03-08-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o’clock p.m. __________________________________________________________________________________ 1. LA20-000074 EDWARD CALDWELL, 746 TONKAWA ROAD, VARIANCES (STAFF: MELANIE CURTIS) Edward Caldwell, Applicant, was present. Curtis presented a summary packet of information. The Applicants are requesting hardcover, lake setback and average lakeshore setback (ALS) variances in order to construct a new, more functional, and larger lakeside deck. They are requesting the variances in order to expand their deck by approximately 150 square feet. The existing deck is situated partially lakeward of the Average Lakeshore Setback (ALS); 79.6 feet from the Ordinary High Water Level (OHL), and the property’s hardcover currently exceeds 25%. The new deck, shown in blue on screen, is proposed to be 73.8 feet from the lake and will encroach approximately 3 feet more into the ALS than the existing deck. The proposed survey showing the new deck was not submitted until last Monday; upon review it reflected the unintentional encroachment of the deck into the lake setback. Today Staff spoke with Mr. Caldwell regarding the recommendation in the Staff report for denial and he has agreed to reconfigure the deck so that it does not encroach into the 75- foot setback. Tonight, the Planning Commission should focus on the ALS and the hardcover variances as the Applicant is prepared to provide a new deck configuration. The property currently exceeds the hardcover limitation by approximately 1,400 square feet and in order to avoid a hardcover increase with the project, the Applicant is proposing to offset the new deck hardcover with reductions resulting in a total net decrease of 47 square feet. Included in the removals are a 77 square foot lakeside concrete patio, parking area, and paver steps indicated in red hashed areas on the survey. Staff finds due to the existing home location, the shared driveway easement with the neighbor to the north, and the location of the neighboring homes with respect to the lake, there may be practical difficulties supporting the additional minimal encroachment in to the ALS and the hardcover variance requested to allow construction of a slightly larger deck. Supportive comments have been received from neighbors on each side of the property. Staff recommends approval of an ALS variance and a hardcover variance with reductions as noted. Staff further recommends denial of the two variances resulting in the deck within the 75-foot setback which the Applicant has agreed to resolve. Plans for the deck should be reconfigured prior to City Council review so that it does not encroach into the 75-foot setback. Ressler asked what the elevation of the proposed deck is. Curtis replied it will come off the main floor of the rambler home; she does not know the actual height but showed a drawing on screen of the home and proposed deck. Ressler thinks it is about 7.5 feet. Edward Caldwell, 746 Tonkawa Road, approached the podium and said he has been an Orono resident for 29 years. He said the property was in disrepair when they bought it 29 years ago and they have made vast improvements to the house and the outside grounds. He noted they love living in Orono, and his wife is somewhat incapacitated due to medical reasons. Mr. Caldwell has been a caregiver for his wife for almost 3 years; his oldest daughter Angie came with him tonight and he has four daughters who all went to Orono High School. When the Orono Activity Center went in, his family purchased a brick that was sold to help finance the project which read “The Caldwell Family – Spartans Forever” and it showed Angie ’84, Amy ’85, Aundie ’87, and Anne ’92. His oldest daughter Angie was the first member of the girl’s golf team in 1984 to be chosen to go to State. Mr. Caldwell’s daughter Angie said from her perspective, her parents live on the lake and the family goes there for dinners and the kids come when everybody is in town. The reason they are trying to enlarge the