04-21-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 17, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 26 ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Denise Leskinen, Commissioners Kevin Landgraver, Bruce Lemke, Loren Schoenzeit, and Alternate Janice Berg. Representing Staff were Assistant City Administrator of Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, and Recorder Jackie Young. City Council Member Lizz Levang was present. Commissioner Jon Schwingler arrived at 6:33 p.m. Chair Leskinen called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Schoenzeit moved, Lemke seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. *1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 18, 2014 Schoenzeit moved, Lemke seconded, to approve the minutes of the Orono Planning Commission meeting of February 18, 2014, as submitted. VOTE: Ayes 5, Nays 0. NEW BUSINESS 2. #14-3655 BRIAN BUTTERFIELD ON BEHALF OF JOE AND DONELLE FELDMANN, 805 FOREST ARMS LANE, VARIANCE, 6:33 P.M. – 6:43 P.M. Brian Butterfield, Applicant, was present. Curtis stated the applicant is requesting an average lakeshore setback variance for an in-ground pool with retaining walls. A variance from the wetland buffer setback is also requested. The applicants have applied for a building permit to construct a 20’ x 40’ in-ground pool on the lake side of their property ahead of the average lakeshore setback line and within the now required 10-foot setback from the edge of the established buffer. One proposed retaining wall encroaches into the 50-foot established buffer as a quasi-in-kind replacement of an existing wall. In 2011, the home on the property was reconstructed with an addition. The construction of the home triggered the establishment of a 50-foot wetland buffer. At the time the City required a 20-foot setback from the buffer for any structure. In 2013, the City’s wetland regulations were amended to eliminate the City buffer requirement and establish minimum setbacks from delineated wetlands and established wetland buffers. The new wetland setback regulations require a 35-foot setback from the edge of a delineated wetland or a 10-foot setback from the edge of an established buffer, whichever is greater. All structure and hardcover must meet this setback requirement. Curtis noted there is no adjacent home on the north so the average lakeshore setback line is determined by the distance between the lake and the adjacent home to the south. The neighboring home at 815 Forest Arms Lane is set back 176 feet from the lake. The proposed pool, pool deck and walls will be constructed entirely ahead of the average lakeshore setback line. The proposed pool and pool deck are located outside of the required 10-foot buffer setback and the walls will extend into the setback and partially into the 50- Item #01 - PC Agenda - 04/21/2014 Approval of Planning Commission Minutes 03/17/2014 [Page 1 of 26]