03/17/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 17,2014 6:30 o'clock p.m. John Daly, Revisions, LLC, was present. Curtis stated the applicant is requesting an average lakeshore setback variance in order to conduct improvements to the existing home and roofline ahead of the average lakeshore setback. The property owners are currently undergoing an interior remodel of the home and the builder is requesting approval of the setback variance to allow for primarily cosmetic improvements to the roof of the existing home on the property. Due to the configuration of the lakeshore and the neighboring homes,the existing home is situated almost entirely ahead of the average lakeshore setback line. Since the property to the west is vacant, the average lakeshore setback line for the subject property is somewhat assumed. The applicants have also proposed to remove the east lake-facing deck and construct a new deck with a screen porch and chimney facing the lake on the east side of the home ahead of the average lakeshore setback line. The proposed improvements to the home will be conforming with respect to all zoning district and lake setbacks, height, structural coverage, and hardcover limitations with the exception of the average lakeshore setback. The majority of the new roof with proposed screen porch and deck will be constructed entirely ahead of the average lakeshore setback line. The applicant has provided illustrations which highlight the proposed changes to the roof and the home. Portions of the roof will be raised above existing by two feet. The new deck will replace an existing deck which extends approximately two feet closer to the lake. The proposed screen porch will meet the required 30-foot side setback from the east property line but will be considered new structure ahead of the average setback line. A 30-foot tall chimney is also proposed to serve the fireplace to be installed in the screen porch on the east side. Due to the orientation of the lakeshore,the subject property functions as though it is a peninsula. The existing home is located almost entirely ahead of the average lakeshore setback line based on the existing home to the east and an estimated conforming location of a future home on the vacant lot to the west. Even with the nonconforming location of the previous home on the vacant lot to the west,the subject home is well ahead of the average lakeshore setback line and the home to the east is located well to the north of the subject home. It does not appear the views of the lake from the home to the east will be adversely impacted by the applicants' proposed changes to the roof. There is a significant amount of tree vegetation between that property and the subject property. The proposed screen porch, chimney and new deck may be visible from the property to the east, however, as that home appears to be primarily situated to face toward the southeast and does not have significant windows facing the lake over the subject project. Based on the shape and orientation of the vacant lot, it is reasonable to assume that a new residence will orient toward the lake and not over the subject property. Staff has not received any public comments regarding the request. Staff finds there is a practical difficulty in the shape and orientation of the property and lakeshore. In addition,the orientation of the adjacent lots toward the lake and the existing trees on the applicants and neighbor's property help ensure that the views of the lake enjoyed by the neighbors will not be significantly impacted by the proposed screen porch with chimney, new deck, and changes to the shape and height of the roof. If the Planning Commission finds practical difficulties exist justifying the requested variances, a recommendation of approval of the average lakeshore setback variance would be appropriate. Page 12 of 26