05-15-2023 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION May 15,2023 6:00 o'clock p.m. 4. LA23-000021 HOME REFLECTIONS, 2691 ETHEL AVENUE, AVERAGE LAKESHORE SETBACK VARIANCE Curtis gave a presentation on the item, stating the existing property is entirely lakeward of the average lakeshore setback. The neighboring home at 2697 Ethel is a flag lot with a 15-foor lane connecting it to the lake.The flag setback significantly impacts buildable area on the applicant's property, she said. They are proposing to expand the deck on the lake side of the home and square it off and add a staircase. They also propose to raise a portion of the roof slightly to increase the symmetry of the roofline and construct a new entry with a covered roof entry porch. The additions to the home have been designed to improve the aesthetic of the home and update it while minimizing the impact to the adjacent properties and their views of lake, she said.Staff agrees the location of the neighboring home creates an unreasonably severe setback. The roof expansion is minor and should not affect the lakeview of the neighbors, she added. The front porch is on the street side and should also not negatively impact the neighbors. The reconstructed deck would be no closer to the lake than the existing.However, no improvements can be constructed to the home without variances. Staff recommends approval. Teresa Elsbernd,president of Home Reflections,the remodeler on the project, said the applicants bought the home just before Thanksgiving and were not aware at the time that it was a non-conforming house.A variance was granted in 1993 so an old house could be torn down and a new house built on approximately the same location. She said as the remodeler she was surprised to find it has this severe setback situation because of the flag-shaped neighboring lot although the flag portion along the south side is unbuildable. She thought it made for a strange way to determine average setback. She said they were applying for a variance to do modest work on the exterior of the house. Chair Bollis opened the public hearing at 6:37 p.m. Luann Runkle,2684 Casco Point Rd.,said they have been in their home since 1981,and are the neighbor on the north and west side. She said she wanted to comment on the existing LMCD variance order in 1994 affecting the four homes in that location.The LMCD order has stood for 29 years and states that this property could have a dock and the two neighbors had to share it. She indicated the new owners had spoken of plans to add a boat canopy and a big boat and they need to be aware of all setbacks and dock size requirements of the LMCD order. Relating to the current application,she called it an encroachment of the deck on the north side and said it would kind of hang right over their property. Chair Bollis closed the public hearing at 6:42 p.m. The Commissioners discussed the item. Bollis said it is virtually impossible for a house on this lot to comply with a setback for the house that is behind it.He said he can see the practical difficulty and doesn't think the exterior changes are egregious or beyond what is normal for that existing house. Kirchner also said the practical difficulties have been well-established and he is generally in support. Ressler said the City had tried to find a way to clean this up and make it one size fits all and it's virtually impossible when it comes to lakeshore and flag lots so that is why there are variances. He said he tends to agree with the developer that it is a strange way to define average setback but the City had to come up with a way that meets most situations. Page 4 of 5