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NiINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,March 19,2012 <br /> 6:30 o'clock p.m. <br /> 3. A variance to encroach into the bluff impact zone with structure or grading. A setback variance <br /> to allow the home/structure up to 25 feet from the rear property line. The proposal includes a 20- <br /> foot variance to allow a setback from the rear or street lot line of 30 feet where a 50-foot setback <br /> is normally required. <br /> The subject property was platted in 1969 as part of RLS 1275 and has remained undeveloped. A bluff <br /> area exists on the property and combined with the 50-foot rear setback requirement results in a limited <br /> legal building envelope. In order to prepare the property for sale,the applicant is requesting bluff <br /> setback,average lakeshore setback,and rear/street setback variances to create a more reasonable building <br /> pad. A variance to allow structure within the 20-foot bluff impact zone is also requested. <br /> Protection and preservation of bluff areas within Orono has been a key aspect of our Shoreland <br /> regulations since our adoption of the DNR shoreland rules in 1992. The bluff impact zone and bluff <br /> setback requirement are meant to limit potential negative impacts to the bluff and the vegetation which <br /> stabilizes the bluff from slump, erosion,and slope failure. Encroachments into the sensitive areas <br /> increase the potential for irreversible damage to occur. The applicant's potential lower garage area would <br /> � require additional grading and potentially greater impacts to the area adjacent to the home. At a <br /> minimum, staff would suggest the lower garage be eliminated from the plan. Regarding bluff areas in <br /> general, it is Staffls position that in particularly new construction situations, all bluff setbacks should be <br /> met and variances should not be granted. <br /> In order to meet the required bluff setback,the home footprint may need to be reduced and/or moved <br /> closer to the street. The proposal is for a 2,354 square foot home and garage footprint. City Code states <br /> that each developed lot shall be allowed at least 1,500 square feet of principal structure(including <br /> garage). It is possible that a combination of a greater variance to the rear setback, combined with a <br /> reduction in the proposed footprint to 1,500 square feet,would result in elimination of the bluff variances. <br /> Staff recommends approval of the average lakeshore setback variance if the Planning Commission <br /> determines the existing lake views from the home at 800 Brown Road North will not be encroached upon <br /> by a home on the subject property, and approval of a setback variance to allow the home/structure up to <br /> 25 feet from the rear property line. Staff recommends denial of the bluff setback variance and denial of <br /> the variance to encroach into the bluff impact zone with structure or grading. In addition, Staff suggests <br /> the Planning Commission consider recommending a reduction of the total footprint of the home from <br /> 2,354 square feet to a footprint closer to 1,500 square feet. <br /> Thiesse asked if the property that is being used for the average lakeshore setback has property on the lake. <br /> Curtis indicated in order for that property to be considered as it relates to the average lakeshore setback, it <br /> would need to. ' <br /> Thiesse commented that the survey does not appear to depict that. <br /> Curtis pointed out it is an L-shaped lot. <br /> Thiesse asked if the fact that it is an L-shaped lot is the only reason why it is being included in the <br /> determination of the average lakeshore setback. <br /> Page 8 <br />