08/17/2009 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 17,2009 6:30 o'clock p.m. (7. #09-3422 RICHARD 8c LEESA ANDERSON,3205 CRYSTAL BAYROAD, VARIANCES, 7:42 P.M. —8:29 P.M., Continued) Morris indicated it would be 280 to 290 square feet. As it relates to the illegal deck,they are proposing to do whatever the City requires to resolve the issue.Morris stated at one time there was a shed with a concrete floor,which was then removed and converted to a deck. Chair Kempf opened the public hearing at 8:08 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 8:08 p.m. Kempf stated a 744 square foot house with no basement is very small and that he can understand the need for an addition. Kempf stated as long as the two lots cannot be divided,he would be in favor of a variance to allow the encroachment into the setback. Kempf noted the adjoining property also has an issue with hardcover,which consists primarily of a large gravel parking area,which was not addressed at the time they brought an application forward to the City. Curtis indicated she is not familiar with that property. Leesa Anderson stated the deck is approximately 20 years old and that they did replace a deteriorated concrete deck that was on the property with a wood deck. The pavers were taken out and wood was put in its place. The building inspector then said a permit was required. The issue was discussed back and forth with the City and they eventually paid a citation for the deck. The building inspector also required them to lower a portion of the deck,which was done, and they were told the deck was fine after that. They were not told that they needed to obtain a permit after that and they were not aware it was still an issue. Anderson stated a number of neighbors in the neighborhood have parking in the front,and their parking in the front has existed since 1947. Anderson noted Crystal Bay Road is narrow and that people do park on the street. One car is parked in the back but they are unable to park more cars in that area since it would protrude out into the road. Leslcinen asked what would be necessary to correct the situation with the deck. Curtis stated it should be addressed within this application as far as location and size,and then a building permit obtained once the deck is approved. Curtis noted the applicants are proposing to reduce the size of the deck but that the Planning Commission should review the property as if the deck were not there and decide whether it would be allowed. Kang commented she appreciates the applicants reducing the hardcover to 35 percent, and that given the reduction in hardcover, she would view the application somewhat favorably. Rice noted the hardcover calculations do not include the rock and rubber membrane area. Curtis stated she would like to see the hardcover areas depicted on the survey and included in the calculations. PAGE 12