02/16/2010 Planning Commission Minutes

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 16,2010 6:30 o'clock p.m. (10-3442 DIRK MILLER OF THE ENIILY PROGRAM,2180 NORTH SHORE DRIVE,CONT.) Rahn moved,Rice seconded,to recommend denial of Application#10-3442,Dirk Miller of The Emily Program,2180 North Shore Drive,with the recommendation that the orientation of the garage be changed to allow for easier access into the garage and to eliminate a major portion of the driveway,with the overhead doors facing the street. VOTE: Ayes 5,Nays 0. 4. #10-3445 CLIFFORD AND BARBARA SWENSON,2956 CASCO POINT ROAD, VARIANCES,7:30 P.M.—7:45 P.M. Mark Gronberg, Surveyor,was present on behalf of the Applicant. Curtis stated the applicant is requesting variances in order to construct a replacement deck approximately 28 feet from the lake where a 75 foot setback is normally required. Hardcover, side setback, and average lake setback variances are requested. A grade-level,lakeshore deck previously existed on the property in the proposed location. It is estimated to have been constructed sometime in the 1980s. There was no permit issued for the deck. In 2009,the property owners removed the deck and constructed a new, slightly different deck in its place. Upon notification of the requirement for variance approval,the property owners chose to revert back to the previous deck configuration rather than what was constructed in 2009. The applicants are requesting a hardcover variance within the 0-75 foot zone to allow 240 square feet hardcover where only 112 square feet is permitted for the lake access stairway. The proposed deck would be set back only 28 feet from the OHWL where a 75-foot structural setback is required. The applicants' property is very narrow at the lake until approximately 200 feet landward. The 14-foot wide deck encroaches on both side lot lines. There is a proposed 0-foot setback on the north and an 8- foot setback from the south property line. The proposed deck will be located significantly ahead of the average lakeshore setback line. It is proposed as grade-level and should not interfere with views of the lake from adjacent properties. Staff finds the grade drop-off in the lake yard necessitates the lake access staircase. The applicants' proposed deck will be at grade and the deck itself will not interfere with the views of the lake enjoyed from neighboring properties. However,patio furniture or other appurtenances may block views. Both of the immediate neighboring properties have significantly larger lakeside decks or structures than the applicants are requesting. . The proposed deck appears to function as a large stair landing. The 128 square feet of hardcover associated with the deck accounts for approximately 7.5 percent of the hardcover within the 0-75 foot setback zone. However, at 20 feet wide,the zone itself is extremely small in comparison to the adjacent properties. The narrowness of the property at the lake presents the additional challenge of ineeting the 10-foot side setback requirement. Page 9