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it.1�� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL c. NO. 6407 `ikEsHo�8- email dated 4/9/2014 that they view the elimination of the encroachment as an improvement and do not object to the resulting substandard rear setback. d. The applicants' property and the homes to its east gain vehicular access via a shared driveway that exists within the HCRRA right-of-way under a 2007 easement agreement between HCRRA and the City. Applicants' property is at the end of that shared driveway, and neighboring property owners have indicated that construction traffic is a two-fold concern in that the Applicants and their contractors must maintain access for the other users of the driveway, and any damage to the driveway caused by the construction process should be rectified by the Applicants. Planning Commission recommends that the City inspect the driveway prior to commencement of home demolition/construction and establish a baseline condition for comparison after construction is complete. e. Crystal Bay Road is unique in that the street was never platted but exists by prescription between the homes and the lake. The rear of the lots abut the HCRRA railroad right-of-way. In many cases along the road, lots are not very deep and therefore a number of properties have been granted variances to the lake setback over the years. The proposed lake setback of 57 feet is not inconsistent with past variances granted for other homes on Crystal Bay Road. The proposed home location will not encroach on the established average lakeshore setback. f. In addition to the house replacement, Applicants propose to remove an existing underground garage that opens to Crystal Bay Road approximately 10 feet back from the traveled road. Applicants propose to keep the driveway and a portion of the garage floor to create an open parking stall approximately 20' deep, which requires the construction of a new back retaining wall approximately 8 feet in height. This parking area constitutes 0-75' hardcover; however, a significant amount of fill would be needed to eliminate this parking area, as the grade on either side is quite steep and additional retaining walls would likely be needed to stabilize the 80% slope that would result. A guard rail or fence above this parking area is likely to be required for safety. g. Without variances the majority of the subject property is unbuildable as all but the rear 26'-40' is located within 75' of the OHWL. This creates a practical difficulty for redevelopment of the property. However, the applicants do have the right to replace the existing residence in-kind if they choose to do so. From a footprint perspective, the existing house and proposed house are nearly identical at approximately 1450 s.f. The proposed house will be 2 full Page 3 of 8