02-21-2017 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2017 6:30 o'clock p.m. Schoenzeit commented the property is very limited given the street setbacks and that the addition is a positive improvement. Landgraver noted there is a house located further down Briar that also required some variances due to the setbacks. Curtis stated the lot consists of a third of an acre and that the zoning is for a 2-acre lot. Landgraver stated the setbacks are a mitigating factor. Berg moved, Schoenzeit seconded,to recommend approval of Application No. 17-3889,Timothy and Jane White,2170 Prospect Avenue, granting of street setback variances. VOTE: Ayes 4,Nays 0. 6. #17-3890 DENALI CUSTOM HOMES ON BEHALF OF STEVE AND STACIA ANDERSEN,517 FERNDALE ROAD NORTH,AFTER-THE-FACT VARIANCE,7:14 P.M.— 7:45 P.M. David Bieker, Denali Custom Homes, and Steve Andersen, Applicant, were present. Curtis stated the applicant constructed a new residence on the property starting in May of 2015. The project was completed and an as-built survey was submitted in July of 2016. Upon Staff review of the as-built survey, it was noted that two entrance monuments had been constructed near the road which did not meet the required 10-foot setback from the edge of the pavement according to City Code Section 78-1405. The entrance monument pillars are located 3.5 and 4 feet away from the traveled portion of the road. The entrance monument pillars were not included in the original building permit for the home but were shown on a subsequent survey submitted for the swimming pool permit. A separate building permit is required for entrance monuments and construction drawings are required. With the application for the swimming pool permit,no construction drawings were submitted. The subject property boundary extends into the private road. Entrance monuments are permitted to be closer to the street than other types of accessory structures. The Code requires a minimum of a 10-foot separation from the paved,travelled roadway for the construction of entrance monuments for safety reasons. The entrance monuments are located 3.5 and 4 feet from the pavement. The City Engineer did review the monuments and his comments are included in the packet along with comments from one of the neighboring property owners. Staff finds that there may indeed be practical difficulties supporting the location of the entrance monuments. However, entrance monuments are an amenity and not a necessity. There is adequate space between the driveway and the road for some type of entrance monument to have been constructed to meet the 10-foot setback. Should the Planning Commission find practical difficulties exist to allow the monuments to remain as constructed, additional comments regarding support should be provided. Staff did not find a practical difficulty for the monuments and recommends denial. Page 9 of 15