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FILE #LA24-000058 <br />18 November 2024 <br />Page 2 of 5 <br /> <br /> <br />Lakeshore 75’ ~49’ Existing Deck ~49’ Proposed Porch <br />Average Lakeshore <br />The existing home and decks are ~87’ lakeward of the diagonal <br />average lakeshore setback line. The proposal will reduce this <br />encroachment by ~2’. However, the proposed upper level deck <br />will create new massing encroachment within the setback. <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Total Lot Area Total Structural Coverage <br />22,741 s.f. (0.52 acre) Allowed: 4,548 s.f. * <br />Existing: 1,812 s.f. <br />Proposed: 2,312 s.f. <br />*Maximum footprint of structures cannot exceed 20% of lot size on lots >10,000 s.f. Code Sec. 78-1403 (a)(1) <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br /> <br />Stormwater <br />Overlay <br />District Tier <br />Total Area <br />in Zone <br />Allowed <br />Hardcover Existing Hardcover Proposed Hardcover <br />Tier 1 22,741 s.f. 5,685 s.f. <br />(25 %) <br />3,587 s.f. <br />(15.8%) <br />~729 s.f. <br />within 75’ <br />3,569 s.f. <br />(15.7%) <br />~711 s.f. <br />within 75’ <br /> <br />Applicable Regulations: <br />75-foot Lake Setback & Average Lakeshore Setback Variances (Section 78-1279) <br />The ALS excludes most of the property from development. When applying the 75’ lakeshore setback, <br />the eastern portion of the house, including the upper and lower decks are existing within setbacks, <br />where any improvements would necessitate setback relief. The proposed upper deck is being <br />expanded within the setback but will be entirely over the existing lower deck footprint, but the lower <br />deck will become enclosed and increase the structural coverage on the lot. Due to the orientation of <br />the abutting homes this upper level deck expansion should not impact any abutting sightlines or views <br />of the lake. The lower level deck will ne screened in created a porch at the grade level of the home. <br />The lower level porch is a change in character from the current open deck that exists today within the <br />required setbacks. A new deck stair is being proposed along the south side of the deck within the <br />setbacks. <br /> <br />75-foot Hardcover Variance (Section 78-1680) <br />The proposed deck addition results in an overall reduction of hardcover on the property by 18 s.f. as <br />the addition involves utilizing the existing deck footprint. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval for <br />variances from the literal provisions of the Zoning Code in instances where their strict enforcement <br />would cause practical difficulties because of circumstances unique to the individual property under <br />consideration, and shall recommend approval only when it is demonstrated that such actions will be <br />in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not <br />constitute practical difficulties. Practical difficulties also include but are not limited to inadequate <br />access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br />69