08/18/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 18,2014 6:30 o'clock p.m. Lemke stated he also is in agreement that it would be an improvement to the site. Landgraver moved,Thiesse seconded,Application No. 14-3663,Lauren Patnode,3596 Shoreline Drive,to recommend approval of the proposed site plan,granting of the five variances and two conditional use permits as outlined in Staff's report,subject to all conditions listed in Staffs memorandum dated August 18,2014; to limit parking by all delivery vehicles to the back parking lot; and subject to the condition that the storage area of the building shall be related to the office and service use. VOTE: Ayes 6,Nays 0. 6. #14-3675 RYAN AND STACY ALNESS,XXX ELMWOOD AVENUE/PID 07-117-23-11- 0027,VARIANCES,7:26 P.M.—8:03 P.M. Ryan and Stacy Alness, Applicants, were present. Gaffron noted the applicants have formally withdrawn their variance to height request. The applicants initially were proposing to have a three-story house but have been redesigning their house plans to meet the 2-1/2 story limit following the July Planning Commission meeting. The applicants are still requesting an average lakeshore setback variance. Gaffron displayed the site plan on the overhead. Gaffron pointed out the two houses that set the average setback line for the subject property, noting the line goes through the middle of the proposed structure. Gaffron stated the buildable area of the site, after you take into account the 10-foot side setbacks and the 30-foot street setback, leaves approximately a 600- foot buildable area, which is not large enough for a reasonable sized house. The lot is functionally not buildable for a typical residence without an average setback variance. The intent of the average setback ordinance is primarily to protect the lake views a lakeshore property owner enjoys over their neighbor's lakeshore yard and avoid the"tunnel view"effect of being set back further from the lake than one's neighbors. In the current situation, lake views enjoyed by the owners of the neighboring residence to the north at 1135 North Arm Drive are potentially affected by the proposed location of the applicants' home. The house at 1135 is slightly skewed on its lot, and its existing views of the lake are slightly angled across the applicants' property. The house at 1135 is set back from the lake a significantly greater distance than most other lakeshore homes in the immediate neighborhood. Gaffron stated an additional factor for consideration is that the house at 1135 sits substantially higher in the topography than the applicants' proposed house. The existing patio-level grade at the lake side of 1135 based on the 1997 survey is approximately 978.5 feet and the deck floor above it is approximately 987.9 feet. The applicants' revised roof peak is at approximately 982 feet. Gaffron stated someone sitting on the deck of the neighbor's house would likely have views over the top of the house, and if someone is sitting at the neighbor's patio, they may be looking across the top of the house. Gaffron stated the applicants have revised their plans to lower the house two feet into the ground. The wing that would house the garage has not been changed except for lowering the peak by two feet. The Planning Commission is being asked to consider whether one or more of the above factors, or other factors, establish a practical difficulty that justifies granting an average setback variance. Staff would request that the Planning Commission take action tonight either approving or denying the application. The application would then go before the City Council at their September 8 meeting. Page 11 of 33