04-21-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 26 year after removal. Staff, however, does question the in-kind nature of the replacement since it appears the stair of the west patio is intended to be built lakeward of the extent of the pre-existing porch. It also appears that the elevated west patio will extend into the area of pre-existing on-grade patio. As this and the east patio are to be elevated above grade with decorative walls and/or corner posts, it would be considered an expansion of a nonconformity. There is also a portion of the stair on the west patio that is entirely outside any previously existing hardcover or structure and would be considered new structure. As it relates to the east patio, the submitted plans show a 3’ x 8’ stair toward the lake on the eastern deck which is not shown on the survey. Staff would discourage the further expansion of either patio area, particularly toward the lake. During Staff’s inspection of the property, there was too much snow cover to determine the extent of the patios. The photos taken by Staff of the property show that the short walls and corner posts have not yet been constructed. The applicant should clarify the state of the various elements of this project. The property owner to the west has submitted comments and photographs. Staff recommends after-the-fact approval of the conditional use permit and setback and hardcover variances for two elevated patios, a new paver sidewalk, and installation of two rain gardens with the following conditions: 1. The City Engineer’s recommendations should be followed. Curtis noted the applicant submitted a stormwater pollution prevention plan today. 2. The west patio should be limited to the extent of the previously existing porch footprint and not expand lakeward or into the area of the previous on-grade patio. 3. The west patio should be screened with vegetation on the west and south sides to screen the structure from views from the lake. 4. The east patio should not be permitted to expand closer to the lake than the previously existing deck. 5. The east patio should be screened with vegetation as much as feasible on the south side to screen the structure from views from the lake. 6. The eastern rain garden should be revised to meet the required 5-foot grading setback from the property line. 7. Corrected hardcover calculations should be submitted with the administrative permit application reflecting hardcover within and outside the 75-foot setback. Currently the numbers are combined. 8. An after-the-fact administrative permit is required for each of the elements of the project. The Planning Commissioners had no questions for Staff. Item #01 - PC Agenda - 04/21/2014 Approval of Planning Commission Minutes 03/17/2014 [Page 5 of 26]