07-20-2009 Planning Commission Packet

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a, V � 1VIIl�TUTES OF THE � . ORONO PLANIVING COM1ViISSION MEETING June 15,2009 . 6:30 o'clock p.m. ROLL The Orono Planning Commission met on the above-mentioned date with the following members present: _ Acting Chair Kim Kang, Commissioners Denise Leskinen,Loren Schoenzeit, and Alternate Michelle � Winer. Representing Staff were Assistant City Administrator for Long-Term Strategy Mike Gaffron, Planner Evelyn Tumer,and Recorder Jackie Young. Council Member Cynthia Bremer arrived at 6:35 p.m. Commissioner Jon Schwingler arrived at 6:37 p.m. Acting Chair Kang called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA � *1. APPROVAL OF PLANNING COMIVIISSION MEETING MINUTES OF MAY 18,2009 Winer,moved, Schoenzeit seconded,to approve the minutes of the Planning Commission meeting of May 18,2009, as submitted. VOTE: Ayes 4,Nays 0. NEW BUSINESS -2. 09-3410 JACK W. SAFAI2,980 FERNDALE ROAD WEST—VAR7ANCE, 6:34 P.M.— 6:55 P.M. � Gaffi on stated the applicant is requesting lake setback and hardcover variances in order to construct an � addition to the home,including a deck located 43 feet from the OHWL where a 75 feet setback is - normally required. Although the proj ect does not trigger the wetland buffer requirement,a variance from . the required 70 feet wetland buffer and buffer setback is also requested as the addition will result in the creation of a nonconfornuty. The existing residence was constructed in 1987. At that time Ferndale Marsh had a required setback of 26 feet. In 2005,the City adopted new wetland regulations based on the Minnehaha Creek Watershed � Functional Assessment of Wetlands. The home and associated hardcover as it exists today are legally nonconforming and require lake setback and hardcover variances. Gaffron illustrated the location of the home and lot on the overhead. Due to the recent reinterpretation of Ferndale Marsh,the 75 foot setback from the 929.4 foot OHWL of the lake has been applied to this properiy. While the proposed addition does not trigger the wetland buffer requirement,the City's goal is to assure that new structures do not encroach into the required 70 foot setback from the wetland. A 20 foot setback from the buffer is also required for structures in order to � preserve the appearance of open space and to allow for a minimal yard space before the native buffer ,vegetation. John Smyth, the City's wetland specialist,visited the property and determined that the wetland boundary exists approximately below the line of the long boulder retaining wall. This retaining wall is set back 15 feet from the OWHL at its closest point. The addition would be approximately located between 28 feet to 34 feet from the wetland. Therefore,the new addition would be nonconforming with respect to the . required 70 feet wetland setback. PAGE 1