08/15/2011 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING CONIMISSION MEETING Monday,August 15,2011 6:30 o'clock p.m. � (Recess taken from 8:44 p.m.to 8:50 p.m.) 6. #11-3521 TAMI HELMER,3131 CASCO CIRCLE,VARIANCES,8:43 P.M.—9:30 P.M. Tami Helmer,Applicant,was present. Curtis stated the applicant is requesting an average lakeshore setback variance and hardcover variance in order to remove and replace portions of the lakeside deck,add dormers to the lakeside of the home,and construct a garage addition. No increase in hardcover is proposed. In 1995 a previous property owner was granted hardcover variances in order to rearrange hardcover on the property. Hardcover calculations for that application were based on a 1991 survey. The property was granted at that time a variance allowing 42.9 percent hardcover within the 75-250 foot zone. The hardcover calculations for that variance application appear to have been calculated by the applicant. Following a review by Staff,it was determined they were inaccurate. Staff conducted a comparison of the 1991 survey and an as-built survey submitted by the applicant in order to resolve the inconsistency. The current survey and hardcover numbers,minus the landscape areas lined with plastic and/or fabric, reflect the actual 1995 approved hardcover level. Staff believes 5,095 squaze feet or 30.5 percent is the actual level of hardcover approved with the 1995 resolution. This number was the basis for Staffls hardcover analysis. � The existing home is situated partially ahead of the average lakeshore setback line. The shoreline curves in this area of Casco Point, and while the applicant's property is nearly in line with the home to the east,it sits ahead of the home to the west. The applicant is proposing to construct roof dormers on the lake side of the home in the place of the existing skylights in order to improve the appearance. No additional living space is proposed in this area. The dormers would not extend closer to the lalce than the existing roof. However,the dormers would be considered an upward expansion of the existing nonconforming roof and a variance is required. The applicant would also like to remove portions of the deck from within the average lakeshore setback on the east side of the property and relocate it partially in the notch at the rear of the garage. The new portions of the deck would continue to be ahead of the average lakeshore setback but would not encroach further than the existing deck. There is a considerable amount of vegetation along the west side of the applicant's property line which helps to screen the applicant's property from the neighbor to the west and construct a 555 square foot addition on the side of the home. Staff finds practical difficulty exists with respect to the curving shoreline resulting in the average lakeshore setback line cutting through the applicant's home. The applicant is not proposing to increase hardcover above the existing, approved level,and is not proposing to encroach further into the average lakeshore setback with the ixnprovements. Staff does not find that the dormers or the deck will adversely impact views of the lake currently enjoyed by the adjacent properties. Staff recently met with the son of the property owner to the west,Charlie Jones,who resides at the property. Mr.Jones made statements regarding his concem about the type of impacts the applicant's proposal will have on the value of his mother's property and the impact on his view of the lake. He also expressed concern regarding the applicant's proposal to move the outdoor living space from the east side Page 24