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HomeMy WebLinkAbout#17-3965 Exhibit B Draft MinutesMINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 18, 2017 6:30 o’clock p.m. 2. #17-3965 GORDON JAMES ON BEHALF OF DAVID AND LYNN GUTERMUTH, 2665 CASCO POINT ROAD, VARIANCES, 6:31 P.M. – 6:48 P.M. Oakden stated the applicant is proposing to reconstruct a new single-family home on this site and is requesting the following variances: 1. Setback variance for construction of the new retaining walls within 75 feet of the OHWL; 2. Hardcover variance to exceed the 25 percent limitation by 171.25 feet; 3. Lot area and lot width variances. The applicants are working with Gordon James Construction to reconstruct their new home. Along with the retaining walls will be stairs. The applicants are proposing to bring the hardcover down to 26.3 percent, which would still exceed the City’s 25 percent hardcover. Current hardcover is at 40 percent. Structural coverage meets the City’s requirements. The lot does not meet the minimum lot size for the LR-1C zoning district. Oakden noted retaining walls are not permitted within 75 feet of the lake. The applicant is proposing to install new stairs to gain lake access and install new retaining walls to support the stairs. Stairs are permissible. The applicant is hoping to be proactive in protecting the trees, vegetation, and shoreline on the property with the retaining walls. The walls as proposed will range from one to six feet in height. Because some of the walls will exceed four feet in height, engineered design is required. Staff finds that there are practical difficulties inherent to the lot shape, size, and the drainage and erosion that have taken place in the lake yard. The applicant has provided a landscape improvement plan which appears to offer relief to the shoreline and lake yards on the property. The applicants have not provided clear practical difficulties to support a hardcover variance. Staff recommends approval of the requested lot width, lot area, and lake yard setback variances contingent on the applicant providing plantings to screen the retaining walls from the lake view. Staff recommends denial of the hardcover variance or submittal of revised practical difficulties which meet the variance criteria and support the granting of the variance. Council Exhibit B 17-3965 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 18, 2017 6:30 o’clock p.m. The Planning Commission had no questions for Staff. John Van Dyke, Gordon James Construction, stated they have been working with the property owners to bring the hardcover below 30 percent. Approximately two years ago the neighbor to the south had their back yard regraded and as a result there is a lot of runoff coming onto the Gutemuth’s property. Van Dyke indicated they will lose one of the large maple trees due to erosion and they have experienced a lot of silt buildup behind the boathouse. The property owners previously had been able to walk down the slope to the lake but that is no longer the case due to erosion. Van Dyke stated they worked hard to try to get under the 25 percent hardcover limit, but because of some of the existing conditions, they are not able to do that. Thiesse asked if there is any natural way of maintaining the slope and reducing the erosion without the retaining walls. Van Dyke stated in his opinion it would be pretty difficult to do and that a retaining wall system appears to make the most sense. Leskinen asked if a reduction in hardcover could be made somewhere else on the property to eliminate the 171.25 feet. Van Dyke indicated they could look at that and that the property owners’ desire was to at least maintain the path around the house, landscaping and deck. Van Dyke noted the stairs have added to the hardcover on the ot. Thiesse asked if the wall between this property and the neighboring property to the south will stay. Van Dyke stated they are not planning on touching it. Schoenzeit asked why the house could not be moved closer to the street to reduce some of the driveway hardcover. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 18, 2017 6:30 o’clock p.m. Van Dyke stated they probably could relocate the house slightly, but since they are on the lake, they would like to take advantage of the view. Chair Thiesse opened the public hearing at 6:43 p.m. Will Hack, Gordon James Construction, stated they are dealing with a situation that did not exist when the Gutermuths purchased the property in 2008. Hack stated he appreciates the questions about the hardscape and that a lot of effort has gone into positioning the house for effective spacing from the street. In addition, the driveway has been narrowed down as much as possible to reduce hardcover but still allow cars to enter the property and be set back from the street. Across Casco Circe, Hack noted some of the cars sit in an easement area and that the proposed driveway for this property allows those cars to be moved out of that area. Hack stated the homeowners have indicated when they first purchased the property there was not a need for stairs and that erosion has resulted in the need for the steps in order to access the lake as well as help stop the erosion. Hack noted the stairs are an integral part of the solution. Hack stated as it relates to the photographs that were submitted, it is difficult to capture the funnel effect coming from the neighboring property. Hack noted there is a swale that comes out of the neighboring property onto this property. Hack noted the picture on the screen depicts the silt being deposited at the back of the boathouse, which did not exist until a couple of years ago. Hack pointed out the funnel in the back yard. Hack noted that funnel has caused a tremendous amount of erosion in a short period of time and that they are attempting to alleviate that water and erosion. Hack stated the stairs are part of the integration of the erosion control and to provide a degree of safety for someone walking down the hill. Chair Thiesse closed the public hearing at 6:45 p.m. Thiesse stated in his view the applicants have demonstrated a practical difficulty with the erosion and that the retaining walls are to fix the existing conditions. Thiesse noted there are currently stairs down to the lake and that they are replacing those. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 18, 2017 6:30 o’clock p.m. Lemke stated in his view the proposal makes sense and that there are some circumstances with the property that were not caused by the owners and they are attempting to address them. Lemke noted the owners are also reducing the existing hardcover substantially. Leskinen indicated she does not have a problem with the lot area and lot width variances and that she can somewhat see the need for the retaining walls but that she would like to see the hardcover reduced somewhere else on the property. Thiesse stated some of the easiest places to reduce hardcover are in the driveway and sidewalks. Thiesse stated reducing the driveway might meet the City’s requirements but at some point could cause the driveway to be less functional. Leskinen noted the hardcover is coming down substantially from what exists currently. Schoenzeit stated as a package it works. Schwingler indicated he is in agreement. Lemke moved, Schoenzeit seconded, to recommend approval of Application No. 17-3965, Gordon James on behalf of David and Lynn Gutermuth, 2665 Casco Point Road, granting of lot area, lot width, hardcover, and setback variances. VOTE: Ayes 5, Nays 0