03-20-2023 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION February 21, 2023 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Mark McCutcheon, Commissioners Scott Kirchner, Chris Bollis, Dennis Libby, Bob Erickson. Commissioners Matt Gettman and Jon Ressler were absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Kirschner moved, Bollis seconded, to approve the Agenda. VOTE: Ayes 5, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 17, 2023 Libby moved, Kirchner seconded, to approve the minutes of the Orono Planning Commission meeting of January 17, 2023. VOTE: Ayes 5, Nays 0. PUBLIC HEARINGS 1. LA22-000068 VALDES LAWN CARE AND SNOW REMOVAL, LLC, 2815 CASCO POINT ROAD, REQUESTS AN AFTER -THE -FACT 75 -FOOT LAKE SETBACK VARIANCE FOR RETAINING WALLS. City Planner Curtis reported that in July of 2022, the timber lake slope walls, deck and stairs to the lake at this address were destroyed by fire. A building permit was issued to reconstruct the walls in-kind. During the installation of the wall, staff observed that the construction had expanded beyond the "in-kind" limitations. As a result, a stop -work order was issued. The applicant's engineer provided documentation showing slope failure was imminent and needed an emergency correction. Because the work was halted prior to construction, on Nov. 28 the City Council granted approval to install a final wall at the top of the slope in order to protect the integrity of the slope upon spring thaw. That wall has not been installed. The applicant is requesting to add 1.7 feet to the top wall that's existing rather than constructing a new additional wall on the top of the slope, which would better accommodate the final grades and the lake access stair. All the improvements are within the 75 -foot setback from the lake and within the bluff. The newly -constructed timber walls are situated generally where the previously existing walls were located. The new walls are not considered an "in-kind" replacement as the footprint of some of the walls extend closer to the neighboring properties, are in different configurations and are in different locations than the previously existing walls. The owner is requesting an after -the -fact variance to address the wall footprint expansions in the bluff and lake yard. A lake stair is permitted within the 75 -foot setback and within the bluff. The deck walkway and shed are not permitted but are able to be reconstructed in-kind. The property owners can apply for a building permit to rebuild their decks and shed and the stairs as long as the existing parameters are not exceeded. Because the new walls were installed in a slightly different placement, size and configuration variances are required. The applicant identified the slope and existing conditions as practical difficulty supporting the requested variances. They have provided the documentation with the practical difficulty worksheet in your packets. They are here tonight as well. Staff finds there are difficulties in the topography and challenges brought on by the fire which may support the Page 1 of 19