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. Erickson noted the mistake didn't get caught in the frame inspection. Ideally would have been caught during framing. And so it's after -the -fact after everything's all done, we come up and say, well, it needs to seven inches to the left. I guess knowing that and understanding there's a survey error is that enough practical difficulty to let us to allow this this variance to go through? As the applicant pointed out if the application would have been for 17.3 instead of 19 when we approved it, hindsight is 20/20. But it's not that big of a distance. I was originally pretty harsh on this one, but as I think about it a little bit more, is there some wiggle room here that we can understand this? Bollis said it's not like they applied with the stairs in a different configuration. This happened. It wasn't their fault it ended up being like this. It's not like they had a different configuration and decided to change it. It wasn't intentionally done. I guess I would be in favor of leaving them. I don't see that it's harming anyone. But I do agree with Mr. Libby. Libby stated again the variance would need to be a material fact disclosed and fully transparent. I don't favor remediation. Erickson stated his belief that if it had been proposed that way the first time around it would have been approved. Bollis said he would move to approve LA 22-70 as applied. Libby asked again that the non -conforming aspects of the stairway be fully disclosed in perpetuity, because they'll never be corrected. Nye said if the variance were to be approved, the resolution noting this action would be recorded against the property. It would be able to be found and noted for any title or historical purposes associated with the property. Bollis moved, Kirchner seconded, to approve LA22-000070, 4085 Watertown Road after -the -fact Variances. VOTE: Ayes: 5, Nays 0. 3. LA23-000001 LECY BROS. HOMES & REMODELING - BRENDA KOEHNEN, 2617 CASCO POINT ROAD, REQUESTS A HARDCOVER VARIANCE FOR THE CONSTRUCTION OF A DECK. City Planner Nye gave a presentation on the item, stating at 2617 Casco Point Road, the applicant is proposing to construct a new deck on the west side of the home, serving the first floor and overlooking the lake. The lot as it exists today is over on hardcover. This lot is tier one, which limits its hardcover to 25 percent of the lot. Currently, the lot is at 28.4 percent. The proposal is to construct a 288 square foot deck partially over an existing patio. The proposal also includes the removal of a portion of the patio and the removal of a flagstone walk. Through the removal of 104 square feet of hardcover and taking advantage of the City's 100 square foot hardcover credit for the new deck, the site will go from 28.4 percent hardcover, to 27.9. The hardcover credit offered by the City is a maximum of 100 square feet and can be applied to permeable pavers, decks and other improvements where water can seep through. The proposed deck meets the required setbacks. The applicant is requesting the hardcover variance because Page 15 of 19