07-21-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 16, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 10 of 18 Gaffron stated there needs to be the correct sequence but that what the Planning Commission is motioning tonight is to have the City Council authorize the Planning Commission to look at studying the creation of a B-2 subdistrict. Gaffron stated if the City Council does not authorize the Planning Commission to proceed forward with studying the creation of a B-2 subdistrict, the Planning Commission would need to vote on whether the property should be zoned to a straight B-2 district. VOTE: Ayes 5, Nays 0. Gaffron noted this application will be on the City Council’s agenda for June 23. 3. #14-3672 REVOLUTION DESIGN AND BUILD ON BEHALF OF KELLY AND MELODEE MARX, 3135 NORTH SHORE DRIVE, VARIANCE, 7:35 P.M. – 7:47 P.M. Sid Levin, Applicant, was present. Curtis stated the applicant is requesting a lake setback variance in order to construct a second-story addition over a portion of the existing home and an attic area above the garage within 75 feet of Lake Minnetonka due to the lagoon. The home is located approximately 50 feet from the lagoon and is considered a legal nonconforming structure with respect to the lake setback. The home was constructed in 1973, prior to establishment of the City’s current zoning code requirement for a 75-foot structural setback from the lake. Over the years modifications have been made to the property through variances and other city approvals. A screen porch is also proposed to be constructed under the existing above-grade deck. The addition of the screen porch is not considered an expansion of a non-conformity as the deck is currently considered an above-grade structure. The increased mass of the addition will be screened by the existing vegetation along North Shore Drive and will be relatively hidden from views from neighboring properties due to the existing vegetation and orientation of the neighboring homes. Curtis stated the proposed project will result in additional massing within allowed levels but the applicant is not proposing to increase the structural coverage level. The overall hardcover level for the property is conforming at 19.3 percent. However, approximately 3,000 square feet of structural hardcover exists within 75 feet of the lake. The applicant is not proposing an increase in hardcover. Staff finds that the 75-foot lake setback variance to allow construction of the addition appears to be reasonable and consistent with similar residential properties in the area. The existing orientation of the adjacent and subject homes as well as vegetation on the property should serve to address or mitigate any negative visual impacts. The additions appear to be reasonable and consistent with similar residential properties in the area. The proposed additions are conforming with respect to structural coverage, overall hardcover and massing regulations. The creation of the additional square footage within the home’s existing footprint will not be a detriment to neighboring properties, nor will the addition impact the light, air and open space of the location. The existing home’s proximity to the lagoon and the orientation of the home serve as a practical difficulty to constructing a conforming living space addition. Planning Staff recommends approval of the setback variance to permit construction of a second story over a portion of the existing home and attic over the garage within 75 feet of the OHWL. The Planning Item #03 - PC Agenda - 07/21/2014 Approval of Planning Commission Minutes 06/16/14 [Page 10 of 18]