09-18-2017 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 18,2017 6:30 o'clock p.m. 1. A rear setback of 10 feet where 20 feet is required; 2. A 75-foot setback; 3. A 75-foot hardcover variances for portions of the proposed home and hardcover improvements; 4. An average lakeshore setback; and 5. Lot area and lot width variances are necessary at a minimum in order to deveop the property. The average lakeshore setback line is determined by the location of the home at 1555 Orchard Beach Place. That home is situated approximately 125 feet from the lake. To conform, the proposed home on the subject property would need to be set back at least 125 feet. The subject project is only 110 to 120 feet deep and portions of the proposed home and accessory hardcover are within 75 feet of the OHWL. The proposed access stair near the lake is permitted under city code. However,the patio attached to the home, portions of the home, and portions of the front entry stoop are not specifically permitted. The hardcover associated with those structures totals approximately 246 square feet or 2.5 percent of the proposed hardcover. A practical difficulties analysis has been included within Staff report. Staff finds practical difficulties inherent to the size, shape, and location of the property exist which justify the lot area, lot width, and average lakeshore setback variances allowing development. The applicant has requested a rear yard setback variance, a 75-foot setback variance, and hardcover variances within 75 feet for the new home. The lake setback reflects as much as a 3-foot encroachment of the corner of the home or the entry stoop which could possibly be redesigned. These encroachments are not supported by practical difficulties. Hardcover within the 75-foot setback will offset with two existing to be removed concrete features. It is not supported by substantiated practical difficulties. Comments have been received and were included in the Planning Commission packet. There may be additional comments presented this evening. Staff recommends approval of the lot width, lot area, and average lakeshore setbacks as requested. Staff further recommends the Planning Commission review the practical difficulties provided by the applicant and determine if they support the additional variances for lake setback and 75-foot hardcover. If the Planning Commission finds the additional variances are supported by practical difficulties, approval may be appropriate. Leskinen asked if this lot was considered unbuildable at one time. Curtis indicated variances in the past have been denied. Leskinen asked if the lot has always been taxed as a buildable lot. Curtis stated she is not sure whether the tax situation has changed with the lot. Mike Sharratt, Sharratt Design, stated he realizes the applicant has been before the City a number of times in an attempt to make use of the property but that it is a lot of record and there is a sewer stub that was Page 6 of 21