07/19/2004 Planning Commission Minutes

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19, 2004 6:00 o'clock p.m. (5. #04-3026 David Pomije, 801 Tonkawa Road,Variance, Public Hearing-Continued) b. Lake set back variance to allow a deck setback of 39' where 75' is required and 49' currently exists (house). c. Bluff impact zone encroachment of 25'. Curtis referred to the 1992 variance approval for this property resulted in hardcover removal. Since that time, the existing path to the lake had been upgraded to a 4' stone paver path with stairs, which provide a safer path down the steep slope. She indicated staff determined that the hardcover calculated in 1992 did not include this existing path and now makes it appear that the 2004 hardcover calculation is 2%higher than in 1992. The path hardcover accounts for the additional 2%,not an increase in the size of the deck. Curtis stated staff found that due to the existing location of the home there may be a hardship to allow the deck to be rebuilt. Additionally, the deck provides a safe "yard" area for the applicants to enjoy the lakeside of their property from the home. Curtis recommended approval of the after-the-fact lake setback and hardcover variances as the location of the existing home and replacement nearly in-kind of a pre-existing deteriorated non- conforming deck constitute hardship in this situation. Mr. Sequira pointed out the proposed deck portion to the south eliminates the 18"drop to existing pavers at the doorway that exists the dining area. He stated their goal is to create a level area as it is close to the bluff to make it safer when stepping from the house. Chair Rahn asked Mr. Sequira if the submitted hardcover calculations reflect this deck portion. Mr. Sequira indicated that the hardcover calculations do include this deck area, and referred to Exhibit E. for clarification. There followed a discussion that clarified exactly what hardcover calculations had been approved in 1992 and what was included or excluded from the 2004 hardcover calculations. Chair Rahn summarized that the rebuilding of the existing deck has no further encroachment into the 0-75' setback. Chair Rahn asked for public comments. There were none. Jurgens asked for further clarification of the proposed hardcover calculations,referring to Page 3 of the June 15, 2004 Staff Report. Chair Rahn requested the record to indicate that the hardcover calculation increase from 11.1%to 13.2% results from the allowed path/access to the lake and not from any additional deck hardcover. Bremer moved, Kempf seconded,to recommend approval of Application #04-3026, David Pomije, 801 Tonkawa Road, granting after-the-fact lake setback and 0-75' hardcover variances in order to reconstruct (and reconfigure) a deck, consisting of the following: a. Hardcover within 0-75' of 11% or 3,464.3 s.f. b. Lake set back variance to allow a deck setback of 39' where 75' is required and 49' currently exists (house). c. Bluff impact zone encroachment of 25'. VOTE: Ayes 7, Nays 0. Page 4 of 13