01-16-2018 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 16,2018 6:30 o'clock p.m. Oakden indicated this is a different builder who is now constructing the home. Oakden stated the house application was just received this month and the deck was noticed after the variance was granted for the work to the shore. Lemke moved,Leskinen seconded,to recommend approval of Application No. 18-3992,Revolution Design Build on behalf of Kevin and Patty Kretsch,3155 Casco Point Road,granting of an average lakeshore setback variance for a new deck. VOTE: Ayes 5,Nays 0. 4. #18-3993 MICHAEL HAYES ON BEHALF OF WELDON AND MARCIA GILBERTSON, 684 TONKAWA ROAD,VARIANCE,6:55 P.M.—7:03 P.M. Michael Hayes,Applicant,was present. Oakden stated the applicant is requesting an average lakeshore setback variance. The applicant is proposing to build an addition to his two existing decks. One deck, located off of the master bedroom, currently encroaches in the average lakeshore setback by two feet. The addition would increase the encroachment to six feet. The other deck, located off of the living room, encroaches 26 feet. The living room deck is being proposed to have a 35-foot encroachment into the average lakeshore setback. The proposed deck addition will add seven feet on the living room deck, creating a 96.9-foot setback from the lake. The master bedroom deck will add 3.75 feet to the existing deck, creating roughly a 105-foot setback from the lake. The deck will marginally interfere with the sightlines of the neighbors, meeting the intent and purpose for the average lakeshore setback. The view of the most impacted neighbor to the north is somewhat blocked by the corner of the house. They would be the only neighbor that can see the new deck. Staff finds that there are demonstrable practical difficulties supporting the average lakeshore setback variance request. Both neighbors have signed off on the project. Planning Staff recommends approval of the variance. Landgraver asked what the adjacent lakeshore setbacks will look like if this is approved. Thiesse noted the neighbor to the south is already in front of the deck and the other property is behind but higher than this property. Oakden illustrated the lakeshore setbacks on the two adjacent properties. Thiesse asked if there is a piece of the house that is protecting the property from the north. Oakden indicated that is correct. Landgraver commented the one neighbor would receive an advantage if the average lakeshore setback variance is granted in this case. Michael Hayes, Applicant, stated this is not a large deck and would only be 14 feet out from the house. Hayes noted there is some bad topographical coming down from the street to the lake and that the property drops like 60 feet between those two points. Due to that topography, people tend to build up Page 5 of 17