07-11-2016 Council Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION DATE: July 11, 2016 ITEM NO: 7a Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Title Community Development Director Item Description: 16-3832, City of Orono, Variances Application Summary The variances, if approved, would allow the placement of wire fencing closer than 150 feet from Lake Classen and closer than 35 feet from wetlands on the east side. The fencing is necessary for an off-leash pet area planned for Lurton Park. The Council originally reviewed this application during their meeting on May 23rd, where public comment was received. The Council elected not to waive the Planning Commission review, so in addition to the public hearing on May 23rd, the Planning Commission reviewed the application at their meeting on June 20th and held a public hearing. Since the original city Council meeting, and again after the Planning Commission, the Park Commission has altered the plan from the original plan. The planned fence is now at least 35 feet from the wetland in the NW corner of the property, the fence is greater than 35 feet from the north property line to maintain wildlife routes, and the fence is beyond the wetland setback on the east side. These adjustments have reduced the overall off leash area from 14 acres to 9.92 acres. Variances are necessary because the fence as proposed is closer than 150 feet from Lake Classen on the east side, and a portion of the fence encroaches into wetland buffer on the extreme east side of the lot. The Planning Commission staff report and exhibits dated June 20, 2016 more completely describe the project and are incorporated by reference. The staff report is attached as Exhibit D. Public Comment Staff has received written opposition to the application, primarily from neighbors to the north. These concerns were more generally directed at the off leash pet designation, rather than the setback variances. Planning Commission Recommendation After the public hearing on June 20th, the Planning Commission did not support the variances, recommending denial 5-0. Commissioners struggled with the practical difficulty aspect of the variance, and some felt the off leash park could be accomplished without the variance.