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To: <br />From: <br />Date: <br />Planning Commission Chairman Kelley <br />Orono Planning Commission Me..ibers <br />City Administrator Bernhardson <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />Octob^'r 14, 1987 <br />Subject: #1199 Richard & Gay Kelly, 425 Oxford Road <br />Variance - Continuation of Public Hearing <br />List of Exhibits <br />Exhibit A - <br />Exhibit B - <br />Exhibit C - <br />Exhibit D - <br />Exhibit E - <br />Exhibit F - <br />Planning Commission Action Notice <br />Burton Letter <br />Original Plan <br />Revised Plan <br />First Floor Building Plan <br />Average Site Line Plan (Large scale plan is available <br />for review of this Exhibit at your meeting) <br />Review of Application - <br />At your September 21st meeting, you advised the applicant that the <br />average lakeshore encroachment setback of 80 feet was excessive. The <br />owner to the north had advised in a letter (Exhibit B) that moving the <br />house back approximately 15 feet would remove any view impact that he would <br />sustain from his property. The house has been relocated 15 feet back and <br />restaked for your review. Kelly advises tha Mr. Burton has reviewed the <br />new location and has no problems. The neighbors to the south are still <br />unresolved regarding the new location. The one "hold out" voter will once <br />again walk the property with Mr. Kelly on the week-end. It is my <br />understanding that I will be contacted on Monday by the southern property <br />owner concerning their joint decision. <br />In dealing with average lakeshore setback variances, staff would have <br />difficulty recommending approval of an encroachment of the setba^'k line <br />when there is any opposition from most affected neighbors. <br />Applicant should also be advised that the average lakeshore setback <br />standard applies to lakeshore accessory structures. In reviewing the <br />original building plans, a pool and patio area are proposed at grade within <br />the lakeshore yard. The pool is an accessory structure and must also be <br />included in this review requiring a setback variance. The pool should be <br />located on the survey in addition to the patio area for hardcover review. <br />All improvements must be shown on the survey. Staff also notes conflicts, <br />in fact, concerning lakeshore decks shown with building elevations and <br />building envelope shown in most recent survey. Dec appear to be trimmed <br />back. The decks considered grade level with a walkout do not have to meet <br />the required 30 feet side setback variance but are subject to the average <br />lakeshore setback standards. Note the encroachment setback has been <br />determined at the lakeside gazebo, the closest lakeshore projection of the <br />principal structure. Compare the original survey with the 80 feet <br />encroachment and the revised survey with a maximum 65 feet encroachment <br />(Exhibits C & D),