04/18/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 18,2005 6:00 o'clock p.m. (#06-3091 Catherine Sallas, Continued) Rahn closed the public hearing. Rahn stated the home could be remodeled and a second story added and that this really is not a height issue. Rahn noted the deck was constructed over existing hardcover. Jurgens commented in his view there is not a hardship for the deck to exist and that the property could be enjoyed without the deck. Jurgens noted the lake could be viewed from the existing patio. Jurgens stated because the deck was in existence at the time the property was purchased by the applicant does not negate the fact that it is illegal and that the buyer has to do some due diligence at the time they are considering purchasing a piece of property. Jurgens stated the City never approved the structure, which should have been disclosed by the seller of the property. Bremer commented the City of Orono does allow for structures higher than one story and that a hardship does not need to be demonstrated for the deck to exist. Jurgens pointed out there are hardcover and setback issues on this lot that should probably also be addressed at this time. Bremer noted the lot is small and that the structure cannot be expanded closer to the lake or closer to the side lot line. Bremer indicated she does not see anything illegal about the deck aside from the fact that a building permit was not obtained at the time of construction. Bremer stated in her view the size of the lot and the location of the structure is a hardship and that she agrees with Staff's recommendation. Bremer commented she personally does not find the deck aesthetically pleasing and that the neighbors could find this deck encroaching on their privacy. Bremer stated the property owner does have the right to have a deck. Leslie indicated he is in agreement with Commissioner Bremer and that the role of the Planning Commission is to evaluate whether this deck would have been allowed in the first place. Leslie commented the other adjoining structures are higher,which tends to accentuate the privacy issue. Leslie stated in his view the deck is acceptable given the size of the lot. Winkey indicated he also is in agreement with Commissioners Leslie and Bremer,but noted that the hardcover was increased by the amount of the stairs leading up to the deck. Curtis noted the hardcover on the lot increased by 52 square feet. Winkey stated the Planning Commission would probably have looked for a reduction in the hardcover to avoid an increase in the hardcover, especially given the size of the lot. Rahn stated if the hardcover is removed from the lower deck, it could prompt the occupants of the residence to utilize the upper deck more often. Rahn stated the Planning Commission typically does not allow for hardcover to be increased if it is over the maximum amount allowed. PAGE 8