05-13-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 8. LA19-000024 STREETER AND ASSOCIATES ON BEHALF OF PETER AND NICOLE THOMAS, 1385 ORONO LANE, VARIANCES, 8:00 P.M. – 8:15 P.M. Daren Willenbring, Streeter and Associates, and Peter Thomas, Property Owner, were present. Curtis stated the home on this property was originally constructed in 1927 and is almost entirely within the 75-foot setback from the lake. The existing lakeside patio was constructed over a basement level well room. The cap to the well room is leaking and the owner needs to repair the area. Since the existing patio needs to be removed to conduct the repairs, the applicant proposes a reconfiguration of the patio to add landings under new lake side doors within the required lake yard and a variance is necessary. The existing hardcover level will be reduced. The intent of the applicable ordinance is to not have hardcover within the 75-foot lake yard. Existing hardcover is permitted to be replaced in-kind. The proposed reconfiguration and removal of some existing hardcover seems to support this intent. The variance process is to preserve the use of the property where practical difficulties exist. The protected use of the property is a residential dwelling and not accessory patios. The addition of patio areas to the lake yard seems to be a convenience not supported by a practical difficulty. A better solution, if the Planning Commission and Council support the reconfiguration, would be to initiate an ordinance amendment that allows for the reconfiguration of hardcover within the lake yard. To date, no public comments have been received. Planning Staff recommends the Planning Commission evaluate the practical difficulties and make a recommendation regarding the request. Thiesse asked if the patio is considered structure and whether a portion of the basement is located in the 0-75-foot zone. Curtis indicated that is correct. Willenbring stated he has nothing to add to Staff’s report. Thiesse asked if they have to have some impervious material under the rock in order for it to be considered hardcover. Curtis indicated that is true. Chair Thiesse opened the public hearing at 8:04 p.m. There were no public comments. Chair Thiesse closed the public hearing at 8:04 p.m. Erickson stated in his view there is a strong case for the variances since this is an older house and they have a leaking well, which needs to be repaired.