09-21-2009 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 17,2009 6:30 o'clock p.m. (3. #09-3411 DA VID FOX ON BEHALF OF BILL FOX TR USTEE, 1095 FERNDALE ROAD, VARIANCE AND CONDITIONAL USE PERMIT, 6:58 P.M.— 7:42 P.M, Continued) Since the area to be filled is within the floodplain,MCWD regulations require the floodplain be expanded elsewhere so there is no decrease in total flood capacity. Since the earthwork will take place within the 0- 75 foot zone and exceeds 10 cubic yards a conditional use permit is required. The Planning Commission should discuss the peripheral impacts and potential opportunities as a result of the floodplain mitigation on the property. Planning Staff recommends approval of the conditional use permit subject to the MCWD's requirements for the floodplain mitigation and the City Engineer's recommendations. Planning Staff recommends approval of the variances subject to: 1. To reduce the visible impact of the house, especially as viewed from the lake,the house siding, trim and shingles being dark colors. 2. Reduction of the proposed lakeside patio as the Planning Commission deems appropriate. 3. Provision of mitigation measures including: a.native buffer areas to be incorporated where appropriate;b.patio to be constructed using pervious pavers. Schmidt noted this is a difficult site to work with given the wetlands and finding an appropriate location for the house given the other requirements of the City. They have attempted to locate the house in an effort to meet as many of the requirements of the City as possible and limit the amount of wetland mitigation that would be necessary. The reason for the hardcover variance is that they have included some hardcover in the 0-75 foot zone. The property overall meets the 25 percent hardcover limitation. Chair Kempf opened the public hearing at 7:06 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 7:06 p.m. Kempf stated he did visit the property and commended the property owner on their driveway,which consists of approximately two strips of gravel 16 inches wide with grass in between. Kempf noted he does have a concern regarding the views for the property to the west. Given the location of the residences on Lake Minnetonka, this property has grand views to the east of the lake but the property to the west has its views largely out across a small bay and because of that,he has more of a sensitivity regarding the views of that property. Curtis illustrated the proposed views of the two properties on the overhead. Kempf stated he would like to see, as it relates to the average lakeshore setback,if the protruding corner of the house could be pushed back somehow. Kempf stated he would like to see if that corner of the house to the north pushed back if it could without encroaching into the floodplain. Curtis noted that is the mitigated floodplain. PAGE 6