09-12-2022 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION Monday, August 15, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 4. LA22-000040 KRIS MURPHY, 1971 FAGERNESS POINT ROAD, REQUESTS A 75’ LAKE SETBACK VARIANCE TO RECONSTRUCT LAKESIDE RETAINING WALLS AND STAIRS. (STAFF: MELANIE CURTIS) Kris Murphy, on behalf of the Applicants, was present. Curtis gave a presentation on the item stating the subject property has an existing, failing timber wall and stair system. They plan to reconstruct all of the walls and stairs in the same location and setback from the lake. However, due to the change in wall materials from timber to boulders, the walls will have a larger footprint than existing. Additionally, the existing stair is narrow (ranging between 18” and 2.5 feet in width) and not very functional. They plan to install a 4 foot wide granite stair with a 12 square foot pea rock landing at the turn in its place. A setback variance is required for the new walls. The Applicant has identified the failing retaining wall, protection of the hillside and the need to provide reasonable access to the dock as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding practical difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. The existing timber retaining walls are made with narrow timbers which are tiered and support the hillside of the property. The existing landscape timbers are not well-suited to support the slope. The existing and proposed stair and wall configuration allow for the existing lake access. The new walls are proposed to utilize the existing footprint and will be constructed at the same setback from the lake. Retaining walls are not permitted within the 75 foot lakeshore setback and in order to replace the system, a setback variance has been requested. A building permit is required and the City Engineer and Building Official will review the plans at the time of permit to determine if an engineering plan is required. Staff finds existing conditions of the failing retaining wall, substandard stairs, and vulnerable hillside are practical difficulties supporting this request. Staff recommends approval of the lake setback variance for the improvements as proposed. Staff further recommends additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. Curtis noted one slight change to the plans submitted earlier in the day and note the Applicant can answer questions regarding that. Kris Murphy, project manager from Backyard Reflections, stated no substantial trees will be removed. He spoke about the boulders and steps taking up more space than the timber wall and addition of vegetation to with deep root structure to help secure the hillside. Chair McCutcheon opened the public hearing at 7:02 p.m. Chair McCutcheon closed the public hearing at 7:02 p.m. McCutcheon thinks this is pretty minimal and the Applicant is just trying to get to the lake which is their right. Kirchner and Kraemer agreed. Kraemer moved, Kirchner seconded, to approve LA22-000040, 1971 Fagerness Point Road, Variance. VOTE: Ayes: 5, Nays 0.