06/17/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 17,2013 6:30 o'clock p.m. submittal was unintended. If the applicant is able to revise the plan to result in a conforming structural coverage level the reductions may also result in a conforming hardcover level for the property. Within the 75 foot setback area the applicant is attempting to reduce hardcover by eliminating some retaining walls and a large lakeside deck. The applicant is proposing to construct a meandering stair with a circular flat landing at the midpoint. The average lakeshore setback provision is intended to protect existing lake views enjoyed by adjoining property owners. Based on the adjacent home locations, the proposed home will encroach 14 feet into the setback on the north and 19 feet on the south. The applicant's plan appears to improve the views of the lake over the 2967 Casco Point Road property; and due to the separation between the two homes and the location of the tennis court,the adjacent neighbor to the south's views of the lake are not impacted by the proposed encroachment of applicants' home. There are 2 unique elements affecting the applicant's site plan: The southern neighbor's tennis court and the elevated patio at 2967 Casco Point Road. While note used for the average lakeshore setback, the tall fencing surrounding the tennis court obstructs the views of the lake from the applicant's existing and the proposed home. The applicants' plans have been designed so that the lake views from the 2967 Casco Point Road(North)property are improved. Based on survey information the patio at 2967 Casco Point Road is elevated approximately 3.1 feet above grade. This patio does not have a guard rail, however if it were built today it would be required to have a 36"guard rail. The inclusion of a 36" guard rail to this patio would cause the average lakeshore setback line to be measured from the patio as illustrated in Exhibit K. The applicant is proposing to remove an old tall timber wall system, deteriorating staircase and wooden deck right at the lake. If they chose they could rebuild all of the walls and deck in-kind—the excessive 0- 75' hardcover would count against the home rebuild. However, they intend to re-grade the lake yard resulting in a more gradual slope requiring only minimal retaining walls; replace the straight-shot wooden staircase with a stone staircase that meanders. The lakeside deck will be removed and in its place the applicant is proposing a flagstone path to a flat grassed area. The flat area is there today under the wooden deck. The applicant has proposed a landscape plan which incorporates native plant materials for a natural looking lakeshore that will serve to screen most of the hardcover improvements. Comments on the plan from the City's consulting landscape architect are included with the staff report. Conditionally permitted uses must be reviewed using the criteria found in City Code Section 78-916. The criteria were listed and analyzed in the staff report. With regard to this application, items 2, 6, 7, 9, 10 and 13 are generally applicable. The Planning Commission may choose to review the criteria in detail. Staff finds that there may be unique practical difficulties which support the granting of a variance to encroach to some degree into the average lakeshore setback. The tennis court to the south, although not the basis for the average lakeshore setback, will impact the applicant's ability to view the lake when placed at the requested house location and more so if located at the conforming setback. The owners of 2967 Casco Point Road have signed the acknowledgment form provided by the applicant and it is enclosed with the other neighbor acknowledgements in the report. Further,the CUP for the retaining wall and stair work within the 0 to 75 foot zone appears to be reasonable; the landscape plan offers a natural looking slope and the hardcover reductions are consistent Page 2 of 9