06/15/2009 Planning Commission Minutes

Home Browse Search

. � � MINUTES OF THE ORONO PLANIVING COMMISSION MEETING June 15,2009 6:30 o'clock p.m. (#09-3410 JACK W. SAFAR,980 FERNDALE ROAD WEST, CONTINUED) The existing home is also located partially ahead of the average lakeshore setback but should have no greater negative impact on the views of the lake/Ferndale Marsh enjoyed from adjacent properties. Due to the minimal scope of the applicants'request and the fact that the wetland buffer requirement was not triggered,a wetland delineation was not required for this project. The addition will encroach into the required 70-foot wetland setback, and if approved,will become a legal nonconforming portion of the house. Staff finds that there is a hardship inherent to the property as the home was constructed prior to the new wetland regulations resulting in an extremely restricted property. The Planning Staff recommends approval of the setback variances and approval of some level of hardcover variance within the 0-75 foot zone for the proposed addition. Staff also recommends the illegal nonconforming shed should be relocated to a location which conforms to the 10 foot side setback and that an after-the-fact building permit be obtained. Further,the proposed silt fence should be moved to just above the retaining wall and no lower than the 932 elevation. Gaffron noted a letter from an adjoining property owner has been received by the City in support of the project. Kang asked if the reduction of the deck is reflected in the proposed hardcover number. , Darren Schmidt, Schmidt&Association, stated the 279 square feet of additional hardcover does not include the revision of the deck. Winer noted Staff is recommending the illegal nonconforming shed be relocated. Gaffron noted the shed currently is located two feet from the property line. The neighbor has indicated he is okay with the shed remaining in that location but recommended the Planning Commission should discuss whether it should be moved. Leskinen noted the Planner's report indicates that the shed is consistent with the building permits issued in 1998. Leskinen asked if the shed was later relocated. Gaffron stated it appears from the survey attached to the building permit that this is a different shed since it was originally located 20 feet from the property line in 1998 and that the shed on the property is currently located two feet from the property line. Gaffron suggested the Planning Commission explore their options regarding the shed. Mrs. Safar stated the shed is in the original location as the previous shed but that it is of a larger size. Safar noted the shed was on the property at the time they purchased the property. Acting Chair Kang opened the public hearing at 6:47 p.m. There were no public comments regarding this application. PAGE 2