10-12-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 21, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Ms. Oakden replied when the application was first submitted, this line (noted onscreen), was not shown on the Survey and is something Staff required as part of the review. Once applied, Staff identified that the average lakeshore setback variance would be required and was published as such. If the Applicant wishes to meet the setback, the entire corner would need to be removed or behind the line. Chair Ressler asked if that is inclusive of stairs. Ms. Oakden responded yes, inclusive of stairs as they’d only allow up to 42 inches to encroach, so if the stairs rise over 42 inches above existing grade, it is seen as an encroachment. She showed onscreen that the stairs rise relatively steeply, so the homeowner would have to provide elevations and show that they meet the average lakeshore setback in any amended plans they may wish to submit. Chair Ressler asked how the stairs are currently. Ms. Oakden showed a current elevation onscreen, noting a relatively flat driveway and that the stairs go up in a curved fashion, noting she doesn’t have elevation measurements on the stairs, but they would measure from existing grade per the survey. Chair Ressler said it looks like the current sidewalk and steps are encroaching slightly on the average lakeshore setback. Ms. Oakden responded, potentially, if they rise 42 inches above existing grade. She said they’re allowed to have things within the average lakeshore setback if they’re low to the ground (under 42 inches). However anything above 42 inches over existing grade triggers the need for a variance and is seen as an encroachment. Chair Ressler said that’s interesting, whether hardcover or not. Ms. Oakden said they’re allowed to put hardcover in the average lakeshore setback. Gettman asked if there are any pictures of 1973 Fagerness Point Road, the home they’re trying to mirror. Ms. Oakden pulled the picture up onscreen and noted it had approved variances in 2019, and they reconstructed an existing garage, changed the shape of it slightly, and she believes they moved it back off the street farther and made it slightly wider to make it more conforming and improved some of the setbacks. Gettman asked if there are any other similar lots, where regardless of the improvement they are still encroaching on the setback. Ms. Oakden replied most of the lots along Fagerness have encroachments, and some received variances, but are all variances based on existing conditions or existing structures. She clarified they are not creating new encroachments but amending existing buildings. Chair Ressler noted the term they refer to often is building like-kind and improving positions, and that jumps out at him on this.