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MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ 5. LA18-000099 JOHN ORTIZ, 835 FOREST ARMS LANE, VARIANCES, 7:29 P.M. - 7:38 P.M. John Ortiz, Applicant, was present. Curtis stated the applicant is requesting an average lakeshore setback variance to permit the construction of an addition to the home on the lakeside of the home with a pergola covered deck completely ahead of the average lakeshore setback line. Also proposed is a new 30-inch raised patio. Based on the neighboring home locations, the existing home is approximately 19 feet ahead of the average lakeshore setback line. The applicant would like to construct a small addition to the home over the deck on the lakeside but not further toward the lake than the existing home. An open pergola-roofed area is proposed to be constructed lakeward of the new addition on a new elevated patio. The patio will be elevated 30 inches from grade, which is permitted in the average lakeshore setback. The existing lake side grade-level deck will be removed and replaced with a larger patio and then elevated 30 inches from existing grade. Construction of an addition to fill in a notched-in area to the home and an open pergola-roofed area on the new patio is also proposed. The proposed improvements will extend as much as 11 feet closer to the lake than the existing home and approximately 33 feet into the average lakeshore setback. The patio is less than 42 inches from grade and therefore is not required to be located behind the average lakeshore setback line. The proposed improvements will be entirely lakeward of the average lakeshore setback line. The applicants’ home encroaches into the average lakeshore setback line and there is no conforming location on the lake side of the home to construct structural improvements. The neighboring properties likely have no lake views over the applicant’s property as both of the adjacent homes are oriented away from this property. A variance to allow the structural improvements to encroach up to 33 feet ahead of the average lakeshore setback is requested. The applicant’s property fronts on a long channel and is somewhat disconnected from the lake. The configuration of the subject property along the end of the channel creates a unique view. The neighboring home to the south at 855 Forest Arms Lane is set back further on their property than the subject home. It has no lake view of the applicant’s property and their home is oriented to the south. The neighbor to the north faces more directly west toward the channel rather than over the applicant’s property. The properties along the lake side of Forest Arms Lane have deep lake yards and the homes are situated nearer to the street side of the properties. The depth of the lake yards, combined with the curvature of the channel shoreline, result in difficulty for the property owner in identifying a conforming location for improvements to their property. In addition, there are mature trees separating the applicant’s property from both of their neighbors which will likely screen most of the views of the improvements. Staff finds practical difficulties supporting the variances given the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline. Public comments have been received and have been included in the Planning Commission’s packet.