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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> February 21,2023 <br /> 6:00 o'clock p.m. <br /> Bollis clarified his motion to approve the variance as applied with the addition of the suggestion from <br /> Kirchner that a licensed civil engineer provide additional feedback specifically to the east to west span of <br /> the walls. <br /> Erickson asked to add the staff recommendations that it be ensured the wall is not encroaching on the <br /> neighbors or is doing so with their permission. <br /> Bollis accepted that amendment to the motion. <br /> Libby said he would like to see additional scrutiny on completion. <br /> Curtis verified the City will inspect it when it's completed. <br /> Bollis moved,Kirschner seconded,to approve LA22-000068,2815 Casco Point Road Variance <br /> including staff recommendations,additional engineering review of the width of the wall and final <br /> inspection.VOTE: Ayes: 4,Nays 1 (Libby). <br /> 2. LA22-000070 STACY KROMENHOEK,4085 WATERTOWN ROAD,REQUESTS AN <br /> AFTER-THE-FACT VARIANCE FOR A SIDE YARD SETBACK FOR A DECK. <br /> City Planner Nye gave a presentation on the item, stating the applicant is requesting an-after-the fact <br /> variance for a side yard setback for a deck and more specifically deck stairs. In April of 2021 variances <br /> were approved for the subject property for the construction of a single-family home. Variances were <br /> approved for lot size, lot width, front yard and side yard setbacks. This property is very small and narrow <br /> for the RR-1A zoning district. This district requires a minimum of a five-acre lot and 300-foot width. The <br /> subject property is less than an acre and only 73 feet in width. The district's 50-foot side yard setback <br /> requirements overlap,taking away any compliant building envelope.Based on these practical difficulties <br /> variances was granted back in 2021. The building permit for the construction of the home was issued in <br /> August of 2021.And construction began after that. As construction drew to a close staff discovered the <br /> deck and deck stairs were built 17.3 feet from the northern property line where 19 feet was required. The <br /> applicant has chosen to move forward with an after-the-fact variance. They're here today requesting the <br /> variance to keep the deck and deck stairs where they are now to allow a modified side yard setback of <br /> 17.3 feet. The applicant has identified the substandard lot size and width as practical difficulties, also <br /> noting that the current owner of the property was not responsible for this and would like to keep the stairs <br /> in place. Moving the stairs to the rear of the deck instead would impact the view and sunlight entering the <br /> home. Staff agrees the lot is substandard in size and width and doesn't have a compliant building <br /> envelope. These practical difficulties led to the approval of a variance in 2021. Staff does not believe <br /> there are any new practical difficulties that will lead to a modified setback today. The construction error <br /> that resulted in the deck stairs being constructed 1.7 feet beyond the side yard setback does not constitute <br /> a practical difficulty. Therefore, Staff recommends denial of the requested variance. The applicant is here <br /> tonight and has provided supporting documentation and can be asked for additional testimony.No public <br /> comment has been received. <br /> Commissioners asked where the steps were supposed to have been. <br /> Page 12 of 19 <br />