07/21/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 21,2014 6:30 o'clock p.m. Thiesse requested the Planning Commission discuss the ordinance regulating the height of engineered retaining walls be discussed at a future work session. 3. #14-3655 JOE AND DONELLE FELDMANN,805 FOREST ARMS LANE,VARIANCE, 6:52 P.M.—6:58 P.M. Joe and Donelle Feldmann,Applicants,were present. Curtis stated in April of this year the applicants received approval of variances allowing an in-ground pool to be constructed 112 feet from the ordinary high water level and retaining walls to be constructed 100 feet from the ordinary high water level where a 176 foot average lakeshore setback is required and up to 11 feet into the established buffer. Curtis stated the approved survey site plan and hardcover calculations submitted with that application did reflect the currently proposed three-season porch and deck. However, due to a miscommunication,those elements were not specifically discussed as part of the previous variance review. The property owners were not aware that the variances had not been specifically granted for the screen porch and deck additions. Tonight the Planning Commission is being asked to review an average lakeshore setback variance for the thee-season porch and deck additions. Since there is no adjacent home on the north, the average lakeshore setback line over the subject property is determined by the distance between the lake and the adjacent home to the south. The neighboring home at 815 Forest Arms Lane is set back 176 feet from the lake. The proposed screen porch and deck will be located entirely lakeward of the average lakeshore setback line. No additions can be constructed on the lake side of the home without approval of an average lakeshore setback variance. Curtis noted the applicant's property is the last lot which fronts on a long channel and is somewhat disconnected from the lake. The neighboring property's northern views over the subject property are not of the lake but rather West Branch Road. The location of the neighboring home and the nature of the channel create practical difficulties for the property owner. In addition,there are mature trees separating the applicant's property from their southern neighbor which will likely screen most of the views of the proposed additions. Planning Staff recommends approval of the average lakeshore setback variance allowing the construction of the screen porch and deck as shown on the corrected survey and deck plans. Leskinen asked if the deck plans have changed from what was presented in the original survey that was approved. Curtis indicated no deck plans were submitted at that time but the configuration on the survey has changed. Curtis stated the applicants have added a little catwalk to a landing that was already proposed to be hardcover but will now be part of an elevated deck. The plans that are in the packet show the layout of the deck, with the square footage being amended. Curtis stated the hardcover is conforming. Leskinen asked if the reconfiguration increases the encroachment. Curtis indicated it does not since it goes to the north. Page 6 of 30