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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 12, 2017 <br />7:00 o'clock p.m. <br />22. #17-3939 JOHN BAILEY, 2807 CASCO POINT ROAD, CONDITIONAL USE PERMIT — <br />Continued <br />Seals noted if this plan is not approved, the slope will remain as is and could potentially become worse. <br />Crosby moved, Dankey seconded, to direct Staff to draft an approval resolution on Application No. <br />17-3939, John Bailey, 2807 Casco Point Road, granting of a conditional use permit. VOTE: Ayes 5, <br />Nays 0. <br />23. #17-3940 JASON AND ANALISE PETERSON, 4105 HIGHWOOD ROAD, VARIANCES <br />Curtis reviewed her Staff report dated June 12, 2017. The applicants would like to construct a new home <br />to the existing detached garage. The Planning Commission recommended approval of the application <br />with the exception of the 2 -foot side setback for the tiered decks. Staff recommends denial of the 2 -foot <br />side setback and denial of a lake setback variance to permit the tiered decks to encroach into the 75 -foot <br />lake setback. <br />Printup asked why a variance is needed for the height. <br />Curtis stated the height is measured at the highest existing adjacent grade to the mid -point of the peak, <br />which is 32 feet. Curtis stated the new portion of the house, if it was not attached to the garage, would <br />meet the height limitation of 30 feet, but attaching it brings it up to the 32 feet. As part of the original <br />variance that approved the detached garage, the resolution made a stipulation that any future home <br />connected to the garage would require a height variance due to the topography. <br />Jason Peterson, Applicant, commented it is a challenging lot but the goal was to improve the lot by <br />reducing the hardcover, improving the drainage, and enhancing the appearance of the house. The <br />majority of the existing house is located within the 75 -foot setback. Peterson stated the additional <br />hardcover being requested is related to the square deck. Peterson noted they had originally proposed a <br />triangle shaped deck that followed the setback line but the Planning Commission had recommended that <br />the deck be made square so it would be more functional. <br />Peterson indicated they tried working with the neighbor on the sightlines. On the southeast comer of the <br />house, that was cut off an angle to help with the sightlines. Peterson noted there used to be a variance <br />request for the east side but they have eliminated that to accommodate the neighbor. Peterson stated <br />moving the house out of the 75 -foot setback created somewhat of a hardship. <br />Crosby asked if any of the deck will encroach into the 75 -foot setback. <br />Peterson indicated the deck will encroach into the 75 -foot setback since it has now been squared off. <br />Gary Germnudsen, 4101 Highwood Road, stated his main concern relates to the 75 -foot setback and the <br />15 -foot setback. Geminudsen stated there basically will be a wall coming 30 feet straight up from the <br />edge of the property line. Germnudsen indicated his house sits back 15 feet in that comer and that his <br />sightline will be affected. The other three homes in that area are all behind the setback. Geminudsen <br />stated if the applicant wanted to, since he is adding a 41 -foot addition, he could go backwards and take <br />ten feet off of the house or remove the deck. Gennnudsen noted that would still leave the house within <br />the 75 -foot setback but it would be less of an encroachment. Geminudsen stated he doesn't want his view <br />Page 12 of 19 <br />