01/17/2006 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#OS-3135 ALLEN AND DEANNA MUNSON, CONTINUED) their view. Johnson stated if these three homes were lined up,Wagener would not lose his view of the lake,but as proposed by the applicant,he would lose that view of the lake. Johnson reiterated they would like the fill to be kept back five feet from the lot line and to have the applicant comply with the average lakeshore setback. Leslie stated he does not understand the issue with the driveway. Johnson stated a long time ago there was a carriage home down by the lake and that the sellers of the property wanted to preserve access to the carriage home. Easements were created over the Wagener property. At the time sanitary sewer was required, a joint driveway easement was created, which became the primary access point to all the homes. Johnson stated Wagener has been in possession of the property since 1980 and that no one has made any effort to use the easement since then. Bremer stated that item is really not at issue in this application any longer. There were no further public comments regarding this application. Bremer indicated the Planning Commission deals with unique situations and that in her opinion it would be helpful to visit the Wagener property to see if there would be an impact on the view. Bremer stated she would be in favor of lowering the house further, which would address the issue with the view of the lake. Bremer stated she does not have a problem with the fill,but that an agreement would need to be reached with the Wageners to allow fill within five feet of the lot line. Winkey indicated he does not have a problem with the amount of fill proposed except the fill within five feet of the lot line. Winkey stated he does not have a problem with the chimneys and that in his opinion some of these issues could be addressed by redesigning the house slightly. Kempf indicated he also does not have a problem with the chimneys. Kempf questioned whether this is a similar situation to the Vogstrom residence on Casco Point. Bremer noted that application went through a number of revisions, with the house being made substantially smaller. Jurgens stated he would like the agreement with the Wageners to be reached first befare discussing this application much further. Jurgens stated to his knowledge City Code states that anything on a flat roof house above 30 feet is considered a protrusion and requires a conditional use permit. Bremer inquired whether Jurgens would agree to an encroachment within the average lakeshore setback if the height of the house were reduced. PAGE 18