11-08-2004 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18,2004 6:00 o ’clock p.m. The applicant is also requesting a lake setback variance to allow a gazebo setback of 22 feet where a 150 feet structure setback is required and 45 feet currently exist. The existing home is located approximately 50 feet from the ordinary water high level and the newly constructed decks are set back 45 feet. Staff is recommending denial of the variances as requested as there is no hardship present to support the request. Ritter stated there arc grade changes in the rear of the yard that they arc attempting to accommodate ill order to allow the property orvner access to her rear yard. Ritter stated the property is located on a swamp, which makes the property almost unusable during the summertime due to inc mosquitoes. Ritter stated they arc attempting to make the back yard functional and usable. Rahn noted the property ovmer is allowed a pathway on a descending slope to the wetland. Rahn inquired why one of the decks could not be screened in. Spencer pointed out if the deck was screened in, it would obstruct her view from the house and cut down on the amount of light that is allowed in. Rahn slated according to the elevations, it appears the roof of the screened in deck would be at about eye level. Ritter pointed out the law requiring a 150-foot setback was not put into effect until 1994, with Mrs. Spencer residing in this property for 20 years. There were no public comments concerning this application. Kempf stated he has loured this property and also felt the deck could be screened in. Kempf stated he understands that does limit the light into the residence somewhat, but that the applicant must make a choice on what type of hardcover she would like in order to help protect French Lake Ritter reiterated that that law was not implemented until 1994, with his client residing in that residence for ten years prior to that. PAGE 14 i