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. Exhibit H 3. #09-3411 DAVID FOX ON BEHALF OF BILL FOX TRUSTEE, 1095 FERNDALE ROAD,VARIANCE AND CONDITIONAL USE PERMIT,6:58 P.M.—7:42 P.M. Daryl Schmidt,Builder, and David Fox,Applicant,were present. Curtis stated the applicant is proposing to construct a replacement residence and is requesting a conditional use permit in order to rearrange the floodplain on the property and the following variances: 1. Lot area. Excluding the area below the OHW of Lake 1Vlinnetonka,the lot is 1.27 acres when the zoning district requires two acres. � � . ��:;, � ��``- 2. Lot width. The property has a defined lot width of%176 feet at the_OHWL and 174 feet at the 75 foot setback. The zoning district requires,200 feet of width. - . , �4; ,;� � 3. Lakeshore setback. The applicant is proposing�oaset the house back 12 to 50 feet from the lake when the shoreland regulations require a 75-foot setback�from'the lake. �" .�: tf Y�```� �,�� ,. 4. Average lakeshore setback. Tlie proposed home is shown in location which improves the average lakeshore setback encroachment by.32 feet for the property"to the west and slightly improves the encroachment for the property to the east.�However,the liome'still encroaches up to 44 feet into the average lalceshore setback and will be taller than�the current liome. � ; ;,, �, �- `�_ `" >:' 5. Floodplain setback r The house.would be set back 2 to 64 feef from the mitigated floodplain.The �... . y: �. floodplain regulations require a 15-foot setback.'" �, <,.� w. ,�, �." ,�:. � 6. Hardcover.withm the:0-75,fo�ot zorie: ,Hardcover in the 0-75 foot zone is proposed to be 24.4 percent,reduced from 27.6�percent:In addition to�the proposed home and a 653 square foot ,�patio;�there is a stone,border�and a wooKderi.wall._along the lake which are currently proposed to �remain. This would riet a 49O square foot reduction in hardcover. � ;.. -� .., 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 floocl 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.