02-08-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 19, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA20-77 PREMIUM CONSTRUCTION LLC, 2967 CASCO POINT ROAD, VARIANCE (STAFF: LAURA OAKDEN) Timothy Oare, Applicant, was present. Staff presented a summary packet of information. The Applicant is asking for an average lakeshore setback to allow for a chimney for a wood burning fireplace to be constructed lakeward of the average lakeshore setback (ALS) along the north side of the new home. Staff finds practical difficulties are not met and Planning Commission should determine if the ALS variance is supported by the submitted practical difficulties and make a recommendation. This property received an average lakeshore setback variance and hardcover variance in 2019 (LA19-000048) to construct a new home. At that time a chimney was anticipated on the south side of the property behind the average lakeshore setback. The Applicant has received a building permit for a new home (RPS20-000142) with the chimney removed from the plans, which meet the approved variances and city codes. They are now asking for this chimney and it is not necessarily the footprint of the chimney but the height as the ALS has a 42-inch height requirement. The Applicant submitted neighbor acknowledgement signatures from the two abutting neighbors. Staff finds practical difficulties are not met with what was submitted and that the chimney would act as a convenience and not necessarily for reasonable use of a single-family home for the property. Chair Ressler asked if it is a gable that it is supposed to be limited to. Ms. Oakden replied the ALS is limited to 42 inches in height so they technically can construct things lower than that. Because this was not shown on the original plans for the variance, this height issue of the chimney was not anticipated and not reviewed by the Planning Commission or City Council when the variance was granted. So, this chimney is a new visible sightline expansion within the ALS so it triggers the need for a re-review or a new variance to allow it. Chair Ressler said not only is she saying it is a height concern but it is also encroaching on side yard setbacks. Ms. Oakden replied no, just the ALS. The original house the Planning Commission saw in 2019 for the variance showed a 12-foot setback and when the building permit came in and this house, they have proposed they pulled the house back to 14 feet. This footprint of the chimney always anticipated house massing in that space. The actual footprint of the chimney being lakeward is not necessarily the concern but it is the height of the chimney in that new sightline expansion that is triggering the ALS variance. Bollis asked if the overall footprint of the house is getting smaller. Ms. Oakden noted they just pivoted the house so the overall footprint of the house and hardcover from 2019 is the same.