Commission approves cabana variance after debate over lakeshore setback measurement

The Orono Planning Commission approved a variance allowing a 15‑by‑15 accessory cabana at 1530 Orchard Beach Place to sit within the average lakeshore setback, but attached a condition requiring at least 10 feet of separation from the principal residence.

Melanie Curtis, the city planner who presented the staff report, told commissioners staff had not found that a practical difficulty had been established for placing an accessory structure inside the average lakeshore setback and recommended denial: “There wasn't essentially a practical difficulty established in this particular case.”

Josh Keller of Selfie Design, the project's lead designer, argued the proposal minimizes visual impacts and preserves neighbors' lake views. “We're not impeding anybody's view of the lake,” Keller said, adding that the cabana was designed so anyone would have to “look backwards to even see the structure.” He also said the homeowner had neighbor letters supporting the project.

Commission discussion focused on a technical measurement: because the subject lot abuts a service road/right‑of‑way rather than an improved neighboring structure, the code’s method for calculating the average lakeshore setback draws the measurement from the far side of that right‑of‑way, which increases the setback distance on paper. Several commissioners said that technicality creates a unique circumstance and suggested the adjacent right‑of‑way constituted the practical difficulty. Other commissioners expressed concern about setting precedent for future lakeshore accessory structures.

After exploring design compromises (removing a pergola element or tightening the cabana placement), the commission voted to approve the lakeshore setback variance on condition that the accessory structure provide at least 10 feet of separation from the principal structure and comply with side‑yard setbacks. The motion passed by voice vote with no recorded opposition.