HomeMy WebLinkAboutLA19-000095 2927 Casco Pt Rd VAR Ex D Draft PC MinutesMINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 18, 2019
6:30 o’clock p.m.
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10. LA19-000095 JOHN QUINLIVAN, 2927 CASCO POINT ROAD, VARIANCES,
9:45 P.M. - 9:54 P.M.
John Quinlivan, Gordon James Construction, was present.
Oakden stated the applicant is requesting a lot width and an average lakeshore setback variance and an
IUP for hauling over 500 cubic yards of material. The applicant is proposing to construct a new home
forward of the average lakeshore setback on a substandard narrow lot. The average lakeshore setback is
unique for this property due to the neighboring lot to the north. The home on that lot is set back from the
lake over 200 feet. This distance creates an average lakeshore setback line that cuts through the subject
property parcel at a rather sharp angle. There are two neighboring properties that are set roughly 150 feet
back from the ordinary high water. The applicant is proposing to build the home roughly 151 feet from
the ordinary high water. The existing home today sits 138 feet from the lake, so the proposed home would
roughly move the house back about 10 feet from the lake, which would be closer to conforming.
Ressler stated it would be improving the condition.
Oakden agreed that it would be improving the condition and said the applicant is also requesting an IUP
for hauling roughly 600 cubic yards of material to and from the site during construction. Staff finds, due
to the nature of the lot and the applied setbacks, there are practical difficulties supporting granting the lot
width variance, average lakeshore setback variance, and IUP for construction of a new home. No public
comment has been received on the application and Staff recommends approval.
Mr. John Quinlivan, Gordon James Construction, 5159 Main Street, Maple Plain, said he got a letter from
the adjacent property owner to the south and the property owner to the north sent an email. If the
Commissioners had a wider look at the property, it shows there's approximately 12 properties all at the
same distance. There's one property that is set back. The house that is set back is coming down. They
have talked to the City about condemning the house because it is in terrible shape. They’re conforming to
side yard setbacks; they're conforming to the rear yard. If the house next door was down, the
measurement they used for this variance is exactly the measurement they would use for the lakeshore
setback.
Thiesse asked if Staff would confirm that the house is in bad shape and may be coming down shortly.
Oakden stated she did not believe it would be from activities from the City. She believes John has been
working with the homeowner.
Mr. Quinlivan said they reached out to the City, so the water has been cut off to the house.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 18, 2019
6:30 o’clock p.m.
_____________________________________________________________________________________
Thiesse clarified that it's the neighbor’s house that's set back and asked if the applicant was in control of
it.
Mr. Quinlivan indicated that was right and Terry Peterson, Brainerd, is in control of it. It was noted the
Commission had a letter from him.
Mr. Quinlivan said Terry Peterson owns the adjacent property to the north that is set back. Almost every
property in the area is at roughly 150 feet. That particular property is set back farther. It's old, it's
dilapidated. His son lived there for a while. He moved his son out and had the City shut the water off to
the property. He noted the letter is a support letter.
Gettman asked if there was a buyer already for the proposed building.
Mr. Quinlivan answered that his customer is present. He does not own either piece. He is supporting Mr.
and Mrs. Adams, who bought the property.
Gettman stated he does not see any deck or anything else and asked if the applicant contemplated any
additions to it.
Mr. Quinlivan answered the house was coming down and it will be a new build. It will have a patio but
there won't be a deck.
Chair Ressler opened the public hearing at 9:51 p.m.
Penny Saiki, 2874 Casco Point Road, asked where the fill is going, where the fill is being removed, or
what is with the application for the fill.
Mr. Quinlivan stated most of the time it is taken off-site for other projects that need fill.
Ms. Saiki asked whether it was removal for the foundation.
Mr. Quinlivan said it was the removal of the dirt.
Thiesse asked if the removal of earth was mainly foundation excavation or if he was grading a bunch.
Mr. Quinlivan said it's a pretty small footprint today. They are taking the garage and stuff back. That's
what was determined they would be removing. The driveway today is on the property line. Visually when
he is out there, it looks like it is over the property line.
Oakden stated it is over the property line.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 18, 2019
6:30 o’clock p.m.
_____________________________________________________________________________________
Mr. Quinlivan said the new owner wants to move that driveway back into conformity. They will be
moving some dirt around there to bring the driveway to conformity. He thinks hardcover is coming down
quite a bit over what is there because there's a lot of asphalt and a detached garage today. The homeowner
that owns the house that's in the back is who wrote the letter of support.
Chair Ressler closed the public hearing at 9:53 p.m.
Ressler said he appreciates the improvement of the condition that the Commission is dealing with, which
is generally what the Commission is after when they're entertaining a variance. He suggested, if the
Commission recommends approval, to get a more firmly written letter by the neighbor that says that his
intention is to tear down that structure. Not considering that, knowing the layout of the entire
neighborhood, that is the only reason why this is becoming a lakeshore setback, is the neighboring
property. It's not outside of the norm for the neighborhood and it also is improving that setback from what
it is today. He is in support of it based on that.
Bollis moved, Gettman seconded, to approve Application LA19-000095, John Quinlivan, 2927
Casco Point Road, Variances. VOTE: Ayes 7, Nays 0.