09-18-2023 Planning Commission Packet

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Wednesday, August 23, 2023 ILD SCUTE • Architects • Builders • Designers • Real Estate Practical Difficulties Narrative To the Staff, Mayor, Council, and Planning Commission of the City of Orono, Landschute is the Architect and Contractor representing the future homeowners of the property at 2245 French Lake Road. The property at 2245 French Lake Road currently contains a structure that is nonconforming and in disrepair, and it is beyond impractical to consider remodeling. The homeowners would like to replace the current structure with a new home and are requesting a variance for the lake front setback. Both the scale and style of the proposed home are in harmony with the essential character of the locality. The proposed home design is smaller than the existing home in all dimensions, including hardcover. The proposed home is no closer to the lake than the existing home, and the proposed patio and pool deck are no closer to the lake than the existing patio. As such, the proposed design is in harmony with the intent of the ordinance, specifically relative to the requirements for replacing existing, legally non -conforming structures and in that the massing of the new structure is nowhere near the maximum allowed size of structures in the RR -113 zoning district. In addition, there are wooded and naturally vegetated areas of the property which are critical to maintaining the essential character of the locality. It is a goal of the proposed design to maintain these areas. There are a number of practical difficulties in designing a conforming structure that are beyond the control of the property owners. Firstly, it is highly impractical and undesirable to build a new home within the parameters of the existing, nonconforming structure. Secondly, the allowable footprint designated by the required setbacks, in combination with the existing vegetation, topography, and septic mound, is incredibly limiting, making it nearly impossible to build in a reasonable and conforming manner. The existing septic system that cannot be moved or altered, which creates significant limitations as to where any soil disturbance may take place on the west side of the property. The survey notes the toe of the septic mound, which has a 20 - foot setback to where a disturbance can take place. As such, the pool deck and retaining walls cannot move any closer to the septic mound than what is proposed (see attached letter from the septic designer). Further explanation of the practical difficulties can be found within the responses to the questions in the Practical Difficulties section of the variance application form. The proposed design for this property, as evidenced by the statements above, demonstrate that this is a reasonable request for granting a variance. The neighbors have also shown their support. Thank you for your consideration.