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HomeMy WebLinkAboutLA18-000019 (2697 Casco Pt Rd) Var Exhibit C PC MinutesMINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Kevin Landgraver, Bruce Lemke, Denise Leskinen, Loren Schoenzeit, and Jon Schwingler. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. Thiesse thanked Loren Schoenzeit, Jon Schwingler, and Denise Leskinen for each of their nine years of service on the Orono Planning Commission. 6. LA18-000019 MARK WILLIAMS, 2697 CASCO POINT ROAD, VARIANCE, 7:35 P.M. – 7:58 P.M. Mark Williams, Applicant, was present. Oakden stated the applicant is requesting an average lakeshore setback variance, a 75-foot lake yard setback, a hardcover variance, and lot area and lot width variances in order to construct a new single- family house. The applicant is proposing to demolish the existing house and construct a new house. This lakeshore lot is lower in the street third of the lot, forming a bowl on the back end of the lot, which limits the building envelope of the lot. The new proposed home sits partially within the footprint of the existing home. The applicant is asking for variances to center the home on the lot, which creates a new encroachment into the 75-foot lake yard with the porch and corresponding hardcover. The applicant is also proposing to move the home back from 61 feet from the ordinary high-water level to 64.5 feet. To meet the average lakeshore setback, they would need to be 66 feet from the OHWL, which is the same distance as their neighbors to the south. The lot to the north is currently vacant. The new structure will consist of approximately 140 square feet of the single-story porch within the 75- foot lake yard and roughly 30 square feet in the average lake setback where no structure currently exists. The Planning Commission should discuss whether the minimal encroachments are appropriate given the location of the existing structure and the distance of neighboring properties from the lake. The new home Council LA18-000019 Exhibit C MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ meets the structural and hardcover requirements. The applicant should also be required to meet the recommendations of the City Engineer. Landgraver requested a bird’s eye view of this property and the neighboring property be shown. Oakden displayed an overhead view of the area and noted the current property is very similar to the neighboring properties on either side. Access is gained through the property to the north. Mark Williams, Applicant, stated he represents the property owners. Staff report states that the overall hardcover will be reduced but the number is incorrect. Williams indicated they will be doing a 5 percent overall hardcover reduction resulting in 25 percent hardcover. Williams noted in 2001 the neighbor was granted a variance. Williams stated the hill is very steep and oftentimes in the winter guests have to park on the street. Because of the location of the existing garage, there are times they cannot drive out of there and the new garage will be end-loading, which would allow for more room. The existing porch essentially is two stories and the new porch will be one story and pulled back three feet to help reduce the impact to the neighbor. Williams stated with the changes they will be reducing the massing and that the sketch shows the existing home and then the new home. Thiesse asked if they can pull it back to the 75-foot setback, which would be taking it back ten feet. Williams stated they have a concern with the existing topography, which is the main reason for the proposed location. Thiesse stated from the survey it appears that the existing garage is at about the center line of the cul-de- sac to the north and that the new house is back further than that. As a result, there will be quite a bit more room to maneuver. Williams stated given the number of issues they have encountered, they feel this is a good solution. Leskinen noted in order to meet the average lakeshore setback, they would only need to move it back about a foot. Leskinen asked if there is a reason why that setback cannot be met. Williams stated they felt their request was reasonable but that he will discuss it with his clients prior to the City Council meeting. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Schoenzeit commented they would have more usable backyard if the house is moved further back and would be in conformity with the 75-foot line. Williams stated they would be happy to consider that and that in his view it would be a pretty minor adjustment. Williams stated he believes the property owners would be agreeable to that. Mary Enger, property owner, stated the house originally belonged to her parents and that they are attempting to maintain the essence of the home for sentimental reasons. Enger stated they attempted to meet the side yard setbacks and that they are only looking to add some features that would make it safer and allow them to have visitors easier. Enger indicated she has a large family and they spend a lot of time in the front porch, which is why they would like to keep it close to the house. Landgraver asked if Mr. Williams has any response to the City Engineer’s comments. Williams stated they are aware of it and that they understand the issues. Williams stated they understand they will need to meet the engineer’s requests, but they will have to sit down with everyone to resolve that. Landgraver suggested that be resolved prior to proceeding to the City Council. Williams asked if they could make the permits subject to that being resolved in the event the neighbors are not around. Thiesse stated the City Council will need to be made aware of that. Thiesse noted the neighbor has expressed a concern about the drainage. Williams stated when the landscape architect becomes involved, they will discuss that and create a drainage plan. Williams noted the basin area turns into a skating rink on this property and that the neighbor is attempting to sell his lot. Chair Thiesse opened the public hearing at 7:51 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:51 p.m. Schoenzeit stated in his view the Planning Commission should make the recommendation that the house be relocated behind the average lakeshore setback line. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o’clock p.m. _____________________________________________________________________________________ Landgraver indicated he is in agreement. Lemke stated he has issues with the 75-foot setback, especially since this is a clean sheet design. Thiesse noted the applicants are making improvements overall to the situation. Landgraver stated he sees the driveway as a practical difficulty. Schoenzeit stated the Planning Commission does not have a good contour of where the bowl starts. Thiesse stated the existing garage is very close to the contours of the new home. Thiesse stated by forcing a person to build their house ten feet back, they may lose their lake sightline because they are being forced back, which is a practical difficulty. Leskinen stated she can accept the encroachment within the 75-foot zone but not within the average lakeshore setback. Leskinen stated she can appreciate the sentiment of wanting it similar to what it was before, but that she can find no practical difficulty for the encroachment, particularly since the lot next door is vacant, which is more reason to pull it back a foot and a half. Oakden noted if the proposed house is moved to the 66-foot mark to where the existing house is, the line would be drawn there, and they would be subject to the average lakeshore setback or the 75-foot line, whichever is more restrictive. Schoenzeit stated if they split the difference, it would be 69 feet. Thiesse stated at the end of the day, it is likely the properties will be at 66 feet. Leskinen commented they could also build in-kind. Thiesse stated they are improving the situation. Lemke stated he still has a concern with the encroachment into the 75-foot zone. Leskinen moved, Schoenzeit seconded, to recommend approval of Application No. LA18-000019, Mark Williams, 2697 Casco Point Road, granting of a 0-75 foot lake setback variance, hardcover variance, lot area and lot width variances, subject to the conditions of the City Engineer, and to recommend denial of the average lakeshore setback variance. VOTE: Ayes 5, Nays 1, Lemke opposed.