05-19-1997 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #13 - #2237 Jim and Roxanne Stasik - Continued) The applicant requested the application be presented to Council at their May 27 meeting. ( #14) #2238 CHIC DWIGHT AND FRED GUTTORMSON,1220 TONKAWA ROAD - VARIANCE - PUBLIC HEARING - 9 :56 -10:27 P,1VL The Affidavit of Publication and Certificate of Mailing were noted. Fred Guttormson was present. Gaffron reported that the application was a two -part request. The first request was for an after- the -fat Lakeshore setback and 0 -75' hardcover variances for an enclosure of a room below the pre - existing deck. The applicant received approval for this enclosure last year with the condition that particular hardcover be removed; the condition was not met. The second request is for a 75 -250' hardcover variance for construction of a detached 30'x32' garage. The garage will be located to meet the 15' side setback. The garage meets the 10' street setback with side facing doors. Hardcover exists at 36.4% in the 75 -250' setback where 25% is allowed. The proposal would result in 35.9% hardcover with removal of a shed and portion of the driveway. A portion of the garage is over gravel. The 0 -75' hardcover exists at 10.90/o which includes an 8' gravel driveway which exhibits new gravel, • and a 4'x9' shed. Another shed appears to have been removed. Gaffron noted there is a loop driveway located in the 0 -75' setback. The deck exists at 34' from the shoreline. The enclosure did not meet building code standards and was completed without a permit. If it is approved, the enclosure would require rebuilding. A hardship statement was provided for the garage. No hardship statement was presented for the deck enclosure, but the enclosure had been approved previously but expired because the resolution was not signed and no permit was issued. Gaffron pointed out that the lakeshore deck and gravel driveway are still present on the property. Their removal was required in the previous resolution. Gaffron asked the Commission to consider whether hardship is demonstrated and if other removals should be required to reduce the hardcover. He questioned whether the loop driveway should be in the 0 -75' setback. He asked the Commission to verify that conditions of Resolution 3611 should be applied. He suggested the possibility of allowing the applicant five years in which to remove the lakeside deck. Gaffron said Staff does not necessarily recommend approval of such an amortization period but recommended conditions 1 -4 as outlined in the packet. Guttormson said he had added windows placed on the existing railroad ties to enclose the deck. He believed this would not be considered permanent as the windows are removed in is the summer months. He then found he needed an approval and the work performed to building standards. Guttormson said he would like to maintain the lakeshore deck. 18