04-15-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 15,2002 6:30 o'clock p.m. (#02-2772 John and Donna Crotteau, Continued) The house was originally constructed in 1984,prior to the adoption of the Shoreland Ordinance in 1992, and met all the requirements at that time. To be considered a bluff, the property must have all the following characteristics: A.,part or all of the feature is located in a shoreland area; B.,the slope rises at least 25 feet above the Ordinance High Water Level of the water body; C., the grade of the slope from the toe of the bluff to a point 25 feet or more above the Ordinance High Water Level averages 30 percent or greater; and D.,the slope must drain toward the water body. Weinberger indicated this area is defined as a bluff area. Weinberger stated there is not another location on the residence where an addition could be added that would not encroach into the bluff area or 30 foot bluff impact zone. The house,when originally constructed, met all the requirements,with the house being built prior to the adoption of the current bluff standards. Weinberger stated the Applicants are requesting a variance for 9.5 feet. The property line is 20.5 feet from the edge of the garage where a 30-foot setback is required. Staff recommends the garage either be built as a detached structure further back from the existing house or be shifted another 9.5 feet to meet the 30 foot setback. The detached structure would need to meet a 10-foot structure rather than the 30-foot requirement that an attached structure would be required to meet. Weinberger indicated all variances for the garage could be eliminated if the garage were detached. Staff recommends approval of variances to permit the residential additions within the bluff setback and bluff impact zone based on the following findings and hardships: 1. The property is ten plus acres and all but approximately 4 percent of the lot is located either within wetland,the bluff zone, and the required setbacks. 2. The present home was built in a legal location prior to the bluff ordinance. Any additions to the house would require variances. 3. The site does not drain directly to the lake but rather to the five acre wetland located at the base of the bluff. 4. The topography of the lot uniquely restricts the ability to make an addition onto any part of the building. 5. No addition could be built on the house that would not fall within the impact zone. 6. The area where the proposed lakeside additions are to be constructed is relatively flat with less than a two-foot drop from the existing exterior wall and the proposed wall of the addition. Staff recommends denial of the variances to permit the garage addition to be located 20.5 feet from the side property line where a 30 feet setback is required. Weinberger noted he did receive a message from the DNR with regards to the bluff impact late this afternoon,with the DNR indicating they did not support any bluff encroachment. Weinberger indicated PAGE 8