07-15-2013 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 17, 2013 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 9 Leskinen asked if the Planning Commission should discuss the individual line items of the conditional use permit criteria as noted in the Staff report. Curtis suggested that if the Commissioners have a question or concern regarding any of the specific criteria then discussion would be appropriate and stated that Staff’s report will be part of the official conditional use permit review record. Krogness stated it would be an improvement. Leskinen commented the area does need some work and that removal of the railroad ties would help improve the appearance. Landgraver moved, Krogness seconded, to recommend approval of Application #13-3604, Eskuche Associates on behalf of Neil and Barbara Goodwin, 2975 Casco Point Road, granting of a conditional use permit for the work within the 0-75 foot zone, and the granting of an average lakeshore setback variance as proposed, subject to the project complying with the City’s 25 percent hardcover regulation and 15 percent structural coverage limit, and subject to the applicant and the City Engineer resolving the drainage issues in this area. VOTE: Ayes 5, Nays 0. 3. #13-3610 CITY OF ORONO, AMEND CITY CODE SECTION LOTS OF RECORD 78- 72, 7:10 P.M. – 7:18 P.M. Gaffron stated in March of 2012, the City Council adopted Ordinance 92, Third Series, which in part amended Zoning Code Section 78-72 to bring it into compliance with Minnesota Statutes regarding nonconforming Lots of Record in the shoreland. Gaffron stated in October of 2012, the City Council adopted Ordinance 95, Third Series, which removed the 80 percent lot width and lot area standard for existing nonconforming record lots in zones of one-acre or less. The majority of such properties are in the Shoreland Overlay District and subject to state statutes regarding lots of Records and DNR Shoreland standards, which override the local zoning for nonconforming record lots. He noted that the ensuing months of administering the ordinance, Staff has concluded that a minor wording change is necessary to ensure clarity. Section 78-72 has three subheadings. Subhead (a) is simply the definition of “record lot.” Subhead (b) is the carryover “nonconforming lots of record” section that originally applied city-wide prior to the 2012 amendments. Subhead (c) establishes the new standards adopted in 2012 that apply only to nonconforming lots of record in the Shoreland Overlay District. Gaffron stated with the ordinance as currently worded, someone could incorrectly conclude that both subhead (b) and subhead (c) apply to shoreland properties. This potentially creates confusion because the standards under each subhead are not identical with regard to the new hardcover regulations adopted in 2012. Subhead (b) suggests that with regard to hardcover, any nonconforming record lot must merely meet the code requirements of the underlying zoning district, which includes the variable hardcover limits established by the tier system; i.e., ranging from 25 percent to 35 percent for individual residential lots. However, a nonconforming record lot in the Shoreland that is subject to subhead (c) is limited to 25 percent hardcover regardless of its tier status. Item #01 - PC Agenda - 07/15/2013 Approval of Planning Commission Minutes 06/17/13 [Page 7 of 9]