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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, March 18, 2019 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />2. LA19-000007 TOM RAUSCHER, 2799 PHEASANT ROAD, VARIANCES, 6:32 P.M. – <br />6:51 P.M. <br /> <br />Tom Rauscher, Applicant, was present. <br /> <br />Curtis stated the applicant is proposing to redevelop the property with a new home and is requesting <br />approval of lot area and lot width variances, an average lakeshore setback variance, lake setback variance, <br />and a hardcover variance. <br /> <br />The proposed home will be a rambler with a walkout basement, but because they are proposing increasing <br />ceiling heights and therefore expand the volume of the home, variances are required. The existing home <br />is located 61.2 feet from the OWHL and encroaches up to 24 feet lakeward of the average lakeshore <br />setback line. A 388 square foot portion of the home is within the 75-foot setback as well as some stone <br />stairs and retaining walls. There is also an existing 158 square foot patio on the walkout level of the east <br />side of the home and a smaller, 38 square foot landing on the west side within the 75-foot setback. <br /> <br />The applicant is proposing to construct the new home to fit within the existing footprint on the lake side <br />of the home encroaching into the average lakeshore and 75-foot setbacks. A new 462 square foot patio is <br />proposed on the first-floor level in the southeast corner of the home. Variances for setback are required <br />due to the increase in mass within the existing nonconforming footprint. The 75-foot hardcover variance <br />is relating to the new patio hardcover and location. <br /> <br />Curtis displayed sketches of the new home and noted the red line indicates the elevation profile of the <br />existing home. <br /> <br />The proposed hardcover level of 24.9 percent reflects a 155 square foot overall increase from the existing <br />conditions and 266 square feet of additional hardcover is proposed in the 75-foot setback due to the <br />proposed, larger patio. The proposed home is 896 square feet larger than the existing home. Structural <br />coverage is proposed at 12 percent. <br /> <br />Staff finds that due to the applicant’s choice to build a replacement home within the existing footprint, <br />there are difficulties limiting the volume expansion within the existing setback from the lake. The <br />location of the neighboring homes creating the average lakeshore setback also impacts the proposed <br />volume increases. The proposed 61.2-foot setback from the lake affects the opportunities for <br />improvements on the lake side of the home. <br /> <br />The relocation of the lakeside patio to the main level of the home results in the loss of the <br />“nonconforming” status of the existing patio setback and hardcover. The new patio request may be <br />reasonable, but Staff suggests a reduction in the size so that the 75-foot zone hardcover is not increased <br />over existing. <br /> <br />Planning Staff recommends approval subject to the Planning Commission agreeing with or identifying <br />practical difficulties supporting the variance. Staff does not support the larger patio in the 75-foot lake <br />yard as proposed. <br /> <br />The Planning Commission had no questions for Staff. <br />