05/17/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. (12. #04-3014 TIMOTHY POWERS,Continued) Rahn emphasized the applicant's plan results in adding both 3.8' horizontally and vertically to a non- conforming use into the substandard setback. Ms. Powers explained that existing garage structure is the 3.8'jog into the non-conforming setback. Rahn stated that historically the Planning Commission permitted non-conforming houses to go vertically but may not support the garage extending horizontally encroaching into the non-conforming setback. Gaffron illustrated that the roof overhangs are shown extending past the wall of the house,referring to Exhibits F-1 and F-2. It was confirmed that the house walls will be only extended vertically and there will be no stories above the garage. VOTE: Ayes 7,Nays 0. Gaffron advised the application will be referred to the June 14,2004 City Council meeting. 13. #04-3015 ROBERT LUND ON BEHALF OF WILLIAM AND BONNIBEL BYERS, 1389 ORONO LANE,VARIANCE,PUBLIC HEARING(9:55-10:28 p.m.) William Byars, 1389 Orono Lane, applicant, was present. Curtis introduced the application for proposed shoreline alterations to repair and re-vegetate an ice ridge, an exterior remodel,roofline alteration, driveway relocation and attached garage resulting variances for hardcover, average lakeshore setback and side yard setback and a conditional use permit for grading and filling within 75' of the OHWL. The application also includes removal of an existing 20' x 40' detached garage that is 4.5' over the rear property line into the right-of-way. She indicated the City Engineer recommended the plan should include more detail with regard to erosion control and rain garden construction, showing a silt curtain on the plans and other proposed erosion controls. The applicant's contractor submitted the recommended details and Curtis provided this information to the Planning Commission. Further, it is recommended the erosion control measures should be inspected and approved by the City prior to any site work, and that the erosion control measures should remain in place until vegetation is established and the shoreline is stabilized. Regarding the average lakeshore setback and the substandard east side setback, Curtis indicated staff does find a hardship in the current location of the home on the lot, as this project is merely an exterior remodel. Approximately 75%of the existing home is located between 44' and 66' into the average lakeshore setback. The existing eastern portion of the home encroaches 3.6' into the required 30' side yard setback. The applicants are proposing to change this part of the home from pitched roof to a balcony. Portions of the balcony and railing will be higher than the existing edge of roof,thus slightly enlarging the building envelope within the substandard side setback of 26.4' where 30' is required. Curtis reported staff finds that there is not a hardship to justify granting the hardcover variance for 28.31% within the 75'-250' zone. The existing garage is located at the road and the existing driveway hardcover is excessive as it is not necessary to access a garage and serves as a parking area. Therefore as the property is currently over in hardcover within the 75'-250' zone and the proposed driveway could be reconfigured to meet the required hardcover limit of 25%by removing 880 s.f. or potentially the turnaround, staff cannot support the hardcover variance. Page 29 of 40