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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Tuesday,June 21,2022 <br /> 6:00 o'clock p.m. <br /> 2. LA22-000026 AL AZAD, 165 BEDERWOOD DRIVE,REQUESTS FRONT AND SIDE <br /> YARD SETBACK VARIANCES FOR A GARAGE ADDITION.(STAFF: MELANIE <br /> CURTIS) <br /> Al Azad,Applicant,was present. <br /> City Planner Curtis gave a presentation on the item,noting in 2021 the Applicant received variances in <br /> order to redevelop the property. However,due to high material and labor costs,they have adjusted their <br /> plans. The Applicant is now requesting variances from the front 50 foot setback and side setback in order <br /> to construct a garage addition in line with the existing home's interior layout.The side property line abuts <br /> Luce Line right-of-way which extends into the property approximately 7.5 feet.The existing home is set <br /> 7.3 feet from this right-of-way encroachment line and 14.9 feet from the property line.The addition will <br /> encroach into the railroad easement by 3.1 feet creating a setback of 4.4 feet from the northern property <br /> line where a 10 foot setback is required. Staff finds the zoning district requirements,the existing lot size <br /> and width,and the unique configuration of the property having no actual road frontage create practical <br /> difficulties. The existing detached garage is constructed right up to this property line within the railroad <br /> easement and the new garage is shown within the existing garage foot print.The DNR has received a <br /> copy of the Applicant's plans and Staff is awaiting their feedback on this application. Staff recommends <br /> approval. Curtis noted the Applicant should use care in improving the existing driveway to connect the <br /> new driveway assuring the improved driveway area remains within the established driveway easement <br /> shown on the survey.Feedback from the DNR will be provided to the City Council along with the <br /> Planning Commission's recommendation at the July 11,2022 meeting. <br /> Ressler noted it is currently encroaching on a railroad easement and typically they are not supportive of <br /> going into easements,yet Staff recommends approval. <br /> Curtis replied Staff approval is based on the existing garage and the improved setback the new garage <br /> addition will provide from the property line. <br /> Erickson stated an easement is not the same as a setback. Rather an easement is something granted from <br /> one property owner to another and in this case it is a State trail administered by the DNR.They are the <br /> beneficiaries of that easement and from a jurisdictional standpoint Erickson questions the City's ability to <br /> approve something that conflicts with State property. <br /> Curtis replied that is the reason at this time Staff recommends approval pending feedback from the DNR. <br /> She spoke with the Parks and Trails Supervisor earlier in the day that was going to review the plans and <br /> provide feedback which has not yet been received.In the conversation,the Supervisor indicated the way <br /> the DNR addresses building encroachments within their building areas is to issue a lease to the property <br /> to allow that use. <br /> Erickson thinks it is important for the City to have some consistency and there have been other Applicants <br /> with encroachments in the Luce Line.He believes they required them to remove any encroachments on <br /> the easement,and spoke about an application regarding a shed.Another concern is looking at the plan <br /> there is an 8 foot space between the garage and the house,it seems if they put the garage right up against <br /> the house that would take care of the 3 foot encroachment. <br /> Curtis thinks there are some windows the owners are trying to preserve on that side of the home. She <br /> believes the shed encroachment Erickson is talking about was actually a Dakota Rail improvement which <br /> Page 2 of 9 <br />