01-19-2016 Planning Commission Packet

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f.l � NmvUTEs oF� ORONO PLANNIlI�G COMIIVIISSION MEETING Monday,November 15,2015 6:30 o'clock p.m. Iakeward of the average lakeshore setback line. The deck additions are proposed to be situated as close as 53 feet to ttte OHWL and therefore also lakeward of the average lakeshore setback line and 150-oot structuraI setback. The pool and pool decking/surround is proposed to be 34 feet from the wetland and 60 feet from the OHWL and therefore lakeward of both the I50-foot and average lakeshare setbacks. The one neighboring property lakeshore home is over 700 feet away and is separated visual}y hy vegetation and/or topographic differenc,es. The proposed improvements are designed to have minimal visual impact from the lake. Tk�e home was constructed prior to adoption of the Shoreland regulations. Staff would note that the hardcover is not calculated specifically ftir the hardcover within 75 f�e2. Staff estimates were provided based on the hardcover calculation sheets for the overail pmperty. Prior to placement on the City Council agenda,the applicatrts should provide clarification on ti�e specified amount of hardcover within 75 feet. Staff has provided a practical difficulty analysis within the report and fia�s tha.t the location of the home in the property results in a dii�iiculty or an inability to tc�e structural or hsrdcover changes on the lakeside of the prapetty. In addition,the awkward sbape of the lot and lake-b�sed setbacks also add to the difficulty. It appears special conditions exist relatir�to the home location on the property which may support granting the requested lake setback and avera�e lakeshore sett�ack variances fnr some or a11 of the deck improvements and pergola. However,the setback aad hardcove�variances relating to the pool would appear to serve merety as a convenie�ace to the owner;,and tt►ere are alternative locations on the property where this amenity could be local�ed. The granting of variances to permit a pool to be locab�d loss than 75 feet from French Creek and the 35- foot setback would not be oensistent with the goals of the Cornprehensi�e Plan or in keeping with the intent of the Zoning Code. $ased on the information provided�nd Staf�'s analysis,it does not appear that the applicant provided su�iciem practkcal difficu.hYes to support granting these variances. There have been no commettts frozn.the puhlic received regarding this application. The Planning eommissiv�should a�aluate the pra�tica.l difFiculty criteria against the requested variances and make�recommendat�o�o to the City Council. Planning Staff recommends approval of the variances to atlow modifications to tha ca�structian�f the decks and pergola Staff recommends denial of the wetland set�cic and hardcover�•a�riances rel�ting to the pool,retaining walls, and pooi patio, The Pianning Cainmission had na questions for Staff. Tim Johnson,Southview Design, stated this is a challeng-ing site and tt►at the owners were not aware of the setbacks when tfiey put�hasad the property. The owners have already invested quite a bit in the property and have renovated the existing home. The goals are to work with the City as far as trying to adapt a new outdoor living space than is much smaller than what was originally em�isioned. Johnson stated they are now proposing to keep the existing catwalks and main deck area,whicb are over the 75- foot line, as is,but they would like to improve the euisting deck where the pergola is at by 200 sqUare feet,which would allow a table setting. C�trrent deck conditions do not allow ti�et�t to use it practically. Curtis displayed a picture of the catwalk. Johnson stated they wauld like to increase tt�e catwatk by 204 square feet but it would still be inside the 75-foot area. Page 15 of 27