01-19-2016 Planning Commission Packet

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• MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 15,2015 6:30 o'clock p.m. 6. #15-3795 SOUTHVIEW DESIGN ON BEHALF OF ROBERT AND BETH SCHNELL, 1130 OLD CRYSTAL BAY ROAD SOUTH, VARIANCES, 7:46 P.M.—8:22 P.M. (co�ztinued) Johnson indicated they have recently received information from the Watershed District and that has been updated on the survey. Johnson pointed out the wetland delineation line. Johnson stated once the 35 foot setback is taken, the current proposal is only into the City's 35-foot setback line by approximately one foot and amounts to approximately three square feet consisting of the existing retaining wall. Johnson stated the findings are that there is very limit impact whatsoever on that space. Johnson stated they do not plan to alter the existing deck that is outside the 75-foot area and that area will stay as is. The proposal for the new deck is also showing that there are new steps at the front side of the deck to access the new pool. The current deck does provide the ability to step down into the lower back yard. In addition, the proposal includes access off of the pool deck or the concrete area down to the lower walkout area. Currently the outdoor living spaces are not connected and the ground is rather steep and uneven. Johnson stated in their view the proposal for adding those steps is very similar to adding access to a lower yard area or a lake and that the steps would allow functionality to the lower patio areas. The pergola that is being proposed is a renovated version that already exists and covers part of the existing catwalk. The catwalk connects to the garage service door and existing screen parch. Johnson indicated they have downsized the pool to be a 14' x 35' pool, which is small in comparison to most pools. The proposal complies with the 10-foot setback from a structure. The final grade will improve the water runoff from the existing conditions on site and all runoff will be managed into an infiltration system and will not impact the wetland or lake area. The square footage over the offset line that goes through parts of the pool and parts of the existing home is a total of 400 square feet. The current plan has no impact on the neighbors whatsoever. The property owners are also planning on implementing many native plantings below the retaining walls to help camouflage the pool and retaining walls. Johnson stated back in l 989, when the home was originally constructed,the home was pushed completely to the back of the property, which is very close to the wetland and lake area. The surveys show a 150- foot setback that is actually in the front side yard of the home, which is pretty unpractical to be able to create any type of living space. In addition, the 75-foot setback goes through about three-quarters of the home, not including the garage, and the property has an awkward shape to it. Johnson noted there is about a 28 to 30-foot difference to the back of the garage to the 75-foot line, which is very small. Johnson stated in tlieir view they can make some moderate adjustments to the plan to comply with the 35-foot setback,but that the hardship is that there is a 10-foot setback from the structures of the deck, which is driving the location of the pool and forces it more lakeward. The existing deck and catwalks have to stay since they service existing doors. Johnson stated many lake properties within the general area and other municipalities do not typically have the restrictions that they are finding in Orono. Johnson stated they appreciate the reason for such codes and setbacks, but some of the setbacks are located within the house footprint. The property owners want to be able to have the pool in close proximity to the interior spaces and that ii1 their view placing the pool in that location is realistic for his clients' use as well as property value. Johnson noted the property is an odd shape which results in the OHWL line and the 75-foot setback basically encompassing the whole lakeside of the home. Page 17 of 29