07-25-2022 Council Packet - Laserfiche WebLink

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