04-17-2017 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 20,2017 6:30 o'clock p.m. Comments from the neighbors have been received and are before the Planning Commission this evening. A comment from the applicant's engineer was also received and should be read into the record. Planning Staff recommends denial of lot width variances facilitating an adjustment of the property line. If the Planning Commission can support the variance from the lot width LR-1B standards, Staff prefers Option 1 regarding the site setback variance for the existing home. The applicant is encouraged to explore alternatives which result in two lots with conforming area and width prior to placement on the City Council agenda. Thiesse requested City Planner Curtis read the letter from Mark Gronberg into the record. Curtis read the following letter into the record: "Bruce, I was very surprised to see the City of Orono interpretation that the lot width at the 75-foot lakeshore setback should be measured at the inside of the chord rather than the outside of the chord as we have shown on our survey drawing. We have been showing it this way for many years on other projects in Orono and in other adjoining cities as well and have never been questioned on our interpretation. The purpose of a lot width measurement is to show that you have enough room to build a house on the lot. You would certainly not be allowed to build the house at the inside chord line because you would be way too close to the lake. Taking the measurement at the outside of the chord gives a more correct representation of where you can build." Curtis noted on the back of the letter Staff included the definition of lot width for the Planning Commission's reference. Thiesse asked if it should not be measured from where the house can be built. Gaffron noted the lot width definition reads: "For lots which abut a lake or tributary,at the shoreline measured in a straight line between the points at which the side lines intersect the OHWL." Thiesse concurred that that is what the definition says. Gaffron stated it further reads,"and at the required structure setback from the OHWL,measured in a straight line between the points of intersection of the side lot lines with the structure setback line." Gaffron stated the code says to measure it in a straight line but Mr. Gronberg is suggesting to measure it in a line that hits the outside of the curve in a straight line. Thiesse commented that makes a lot of sense since that is where the house can be built. Gaffron stated it does and that the City looks at it that way in the past for non-lakeshore lots where there is a cul-de-sac. Gaffron stated very rarely does the City see a lakeshore subdivision,and in this case the code is very specific on how it should be measured. Gaffron stated he does not disagree with Mr. Gronberg's logic that the lot width should be measured from where the house is to be built,but that the code does not read that way. Gaffron stated one of the questions he would ask is if it is measured at 125 in a straight line between those two points and if that same straight line is drawn between two different points,whether it would be more than 125 feet. Page 18 of 43