01-19-2016 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 19,2016 6:30 o'clock p.m. Curtis stated the applicant at the November Planning Commission meeting requested four variances in order to allow construction of decks, a pergola, and an in-ground pool on the lake side of the home requiring an average lakeshore setback variance, a wetland setback variance, a lake setback variance from the OHWL of French Lake, and a hardcover variance for hardcover within 75 feet of the OHWL. In response to the feedback given in November, the applicant modified the proposal and the variances requested. The applicants have redesigned or removed the pool and pool patio from within the 75-foot setback area. The applicants are now requesting an average lakeshore setback, lake setback variance, and structure to structure setback variance for the proposed plan. The applicant has submitted this plan which results in the design following the setback line. A portion of the proposed stair and wall on the right side of the structure is within the 75-foot setback. The applicants are allowed lake access as is any lakeshore lot. The corner of the pool encroaches as close as six feet to the bottom stair and pergola overhang of the adjacent dining deck. A variance would be needed to allow this configuration. Curtis noted Staff's report has it listed as four feet, which is in error, instead of six feet. A 10-foot separation is also required. The pool does meet the setback from the actual deck surface. It is the stair ad pergola overhang that encroaches. The Planning Commission should evaluate the practical difficulty criteria against the requested revised variances and make a recommendation to the City Council. Planning Staff recommends approval of the variances to allow modifications to or construction of the decks and pergola lakeward of the average lakeshore setback and the 150-foot lake setback from French Lake as well as the variance to allow the less than 10-foot separation between the deck, stairs, and pool. The Planning Commission should discuss the additional hardcover resulting from the paver walkway within the 75-foot setback, but Staff recommends denial of that hardcover. The Planning Commission had no questions for Staff. Tim Johnson, Southview Design, stated the major difference in their plan is that they have pulled the bulk of the overall project to the house side of the 75-foot setback. By doing that, the living space of the house has been reduced significantly and the size of the pool has been reduced to a 10' x 22' pool area. Johnson noted the blue line that goes entirely through the majority of the home is the 75-foot line. The only part that exceeds the 75-foot line is that small sliver or triangle, which would be basically one step and a small corner of the retaining wall, which is needed in order to provide lake access. Everything else that is planned is outside the 75-foot line. Johnson stated the deck area around the sun porch area is existing and that footprint will not be changed as part of this project. Johnson noted Staff inentioned the setback for the pool and that issue was discussed previously. The 10-foot setback from the deck to the pool is met with the exception of the step. Johnson stated that is the point that is approximately six feet from the water's edge to the bottom tread. Currently the deck does not have stairs to gain access to the pool environment and the property owners would like to add those stairs so they can access the pool environment versus taking the catwalk. Johnson stated in his view everything is safe and functions welL Johnson indicated they have reduced things significant based on the comments made by the Planning Commission at the last meeting. Page 3 of 30