11-18-2019 Planning Commission Packet

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Date Application Received: 09/20/19 Date Application Considered as Complete:10/21/19 "W` YO 60-Day Review Period Extension Expires: 02/18/20 11 To: Chair Ressler and Planning Commission Members , ` Dustin Rief, City Administrator G1 4kESHOy`� From: Melanie Curtis, Planner i'Y1GG Date: 18 November 2019 Subject: #LA19-000085, Chris &Amy Evenson, 780 Lakeview Pkwy (L7, B3, Lakeview of Orono) Vacate portion of Conservation Easement Public Hearing Application Summary: The applicant is requesting to vacate a portion of the Lakeview of Orono Conservation Easement. Staff Recommendation: Planning Department Staff recommends denial. Background The applicants' original home was constructed in 2017; not long after completion they suffered a total loss fire.The home was rebuilt and completed in August 2018; a temporary certificate of occupancy was issued as the landscaping/vegetation was not yet established. This summer,the owners finalized their landscaping and requested the Final certificate of occupancy. Part of the permit compliance is verification of grading and final landscape improvements shown on an As- Built survey. Upon review of the As-Built survey,staff noted improvements (fencing, pergola/arbor, and raised planter beds) constructed or placed within the 10-foot required setback from the Conservation Easement and within the Conservation Easement established with the Plat of Lakeview of Orono. Improvements are prohibited within the Easement. In order to finalize the building permit and issue the Final Certificate of Occupancy for the home, the encroachments must be resolved.The applicants are requesting to solve this by vacating the encroached-upon portions of the Conservation Easement rather than removing/moving the improvements. Staff Analysis Staff understands the intent of the installed fence location was to conform to the edge of the established Easement area defining the limits of the yard. However,as constructed the fence and arbor sit approximately 4.5 feet inside the Easement area; two of the four raised planting beds are within the 10-foot setback from the Easement. There is no relief such as a variance from the Conservation Easement requirements. The applications are therefore requesting to modify the established Conservation Easement area on their property by vacating the 10 foot area from the edge of the fencing.