09-15-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 19 of 33 Curtis stated both neighbors have commented positively on the proposal prior to the 5-foot extension proposed tonight and that she would recommend the applicants obtain a new comment form from the neighbors prior to the City Council meeting. Leskinen stated based on the aerial and the tree line, she does not have any problem with the proposal. McGrann moved, Lemke seconded, to recommend approval of Application No. 14-3678, Architectural Landscape Design on behalf of Bret and Jennifer Riemenschneider, 835 Forest Arms Lane, granting of an average lakeshore setback variance with the possible additional 5-foot extension of the deck, with the applicants updating the neighbors’ comments prior to the City Council meeting per Staff recommendation. VOTE: Ayes 6, Nays 0. 8. #14-3679 THOMAS AND KATHERINE ZIEGLER, 2264 SHADYWOOD ROAD, VARIANCE, 8:12 P.M. – 8:47 P.M. Thomas and Katherine Ziegler, Applicants, were present. Curtis stated the applicants are requesting a 3-foot side street setback variance and a 242 square foot structural coverage variance in order to construct a 6’ x 24’ addition to the rear of the existing home and a 12’ x 12’ shed in the rear yard. Both additions are proposed to have two levels. The addition is proposed to be in line with the existing garage, and a variance to allow continuation of the existing nonconforming setback 12 feet from the side street property line of Crystal Bay Road where a 15-foot setback is required is also being requested. The proposed shed will meet setbacks. The applicants’ current structural coverage level is 14.6 percent, which is 47.5 feet under the allowed structural coverage level. The addition and the proposed shed result in 16.9 percent structural coverage where 15 percent is allowed. The applicants have based their proposal of 2,071 square feet of structural coverage on the total lot area which includes a road right-of-way. The right-of-way adds 1,700 square feet to the lot area. Curtis stated typically the City bases lot area on the property boundaries and subtracts areas of dedicated right-of-way. The applicants have proposed to construct the 6-foot addition in the same footprint. The variance in 2008 included the setback from the road and the applicants are looking to continue that for consistency. The plan for the shed includes grading and retaining walls which will likely result in the removal of many mature trees in the rear yard. Staff also notes the proposed retaining wall extends right up to the side property line where a 5-foot setback is required. If approved, the wall plan should be revised. Staff does not find practical difficulties supporting the structural coverage variance to allow the shed. However, the many mature trees on the site will serve to screen additional structural improvements to the home if the Planning Commission finds there are practical difficulties supporting the structural coverage variance and the side street setback variances for the 145 square foot home addition. If the Planning Commission finds practical difficulties exist which support the granting of a side street setback variance and structural coverage variance, Staff recommends making a motion recommending approval of the side street and structural coverage variances allowing the addition to the home, and the following conditions should be considered: Item #01 - PC Agenda - 09/15/2014 Approval of Planning Commission Minutes [Page 19 of 33]