02-16-2021 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 16, 2021 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis (arrived at 6:27 p.m.), Bob Erickson, Matt Gettman, Scott Kirchner, Dennis Libby, and Mark McCutcheon. Representing Staff were Community Development Director Jeremy Barnhart, City Planner Laura Oakden, and City Planner Melanie Curtis. Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved, Kirchner seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 19 2021 Gettman moved, Kirchner seconded, to approve the minutes of the Orono Planning Commission meeting of January 19, 2021 as submitted. VOTE: Ayes 6, Nays 0. 1. LA20-000074 EDWARD CALDWELL, 746 TONKAWA ROAD, VARIANCES (STAFF: MELANIE CURTIS) Edward Caldwell, Applicant, was present. Curtis presented a summary packet of information. The Applicants are requesting hardcover, lake setback and average lakeshore setback (ALS) variances in order to construct a new, more functional, and larger lakeside deck. They are requesting the variances in order to expand their deck by approximately 150 square feet. The existing deck is situated partially lakeward of the Average Lakeshore Setback (ALS); 79.6 feet from the Ordinary High Water Level (OHL), and the property's hardcover currently exceeds 25%. The new deck, shown in blue on screen, is proposed to be 73.8 feet from the lake and will encroach approximately 3 feet more into the ALS than the existing deck. The proposed survey showing the new deck was not submitted until last Monday; upon review it reflected the unintentional encroachment of the deck into the lake setback. Today Staff spoke with Mr. Caldwell regarding the recommendation in the Staff report for denial and he has agreed to reconfigure the deck so that it does not encroach into the 75 - foot setback. Tonight, the Planning Commission should focus on the ALS and the hardcover variances as the Applicant is prepared to provide a new deck configuration. The property currently exceeds the hardcover limitation by approximately 1,400 square feet and in order to avoid a hardcover increase with the project, the Applicant is proposing to offset the new deck hardcover with reductions resulting in a total net decrease of 47 square feet. Included in the removals are a 77 square foot lakeside concrete patio, parking area, and paver steps indicated in red hashed areas on the survey. Staff finds due to the existing home location, the shared driveway easement with the neighbor to the north, and the location of the neighboring homes with respect to the lake, there may be practical difficulties supporting the additional minimal encroachment in to the ALS and the hardcover variance requested to allow construction of a slightly larger deck. Supportive comments have been received from neighbors on each side of the property. Staff recommends approval of an ALS variance and a hardcover variance with reductions as noted. Staff further recommends denial of the two variances resulting in the deck within the 75 -foot Page 1 of 38