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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,November 18,2013 <br /> 6:30 o'clock p.m. <br /> With the new home the applicants would be permitted an in-kind replacement of the above grade deck in <br /> the non-conforming location. The applicants wish to improve upon the impact to the adjacent neighbor to <br /> the north at 2691 Caroline Avenue and construct an outdoor living area more conducive to the topography <br /> of the property. The applicants have proposed to construct an elevated patio by adding fill to a level 7.8 <br /> feet above existing grade. The new patio will be screened from view from the property to the south by <br /> existing trees. Because the patio will be nearly 8 feet higher than the existing grade and ahead of the <br /> average lakeshore setback, a variance is necessary. <br /> The new home meets all of the required LR-1C and Shoreland Overlay District setbacks. The proposed <br /> patio will be constructed entirely ahead of the average lakeshore setback line. The proposed patio extends <br /> 22 feet into the average setback including the perimeter wall. The patio will be elevated 7.8 feet above <br /> the existing grade in that location. <br /> The proposed home will be built right up to the average lakeshore setback line.The applicants propose to <br /> grade the lake side of the home up to the 75 foot setback and create a patio off of the first floor of the new <br /> home. This patio will be 7.8 feet above the existing patio on the property today. The patio will be two <br /> feet lower than the adjacent grade outside the home to the south at 2696 Caroline Avenue. <br /> The applicants' property has 28,994 square feet in area; approximately 18,800 square feet of which is <br /> unbuildable due to the average lakeshore setback. The applicants' lot has a unique shape and partially <br /> functions as though it is a peninsula. Their proposal to remove the above grade deck and move the <br /> outdoor living space to the southeast side of their property will improve the potential lake views enjoyed <br /> by Pulver,the neighbor to the north. The two adjacent neighbors have provided letters of support for the <br /> applicants' variance request. Mr. Pulver did request the existing drainage area be maintained. <br /> Staff finds practical difficulty in the shape and orientation of the property. Further the topography and <br /> existing trees on the applicants, and neighbor's property, assure that the views of the lake enjoyed by the <br /> Millers will not be impacted by the proposed elevated patio;the lake views enjoyed by Pulver will also be <br /> improved with the removal of the above grade deck. <br /> Planning Staff recommends approval of the average lakeshore setback variance. The applicant will be <br /> required to comply with the City Engineer's recommendations. A separate permit in addition to the <br /> building permit for the new home will not be required for the patio and walls. <br /> Thiesse asked what the grade will be off the new deck. <br /> Curtis stated the City Engineer provided some comments which the applicants are in the process of <br /> addressing. The City Engineer had recommended a 3:1 slope and has asked for revisions in that area. <br /> Curtis noted the applicants are addressing the City Engineer's comments and will be submitting a revised <br /> plan prior to the application going to the City Council. <br /> Ziv Liberman, applicant, stated he owns the home and that they have lived on the lake for approximately <br /> 30 years. Liberman indicated they would like to take their summer place and put up a new home to <br /> accommodate their grown children and grandchildren. <br /> Liberman stated he is happy to share with the Planning Commission that both of the adjoining neighbors <br /> are in support of the project. Liberman noted the neighbors are actually to the south and north rather than <br /> east and west. <br /> Page 21 of 35 <br />