04-17-2017 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 17,2017 6:30 o'clock p.m. Chair Thiesse closed the public hearing at 9:11 p.m. Landgraver commented this is a well-reasoned re-use of the property and that he appreciates Staff's recommendation regarding contractors. Schwingler moved,Landgraver seconded,to recommend approval of Application No. 17-3928, Michael Hart,2510 Casco Point Road,granting of a conditional use permit,subject to the conditions outlined in Staff's report. VOTE: Ayes 6,Nays 0. 8. #17-3929 KEENAN& SVEIVEN ON BEHALF OF ANTIONETTE BEENDERS, 1669 NORTH FARM ROAD,VARIANCE,9:13 P.M.—9:38 P.M. Todd Irvine with Keenan & Sveiven, was present. Gaffron stated the applicant is requesting approval for replacement and/or reconstruction of the existing decks and pool as well as replacement of the existing retaining wall system on the lake side of the existing residence. A conditional use permit is required for grading work as well as variances for average lakeshore setback encroachment and bluff encroachment. There is an existing pool with an extensive retaining wall system supporting it as well as some decks along the lake side of the house. The proposed work involves replacing the pool,the decks, and adding a second story deck at the southwest corner of the house. The property is a fairly steep lakeshore lot. The house and pool, decks, and walls are tucked into the top of a slope that today is defined as a bluff. In 1981, when the house was built,the City did not have a bluff ordinance. The house was built in a location where today it would not be allowed to be constructed. All of the proposed work is more than 100 feet from the lakeshore and appears to be at least 75 feet from the nearest wetland. Gaffron stated the applicants will be conducting a delineation this spring to determine the exact boundary location of the wetlands. The first issue is the average setback. In addition to the structure and grading within a bluff,the west half of the proposed reconstruction actually is encroaching the average setback line as defined by the lakeshore homes to the west and east. The westerly deck will encroach slightly further lakeward than the existing deck and patio. The patio area encroachment will be approximately the same or slightly less than the existing. From a view standpoint the neighboring properties should not be impacted by any of the proposed construction. The additional encroachment of the deck and pool will be lower than the neighboring house. It is unclear at this time whether that neighbor has any objections to the second story. It should be noted that there is an apparent view easement that was established as part of the original subdivision covenants at the corner of the proposed deck. That easement is not enforceable by the City. The proposed grading within the lakeshore yard would appear to be necessary in order to match the new grades resulting from removal o the tiered retaining walls. Proposed grading plans suggest that approximately 1 to 1.5 feet of fill will be added in an area approximately 40' x 90',totaling between 500- 600 cubic yards. The existing slope in this area is in the 30-35 percent range, while the proposed slope is in the 35-40 percent range. The proposed slope will be more uniform and will smooth out some of the minor variations of the existing slope. It appears that a few trees will be removed as part of the grading plan. Page 26 of 48