HomeMy WebLinkAbout07-18-2022 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,July 18,2022
6:00 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Mark McCutcheon,Commissioners Dennis Libby,Jon Ressler,Bob Erickson, Scott Kirchner,and
Alternate Dave Peterson. Commissioners Matt Gettman and Chris Bollis were absent. Representing Staff
were City Planner Melanie Curtis and City Planner Laura Oakden.
Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Libby moved,Ressler seconded,to approve the Agenda.VOTE: Ayes 6,Nays 0.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JUNE 21,2022
Ressler moved,Peterson seconded,to approve the minutes of the Orono Planning Commission
meeting of June 21,2022.VOTE: Ayes 6,Nays 0.
PUBLIC HEARINGS
1. LA22-000034 CONCEPT LANDSCAPING, 1350 REST POINT CIRCLE REQUESTS
VARIANCE FOR LAKEYARD SETBACKS TO REPLACE FAILING RETAINING
WALLS AND THE LAKE ACCESS STAIR SYSTEM. (STAFF: MELANIE CURTIS)
Jared Smith, Concept Landscaping,was present.
City Planner Curtis gave a presentation on the item, stating the subject property has an existing,aging
timber wall and stair system that is exhibiting signs of failure.The existing walls are tiered and support
the hillside to the lake. The configuration of the walls allows for some lake access stairs and deck
platforms. The bottom wall is located approximately 6 feet from the OHW(Ordinary High Water Line)
and the repair will be located one foot in front of the wall creating an estimated 5 foot setback from the
lake. In addition to the size of the block being used,there will be a batter which will further increase the
footprint of the walls. The Applicant has provided an engineer design for the wall construction and plan to
reconstruct all in-kind with the exception of the expansion due to the change in material.The Applicant
has identified the failing retaining wall and protection of the hillside as practical difficulties supporting
the requested variance.Additionally,they have provided supporting documentation regarding Practical
Difficulties and should be asked for additional testimony regarding the application.Regarding practical
difficulty, Staff finds the existing conditions of the retaining walls and the hillside are practical difficulties
which support the variance request.The new retaining walls would support and protect the slope. Staff
has not received any public comment on the application and recommends approval of the lake setback
variance for the improvements as proposed and suggests additional screening of the walls to preserve the
natural vegetative view from the lake where feasible.
Jared Smith, 8994 Zanzibar Lane,Maple Grove,represents Concept Landscaping and is present to answer
questions.
Chair McCutcheon asked if the same material will be used.
Page 1 of 5
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,July 18,2022
6:00 o'clock p.m.
Mr. Smith replied the initial wall was timber and it is being replaced by a modular block wall.
Chair McCutcheon opened the public hearing at 6:06 p.m.There were no public comments.
Chair McCutcheon closed the public hearing at 6:06 p.m.
The Commissioners discussed the item.
Ressler noted they have seen these before and it is important to get control of this before it becomes a
problem as it is very difficult to rebuild in that area after damage has been done. He is in support of the
application as proposed.
Ressler moved,Peterson seconded,to approve LA22-000034, 1350 Rest Point Circle Requests
Variance as applied.VOTE: Ayes: 6,Nays 0.
2. LA22-000035 ALEXANDER DESIGN GROUP,2659 CASCO POINT ROAD,REQUESTS
VARIANCES FOR HARDCOVER,LOT AREA AND LOT WIDTH IN CONJUNCTION
WITH REDEVELOPMENT OF THE PROPERTY. (STAFF: MELANIE CURTIS)
Kristy Raasch,Alexander Design Group,and Atrion Faiola.Applicant,were present.
City Planner Curtis gave a presentation on the item and asked if the Commissioners received her email
that afternoon with revised plans to the application.The Applicant has provided revised plans in response
to the Staff recommendation of denial within the report.They are requesting variances in order to
construct a new home on a property with substandard area and width.According to the revised plans they
continue to request a hardcover variance to permit 29.2%hardcover where 25%is permitted; 32.1%
currently exists and the original request reflect 30.8%hardcover.The revised plan reflects a 214 square
foot reduction,they have eliminated the requested structural coverage variance and now show 20%
conforming structural coverage. The boat house or shed down by the lake is existing and is planned to be
rebuilt in-kind. The Applicant has stated that the size and width of the property provide challenges for
development. The nonconforming lot size limits the amount of building footprint and hardcover from that
of a conforming sized lot.They have provided supporting documentation and should be asked for
additional testimony regarding the application. In this neighborhood, Staff finds practical difficulties
inherent to the size and shape of the lot affecting the property which justifies the variances allowing
redevelopment. However,the proposed structural coverage level,hardcover level,and deck stair
encroachment into the side setback are not supported by practical difficulties.The plans have been
modified to reduce building coverage and resulting hardcover,and the side setback for the deck stair has
been eliminated.The Applicant submitted a neighborhood letter with signatures from neighbors; one
neighbor comment was received via email and distributed today and should be included in the public
record. Staff finds the lot area and width variances are supported by practical difficulty and Staff supports
granting those variances. Staff would additionally support some level of hardcover variance for the
redevelopment.Planning Commission should determine if revised hardcover level is supported by
practical difficulty.
Ms. Raasch stated with the lot being substandard they found it very difficult to get to the 25%and
because the lot has an existing boat house it is also adding to the structural coverage and hardcover. She
noted they are trying to improve the parking with a side-load garage and driveway which will allow more
parking on their driveway and less on Casco Point Road.
Page 2 of 5
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,July 18,2022
6:00 o'clock p.m.
Chair McCutcheon opened the public hearing at 6:18 p.m.There were no public comments.
Chair McCutcheon closed the public hearing at 6:18 p.m.
The Commissioners discussed the item.
Libby asked if the shed will be purely storage which is why they are looking at like-kind.
Ms. Raasch replied in the affirmative.
Chair McCutcheon noted it is an improvement and he would like to hear the Commissioners' opinion on
whether they are okay with the hardcover.
Kirchner's first thought is that it is an improvement,however this is a completely new structure and these
moments offer the opportunity to make it right and make it conforming to the hardcover. That is his
struggle and he is hung up on the hardcover variance,noting one can still build there it is just a matter of
size and hardcover.
Ressler is in support of this because 60 foot wide lots do not allow accommodation for structure in
general,although this is a deeper lot which gives some relief in the calculations.He noted they are
meeting lakeshore and north/south setbacks.In looking at the design as proposed he does not know if
there is a way to redesign without making more of a nuisance for the neighbors with parking spilling out
onto the street.He is in support of the application and feels practical difficulty is met because of the lot
width and mitigating circumstances, improvement to existing hardcover,and meeting the setbacks of
basically everything else.
Chair McCutcheon agrees. If it was a lot of massing it would be different but it is subtle,the garage is
basically attached to the house. He thinks it is a better layout,they are reducing hardcover,and it is safer
for the community and Applicant.He noted on that small of a lot,the Applicant does not have a lot of
options. Having the support of the neighbors also helps him with this application.
Erickson appreciates the effort they are making and that it is a narrow lot.However hardcover is still an
issue. In the past the Planning Commission was always quite strict if one has a small lot,then they build a
small house. Since that time they have seen people wanting a larger house on a small lot and then they see
variances with a number of variances already being approved.
Peterson was opposed to the application until the latest publication.He thinks this is good faith of the
builder and homeowner and would be in favor.
Ressler moved,Libby seconded,to approve LA22-000035,2659 Casco Point Road,as amended per
the application received today,July 18,2022. VOTE: Ayes: 4,Nays 2 (Kirchner,Erickson).
3. LA22-000038 DENNIS WALSH, 1354 REST POINT CIRCLE,REQUESTS VARIANCE
FOR LAKEYARD SETBACKS TO REPLACE FAILING RETAINING WALLS AND
THE LAKE ACCESS STAIR SYSTEM.(STAFF: LAURA OAKDEN)
Denny Walsh,Applicant,was present.
Page 3 of 5
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,July 18,2022
6:00 o'clock p.m.
City Planner Oakden gave a presentation on the item,noting the Applicant has requested a variance to
construct a new retaining wall with a minor footprint expansion within the lakeyard setback.The property
has an existing timber retaining wall which has been deemed as failing.Pursuant to City Code 78-
1726(6),an emergency slope repair request was approved at the City Council on June 27,2022 as the
Applicant and an engineer showed that failure of the wall was an imminent threat to the slope. The
Applicant has proposed to construct a new retaining wall directly in front of the existing retaining wall
which is one foot wide and directionally bore anchors through the existing wall to hold it in place.The
existing wall will stay in place with a new wall built directly in front of it.The repair creates a new
footprint expansion within the 75 foot lakeyard.The engineer provided drawings and an analysis stating a
slope failure is imminent without this proposed project. The Applicant was issued a building permit on
July 7 and the project is shown to cross the property boundary onto 1366 Rest Point Circle;the owners of
1366 Rest Point Circle provided an email stating approval for the work that crosses the property
boundary. Staff finds the existing condition of the retaining wall,the hill,and the slope with imminent
failure are practical difficulties which support this variance request. Staff would like to hear comment on
screening of those walls to protect the natural vegetative view if possible.
Denny Walsh, 1354 Rest Point Circle,noted the retaining wall is 6-7 feet tall and 12 feet wide that is 40-
50 year old timbers that are failing. The hill has shifted so the wall looks"pregnant"and they cannot take
it down or the hill will fall down. Therefore they must build a wall in front of the wall infilled with sand,
rock, and anchors to keep the hill intact.
Chair McCutcheon opened the public hearing at 6:39 p.m. There were no public comments.
Chair McCutcheon closed the public hearing at 6:39 p.m.
The Commissioners discussed the item.
Libby noted he is not a structural engineer but is very familiar with this methodology of reinforcing walls.
He has had clients with similar circumstances on Eagle Bluff and this method is very practical and
minimizes the movement or potential encroachment into the lakeshore. He is in favor of this application.
Kirchner is also in favor,noting one is allowed to maintain a wall that is existing an in place. He thinks it
is incumbent for the Commissioners to note that 40 years later engineering and technology has evolved
and changed and this is,in a way,maintenance of the wall that is there.He does not think it is egregious
in any way.
Chair McCutcheon agrees,with the wall bowing already it needs to be done and this seems to be a
conservative approach.
Ressler noted once the lakeshore is gone one cannot put it back. It is best to get ahead of it.He is in
support of the application.
Libby moved,Erickson seconded,to approve LA22-000038, 1354 Rest Point Circle Variance.
VOTE: Ayes: 6,Nays 0.
OTHER BUSINESS—Update on July 11,2022 City Council Meeting
Page 4 of 5
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,July 18,2022
6:00 o'clock p.m.
Ms. Oakden updated the Planning Commissioners on the lot width variance on North Shore Drive
(approved), CUP on Fox Street(approved), Watertown Sketch Plan that was not supported by the City
Council, and a Fox Street detached garage height variance which the Council gave direction for a denial
resolution.They discussed going to the Code Review Committee to look at City Code regarding rural
detached accessory buildings and height limits.
ADJOURNMENT
Kirchner moved,Libby seconded,to adjourn the Planning Commission Meeting. VOTE: Ayes 6,
Nays 0.
The Orono Planning Commission meeting adjourned at 6:45 p.m.
ATTEST:
Mark McCutche , Chair
Page 5 of 5