02-20-1996 Planning Commission Minutes

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• MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 ( 95 - 92109 Todd Smith - Continued) Smith moved, Lindquist seconded, to recommend approval of side and rear variances for a 3- season porch with the provision that the applicant understands that no future structural coverage would be approved without a matching removal to maintain the level of coverage as it now stands. Schroeder noted that this would not bind a future commission. Mabusth said the request would be passed on to the Council. Vote: Ayes 4, Nays 0. ( #6 - #2114 JOAN DAYTON, 2465 FRENCH LAKE ROAD - VARIANCES - PUBLIC HEARING 7:22 -7:38 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Bob Dayton was present. Mabusth reported that the property in question consists of Lots 1, 2, 3 of the Johnson French Lake 2nd Addition, lakeshore lots adjacent to French Lake South Basin. A redefinition of the North Basin of French Lake reclassified the area to the north as wetlands in 1992. Now, instead of a 150' setback from an environmental lake, a 26' setback is required from the wetlands. This results in an improvement to the building envelope for Lot 1 and has opened up the 75 -250' zone for Lot 2. Mabusth noted that a • 1980's application granted a permit for a deck. Up to 1992, the 75' setback was required for new construction. 40 s.f of the deck and 37 s.f of the structure encroaches into the 0- 75' setback zone. Now the entire house is located in the 75 -150' zone. The shoreland regulations now require a 150' setback from the OHWL at 93 L. This results in the entire home being non- conforming and the need for a variance application for any additions to the home. From the 75 -150' setback, there is no structural improvement allowed but a grade level patio or landscaped area underlaen with plastic, etc., would be allowed. Non- structural hardcover is now deemed allowable, though not structural, and non - structural hardcover can be considered conforming. is The applicant seeks a hardcover variance in the 75 -250' zone and lakeshore setback variance for both of the planned additions. The dining room is 88' from the natural environmental lake. The 3- season porch is 86' from the lake. In reviewing the hardcover facts as lots are not combined, there is an excess in the 75 -250' zone within just Lot 2. The 75 -250' area of this lot exceeds the allowed hardcover by 4.1% at 29.1 %. Mabusth said the applicant should be given the opportunity to consider all options before legally combining properties. The applicant was to be asked how he wished to handle this matter of hardcover excess on Lot 2. 22