04-24-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 20,2017 6:30 o'clock p.m. Landgraver noted the house is being pulled back but the pool will be closer to the lake. Thiesse stated the pool would still be outside the 75 -foot setback. Thiesse stated as far as Mr. Lopez's property, to his understanding his views are not protected since his property is not lakeshore. Thiesse stated the people who own lakeshore properties have the ability to build on their lots. Thiesse stated while it would be nice that they take into consideration Mr. Lopez's views, they are not obligated to. Lopez asked if the 6 -foot privacy fence is allowed on the side lot line. Thiesse stated it would be allowed if it meets the City's standards. Lopez asked if he is saying that he has no say in whether they get a variance. Lopez stated he does not mind if they construct a house on the property but that the height of the roof will exceed what is currently there. Lopez stated presently the yard slopes down toward the road and they will backfill with dirt and raise the elevation of the proposed house. As a result, it will be a pretty tall house. Thiesse stated Mr. Lopez does have the ability to come forward at the Planning Commission and state his concerns. Thiesse noted the maximum height of the house is limited to 30 feet and that the applicants could propose a rambler that is 17 -foot tall or put in a house that is 30 feet tall. Lopez asked if he basically has no say on the variances. Thiesse stated if the applicants can show a practical difficulty and it seems to reasonably meet the intent of the law, the variances would likely be granted. Lopez commented that he does not feel a $2 million house is a reason to allow a summer pool house. Chair Thiesse closed the public hearing at 9:18 p.m. Thiesse stated he sees the privacy fence as a practical difficulty given the county road and the headlights shining at this house as cars come around the comer. Curtis noted the applicants are permitted a fence as long as the fence is located within their property. Curtis stated as it is shown, the fence does cross into the County's property to the east. Landgraver asked what the elevation of the pool and terrace is. Curtis indicated it is approximately six feet higher than existing grade due to the tiered walls. Curtis noted the City Engineer did review the plans and that the applicants are essentially building an elevated structure. Curtis stated the pool is a structure within the average lakeshore setback, and the height of the patio, even without a pool, would require the requested variance. Schoenzeit stated the Planning Commission listens to all the comments and apply them when appropriate, but when you look at the applicant's request and the code, they are reasonable requests and use of the property. Schoenzeit stated the City's Code does not provide non-lakeshore neighbors protected sightlines of the lake. Page 30 of 43