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CITY OF ORONO <br /> PLANNING COMMISSION MEETING <br /> Monday,May 15,2017 <br /> 6:30 o'clock p.m. <br /> Thiesse commented he cannot remember the last time the City had a variance request for just a side yard <br /> setback and that he does not see any reason to streamline it. <br /> Schwingler asked whether this would be considered spot zoning. <br /> Barnhart stated if individual neighborhoods are rezoned,someone could make an argument for spot <br /> zoning. Barnhart stated if the zoning parameters are changed,he would not consider that spot zoning. <br /> Thiesse stated one possible way would be to make it administrative from eight to ten,and if it does not <br /> meet what the City is looking for,the person would need to apply for a variance. <br /> Barnhart stated whatever the setback is approved at,he would be able to approve it, and that in his view <br /> this version of the draft ordinance solves what the City is trying to achieve. <br /> Schoenzeit stated in his view the 10-foot setback,even on small lots,is another nice feature to prevent <br /> homes from being on top of one another. Schoenzeit noted the City can look at the variances on a case- <br /> by-case basis. <br /> Thiesse stated since a side yard setback typically is not requested by itself,it would not really help <br /> streamline the process at all. <br /> Leskinen indicated she is in agreement and that it would be better to look at the lot on an overall basis. <br /> Barnhart noted there are three issues that are being addressed with the draft ordinance. The first is side <br /> yard setbacks and nonconforming lots. The second issue was unimproved rights-of-way,and the third <br /> was side yards adjacent to the street. <br /> Schoenzeit stated the goal of streamlining things will not happen and that these are unique situations that <br /> should be reviewed on a case-by-case basis. <br /> Thiesse noted if a person lives next to an unimproved right-of-way,it might be a case where a person <br /> could get by without a variance. <br /> Schoenzeit questioned how many of those situations exist and whether it is necessary to change the <br /> ordinance to address them. <br /> Barnhart stated when you have a nonconforming lot adjacent to an old fire lane and that requires a 30-foot <br /> side yard setback rather than 10 feet,that can be pretty drastic to a property owner. In the case where the <br /> right-of-way happens to be improved at a future time,potentially there is a risk that the road will be closer <br /> than 35 feet if the text amendment is adopted. <br /> Leskinen commented she would be inclined to accept a 10-foot setback next to an unimproved right-of- <br /> way and leave everything else as is. <br /> Thiesse and Schoenzeit indicated they are in agreement with Commissioner Leskinen. <br /> Barnhart stated under that scenario, Sections 2 through 5 would be stricken, and the only setback change <br /> would be the side yard setback adjacent to unimproved rights-of-way. <br /> Page 4 of 23 <br />