11-21-2016 Planning Commission Packet

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Item#2 Date Application Received: 10/7/16 West Date Application Considered as Complete: 10/7/16 60-Day Review Period Expires: 12/6/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator '�ESHO� From: Mike Gaffron, Senior Planner Date: November 15, 2016 Subject: #16-3877, George Stickney o/b/o Mooney Lake Preserve Lots 1-7, Block 1 -Average Setback Variances -Public Hearing Application Summary: The applicant on behalf of the owners of the seven lakeshore lots abutting Mooney Lake requests a variance to exempt the properties from the average lakeshore setback regulations. Staff Recommendation: Staff is recommending approval of the variances, subject to a number of specific conditions which will provide the necessary level of lake view protection while eliminating the issues caused by timing of construction on individual lots. Zoning District: RR-1B, One Family Rural Residential,2 acre/200' min. width Lot Area/Width: Varies; each lot meets the 2 acre/200' width standard List of Exhibits Exhibit A. Application& Submitted Sketches Exhibit B. Record Plat Drawing Exhibit C. Survey Depicting Building Sites Approved with Final Plat Exhibit D. Staff Sketches: Examples 1 thru 7 Depicting Average Setback Scenarios Exhibit E. Practical Difficulties Statement Exhibit F. Plat Map Exhibit G. Property Owners List Exhibit H. Photos Background During the original subdivision application review for Mooney Lake Preserve, possible house pads,and in some cases expected house locations,were depicted in order to show that each proposed lot had a suitable conforming building site. On some lots the depicted locations were the only feasible location for a home based on topography,tree preservation, wetlands, stormwater ponding, septic sites, driveway locations, or a combination of these site factors. The plat was approved without a reference to the potential impacts of the Average Lakeshore Setback ("ALS") ordinance, which is predicated on the relationships of home locations on the immediately adjacent lots. Orono does not process very many subdivisions of lakeshore property (only 4 or 5 in the past 15 years), and the issue of possible average lakeshore setback limitations did not surface during the Mooney Lake review. However, it was brought to our attention by a local builder looking at one of these lots that depending on which lot was built on first, the average setback rule could force a variance situation.