11-21-2016 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Lemke asked if the applicant has spoken with the neighbors. Amy Sullivan indicated they have and that no one had any objection. Lemke commented the building makes sense. Leskinen stated in her view it meets the practical difficulty criteria as outlined in Staff's report. Leskinen stated given the deep setback of the house,there really is no other place to locate the structure. Thiesse noted all the other zoning requirements are met. Schoenzeit stated the proposal seems reasonable. Schwingler moved,Schoenzeit seconded,to recommend approval of Application No. 16-3872, Revision,LLC,on behalf of Timothy and Amy Sullivan,440 Brown Road South,granting of a variance subject to the property owners agreeing to the oversized accessory structure covenants that will be contained within the approval resolution and septic information being submitted. VOTE: Ayes 5,Nays 0. 7. #16-3873 RYAN AND NATALIE BLACKWELL,80 SMITH AVENUE,VARIANCES, 6:55 P.M.—7:01 P.M. Natalie and Ryan Blackwell,Applicants,were present. Curtis stated the applicants' home is situated as close as 17.8 feet to the front lot line,which is Smith Avenue, 11.8 feet from the north side lot line, approximately 90 feet from Lyman Avenue on the side,and over 200 feet from the rear lot line. The majority of the home is nonconforming with respect to the front and side yard setbacks,although the house as it is could be legally rebuilt in kind in its current location. The applicants are proposing to construct footprint and second floor additions to the existing home which will allow for additional bedrooms and living space. The applicants are proposing a 12-foot extension towards the street resulting in a 22.3 foot setback as well as expansion of the garage 11 feet also within the front 50-foot setback. With the exception of the 15' x 19' master bedroom at the rear of the house,the entire home is located within the 50-foot setback. The proposed expansions of the second story over the existing home and proposed additional both require front and side yard setback variances. In addition, two new rear decks are proposed,with variances being required. Staff has provided an analysis of the practical difficulties within the Staff report and the Planning Commission may ask for additional testimony regarding this application or discuss the practical difficulty criteria. No public comments have been received regarding this project. Staff finds that the nonconforming location of the house resulting in limited to no expansion opportunities on a nearly one acre property constitutes a practical difficulty with respect to making any improvements or changing the footprint. The variances are supported by practical difficulties and Staff recommends approval of the variances as requested. The Planning Commission had no questions for Staff. Page 6 of 19