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 4 of 26 3. #14-3656 BRIAN NELSON ON BEHALF OF THOMAS RANDGAARD, 2765 SHADYWOOD ROAD, AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT, 6:43 P.M. – 7:23 P.M. Brian Nelson, Applicant, was present. Curtis stated the property owner was notified by the City last March that construction and/or earthwork within 75 feet of the lake requires a permit from the City. The letter was sent to the property owner as a courtesy in response to the City receiving notification of a Minnehaha Creek Watershed issued permit for rip-rap work. Also in March of 2013, the property owner received a permit from the City to remove a legally non-conforming porch from the south side of the home within 75 feet of the lake. In February of 2014, the applicant met with Planning Staff to discuss City requirements and the various aspects of the project that were already underway. Those projects include constructing two south facing elevated patios to replace an existing deck on the east and an existing porch with an on-grade patio on the west side of the property, both of which have been removed; re-paving the existing sidewalk with paver stones; and installing two rain gardens on the north side of the property. The property owner also received a cost-share grant from the MCWD to install shoreline buffer vegetation on the northern shoreline. The creation of the rain gardens and installation of the elevated patios result in filling and grading within 75 feet of the lake, which requires a conditional use permit. The sidewalk and the patios are not exact in- kind footprint replacements according to Staff’s observations. In order to reorient or relocate non- conforming hardcover existing within 75 feet of the OHWL, a hardcover variance is required. The applicant is requesting after-the-fact conditional use permit approvals for land alteration in excess of ten cubic yards conducted within 75 feet of the OHWL to install rain gardens and elevated patios. An after-the-fact hardcover variance is also requested in order to approve the rearrangement of sidewalk hardcover as well as two elevated patios which were constructed in place of an existing porch that has been removed and an existing deck within 75 feet of the OHWL where structure or hardcover is normally not allowed. Because lake exists on both the north and the south sides of the property, the majority of the subject property is unbuildable as it is located within 75 feet of the OHWL. Lakeshore on two sides of a property as shallow as this one creates a practical difficulty. As a result, both proposed patios are located within 75 feet of the lake. The applicant has indicated that both patios are to be constructed in the same footprint as the pre-existing deck and porch. Hardcover within 75 feet of the lake is limited to driveways, stairs, lifts, landings and lockboxes. The applicant intends to replace non-conforming hardcover without increasing the square footage within the 75-foot setback. City Code requires that landowners must obtain a conditional use permit from the City prior to engaging in activities that include fill to elevate or alter the existing natural grade. Of the conditions required to be met, Items 2, 6, 7, 9, and 13 are generally applicable. Staff went through the analysis in the Staff report and Staff can discuss that if the Planning Commission wishes. According to State Statute, an existing non-conforming structure may be reconstructed in-kind provided the permit or request to do so is submitted within one year of removal. The property owner removed the porch in March of 2013 and the land use application was submitted on February 19, 2014, less than one Item #01 - PC Agenda - 04/21/2014 Approval of Planning Commission Minutes 03/17/2014 [Page 4 of 26]