09-25-2023 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING September 11, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 8 expansion. The rules are in place to protect the bluff and prevent bluff failure, she said. While the property is substandard in size and width, there is an existing deck and patio that allow for use and enjoyment of the lot. On Aug. 21 the Planning Commission held a public hearing and no public comments were made. The Commission noted the proposed project will bring the overall hardcover of the lot into compliance and remove several unpermitted improvements within the bluff and lake yard. The Commission thought the expansion was not unreasonable and voted 6 to 0 to approve the requested variances as applied. The applicant is present, she said. Benson asked about the amount of square footage that would be added to the deck. Nye said the issue is part of the house and the deck is in the bluff setback. She said in-kind replacement would be allowed. Allison Houston, 4731 North Shore Drive, said one of the problems with the deck is that it is very small for the size of the home and can barely fit a table for four people. She said they were naïve about City regulations and this is the third or fourth plan trying to bring the plan closer to compliance. She said they would hope to use some of the existing pillars and add some new ones. The planning commission thought it would have minimal impact. They would be removing lakeside improvements. The topography is such there is no other place to put a deck and the lot is very steep. The deck sits on the main level of the home off the kitchen. The patio is below. Johnson asked about impact to the bluff to remove the improvements near the lake and the impact of bringing in equipment to do the work. The engineer said the bluff would be stabilized. Benson asked about any issues of bluff failure on this bluff area in the past. Edwards said the City had recently done a ravine stabilization project on the City right-of-way portion. He said the applicant’s lot was not on the part of the bluff where there has been problems. Staff is recommending denial because the structure is in the bluff impact zone and they do have a deck to enjoy the property, Nye said. Crosby said the homeowners are doing some good things removing hardcover near the lake and he does see a practical difficulty because of the size of the deck and believes what the applicants are asking to do will not impact the bluff at all. He said he agrees with the Planning Commission. Benson said the situation is tricky and there are hardships, but she is not in favor of seeing the footprint in the bluff enlarged. Crosby moved to approve LA23-000042 4731 North Shore Drive – Variance as presented with the stipulation that the non-permitted structures near the lake be removed. Johnson amended the motion to allow expansion of the deck to the rear but to not disturb the bluff side of the deck. Crosby seconded the amended motion. VOTE: Ayes 3 Nays 1 (Benson).