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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />Tuesday, February 16, 2021 <br />6:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br /> <br />9. LA21-000012 CLAIRMONT DESIGN BUILD, 1260 SPRUCE PLACE, VARIANCES <br />(STAFF: LAURA OAKDEN) <br /> <br />Rick Severson of Clairmont Design Build, Applicant, was present. <br /> <br />Staff presented a summary packet of information. The Applicant is looking to construct a second story <br />addition to an existing home which is located on a substandard lot. The footprint of the home is not <br />proposed to change; the existing home encroaches in the side yard setback, 75-foot lake yard setback, and <br />the average lakeshore setback. The proposed improvements are all vertical and the property is currently <br />over in hardcover and there are no proposed changes to the existing footprint or the setbacks to the <br />property. The red shown on screen is the footprint of the existing home, so the white is identified as that <br />proposed second story. The Applicant identified the substandard lot and existing home location as the <br />practical difficulty for supporting the request. Staff finds there are a number of property characteristics <br />making improvements to this lot challenging. The substandard lot is 50 feet wide and ¼ of an acre, where <br />1 acre and 140 wide are the standard, leaving little area for modest expansions. The existing home <br />footprint currently has a 6.5-foot side yard setback in the northeast; she noted the setback on screen where <br />the current home sit 6.5 feet and 7.5 feet is required. The existing house footprint is also roughly a foot <br />into the 75-foot lake yard setback at 74.3 feet, and the property abuts an unimproved right-of-way to the <br />north. The average lakeshore setback (ALS) is established solely by the house to the south which is set 83 <br />feet back from the ordinary high-water level (OHL), making the existing house footprint encroach <br />approximately 11 feet into that ALS. She said the proposed second story addition encroaches in those <br />three ways, and are all vertical encroachments. These are practical difficulties to support the requested <br />variances. The southern neighbor at 1270 Spruce submitted a letter of support included in the packet. <br />Staff is recommending approval. <br /> <br />Gettman asked if Staff has any picture of the neighboring houses and how they sit on the lots. <br /> <br />Oakden showed an aerial photo with some neighbors, but does not have any street views. <br /> <br />Libby is not seeing in any dimensions or illustrations what the maximum two peak roof height is with the <br />added addition. <br /> <br />Oakden believes she did an analysis on height and they were not proposing to be above the 30 feet. <br /> <br />Ressler noted there was a change in the last few years as to how they measure that 30 feet and asked if <br />that is true. <br /> <br />Oakden stated they clarified the building height definition and they now measure from the midpoint of a <br />gabled roof. They used to take into account some windows on the second story and do a midpoint from <br />there. <br /> <br />Rick Severson with Clairmont Design Build approached the podium. He noted it is not on the drawing <br />but the height at the maximum is 23 feet 4 inches. Going back to the aerial photo, the lay of the land is <br />the lot to the south is the highest, 1260 is midway, and then it drops again. The roofline on the south lot <br />is substantially higher than the 23 feet 4 inches at the highest point, and it is from the main floor not from <br />grade. However, grade in this house is very close to the main floor.