09-19-2022 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION Monday,August 15,2022 6:00 o'clock p.m. City Planner Curtis gave a presentation on the item,noting the Applicants currently have an existing elevated deck on the south side of their home facing the lake(shown in yellow). The deck is a screened in half circle,with a patio below and a pergola above.Due to the location of the home to the east,the deck,a portion of the Applicants' home, is lakeward of the average lakeshore setback line. They wish to construct a new,rectangular deck with a reduced setback from the lake(shown in red). The new deck will be approximately 100 square feet larger than the existing.The existing circular deck is situated approximately 101 feet from the ordinary high water level(OHWL);the proposed deck will be 103 feet from the OHWL.Currently the deck encroaches into the required street setback from Fagerness Point Road;the new deck will resolve this encroachment.The existing deck is located approximately 27 feet lakeward of the Average Lakeshore Setback(ALS)and the new proposed deck will improve that setback by 2 feet. The affected property owner at 1945 Fagerness Point Road has provided comments on the Applicants' request and does not oppose the variance. Regarding practical difficulty, Staff concurs that the triangular shape adds to the challenge of development.The property is a corner lot,and the home on the property to the east determines the average lakeshore setback. The eastern neighboring home is situated closer to the lake than the Applicants' home resulting in challenges for lake side improvements of the home.Planning Staff recommends approval. William Peters 1950 Concordia Street, said when they bought the house they received a similar variance due to the triangular location and setback. Chair McCutcheon opened the public hearing at 6:52 p.m. Chair McCutcheon closed the public hearing at 6:52 p.m. Kraemer moved,Erickson seconded,to LA22-000039, 1950 Concordia Street,Variance.VOTE: Ayes: 5,Nays 0. 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 Page 6 of 9