04/19/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (8. #04-3002 G & L LAND INVESTMENT, LLC, 740 NORTH ARM DRIVE, VARIANCE— Continued) Chair Mabusth asked for information about the types of public works equipment that are necessary to service the manhole and sewer line. Gundlach reported that she spoke with the Public Works Department and was advised there are only two places where a truck can be brought to clean the sewer line, one of which is on this lot. She pointed out a defined access pathway from the top of the slope to the bottom of the slope has existed for many years. The other location on North Arm requires a tow-truck to remove the truck after it is filled. Mr. Tim Guilfoil, 740 North Arm Dr, reminded the Planning Commission that they are substantially reducing the hardcover on this property. He disagreed with the idea that the boathouse, which is 65% concrete, could be removed without heavy equipment that may not be able to travel to its location. Mr. Guilfoil stated they will need to get equipment down to the boathouse and cannot work from above due to its steep slope, requiring them to work on the sewer line that is 6' deep. The boathouse precedes the sewer line by at least 10 years so it seems heavy-handed to force the applicant to remove the boathouse and hold them liable for any subsequent sewer line damages that may occur. Mr. Guilfoil stated the above-mentioned factors are viable hardships. He advised the neighbors are not opposed to this and that the boathouse is charming, does not block anybody's long view of the lake and they intend to do some improvement to it. If the boathouse is allowed to remain, Chair Mabusth asked what improvements are planned for it, commenting that it is not a very attractive structure now. Mr. Guilfoil explained the boathouse exterior would match the principal structure. He stated it is a long way down to the lake if you take the long path or if you take the steps. Chair Mabusth pointed out the steps are in need of repair. Mr. Guilfoil indicated they would fix the steps, as they are a safety hazard now. Chair Mabusth asked Mr. Guilfoil for his opinion about staff's recommendation that a structure could be built at the top of the 75' setback. Gundlach clarified a new structure would have to be placed behind the house to meet the average lakeshore setback requirement. Mr. Guilfoil remarked that a structure there would not really solve anything. If it could be placed at the top of the slope but then it would be in the 75' zone. Chair Mabusth explained that allowing the non-conforming boathouse to remain is against the Planning Commission precedence with previous applications where new construction occurred and non-conforming structures were required to be removed. She indicated she appreciated the applicant's concerns about the underlying sewer line but expects the City would work somehow with the applicant and review how it would be done. Page 35 of 49