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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. _____________________________________________________________________________________ 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.