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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> October 16,2023 <br /> 6:00 o'clock p.m. <br /> Bollis said he did not think the applicant is asking for much. <br /> Bollis moved, Schultze seconded,to recommend approval of LA23-000058, 1513 Bay Ridge Road, <br /> Variances.VOTE: Ayes: 6,Nays 0. <br /> 6. LA23-000059 PEBL DESIGN,980 TONKAWA ROAD,REQUESTS APPROVAL <br /> OF AN AVERAGE LAKESHORE SETBACK AND SIDE YARD SETBACK <br /> VARIANCE FOR AN ACCESSORY STRUCTURE IN THE SIDE YARD. <br /> City Planner Nye explained the applicant is requesting an average lakeshore setback variance and a side <br /> yard setback variance for the construction of a 6-foot screen wall and outdoor kitchen area. The proposed <br /> screen wall is considered an accessory structure and not a fence due to the grill, sink,and other elements <br /> that are incorporated in its design. The proposal does not meet the 10-foot setback requirement for <br /> accessory structures and is 6 feet in height within of the average lakeshore setback line where 42 inches <br /> (3.5 feet)is permitted.All other zoning requirements,including hardcover,are met. The applicant has <br /> identified the existing conditions of the property as a practical difficulty. Currently there is an accessory <br /> structure of a 3-foot-tall wall enclosing a grill within the required side yard setback.The applicant is <br /> proposing to recapture this element of the current outdoor space in their new design. The applicant has <br /> also identified the topography and extreme average lakeshore setback line as practical difficulties. The <br /> current home is within the average lakeshore setback and the neighboring and impacted neighbor is <br /> situated at a much higher grade and therefore is not impacted by the proposed 6-foot accessory structure. <br /> There is also substantial vegetation between the neighboring properties. There are some practical <br /> difficulties to support a variance to the average lakeshore setback. However, Staff does not find that there <br /> is practical difficulty to allow a side yard setback variance. Staff does recognize that the proposed taller <br /> height of the accessory structure would not impact the neighbor's view of the lake due to the difference in <br /> grade,vegetation, extreme average lakeshore setback limits and distance from the lake. However,the <br /> property owner has reasonable use of the site for the single-family home. An accessory structure of an <br /> outdoor kitchen is not necessary for the use of the property. The proposed location for the outdoor kitchen <br /> is out of convenience since there is a conforming building envelope on the site for the proposed project to <br /> meet the 10-foot required side yard setback. <br /> The applicant,representing PEBL Designs, said they were under the impression that they had removed <br /> the outdoor kitchen based on staff recommendation.He pointed out the intent of average lakeshore <br /> setback doesn't really apply because of the difference in grade and vegetation. <br /> Nye said Staff would be in favor of the variance for the six-foot wall without the kitchen. <br /> Chair Bollis opened the public hearing at 8:17 p.m. <br /> Joe Hoffman, 1000 Tonkawa,the neighbor, said they have no problems with what the neighbor wants to <br /> do and in fact the six-foot wall would give them more privacy. <br /> Chair Bollis closed the public hearing at 8:19 p.m. <br /> Bollis said he was in favor of the six-foot fence as it does not impede anyone's view. <br /> Page 9 of 11 <br />