08-20-2018 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. Ressler moved, Olson seconded, to recommend approval of Application No. LA18-000062, Stonewood, LLC, 385 and 387 Orono Orchard Road South, subdivision and preliminary plat. VOTE: Ayes 7, Nays 0. 5. LAI 8-000063 MATT JOHNSON, 1432 SHORELINE DRIVE, VARIANCE, 7:08 P.M. — 7:33 P.M. Matt Johnson, Applicant, was present. Oakden stated the applicant is requesting a variance to construct a 6 -foot tall white privacy fence in the 75 -foot setback. There is an existing fence depicted in orange on the overhead, with the proposed fence depicted in blue. The 75 -foot lake yard setback impacts the subject property from both the west and the east side. The lot is substandard in size for the LR -IA, 2 -acre district. The applicant is looking to create additional separation between the neighbor to the south which uses the property as a commercial parking lot as well as a home. A fence would mitigate sound and visibility between the two properties. The applicant has stated there is an existing fence post located in the lake yard that they would like to connect the new fence to. The fence will connect to a fence along the east property line. Typically fences within the required side yard of a lakeshore lot shall not exceed six feet in height and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. As a result, the applicant is requesting a variance. Findings are included in Staff s memo. Staff finds there are some practical difficulties to support the variance. The adjacent property is residentially zoned but the large gravel lot is used for parking for much of the year for the marina. The main impact of the fence visually will be from the deck at 1440 Shoreline. The Commission could recommend a 42 -inch height limit in this area if they wish. To date no public comments have been received on this application. The Planning Commission should discuss the proposed questions provided by Staff. If the Planning Commission supports the proposed findings, a motion to recommend approval is supported. Erickson asked if the lot to the south is zoned differently from this lot. Oakden indicated it is zoned residential but that a portion of the lot is used for a commercial business. Matt Johnson, Applicant, stated the property next door is zoned residential but that they have a variance that was obtained in the late 1980s to support the marina activity located next to that property. Johnson noted the residential property has to be in joint ownership with the marina and that there are actually two residentially zoned properties that have the right to have overflow parking. Johnson displayed some photographs of the area, noting that the photograph currently on the overhead was taken on Wednesday, June 20, at 3:00 p.m. Johnson stated the overflow parking occurs during the week as well as on the weekends. Page 6 of 13