11-20-2023 Planning Commission Packet

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