06-08-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2015 7:00 o'clock p.m. 8. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY, 1025 SPRING HELL ROAD — VARIANCES (continued) A variance to permit hardcover within 75 feet of the ordinance high water level is also requested. The property is served by a private septic system and must meet a 100 -foot structural setback. The addition to the eastern portion of the home is proposed to be set back 84 feet from the ordinary high water level and lakeward of the 100 -foot setback. The addition/modifications to the western portion of the home are ahead of the average lakeshore setback line but will meet the 100 -foot setback. The in - ground pool is proposed to be 60 feet from the OHWL and lakeward of both the 100 -foot and average lakeshore setbacks and would also consist of hardcover within the 0-75 foot setback. The Planning Commission at its May 18 meeting held a public hearing and reviewed the application including the evidence submitted. There were no public comments made during the public hearing. The adjacent lakeshore neighbors provided written comments in support of the variances. Following the public hearing, the Commission voted 5 to 0 on a split motion as follows: 1. Approval of the lake setback and average lakeshore setback variances to allow construction of the eastern addition and the modifications to the portion of the home on the west; and 2. Denial of the lake setback, average setback, and hardcover variances relating to the pool. Following the Planning Commission meeting, the applicant has provided additional supporting documentation and would like the opportunity to speak further about the practical difficulties tonight. Additional hardcover calculations have also been provided for the 0 to 75 -foot zone, which reflect a proposed increase of 760 square feet of hardcover as a result of the pool and pool deck. Planning Staff' has provided a practical difficulties analysis on Pages 4 and 5 of the Planning Commission staff report. Based on this analysis, Staff recommends approval of the variances to allow construction of the eastern addition and the modifications to the portion of the home on the west. Staff recommends denial of setback and hardcover variances relating to the pool. Staff finds that the location of the existing home currently encroaches into the 100 -foot setback which makes it difficult to make modifications or additions to the lake side of the home. The existing home is one-story. One story additions are proposed, which lessen the massing when viewed from the lake. Due to the elevation change from the lake level to the home level, the two additions to the home may not be visually apparent when viewed from the lake. In addition, it does not appear that the adjacent property owners will be adversely impacted by the two additions to the home. Staff finds that there are special conditions relating to the existing home and property which support granting the requested lake setback and average lakeshore setback variances for the additions. There are special conditions that Staff finds relating to the existing home and property that support granting the requested lake setback and average lakeshore setback variances for the two home additions. However, the proposed pool will be located within the average lakeshore setback, within the 100 -foot structure setback, and almost entirely within the 75 -foot zone where no hardcover or structure is permitted. Staff finds that although the visual impacts of the pool will be minimal from the lake and from adjacent properties, the setback and hardcover variances would serve merely as a convenience to the owners as there are alternative locations where such an amenity could be located on the property. Page 9 of 19