10-23-2023 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING October 9, 2023 6:00 o'clock p.m. 14. LA23-000026, ESKUCHE DESIGN O/B/O DEAN & HEIDI MARTINSON, 2605 NORTH SHORE DRIVE, VARIANCES, RESOLUTION NO.7410 16. LA23-000049, STONEWOOD O/B/O MICHAEL GORMAN, 3001 CASCO POINT ROAD, AVERAGE LAKESHORE SETBACK VARIANCE — RESOLUTION NO. 7411 Crosby moved, Johnson seconded, to approve the Consent Agenda with items 9 and 10 removed and Items 14 and 16 added. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT REPORT 14. LA23-000026, ESKUCHE DESIGN O/B/O DEAN & HEIDI MARTINSON, 2605 NORTH SHORE DRIVE, VARIANCES, RESOLUTION NO.7410 This item was adopted as part of the consent agenda. 15. LA23-000046, REBECCA HOLZEM, 3407 EAST LAKE STREET, VARIANCE City Planner Nye presented a summary of the request. She said the applicant is requesting variances to average lakeshore setback and hard cover setback to construct a new, 280 square foot deck on the property. The property is substandard in size and width and is located a few lots away from Stubbs Bay but is considered a lake lot due to the OHWL (Ordinary High Water Level) being present on the property. There is an existing home that is within the 75-foot setback and was approved in 2005 with variances through Resolution 5222. There is currently no outdoor living space on the property. The proposed deck would be located within the 75-foot setback, within the average lakeshore setback and brings the overall hardcover on the site from 27 percent to 35 percent. The original approval of variances for the home (Resolution 5222) specifically states that a deck was forgone from the design of the home in order to minimize the hardcover request. It went on to say that future hardcover increases would likely not be supported. The applicant has listed the extremely small lot size and lack of outdoor space as practical difficulties. Sept. 18, 2023, the Planning Commission held a public hearing. A member of the public spoke in favor of the request. The Commission reviewed the application and noted the proposed project is not out of character for the neighborhood and believed the property had practical difficulties due to the small lot size and unique placement near the lake. The Planning Commission discussed the size of the deck and questioned if the size was necessary and referenced the original 2005 approval. The Commission on a split vote recommended approval of the application as applied by a vote of 4 to 2. Staff recommends denial of the application as applied. The homeowner has reasonable use of the property with a single-family home. Staff recognizes the practical difficulties of the substandard site, but staff does not believe the requested deck size is necessary, especially without any other reduction of hardcover on the site. Rebecca Holzem, 3407 East Lake St., the applicant, said when she originally purchased the property in 1996 there was a small cabin with a small garage. She worked with the City and met all of the side -lot setbacks. It states that she had foregone a deck but said she had foregone a deck at that time. She said she had stated she would hope to add a deck eventually but apparently that was not recorded at the time. She is currently re -siding this house and wanted to work with the contractor at the same time to add a deck. She said she is the only person on her side of the street without a deck or patio. The average square footage of her neighbor's decks is over 300 square feet. She did not think she is being greedy in asking for that size deck because there needs to be space for furniture, table and chairs and a grill. Her house is Page 2 of 10