03-21-2016 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. The location of the applicants' existing residence is conforming to the zoning standards of the RR-1 B Rural Residential District. However, the Shoreland Overlay District regulations regarding average lakeshore setback are impossible to meet for constructing an addition to the applicants' home. The adjacent residence structure on the lakeshore lot to the immediate south is located less than 15 feet from the Brown Road right-of-way where a 50-foot setback would normally be required. lf that residence was set back the minimum 150 feet from the OHWL of Dickey Lake, the applicants would not require an average setback variance. Staff believes there will be no negative visual impacts to the neighboring homes. Staff recommends approval of the average setback variance. Lemke stated the property at 2015 appears to come to a point. Lemke asked whether that is considered lakeshore. Gaffron indicated it would be considered lakeshore. Gaffron indicated the reason it becomes a lakeshore lot is because the lot continues into the lake and that the survey confirms that. Lemke asked if the lakeshare is determined by a certain elevation. Gaffron stated it is. Back in 1992, the City adopted the Shoreland Ordinance at the request of the DNR in order to establish an OHWL. This property is one that did not have that elevation so the City went through a process to define the elevation of the OHWL based on historical records and trees, etc. Gaffron noted that elevatioi7 has been established for more than 20 years and that there is no question from a legal perspective that this is a lakeshore lot. Greg Reitan, Applicant, stated the purpose of the variance is to allow them to remodel the existing house. Chair Leskinen opened the public hearing at 7:03 p.m. Tom Lane, 915 North Brown Road, stated it does not appear this addition will impact his sightlines down to the lake and that it should be an enhancement to the neighborhood. Chair Leskinen closed the public hearing at 7:04 p.m. Leskinen stated the request is completely reasonable. Leskinen noted if the Brown farm were ever rebuilt, it would need to be pushed back to meet the 50-foot street setback and that defining the lakeshore setback by a liome that is nonconforming seems unreasonable. Thiesse asked if the existing trees will be removed. Reitan indicated one maple tree will likely l�eed to be removed. Thiesse moved, Olson seconded,to recommend approval of Application No. 16-3812, Greg Reitan and Sally Neubauer, 925 Brown Road North, granting of an average lakeshore setback variance. VOTE: Aves 5, Nays 0. Page 6 of 21