06-17-2002 Planning Commission Minutes

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• MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 17,2002 6:30 o'clock p.m. (#8)MARK AND GINA KOSEK, 1875 SHADYWOOD ROAD,VARIANCE 11:21p.m.-12:00 a.m. Gina Kosek, Applicant,was present. Bottenberg explained that the applicant had applied for a variance to construct two lakeside decks and a walkway. The variance request is to allow hardcover of 5,882 s.f. (34%)where 3,745 s.f. (22.13%) exists and 4,230 s.f. (25%) is allowed. There will be two decks, one at ground level and the other being a second story. Currently there are three patio doors on the lake side of the home with no means of exiting. The second story has a 9' door and the ground level has a 9' and 6' door. The second story deck will be over the lower deck and slightly smaller thus resulting in no additional hardcover. In 2000, Bottenberg explained,the applicant removed the old residence and built the current residence. At that time the applicant applied for a variance to allow a deck to be located within 75' of the lake. Bottenberg noted that the Planning Commission denied the application and the applicant withdrew the application. At the time,the hardcover in the 75-250' setback zone appeared on paper to leave 485 s.f.unused. However, since the house was completed,Bottenberg stated that the driveway and retaining walls have been constructed. The driveway is larger than what was shown on the original survey and the retaining walls did not show up either. Additional retaining walls were constructed to aid the change in grade for the driveway and as edging that the applicant did not realize added to hardcover totals. Bottenberg stated that staff recommends denial of this application for hardcover. Even if the applicant removed the old south driveway(as required to by the original permit), all rock/retaining walls except one row around the north driveway it would still be over by 357 s.f. at 26.5%. If denied,the question regarding the patio doors remains, as well as, the requirement to remove the unapproved hardcover. Ms. Kosek stated that the driveway has not been enlarged from the original plan because it has always been there. The driveway may not have shown up on the survey,but it has been there all along,it has not been changed. With regard to the lakeside retaining walls, Ms. Kosek maintained that they also have been there since they purchased the home, and no one said anything about them. Prior to August 2000, there was an old existing deck. As she redesigned the home she moved the deck design out of the 75' setback area in order to add it later utilizing the additional 400 s.f. of hardcover they believed to have had remaining. She stated that even in conversations with Weinberger, she was not aware that the retaining walls around the driveway used up this precious square footage until she filed a permit for her deck. Smith asked the applicant how they could help to make things right in order to obtain the variance. Ms. Kosek maintained that what she has proposed currently would hardly constitute a deck, it is more like two sidewalks with a spot for a chair,not even a table. She stated that originally two separate building sites,they combined them to one in order to create a home. There were no public comments. PAGE 26 OF 29