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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. (11. #04-3012 ROGER D. O'SHAUGHNESSY, Continued) Chair Mabusth responded that the Planning Commission appreciates her position and should be discussing the issue and encouraging lakeshore buffer zones, but currently the Code looks at a boardwalk as hardcover and takes into consideration its hardcover calculations. Jurgens indicated he would support a boardwalk feature with a condition that the natural buffer be maintained into the future. Rahn asked the applicants if they considered using a mowed, meandering path instead of a raised boardwalk. Mr. O'Shaughnessy replied the reason to raise the boardwalk was to allow for vegetative plantings underneath it in order to minimize hardcover. Ms. Susan Steinwall explained that a mowed path would require a different type of grass than the proposed natural prairie grass. Rahn indicated it is difficult to find the hardship to allow the boardwalk. Kempf stated his support for the architectural, ecological and aesthetic factors of the proposed restoration area. He would be in favor of the boardwalk with a condition it be maintained into the future, but was not in favor of the landing. He also noted the general supportive comments from the Planning Commission for the lakeshore restoration and buffer features. Ms. Steinwall agreed to accept a proposed condition to maintain the restored area into the future. 4. Variance to allow a fence within 75' of the lake. It was a consensus to accept staffs recommendation on this variance. Mr. O'Shaughnessy indicated granting of the fence variance was not that significant to the project. Leslie moved, Bremer seconded, to recommend the following actions for Application #04-3012, Roger O'Shaughnessy, 1265 Brackett's Point Road: 1. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30' maximum is normally allowed. 2. Approval of the variance and conditional use permit for construction and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 3. Denial of the hardcover variance for 438 s.f. of hardcover within the 0-75' setback zone. 4. Denial of the variance to allow a fence within 75' of the lake. VOTE: Ayes 5, Nays 2. Chair Mabusth stated she wanted to see the City support property owners in the restoration of lakeshore similar to the O'Shaughnessy's proposal. She urged the Planning Commission to take up this issue for discussion. Chair Mabusth remarked her approval of the boardwalk would be conditioned on it meeting the less than 30" height, 4' wide with no landing and only through the portion through the restored prairie area, and would also deny the fence variance in the 0-75' setback zone. Leslie advised the applicant to consider returning to seek approval on the hardcover variance in the future. Chair Mabusth and Kempf explained they concurred with all staff recommendations except for the hardcover variance/boardwalk, which they would have approved with the conditions Chair Mabusth summarized above. Page 27 of 40