03-21-2016 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 dclock p.m. 5. DALE GUSTAFSON ON BEHALF OF MATT BURNS, 1180 LOMA LINDA AVENUE, VARIANCES, 7:07 P.M.—7:24 P.M. Matt Burns, Applicant, and Dale Gustafson, Contractor, were present. Curtis stated in February of 2015, the City issued a permit for an in-kind rebuild of the existing boathouse on the property. The boathouse reconstruction is nearly complete and the final step far the property owner is to complete the final lake yard landscaping. In order to stabilize the portion of the slope between the existing stair and the boathouse,the applicant is proposing tiered retaining walls on the south side of the boathouse with vegetative screening. Because the retaining walls are not considered an allowed structure within the 75-foot setback, hardcover and lake setback variances are required. A 1 S foot wall is also proposed on the north side of the boathouse to facilitate a continuous flat yard right at lake level. The walls will be as close as ten feet to the lake. The overall property hardcover will be 22 percent, which is below the 25 percent allowed. The area between the boathouse and the existing stairway appears to bulge toward the lake slightly and is likely not stable. The majority of the proposed walls are new. The small wall section on the north side lot line is shown to be an in-kind replacement. The wall may be an in-kind wall or slightly within the footprint. If the north wall crosses the property line, permission from the neighbor to the north will be required iu order to reconstruct that wall. Staff provided an analysis of the practical difficulty criteria in the memo and the Planning Commissioil may review individual conditions if they so choose. Staff finds the wall between the boathouse and tlle lake access stair to be necessary in order to stabilize the slope. During a site visit, Staff observed the proposed new wall on the north side of the boathouse did not appear to be critical to maintain slope stability and therefare Staff feels there is no practical difficulty that is evident. Staff recommends approval of the variances to allow the tiered retaining walls south of the boathouse, conditioned upon incorporation of the proposed landscape screening plan with additional screening in front of the bottom wall. Staff further suggests that the portions of the wall proposed on the north side of the boathouse which are not an in-kind replacement be denied. Should the Planning Commission recommend approval of the wall on the north side, a planting plan should be submitted which offers screening of the wall from the lake. Leskinen asked if they are not removing what is there on the north side. Curtis stated it is not 100 percent clear to Staff and that the applicant could probably better address it. Curtis indicated the green on the plan depicts the walls. The wall is in a slight U-shape and goes up the slope from the lake on either side and extends into the neighbor's property. Curtis stated that appears to be consistent with what she observed on the site to be the existing wall but that the applicant will need to clarify that. Curtis stated the wall does appear to turn into the neighbor's property. Curtis stated the applicant will need to make sure that what is existing is rebuilt in-kind and that they do not go beyond that. Matt Burns, Applicant, stated his neighbar has been encouraging him to do this for the past year and that he should have brought him to the meeting. Burns stated the wall is actually 24 feet long and is probably Page 7 of 21