05/17/2010 Planning Commission Minutes

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- MINUTES OF THE ORONO PLANI�]ING COMMISSION MEETING Monday,May 17,2010 6:30 o'clock p.m. (#10-3459 BARBARA A.HALPER,3200 NORTH SHORE DRIVE,VARIANCES,CONTINUED) proposes to change these to gable dormers. In addition,the applicant is proposing to construct a single- level addition with a roof top deck in place of a grade level deck on the lakeside of the house and add a deck and steps. To comply with the side setback,the addition will be 17 square feet smaller than the deck. The applicant will remove 820 square feet of the driveway that was to have been removed when the garage was constructed. When proposing the garage addition the former owner applied for a hardcover variance because his surveyor's hardcover calculations showed he would have 31.46 percent hardcover in the 75-250 foot zone. In the process of reviewing the application, Staff discovered that the surveyor had neglected to consider the lagoon at Marina. This increased the area of the 75-150 foot zone. Staff has revised the hardcover calculations to reflect this change. The revised calculations showed 4482.5 square feet of hardcover in the 75-250 foot zone. This was only 23.88 percent so a variance was not required. In 2009, based on these calculations,the applicant was granted a land alteration permit to relocate part of the driveway. The proposed encroachment is small and probably would have little to no impact on the lake views of � adjacent residences. The applicant must demonstrate that a 12' x 23'room addition rather than a 10' x 23' addition is necessary to provide reasonable use of the house.The information supplied by the applicant on the hardship documentation form does not accomplish that. In determining the hardcover, Staff calculated how much of the hardcover increase could be attributed to the larger garage and deck as well as the required sidewalk and turnaround. The adjusted 2001 hardcover for the 75-250-foot zone is 5,002 square feet or 24.28 percent. Staff then adjusted the 2010 hardcover calculations by subtracting the amount of driveway that the applicant proposes to remove since it was not included in the proposed 2001 calculations. The adjusted 2010 hardcover is 5,943 square feet or 28.85 percent. This is 941 square feet more than the adjusted 2001 hardcover. Turner stated the size of the driveway has increased by 943 square feet. On the 2001 survey,the driveway scales to eight or nine feet wide. On the 2010 survey, it scales to 10 to 11 feet wide. The larger front deck,pavers at the rear garage door and a new retaining wall added 79 square feet. These increases total more than 941 square feet because they were offset by the removal of 175 square feet of hardcover that was included in the 2001 calculations. The only additional hardcover proposed is 79 square feet for the new lakeshore deck and steps. If the average lakeshore variance is not approved,the addition would be 63 square feet smaller than the current deck. Sixty-four square feet would be enough to provide a small deck and steps. Staff recommends the following: 1. Approval of the setback variance to change the dormer roof based on the age of the house,the elimination of insulation and leakage issues,the minor nature of the additional encroachment, and the improvement to the appearance of the house. 2. Denial of the average lakeshore variance based on the applicant not demonstrating the necessity for the variance. . PAGE 2