09-11-2023 Council Packet - Laserfiche WebLink

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