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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />August 21, 2023 <br />6:00 o'clock p.m. <br />The builder was present and said on days when there would cement trucks or big deliveries, they would <br />inform the neighbors of what is happening. <br />Chair Bollis closed the public hearing at 6:55 p.m. <br />Bollis said it is nice to see applications where what is proposed is better than existing. He is in favor in <br />view of positive comments from the neighbors and a contractor who agrees to communicate with <br />neighbors. <br />Ressler said he was happy to see an improvement that includes addressing hardcover and lakeshore <br />setback. <br />Kraemer also said he supports it because of the reduction of hardcover and added distance from the <br />lakeshore. <br />McCutcheon moved, Kraemer seconded, to approve LA23-000039 1380 Rest Point Road Variances <br />as applied. VOTE: Ayes: 5, Nays 0. <br />Commissioner Libby arrived at about 7 p.m. <br />6. LA23-000042 ALLISON HOUSTON, 4731 NORTH SHORE DRIVE, REQUESTS A <br />SETBACK VARIANCE IN ORDER TO CONSTRUCT A NEW DECK AND PATIO <br />WITHIN A BLUFF SETBACK. <br />City Planner Nye gave a presentation on the item, stating the applicant is proposing to enlarge a deck and <br />patio on the west side of their home within a bluff setback. The City prohibits any buildings or structures <br />within 30 feet of a top of a bluff and there is also a most sensitive bluff impact zone of 20 feet. The <br />existing deck and at -grade patio underneath are entirely within the bluff setback and were originally <br />approved with variances when the house was constructed in 2013. The applicant is proposing to expand <br />both. There is some unimproved right of way next to the property where the City has done some <br />stabilization in a sensitive area. The applicant is also proposing to remove an existing patio and a lakeside <br />deck that were constructed by a previous owner without permits, which would bring the property into <br />compliance with hardcover. The applicant has identified the substandard lot size and width as practical <br />difficulties as well as the existing improvements and the natural landscape of the lot. Staff finds that there <br />are a practical difficulties in the size and width of the lot, however the property currently has a deck and <br />patio that allow for full use and enjoyment of the lot and the City is committed to protecting sensitive <br />bluffs. The proposed project would decrease the setback from 10 to 8 feet at the bluff. While staff is <br />supportive of the removal of nonconforming improvements and reduction in hardcover, staff cannot <br />support the proposal as applied, Nye said. The applicant is present. <br />McCutcheon asked if removing the existing non -conforming used would destabilize he bluff. <br />Nye said it would have to be done carefully since previous owners had already disturbed that sensitive <br />area. <br />Allison Houston, 4731 North Shore Drive, said when they purchased the home they were naive about <br />building regulations. The lot is narrow and steep. They would like to expand the deck to make it more <br />Page 6 of 8 <br />