09/15/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2003 6:00 o'clock p.m. (#8 #03-2940 SCOT AND LISSA HARVEY, Continued) Waataja stated that the applicants have submitted plans to reconstruct a deck that is currently rotted; however, the configuration of the proposed deck is slightly different than the deck that currently exists. Currently, the staircase for the deck extends towards the lake off the end of the deck creating safety problems when exiting the house onto the deck. The applicants are proposing to construct decking in the corner to fill in where the stairs currently exist so there is more space on the deck when exiting the home, and relocating the stairs to the front of the deck facing south so as not to encroach into the 75' setback. This results in a 33 square foot increase in hardcover in the 75-250' zone. Staff recommendations: 1. Denial of the hardcover variance for the 0-75' zone to allow 15 square feet of the deck to encroach into the 0-75' zone. 2. Approval of the hardcover variance for the 75-250' zone allowing 38.6%hardcover when 38.2% currently exists and 25% is normally allowed. This includes approval to allow the deck to increase in size in the north west corner by 33 square feet which consists of enclosing the corner where the stairway currently exists and moving the stairway to the front. 3. Denial of the lake setback variance to allow the south west corner of the deck to continue to encroach 3' into the 75' setback. Chair Smith asked why the applicants should be given the additional 33' of decking. Waataja indicated that if the applicants redesigned their current deck to remove it from the 0-75' setback, staff felt the additional 33 s.f. was warranted. Hawn agreed that the stairs current location was dangerous and that they should be moved. Waataja noted that additional issue of the nonconforming shed. Mr. Harvey asked why and when the shed became nonconforming and why it should be removed as part of this application. Ms. Harvey indicated her astonishment by all the problems that face them in an attempt to merely rebuild the rotting deck. She indicated that they were willing to move the steps in an effort to make the situation more safe; however, might be forced to leave them in their existing unsafe position to merely get what they had all along. She was hesitant to cut off or step in the deck as staff suggested, since it currently sits over cement and landscaping, and would look absurd. With regard to the shed, she stated that the shed is not noticeable where it currently sits, and if they were forced to move it, the shed would be an eyesore relocated next to their patio, as well as their neighbor's patio/deck. She noted that the deck sits up off the ground, allowing for drainage, and could not be moved to the other side of the house due to the steep slope. PAGE 12 of 25