Laserfiche WebLink
,_ � <br /> NIINUTES OF THE <br /> ORONO PLANNING CONIlVIISSION MEETING <br /> Tuesday,February 21,2012 <br /> 6:30 o'clock p.m. <br /> The proposed house will be located as close as 33.1 feet from the Ferndale Road property line,which is <br /> approximately five feet closer than the existing home. The LR-lA zoning district requires a 50-foot rear <br /> or street yard setback. The proposed house is to be set back 47 feet from the lake at its closest point, <br /> which is a covered patio with deck above extending 7.1 feet fro . the home. The shoreland regulations <br /> require a 75-foot setback from the OHWL of the lake. As it is p�r�sed,f�60 foot wide portion of the <br /> home will encroach between 1 and 28 feet into the 75-foot setback: 'This u�cludes the lakeside deck. <br /> The average lakeshore setback in this case is determined'�hy t*1ie di�s£ance between the home to the west <br /> and the lake. The neighbor to the west is set back 76'��eet from the OH,� . Tbe propos�ed home on.the <br /> subject property is as close as 47 feet to the lake. <br /> Hardcover in the 0-75 foot zone is currently at 153 perce�t.�The.appl'i�cant is requesting 10,percent <br /> hardcover in this zone. The entire 1,299 square feet of hardcover propased within the 0-75 foot zone will <br /> be structural hardcover. Within the 75-250 foot zone the ap,plic° tis proposing 28 percent,with 18 <br /> percent of this amount consisting of structural hardcover. The remaining har�d'cover is driveway and <br /> walkways. A.s ���G�"'� <br /> According to the MCWD map,there aze two'`I'reserve classification wetlands present on the home site <br /> portion of the property. The portions of the�property actoss�kFerndale Road are impacted by the larger <br /> Ferndale Marsh,which is also a Preserve wetland. A=U-foot�`buffer and 2"0-foot structural setback from <br /> the buffer are required from Preserve�,�etland�s,�'The�ur�v�,ey inco�e�fly..��represents Wetland 1 as a Manage <br /> 1 wetland;therefore,the relative buffer width shown is not accurate. The wetland is.actually a Preserve <br /> wetland and requires a 15-foot bu�er. Tt,appears portion�'o'`F-the proposed garage will encroach into the <br /> required buffer setback from the�w�estem wetland. I�t�appears th�e,garage encroaches approximately 14 feet <br /> into the required buffer setbaak. Addii�i�onally, existingand:;:proposed structures and hardcover which <br /> encroach into the required bu�f er will�require mitigation of buffer area square footage as impacted. <br /> � �' � <br /> Due to the,�' mov�exishng hor�e.and to create a flattened yard area for the proposed home,the <br /> applicanY'is prop�gradingw,�ithin th`et0 75 foo�'zone which exceeds 10 cubic yards requiring a <br /> cond�tional use permifi from the Ct�y. A portir�n of�this grading is below the 931.5 foot 100-year <br /> floodplain elevation and thu,s�xequizes a permrt from the MCWD. Wherever floodplain filling is <br /> proposed�he DNR and MCWD regulations require the floodplain be expanded elsewhere so there is no <br /> �ecrease in flood storage capacity �It also appears the applicant will be conducting grading below the <br /> 31:5 foot elevation at the rear of the property. However,as this also appears to be in conflict with the <br /> ex sting drive ay access for the�neighboring property at 1185 Ferndale Road, Staff questions the ' <br /> accurac�of this r presentation� <br /> The lot was lega�l„�cre� pr�or_to�the adoption of the current zoning standards and the current home <br /> � <br /> already existed wher�the currerit standards were adopted. The size, location and other nonconforming <br /> ' circumstances are umque>to lie property not caused by the landowner. <br /> The applicant is proposing to encroach 5 feet closer to the road than the existing l�ome.However,the <br /> proposed home will correct the existing nonconforming setback from the neighboring property resulting <br /> in less crowding and more open space between homes.The new home is proposed to be set back at the <br /> same distance from the lake as the existing home. The proposed home has been designed and oriented to <br /> have minimal massing within the 75-foot area. The shape of the lot and the required setbacks from the <br /> rear/street,wetlands, and lake result in a very small buildable envelope. It is Staff s opinion the limited <br /> size of the applicant's legal buildable envelope falls under practical difficulty. � <br /> Page 6 <br />