the applicant should be <br /> asked to discuss the practical difficulties supporting their variance request. Staff's analysis found that the <br /> applicant failed to satisfy all of the practical difficulties necessary to grant the variance, which is also <br /> necessary in order to approve the subdivision. The City has historically not created substandard lots <br /> without a rezoning or PRD process. <br /> Staff did speak with one neighbor who was not in support of the variance and/or subdivision of the <br /> property. This neighbor further stated their concern was the lack of regulation preventing the type of <br /> construction the applicant has identified on 940 North Arm Drive. A comment letter from another <br /> neighbor was received today and has been distributed to the Planning Commission. <br /> Curtis noted the home on 940 North Arm Drive was constructed in accordance with the minimum <br /> building code standards. The City does not and may not have a prohibition on any of the different home <br /> or construction types which meet the building code. Staff suggests the City Council may want to explore <br /> the regulations which govern construction types or minimum construction standards relating to minimum <br /> size and/or width of homes. Specifically if the placement of mobile homes on properties within the City <br /> is a concern. <br /> The Planning Commission should consider one of the following motions: <br /> 1. Approval of the lot area variance in order to create a new substandard buildable lot and approval <br /> of the Class III subdivision to create a total of two buildable lots where one lot currently exists. <br /> If the Planning Commission finds variance approval appropriate,the applicant should be directed <br /> regarding the waiver of the conservation design requirements. <br /> 2. The alternative motion to be considered by the Planning Commission tonight is denial of the <br /> variance;thereby denying the subdivision request. <br /> Page 4 of 25 <br />