06/18/2012 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2012 6:30 o'clock p.m. Walsh noted Tier 1 and Tier 2 properties get regulated 250-500 feet back and that he does not feel it would be unrealistic to impose a hardcover limit on people who have land further back than that. Walsh commented the City may be opening up Pandora's Box if they do not limit hardcover in that area. � Gozola stated that would be a logical approach and that he would recommend they use the 30 percent mark as is proposed for Tier 2 properties. Acting Chair Leskinen opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Acting Chair Leskinen closed the public hearing at 7:08 p.m. Landgraver commented that a considerable amount of work has gone into this process and has resulted in a good ordinance. Landgraver stated he would like to see this ordinance move forward to the City Council with the one change discussed tonight. Walsh moved,Levang seconded,to recommend approval of Application#10-3491,City of Orono, Zoning Code Amendments-Hardcover,an Ordinance Amending Regulations Governing the Regulation of Hardcover and Esta6lishing the Stormwater Quality Overlay District with the exception that Section 78-1700,No. 1B,be revised to require a 30 percent maximum hardcover on the unregulated area,and to recommend that the City Council take under advisement the play . set/sand box issue at some point in the future. VOTE: Ayes 6,Nays 0. NEW BUSINESS � 3. #12-3555 KATI�RINE FOX TRUST, 1095 FERNDALE ROAD WEST,VARIANCES AND CONDITIONAL USE PERMIT,7:10 P.M.-7:24 P.M. David Fox,Applicant,was present. Gaffron stated the applicant is requesting approval of variances and a conditional use permit originally granted via Resolution No. 5872 on October 29,2009,and renewed via Resolution No. 6038 on Apri125, 2011. The original approvals and extension have expired and the applicant is requesting that the identical approvals be re-granted per the terms of the prior approvals. The approvals granted in 2009 include: 1. A variance to allow construction of a new residence on a lot 1.27 acres in area and that has 176 feet in width at the OHWL and 174 feet in width at the 75-foot setback from the OHWL where � 2.0 acres and 200 feet of width is normally required; 2. A variance to allow construction of a new residence with portions of the home ahead of the average lakeshore setback,to be located 40.9 feet from the OHWL of Lake Minnetonka where a 75-foot setback is normally required; . 3. Variances to allow 16.2 percent hardcover within the 0-75 foot setback from the lake where Page 7