03-15-2021 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,March 15,2021 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis, Bob Erickson, Matt Gellman, Scott Kirchner, Dennis Libby, and Mark McCutcheon. Representing Staff were Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, and City Planner Laura Oakden. City Council representative Matt Johnson was also present. Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved,Bollis seconded,to approve the Agenda.VOTE: Ayes 7,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 16,2021 Kirchner moved,McCutcheon seconded,to approve the minutes of the Orono Planning Commission meeting of January 19,2021 as submitted.VOTE:Ayes 7,Nays 0. PUBLIC HEARINGS 1. LA21-000016 SCHIMMEL CONSTRUCTION, 1405 REST POINT RD, VARIANCES (STAFF: MELANIE CURTIS) David&Kathryn Wiemer,Applicants,were present. Staff presented a summary packet of information. Curtis stated the Applicant proposes to build a 125 square foot addition on the south side of the home and an approximate 500 square foot deck on the lakeside. The addition is shown on screen in red and the deck is shown in yellow on the survey. The property is non- conforming with respect to area,width,hard cover,and setbacks. The entire home is located within the 75- foot setback from the lake. The proposed addition is shown to encroach within the 30-foot rear street setback and the 75-foot lake setback. The deck is shown within the 75 foot and average lakeshore setbacks. Existing hardcover on the level today is 22.7%with almost all of the hardcover within the 75-foot setback. The 75-foot setback is the line that starts here [noted on screen] and goes diagonally through the driveway. The Applicant is proposing an increase of approximately 604 square feet for 27.2% total site hardcover. Hardcover, lake setback, average lakeshore setback (ALS), and rear street setback variances would be required. Curtis noted the lake and rear street setbacks overlap eliminating the buildable area, creating a practical difficulty for development of the lot. The existing home has an approximate 2,000 square foot footprint which does result in reasonable use of the property. The 500 square foot deck and 125 square foot addition are relatively minimal, however, result in additional encroachments in both the rear and lake setback areas and add to the non-conforming hardcover on the property. The neighboring home to the north is located approximately 30 feet from the lake, determining the ALS which is not shown on the survey but she can provide an aerial photo. The Applicant's proposal results in additional encroachments with the deck proposed at 23 feet and the addition to the home as close as 45 feet to the lake. Staff has received no public comments on the application. The practical difficulty analysis was provided in the Staff report; regarding practical difficulty, Staff finds that there are no practical difficulties supporting the current variances to further encroach within the required setbacks to increase the total site hardcover above 25%or to place a deck within the ALS. In summary, Planning Staff recommends denial of the variances as proposed. Page 1 of 34