10-24-2022 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING October 10, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 7 15. LA22-000036 – SCOTT GATES O/B/O LISA THOSTENSON, 2815 CASCO POINT ROAD, VARIANCES Scott Gates, Applicant, was present. Staff presented a summary packet of information. Curtis noted this application is regarding average lakeshore setback, side setback, and hardcover variances as part of additions to the existing home including changing a hip roof to a gable roof within the sideyard and average lakeshore setback (ALS). The Applicant is proposing a first floor lakeside deck within the ALS which exceeds the 42 inch height allowance; a hardcover variance of 26.4% is requested. The Applicant has recently applied for a building permit to construct a garage on the rear of the home and is removing an existing detached garage. In September the Planning Commission held a public hearing and received numerous comments from the public. During discussion the Commission provided feedback to the Applicant on each project elements and voted 7-0 to deny the application as applied. Staff recommends denial as applied. Scott Gates, 545 Second Street #298, Excelsior, noted changes tonight are to the roof and the deck; everything else meets requirements of Code and setbacks. He noted the owners have decided to keep the existing structure rather than tear it down and rebuild. They worked hard to create something attractive, that fits the character of the neighborhood, and minimize conflicts. Based on extensive comments from neighbors, the Applicants have made changes, moving the garage and pulling out a screen porch and office. Mr. Gates spoke about the setbacks and the garage with a gable roof similar to the homes on the other sides. By running the roof front-to-back it ties into the garage addition and does not change the look to the neighbors on the other side. Regarding the rear and the ALS, the practical difficulties are from the irregular setbacks with the house at 2817 (east side) is setback considerably more than the house at 2813, he noted the next homes to the other side of 2817 is roughly 80 feet which is a typically buried setback scenario. He thinks in the past that has been a practical difficulty to some extent. Mr. Gates noted in putting gable roofs they shed all the water to the sides of the home, add gutters on both side of the home, and take the water to the front and out to the street rather than the backyards. He stated the practical difficulty is the house location and position. Regarding the deck, Mr. Gates noted they will take out the existing patio due to water damage and spoke about two parts to the deck with the 10x16 deck at-grade with a 10x20 deck approximately 5 feet off the ground. In looking at the ALS and the view from the neighbors, they can only see a small corner of that deck and noted a row of 5-6 junipers which screen the view. He knows that the intent of the ALS is to protect a reasonable view of the lake and the neighbors will still have 160-170 degree view of the lake. Patty Yorks, 2825 Casco Point Road, is here out of concern. She noted as a realtor she has seen many projects and she is concerned for safety noting it is lucky the fire at 2813 was on the bank and not the house because several listings there have had fires. She thinks coming closer in on the side creates a safety issue. She stated everyone on that ridge has the same size lots and have all found a way to comply with the City’s setbacks. She wanted a deck just like the Applicant and picked up the house to move it back to add those things on the front and still comply with requirements. Ms. Yorks spoke about a retaining wall that they dug out and put gravel in, noting they never went forward into the lake. As a realtor, the first thing people do in looking at million dollar homes is look at the view. When they see crap in the view it devalues the property because they want an unfettered view. This sets a precedent in going into the ALS and she believes it will affect the view. Everyone along there have been very respectful of one another and their views and it is concerning to Ms. Yorks that this has not been an issue for the Applicants.