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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday, September 21,2020 <br /> 6:00 o'clock p.m. <br /> Chair Ressler said it looks like the current sidewalk and steps are encroaching slightly on the average <br /> lakeshore setback. <br /> Ms. Oakden responded, potentially, if they rise 42 inches above existing grade. She said they're allowed <br /> to have things within the average lakeshore setback if they're low to the ground(under 42 inches). <br /> However anything above 42 inches over existing grade triggers the need for a variance and is seen as an <br /> encroachment. <br /> Chair Ressler said that's interesting,whether hardcover or not. <br /> Ms. Oakden said they're allowed to put hardcover in the average lakeshore setback. <br /> Gettman asked if there are any pictures of 1973 Fagerness Point Road,the home they're trying to mirror. <br /> Ms. Oakden pulled the picture up onscreen and noted it had approved variances in 2019, and they <br /> reconstructed an existing garage, changed the shape of it slightly, and she believes they moved it back off <br /> the street farther and made it slightly wider to make it more conforming and improved some of the <br /> setbacks. <br /> Gettman asked if there are any other similar lots,where regardless of the improvement they are still <br /> encroaching on the setback. <br /> Ms. Oakden replied most of the lots along Fagerness have encroachments, and some received variances, <br /> but are all variances based on existing conditions or existing structures. She clarified they are not creating <br /> new encroachments but amending existing buildings. <br /> Chair Ressler noted the term they refer to often is building like-kind and improving positions, and that <br /> jumps out at him on this. <br /> Gettman said he is struggling because there appear to be a number of neighbors who, from whatever <br /> timeframe or purpose, have been allowed to encroach on that setback. <br /> Kirchner said he struggles to encroach further or even in this case to break into that envelope of <br /> encroaching into a setback. While he understands there are others in the neighborhood and nearby, he <br /> noted it is not a like-kind improvement but a new construction addition to the home and he doesn't <br /> believe he can support it. <br /> Erickson stated they've been cautioned about designing someone's project for them, but noted it's so <br /> basic, and asked if it's correct if the ordinance looks for a 15-foot driveway and the Applicant is <br /> requesting a 14-foot driveway to allow the construction of a new 24-foot deep addition. He asked if it <br /> was a 23-foot addition,that the driveway requirement would be met. <br /> Ms. Oakden answered that is correct, for driveway standards,the City requires a 15-foot space of <br /> driveway equal to the width of the garage doors, which is one of the applicable variances for this <br /> application. She noted if they made it 15-feet, that variance would then be resolved, but it would not <br /> resolve the street-yard setback variance. Depending on how that changes as it pertains to average <br /> lakeshore setback, she is not sure if one foot would resolve that setback,they'd need to see how it would <br /> be applied. <br /> Page 12 of 27 <br />