08-12-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. 4. LA18-000050 ERIC VOGSTROM, 2710 PENCE LANE, VARIANCES, 7:15 P.M. — 7:28 P.M. Eric Vogstrom, Applicant, was present. Curtis stated the applicant is requesting a lake setback variance for retaining walls associated with a lake access stair. A new home is currently under construction on the property and the owner is proposing to construct set-in grade lake/dock access stairs. The stairs require some minimal retaining walls due to the slope of the lake yard. The walls would begin approximately 13 feet from the ordinary high-water level. The stairs are a permitted lake setback encroachment for this sloped lakeshore lot, but the retaining walls are not. A 75 -foot lake setback variance is required. Hardcover with the proposed improvements would be below 25 percent. Stairs are permitted by City Code. In similar situations, property owners have two choices in installing stairs: above -grade deck -type stairs or in -ground stairs. Above grade deck stairs are often more visually impactful, as the entire structure is above ground. These stairs are often used where protection of the slope is of greater importance than preserving the natural shoreline view. In -ground stairs blend into the shoreline more effectively but often require some slope stabilization. These are often used where the slope is minor and helps to better preserve the natural shoreline. Public comment was received and has been included in the Planning Commission packet. Staff finds practical difficulty in the lake yard slope to allow the minimal retaining walls associated with the set-in grade stair system for lake and dock access. Planning Staff recommends approval of the variance permitting the retaining walls to support the stairs conditioned upon implementation of a landscape plan which screens the walls from the lake. The applicant has emailed a photograph of a property with a similar landscape design and that will be put up on the overhead. Bollis asked whether the variance is just for the retaining wall. Curtis indicated it is. The stairs are permitted but the walls are not. The applicant could install an above- ground staircase. The walls will be generally screened and will help soften that look. Eric Vogstrom, Applicant, stated he had nothing to add to Staff's report. Chair Ressler opened the public hearing at 7:18 p.m. Greg Hueler, 2710 Pence Lane, stated he is here to support the application, but the issue he has is that the subdivision was supposed to have guidelines for not using the driveway. The Dunkleys are still using the driveway, which was a specific prohibition under the plat approval. Hueler commented he wants the Planning Commission to understand that a lot of people are watching this to see if they will be approving a variance on a property that is not in compliance with what has been approved. Hueler stated due to the lack of consequences of ignoring the direction of the City and the Mayor, he is not sure how the Planning Commission can deal with it. If it is approved, other citizens will expect the same treatment and that they should expect a number of neighbors expecting the same nonchalant concern for the shoreline and the hillside.