01-19-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • ROLL: The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard, Dale Lindquist, Lili McMillan, and Charles Schroeder. The following represented the City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren,Assistant Zoning Administrator Paul Weinberger, and Recorder Lanette Wolf. Chair Smith called the meeting to order at 6:30 p.m.\ (#1)#2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD,VARIANCES AND CONDITIONAL USE PERMIT, 6:30 p.m. -6:47 p.m. The applicants were not present. Joe Dzurik, builder for the applicants, was present. Van Zomeren stated this application came before the Planning Commission on August 17, 1998, October 19, 1998, and November 16, 1998. She reviewed the site plan and stated that the applicant proposes to excavate and remove a total of 344 cubic yards from the property. Since this excavation is proposed within the 75' lakeshore setback, it requires a conditional use permit. The application also needs a lot area variance because it is new construction. It would also need a lot width variance because the lot is less than 100'wide at the setback. A structural coverage variance would be required because the proposal is 17.6%where 15% is the allowed structural coverage. Hardcover in the 75' lakeshore setback is currently at 21.5%. The proposal would bring the hardcover down to 18.6%which still exceeds the requirement,which is zero. Van Zomeren said that it is recognized that no hardcover in the 75' lakeshore setback would be difficult on this lot. She said that in the 75'-250' setback, there is currently 32.9% hardcover; 34.1% hardcover is proposed and 25% is allowed. • Hardcover variances are requested in both of the setbacks from the lake. Another variance is needed for the average lakeshore setback. The sideyard setbacks can be met. The proposed garage encroaches 3 feet into the required 30' setback from the street and requires a variance from the street yard setback. Van Zomeren explained that the Zoning Code requires that the height for this proposed residence be measured from the garage level which is proposed at 934. The allowed height from the garage side to the midpoint of the roof is the 974 elevation. Van Zomeren stated that staff does not find that there is a hardship for the average lakeshore setback or the structural coverage and recommends denial of the requested variances. Smith asked for clarification of the difference between the previous proposal and the current proposal. Van Zomeren showed the difference in the plans. Van Zomeren stated that it is not typical City policy to allow land alteration in the 0'-75' setback. Joe Dzurik, builder for the applicants, stated he feels that staff's interpretation of the elevation is incorrect. Stoddard reviewed comments made at the previous Planning Commission meetings. The Commission members had stated they would like to see a footprint for the house that did not call for variances and the applicant should try to limit the house to 1,500 square feet and 25% total hardcover. Stoddard said he could approve variances for the lot area, lot width, lakeshore setback and street yard setback, but he could not approve the variances for structural coverage, average lakeshore setback or height. Lindquist said he feels the project will have to be redesigned due to the site constraints. Joe Dzurik asked if the height variance would be approved. • Van Zomeren said it is a design issue. Page 1