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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />Tuesday, February 18, 2020 <br />6:00 p.m. <br />Libby noted the replacement decking is like -kind to what was there originally, which is galvanized piping <br />and brackets with deck tops sitting down on them rather than plinth blocks and footings suspending a <br />deck surface. <br />Mr. Haack stated he was correct, they are dock materials. <br />Libby said in dock terms, that would be considered to be the starter of a portable dock that goes out on the <br />lake that needs to be removed because of seasonal heights. <br />Ressler asked if the deck was affixed to the house in any way. <br />Mr. Haack said it is floating, sitting on the rails, and not attached to the house. <br />Gettman referenced the photo of the original deck and said other than the one post, he does not see any <br />other posts and there are steps to the left of the post not attached to the post. <br />Mr. Haack said the posts were low and all the way across. He thought there were posts around the steps <br />that came down. He has a picture of when the sections were off showing just the original metal posts, <br />although he did not have it with him. <br />Gettman asked if there was a foundation or just posts. <br />Mr. Haack said it was just posts. <br />Curtis said Staff isn't looking at if it is like/in-kind construction. Rather, it's the hardcover and location. <br />In Staffs opinion, if there is a like/in-kind replacement, it needs to be what was there from the hardcover <br />standpoint and change in elevation of the deck. It functions as a deck so she is calling it a deck. Whether <br />it is built out of concrete or metal posts is irrelevant because it is hardcover and it is not in-kind when you <br />look at the elevation changes. Just like the building, there is a volume increase from grade of the surface. <br />Mr. Haack referenced a photo and indicated the stone was brought down. He does not have an elevation <br />to say whether it's up or down, but it's quite possible that the stone is slightly lower. <br />Curtis said she can see that it is different. The hardcover that was there is something the owner can have <br />because they had it before. The level of hardcover on the property today with the deck isn't allowed <br />because it wasn't approved to be at the level with what the square footage of the deck accounts to. The <br />builder says he's under if the decking is taken away, and she's suggesting if there's to be a deck transition <br />from the door to the dock, it can be fitted into the remaining hardcover. The rest of it was not accounted <br />for in the approval and it needs to be addressed at some level. <br />Mr. Haack stated that could be removed. The posts were in place when the as -built survey was done. <br />Curtis said the surveyor would not have surveyed dock posts, which is why Staff did not know they were <br />there until the inspection. Starting from scratch, if there is a dock which needs to transition to the shore, <br />Staff would consider whatever dock width that's allowed by the LMCD at the lake and it would not be <br />counted against the hardcover, Staff would call that dock. She stated it is clearly a landing, a deck. If he <br />wanted to call it a dock, it's larger than the minimum dock width allowed. <br />Page 3 of 30 <br />