01-21-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2013 6:30 o’clock p.m. _____________________________________________________________________________________ Page 21 of 35 With the new home the applicants would be permitted an in-kind replacement of the above grade deck in the non-conforming location. The applicants wish to improve upon the impact to the adjacent neighbor to the north at 2691 Caroline Avenue and construct an outdoor living area more conducive to the topography of the property. The applicants have proposed to construct an elevated patio by adding fill to a level 7.8 feet above existing grade. The new patio will be screened from view from the property to the south by existing trees. Because the patio will be nearly 8 feet higher than the existing grade and ahead of the average lakeshore setback, a variance is necessary. The new home meets all of the required LR-1C and Shoreland Overlay District setbacks. The proposed patio will be constructed entirely ahead of the average lakeshore setback line. The proposed patio extends 22 feet into the average setback including the perimeter wall. The patio will be elevated 7.8 feet above the existing grade in that location. The proposed home will be built right up to the average lakeshore setback line. The applicants propose to grade the lake side of the home up to the 75 foot setback and create a patio off of the first floor of the new home. This patio will be 7.8 feet above the existing patio on the property today. The patio will be two feet lower than the adjacent grade outside the home to the south at 2696 Caroline Avenue. The applicants’ property has 28,994 square feet in area; approximately 18,800 square feet of which is unbuildable due to the average lakeshore setback. The applicants’ lot has a unique shape and partially functions as though it is a peninsula. Their proposal to remove the above grade deck and move the outdoor living space to the southeast side of their property will improve the potential lake views enjoyed by Pulver, the neighbor to the north. The two adjacent neighbors have provided letters of support for the applicants’ variance request. Mr. Pulver did request the existing drainage area be maintained. Staff finds practical difficulty in the shape and orientation of the property. Further the topography and existing trees on the applicants, and neighbor’s property, assure that the views of the lake enjoyed by the Millers will not be impacted by the proposed elevated patio; the lake views enjoyed by Pulver will also be improved with the removal of the above grade deck. Planning Staff recommends approval of the average lakeshore setback variance. The applicant will be required to comply with the City Engineer’s recommendations. A separate permit in addition to the building permit for the new home will not be required for the patio and walls. Thiesse asked what the grade will be off the new deck. Curtis stated the City Engineer provided some comments which the applicants are in the process of addressing. The City Engineer had recommended a 3:1 slope and has asked for revisions in that area. Curtis noted the applicants are addressing the City Engineer’s comments and will be submitting a revised plan prior to the application going to the City Council. Ziv Liberman, applicant, stated he owns the home and that they have lived on the lake for approximately 30 years. Liberman indicated they would like to take their summer place and put up a new home to accommodate their grown children and grandchildren. Liberman stated he is happy to share with the Planning Commission that both of the adjoining neighbors are in support of the project. Liberman noted the neighbors are actually to the south and north rather than east and west. Item #01 - PC Agenda - 01/21/14* Approval of Planning Commission Minutes 11/18/2013 [Page 21 of 35]