Laserfiche WebLink
MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> � Monday,April 15,2013 <br /> 6:30 o'clock p.m. <br /> mitigate for the existing,to be removed, hbme foundation as well as to complete the finish grading for the <br /> new, proposed home. <br /> The existing home is nonconforming with respect to the lake setback and the average lakeshore setback. <br /> - Approximately 525 square feet of the existing home is located ahead of the 75-foot setback line and the <br /> existing deck is entirely within the 75-foot setback. The applicant is proposing to fully conform to the 75- <br /> foot setback requirement with the proposed home. The applicant is requesting a variance to allow the � <br /> new home to encroach up to 30 feet into the average lakeshore setback on the northeast side. The home <br /> to the northeast is located approximately 180 feet from the lake where the adjacent neighbor to the <br /> southwest is between 70-80 feet from the lake, resulting in an average lakeshore setback line at an <br /> approximate 45-degree angle across from the subject property. The applicant is proposing to situate the <br /> home so that the encroachment is improved for the neighbor to the northeast but still ahead of the average <br /> lakeshore setback. <br /> The existing home on the property extends into the 75-foot lake setback area. The demolition of the hoe <br /> does not necessarily result in the need for a conditional use permit. However, as the applicant is <br /> proposing to construct the new home right at the 75-foot setback,grading within the setback is shown. <br /> The City Engineer has reviewed the applicant's grading plan for the purpose of the land use application <br /> and did not identify significant concerns. The City Engineer's comments are attached. <br /> The Planning Commission should note that there is an unclassified wetland shown on the properly near <br /> the road. The applicant should work with the MCWD and delineate the wetland if deemed necessary. <br /> � The final grading plan will be reviewed at the time of building permit submittal and the applicant will <br /> need to comply with the City Engineer's requirements at that time. <br /> Staff believes the proposed grading within the 75-foot setback area will have no impact on surrounding <br /> lands. Drainage patterns for runoff leaving the site are not significantly altered. The resulting grade will <br /> be similar to the other properties in the neighborhood. To comply with the zoning code requirement,the <br /> height measurement and basement determination will be based on the pre-existing grade, not on the <br /> altered grade. In addition, Staff feels the prosed use of the property for construction of a residence will <br /> not be changing as a result of the proposed grading activity,so there should be no change in the use and <br /> enjoyment of the adjacent properties. The fill and proposed grading on this lot will have minimal, if any, <br /> environmental impacts. <br /> Staff finds that the location of the new residence will result in an improvement of the average lakeshore <br /> setback encroachment for the property to the northeast. This home is situated with views facing east and <br /> north. Only one side window appears to face the subject home. Aerial photos show the existing tree <br /> stand between the two homes in the area where the proposed home will encroach into the average <br /> lakeshore setback. <br /> Planning Staff recommends approval of the conditional use permit and average lakeshore setback <br /> variance if the Planning Commission determines the existing views enjoyed by the neighboring homes <br /> will not be further impacted. <br /> Schoenzeit asked where the 75-foot setback is located. <br /> Curtis indicated it goes up to the patio area. <br /> . Page 5 of 26 <br />