05-15-2017 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,April 17,2017 6:30 o'clock p.m. 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 system with an extensive retaining wall system supporting it as well as some decks along the lakeside of the house. The lake is to the south of the house. The proposed work involves replacing the pool,the decks,and adding a second story deck at the southwest corner. 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. Back in 1981,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 75 feet from the nearest wetland. Gaffron stated the applicants will be conducting a delineation this spring to determine the exact 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 house to the west and the house located on the lakeshore to the east. The westerly deck will encroach slightly forward lakeward than the existing deck and patio. The patio area encroachment will be approximately the same or a little less. From a view standpoint the neighboring properties should not be impacted by any additional work performed on the property. 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 Page 39 of 72