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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,March 16,2020 <br /> 6:00 o'clock p.m. <br /> Mr. Vogstrom said it would have to be a couple of feet with the existing grade.He noted the garage is <br /> lower than the main floor and that is where there is a transition in grade.He stated it is a triangular-shaped <br /> 3-square foot piece. The other area could be added without any variance. <br /> Curtis clarified that it requires an average lakeshore setback variance and is 73 square feet;that 3 feet is in <br /> the 75-foot setback. <br /> Ressler asked if he was reading the diagram correctly:the orange line indicates the 75-foot setback and <br /> the yellow boxed area is the proposed addition. <br /> Curtis stated he was correct. <br /> Ressler asked if that was encroaching on the setback. <br /> Curtis noted the yellow line indicates the average lakeshore setback,the orange line is the 75-foot,and the <br /> red triangle is the 3 square feet within the 75. <br /> Bollis said the applicant is allowed to build like-kind,and they are not able to build the mechanicals for <br /> this house for like-kind to what they had.He does not think it is fair to say they have to take up additional <br /> square footage in their home for the like-kind,because now they have lost square footage due to replacing <br /> a like-kind.He would be in favor of it if he voted right now. <br /> Doepke stated he agreed with Bollis. <br /> Erickson said the Staff recommendation is well-taken.Although it is a small variance, it is a large house <br /> and it leads one to believe there are other places within the house it could go.He noted there have been <br /> other cases where the Commission has strictly adhered to the 75-foot setback.He is a firm believer of the <br /> principle of applying ordinances,standards,and policies as equally as possible.He noted he leans towards <br /> a denial on that basis. It is only 3 feet,but it starts a precedent that leads down a slippery slope. <br /> Ressler indicated that the Commission's job is to make things as compliant as possible and allow for <br /> variances as a last resort.He believes the design is reasonable,but their job is to determine whether it is <br /> viable for a variance due to demonstrating enough practical difficulty.He has heard some good arguments <br /> regarding the like-kind concept.He would like to make the small area basically go away but is not sure <br /> whether that is possible.He is not sure the application,as pieced together,demonstrates enough of a <br /> practical difficulty to grant a variance exception as applied. <br /> Ms.Dunkley said that someone could have a house this size and give up a bedroom,but she feels it is a <br /> hardship to take space designated for something else. She thinks everyone would have a hard time doing <br /> that. She said they have taken a long time to come before the Commission to ask for this;the fire was <br /> October 11. It is not their fault 3 separate codes have changed; and if the fire had not occurred,they <br /> would be allowed to live like they were.Because they had the fire,they are required to upgrade to the <br /> new code. She did not want to remodel her home; she loves her home.The iron staircase can't move,nor <br /> should anything else have to be moved.If it can come from the same area it was,they would not have to <br /> redo electrical plans;they would just need to redo where everything came up,and so on. She believes it is <br /> definitely a hardship. She said it might not be written up that way in City Code,but if any of them have <br /> ever been through a fire,they might be more understanding. She does not understand how anyone on the <br /> Page 8 of 16 <br />