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• • Date Application Received: 6/22105 Incomplete Notice sent: 6/29/05 Considered as Complete: 7/7/05 Initial 60-Day Review Period Expires: 9/7/05 Extended by notification on 8-3-05 to: 11/7/05 Extended by Applicant Request to: 5/7/06 TO: Chair Rahn and Orono Planning Commission Ron Moorse, City Administrator FROM: Mike Gaffron, Planning Director DATE: January 12, 2006 SUBJECT: #05-3135 Allen Munson, 3165 North Shore Drive - Public Hearing - Variance: Average Lakeshore Setback - Conditional Use Permit: Grading/Filling in excess of 500 C.Y. Zoning District: LR-1B, Single Family Lakeshore Residential, 1-acre/140' minimum Lot Area/Width: 60,027 s.f. (1.38 acre) / 150'-173' Application Summary: Applicant requests an average lakeshore setback variance, and a conditional use permit for importation of fill in excess of 500 cubic yards (2350 c.y. proposed)to allow for construction of a new residence to replace the existing residence on the property. Staff Recommendation: With regards to the requested conditional use permit for fill in excess of 500 cubic yards, the Planning Commission should review the applicable Zoning Code Sections and evaluation criteria in Section 78-1250 and determine if any negative impacts will result. Planning Commission should also consider whether the impacts of the average setback encroachment are so limited as to warrant a variance. Planning Commission should review the comments by Peter Johnson, representing Morrie Wagener, the adjoining property owner to the south. Pertinent Code Sections 78-1279(6): Average lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots... The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Sec. 78-967. Exception. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The following land alterations shall be considered as unusual land alterations: (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography.