06-21-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION Monday,June 21, 1999 • (#2) #2492 RICK AND GAIL LUZAICH,2490 OLD BEACH ROAD,AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT—(cont.) Smith inquired who was responsible for the costs of the forester. Gaffron stated that his fees would be charged to the Applicant. Berg commented that she has lived in that area for approximately 20 years with the area existing as depicted in the photographs for that entire time. Stoddard stated the Planning Commission can either vote on what is before us tonight or table the matter to allow the Applicant time to meet with the City's forester. Luzaich stated he would like to negotiate a plan that would be acceptable to all parties. Hawn remarked that it is difficult to negotiate a plan that would be acceptable without the City's forester being present. Hawn stated in light of the disputed facts, it would be best if the Applicant's landscape architect met with the City's forester. Hawn noted she was not in favor of the Applicant's proposed landscape plan. Stoddard commented that the forester's recommendations should be followed. Smith stated she cannot approve this landscape plan as presented. Hawn inquired whether the Applicant would like the Planning Commission to act on this plan tonight or to table the matter, noting that if the application proceeds to the City Council and is denied, the • application would come back before the Planning Commission. Reznick requested that this item be tabled temporarily to allow the Applicant time to discuss his options. (This item was tabled at 7:46 p.m. and follows Item#4) NEW BUSINESS: PUBLIC HEARINGS, CONTINUED (#4) #2497 GAIL S. BRINER, 1760 SHADYWOOD ROAD -VARIANCE, 7:46 p.m. -7:59 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gail Briner,Applicant, was present. Gaffron stated the Applicant is proposing to rebuild an existing rotting deck, which has been removed. The new proposed deck will be in the same location and the same size. The deck area lies within the 0-75'lakeshore setback area. The hardcover amount for the lot will not increase with the new deck, which is at 11.94 percent. Gaffron stated that variances are required to the lakeshore setback to allow the proposed deck to be located within 75'feet of the lakeshore and to permit hardcover in the amount of 11.94 percent in the 0-75' lakeshore setback area to permit the construction of the proposed deck. The amount of hardcover allowed in this area is zero percent. The hardcover will not increase because the proposed deck is to be the same size as the one removed. • Gaffron inquired whether there will be a railing on the deck. 6