LA18-000076 (1725 Bohns Pt Rd) Ex C Draft PC Min

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. 6. LA18-000076 REVISION, LLC, 1725 BOHNS POINT ROAD, VARIANCES, 7:03 P.M. – 7:19 P.M. Kevin Schultz, Revision, LLC; and Sven Gustafson, Stonewood, LLC, were present. Curtis stated the owner purchased the property in the fall of 2017 and has begun to make improvements. One area they wish to upgrade is the existing boathouse on the western portion of the lakeshore. The applicants have provided plans which contemplate an in-kind rebuild of the existing failing structure but wish to expand upward to allow for a covered porch-like roof over the top portion of the structure which is currently a dock. They also propose to reorient the stairs but are keeping the two existing patio areas at the lake and up on the hill. Due to the proximity of the boathouse to the lake, variances are requested. The applicants plan to rebuild the foundation of the 150 square foot boathouse which is permitted as a legal nonconforming structure with respect to setback. It is currently set back 16 feet from the OHWL where a 75-foot setback is required and entirely lakeward of the average lakeshore setback line. They also plan to increase the height by adding a porch roof over the top which expands the structure within the substandard average lakeshore and lake setback. The hardcover variance is requested due to the reorientation of the existing stairway to the lake. A lake access stair is permitted hardcover. However, with the addition of the other existing improvements in the 75-foot setback, the hardcover on the site exceeds the minimum permitted. The applicant’s proposal results in a hardcover reduction in the 75-foot setback area of 40 square feet due to the reorientation of the stair and a variance is still required. The applicant has completed a practical difficulty form and should be asked for additional testimony regarding the application. The boathouse was constructed prior to today’s lake and sight protection rules. The owners intend to keep the existing footprint yet wish to make improvements to better suit their family’s needs and to modernize the structure. The Planning Commission should review the practical difficulties analysis provided and determine if they support granting the requested variances to improve the boathouse and lake access stair. The Planning Commission should carefully consider whether the applicant has satisfied the practical difficulties standard for their proposed accessory structure expansion and consider a motion to approve or deny the requested variances as appropriate. Thiesse asked if the encroachment would be from the top of the railing up since there is currently a railing. Curtis indicated it would be. Kevin Schultz, Revision, stated the existing vegetation hides the structure almost entirely from the lakeside. All of the foliage that is seen is intrinsic to erosion control, and if it is cut back or destroyed, the slope would be in danger of failing. Even with the height of the roof being raised, the roof peak height would still screened from behind. Sven Gustafson stated the roofline is essentially level with the back yard.