01-16-2024 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Kraemer said he does not see a public benefit to keeping it or a public benefit to vacating it. He appreciates that the neighbors have taken care of it for many years. He said the Planning Commission is advisory and he would like the City Council to weigh in. Ressler agreed that the land has no benefit for a public use today. He asked if the public benefits from land that cannot be used or from land that is privately maintained and taxed. He also pointed to possible public expense to the City to maintain the land if it remains an easement. He said clearly there would continue to be a need for drainage on that strip of land and possibly a drainage plan could be put in place along with any vacation. He would like to have an engineer evaluate the easement for any drainage improvements. Curtis said the Commission could recommend maintaining the drainage easement along with a vacation. She said if the vacation is approved it would be imperative to maintain the drainage easement. She explained the DNR’s position is a recommendation. Staff would recommend maintaining the drainage easement but any improvements to drainage would be a separate issue. She said the County makes the determination on how the easement would be divided between the two neighboring properties if it is vacated. Kraemer moved, Erickson seconded, to approve LA23-000045, 1250 and 1260 Spruce Place to vacate an unimproved right-of-way contingent upon maintaining a City drainage easement. VOTE: Ayes: 5, Nays 0. 2. LA23-000060 BRIAN BENSON, 3600 CASCO AVENUE, REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK AND HARDCOVER TO EXCEED 25 PERCENT FOR THE CONSTRUCTION OF A NEW HOME. City Planner Nye gave a presentation on the item, stating the applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The property is uniquely shaped with an extreme average lakeshore setback that does not allow a reasonable building envelope. The existing home on the property is entirely forward of the average lakeshore setback line. The property also contains a wide easement. The applicant is requesting variances from average lakeshore setback and to exceed the hardcover maximum of 25 percent in order to construct a new home. The applicant has identified the property’s unique flag shape and position on a point as practical difficulties. The flag-shape of the lot creates a very long driveway that comprises a large percentage of the overall hardcover on the site. The driveway is 355 feet in length and over 15 percent of the overall hardcover. Staff agrees with the applicant’s assessment. The property is a unique shape and does not have a reasonable building envelope due to an extreme average lakeshore setback. Due to the placement of the neighboring homes, building in front of the average lakeshore setback line would not impact their views of the lake. If the property had a standard driveway length, the property would be in compliance with hardcover. Staff finds the variance requests to be reasonable and in character with the neighborhood, as the current home on the site is in a similar location, she said. Staff recommends approval as applied. Brian Benson of Compass Real Easte of Wayzata, representing the developer, spoke as the applicant. He said the situation was an illustration of the need for variances. The new house would be placed in about the same location as the old house. The design of the new house is classic and minimizing massing to fit in with the neighborhood. They are proposing a reduction in hardcover from 34 to 29 percent but would still be over the 25 percent because of the driveway. He noted the neighbor also uses part of the driveway. 6