03-20-2023 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION February 21, 2023 6:00 o'clock p.m. The applicant, Stacy Kromenhoek said she submitted the original permit for the home. I'm not the homeowner nor am I the home builder. However, I'm here to kind of make things right for the current homeowner, Mr. Bard, who's here. Originally, they (the steps) were supposed to stick out from the side of the house. There's two root causes for the 1.7 foot issue. Of the 20 inches, 12 inches of it is attributed to the surveyor misreading the building prints that called for three-foot stairs instead of four -foot stairs. So that's 12 inches. And then eight inches because the general contractor mis-dug the footings. So they are exactly where they were going to be. But they should have been shifted approximately eight inches. And then the 12 inches comes from him misreading the prints. I'm here to help make things right for Mr. Bard. So I agreed that I would submit the application and I would do what I needed to do to make it right. The general contractor is not available to make anything right. He actually has lost his license and there's a warrant out for his arrest. I have a lawsuit pending where he took approximately $400,000. I have also filed a complaint with the City of Orono Police to ask them to file criminal charges. So he's not coming back to fix this. Any fix I probably will just do it to do the right thing. Chair McCutcheon opened the public hearing at 7:54 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 7:54 p.m. McCutcheon said this one's pretty cut and dry. Looks like a contractor screwed up. We had 19 feet and looks like they're encroaching one foot seven inches. The question is, where do we go from here? Is this an acceptable variance? Not to be cold, but it's a situation that we can improve. But it's not the most cost- effective solution. If you could just narrow the deck or move and make the stairs skinnier, to abide by the 19 -foot setback that we did approve -- it is kind of harsh, but that's where I'm standing with it. But I'd like to hear the feedback of the commission. Kirchner said he would agree with McCutcheon's remarks. You know, it sounds like we had a surveyor error of 12 inches. And then as well as the width of the staircase was also messed up and footings were in the wrong spot. I think looking at this one, if it were here in front of us as an application for a variance, I think I would be questioning do we need a four -foot stairwell? Or can we go to three-foot and not take as much and so I would be in favor of denial. Bollis said he feels like there are a couple reasons for this. And I think the piece I could get behind would be the surveyor misreading that and putting the stuff in the wrong spot. That's not the homeowner's fault. It doesn't really change what's there very much as far as the look and feel of the property. But then there's the other, what is it, seven feet that it's off? So I guess in my mind, I'd be okay with this. If they could modify the stairs to fit they get a 12 inch allowance for the mistake that was made by the surveyor that put it in the wrong spot. So I would say if it's possible to modify it, you get 12 inches of grace, so you'd have like an 18 -foot setback there, if that helps to keep that wide enough stairway that you can have adequate access. Ms. Kromenhoek said I know it sounds simple, just move stairs. But you're talking about digging out footings, you're talking about digging up the concrete landing. And this is a homeowner who had no fault in this whatsoever and neighbors who have been putting up with construction for a long time. And they're Page 13 of 19