06-11-2012 Council Minutes - Laserfiche WebLink

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• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2012 7:00 o'clock p.m. (5. #11 -3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE RESIDENTIAL ZONING DISTRICTS. DOCKRENTAL, Continued) Mattick indicated Staff will bring the final language back to the City Council for adoption at their next meeting. 6. #12 -3547 JOHN AND PHOEBE STAVIG, 790 BROWN ROAD NORTH — VARIANCES John Stavig, Applicant, was present. Gaffron noted this is a vacant lot located on a private road off of Brown Road. Gaffron noted there is also a bluff on the lot. The applicants are requesting the following variances in order to construct a residence on this vacant lot: average lakeshore setback variance, rear (street) setback variance to allow setback of 30' where 50' is required; variance to allow construction 15 feet from the top of bluff where a 30 -foot setback is required; and a variance to locate the home five feet into the defined 20 -foot bluff impact zone. The Planning Commission has reviewed this application twice. Following the first meeting, the applicant,; submitted additional engineering on slope stability. Staff has also looked at other options for a building site outside of the bluff impact zone. Without any variances, it would be very difficult to construct a house on this lot. Based on that review, Staff would recommend that a 25 -foot setback be allowed rather than a 30 -foot setback and allow the house to be located 25 feet from the side lot line. The applicant has indicated he is not interested in locating the house closer to the street and closer to the neighboring property. Staff also recommended that the applicant be allowed some grading work within the bluff to • allow for a walkout. The applicant has also asked for a tuck under garage. The Planning Commission at its May..21 meeting voted 5 to 0 to recommend a combination of approvals and denials as follows: Approval of an average lakeshore setback variance; Denial of the bluff setback variance; Denial of the variance to encroach into the bluff impact zone with structure; 4. Allowance for limited grading within the bluff impact zone to allow for a walkout door; Approval of a street setback variance to allow the home /structure up to 25 feet from the rear (street) property line, five feet closer than requested by applicant; Approval of left and right side setbacks of 25 feet where 30 feet is normally required to allow for a house /garage footprint of approximately 2,150 square feet. The applicant did not request these variances. Gaffron stated the recommendations of the Planning Commission offer the applicant additional unrequested relief to the property line setbacks while denying the structural bluff impacts. The applicant has not indicated acceptance of these conditions. Gaffron noted that in addition, the potential for granting • side setback variances was not specifically included in the legal notices for either hearing, and as a result, the adjoining neighbor to the immediate west who is potentially affected may not be aware of the 25 -foot setback recommendation. Page 5 of 17