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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,June 17,2013 <br /> 6:30 o'clock p.m. <br /> Leskinen asked if the Planning Commission should discuss the individual line items of the conditional use <br /> permit criteria as noted in the Staff report. <br /> Curtis suggested that if the Commissioners have a question or concern regarding any of the specific <br /> criteria then discussion would be appropriate and stated that Staffs report will be part of the official <br /> conditional use permit review record. <br /> Krogness stated it would be an improvement. <br /> Leskinen commented the area does need some work and that removal of the railroad ties would help <br /> improve the appearance. <br /> Landgraver moved,Krogness seconded,to recommend approval of Application #13-3604,Eskuche <br /> Associates on behalf of Neil and Barbara Goodwin,2975 Casco Point Road, granting of a <br /> conditional use permit for the work within the 0-75 foot zone, and the granting of an average <br /> lakeshore setback variance as proposed,subject to the project complying with the City's 25 percent <br /> hardcover regulation and 15 percent structural coverage limit,and subject to the applicant and the <br /> City Engineer resolving the drainage issues in this area. VOTE: Ayes 5,Nays 0. <br /> 3. #13-3610 CITY OF ORONO,AMEND CITY CODE SECTION LOTS OF RECORD 78- <br /> 72, 7:10 P.M.—7:18 P.M. <br /> Gaffron stated in March of 2012,the City Council adopted Ordinance 92, Third Series, which in part <br /> amended Zoning Code Section 78-72 to bring it into compliance with Minnesota Statutes regarding <br /> nonconforming Lots of Record in the shoreland. <br /> Gaffron stated in October of 2012,the City Council adopted Ordinance 95, Third Series,which removed <br /> the 80 percent lot width and lot area standard for existing nonconforming record lots in zones of one-acre <br /> or less. The majority of such properties are in the Shoreland Overlay District and subject to state statutes <br /> regarding lots of Records and DNR Shoreland standards, which override the local zoning for <br /> nonconforming record lots. <br /> He noted that the ensuing months of administering the ordinance, Staff has concluded that a minor <br /> wording change is necessary to ensure clarity. Section 78-72 has three subheadings. Subhead(a) is <br /> simply the definition of"record lot." Subhead(b) is the carryover"nonconforming lots of record" section <br /> that originally applied city-wide prior to the 2012 amendments. Subhead(c)establishes the new <br /> standards adopted in 2012 that apply only to nonconforming lots of record in the Shoreland Overlay <br /> District. <br /> Gaffron stated with the ordinance as currently worded, someone could incorrectly conclude that both <br /> subhead(b) and subhead(c)apply to shoreland properties. This potentially creates confusion because the <br /> standards under each subhead are not identical with regard to the new hardcover regulations adopted in <br /> 2012. Subhead(b)suggests that with regard to hardcover, any nonconforming record lot must merely <br /> meet the code requirements of the underlying zoning district, which includes the variable hardcover limits <br /> established by the tier system; i.e., ranging from 25 percent to 35 percent for individual residential lots. <br /> However, a nonconforming record lot in the Shoreland that is subject to subhead (c) is limited to 25 <br /> percent hardcover regardless of its tier status. <br /> Page 7 of 9 <br />