03/17/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2003 6:30 o'clock p.m. (#03-2875 SANDRA ANN BENSON, Continued) Hawn moved, Chair Smith seconded, to recommend approval of Application #03- 2875, Sandra Benson, 1376 Baldur Park Road, granting the variances for structure within 75' of the lake, a side yard setback of 6.6', and a 48.7' encroachment into the average lakeshore setback to reconstruct and expand the roof of the existing principal structure with the conditions that screening with trees be added along the lakeside of the residence to mitigate the visual impact of the structure from the lake, and if structural removals exceed what is shown on the proposed plans, further review by the Planning Commission and City Council would be required. VOTE: Ayes 5,Nays 0. (#5) #03-2876 SEVIE LANNING,3329 CRYSTAL BAY ROAD, VARIANCES 7:55- 8:58 P.M. Sevie Lanning, the Applicant, was present. Chaput reported that the applicant was requesting lot area, lot width, a setback of 43' from the OHWL, a rear yard setback, a 16' encroachment into the average lakeshore setback, hardcover within the 0-75' setback zone, and hardcover within the 75-250' lakeshore setback zone variances for construction of a new residence on the property. Chaput explained that the owner was in the process of selling the property and a potential buyer had signed a purchase agreement contingent on the ability to build a new structure on the lot rather than remodel the existing house. Chaput pointed out that the proposed home shown in the elevation is not necessarily the home that would be built, rather the buyer wants to be assured that he could build within the proposed footprint. With regard to the proposed variances, Chaput stated that the existing lot width is 50' where 100' is required and variances are necessary for new construction. She indicated that lot coverage by structure and side yard setbacks are not required for this application. The existing house on the lot is located 48' from the OHWL. The proposed house would be 43' from the OHWL where 75' is required, and 10' from the rear lot line where 30' is required. Chaput pointed out that if the required setbacks were followed, the setbacks would overlap,providing the applicant with no legal building envelope. Given the fact that vehicles would not fully fit on the driveway as proposed, staff would recommend that a driveway of at least an additional 5' in length be provided from Crystal Bay Road, moving the house 5' closer to the rear lot line than the 10' proposed and 30' required. The footprint of the home would remain at 48' from the OHWL and lessen the encroachment into the average lakeshore setback with a 5' setback from the rear lot line. Chaput explained that the proposed house encroaches 16' into the average lakeshore setback, whereas the existing house encroaches 11' into the average lakeshore setback, PAGE 11 of 24