04-21-2025 - Agenda Packet Planning Commission - Packet

Home Browse Search

Our understanding of the City code is that in-kind replacement serves to both protect views from the water to the land as well as allow current homeowners to improve their property. Given that the new structure will not only appear smaller and have less visual impact on the lakeshore, but also replace a visually unappealing structure, we believe that this request is in keeping with the intent of the Zoning Code. 2. 15-foot fill bench requirement The location of the existing boathouse, which was built well prior to the homeowners purchasing the property, is 13’-9” from the edge of the rip rap at the lake shore. Section 78- 1125(a) of the Orono Zoning Code states that, “All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.” Per Section 78-1111 the regulatory flood protection elevation (RFPE) is 932.5’ which means that 15’ horizontally from the perimeter of the structure would be required to have fill elevated to at least 931.5’ ASL. The elevation of the edge of the rip rap at the lake shore varies from between 930’ ASL and 931’ ASL. To comply with this provision would mean that we would need to alter the edge of the lakeshore by raising the grade by nearly 1’-6” in some locations. EƯectively, this would mean that complying with this provision of the code would mean grading out into the lake. Our understanding of the intent of this provision is to allow for flood protection of structures by allowing for flood waters to be diverted around structures. However, in this instance, complying with this provision of the code creates a practical diƯiculty because there is not room to provided for the bench without altering the profile of the lakeshore – an act that would cause direct impact on the lake’s hydrology and the flood water retention of the site. 3. Plumbing in an accessory building The addition of plumbing in the boathouse plays an important role in increasing the homeowner’s ability to access the lakeshore for not only their continued recreational use, but also the use of ageing family and friends. Having a significant amount of existing grade between the primary residence and boathouse (over 20 feet in elevation to the main level of the home) it’s important for their multi-generational family to have access to a bathroom on the lower, lake access portion of their lot. Per Section 78-1437(3) of the Orono Code, specifically allows the installation of toilet, shower, and sink in an accessory building provided that the accessory structure is not used for dwelling purposes. It is our 90