07-19-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19, 1999 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners William Stoddard, Dale Lindquist, Janice Berg, and Daniel Kluth. Commissioner Jay Nygard arrived at 6:36 p.m. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Kris Jenson, Public Works Director Greg Gappa, and Recorder Jackie Young. City Council Member Barbara Peterson was present, Mayor Gabriel Jabbour was present, and Parks Commission Representative Sherokee Ilse was present. Chair Hawn called the meeting to order at 6:32 p.m. OLD BUSINESS (#1) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD -VARIANCES AND CONDITIONAL USE PERMIT Peter Boynton, Applicant, was present along with Joe Dzurik, Contractor. Weinberger stated the Applicant has appeared before the Planning Commission previously with a proposal requesting variances to height, structural coverage, and a conditional use permit for land alteration to allow for a walkout. The Applicant is proposing to remove the existing structure and build a new residence. The Applicant has submitted a revised plan placing the residence 47.59 feet from the OHWL of Lake Minnetonka. The proposed plan requires multiple variances for lot area, hardcover in the 0-250'setbacks, • lakeshore setback, rear yard setback, and a conditional use permit for land alteration in the lakeshore setback to allow for a walkout. The Applicant is proposing to excavate and remove approximately 124 cubic yards of soil. Weinberger stated this property is unique in that it is located with lakeshore on both sides of the property. However, the lot contains only one 0-75' lakeshore setback. Variances are required for lot area and lot width due to the lot not meeting the standard requirements for lot area or lot width. The proposed garage is located 21 feet from the right-of-way where 30 feet is required. The Applicant has redesigned the plan to a 30 foot structure, which brings the height of the structure into compliance. Weinberger stated that the Applicant is proposing to reduce the amount of hardcover in the 0-75'setback to 11 percent where 22 percent currently exists as well as in the 75-250'setback, reducing the hardcover in that area to 30 percent. City Staff recommends denial of the conditional use permit for land alteration within 75 feet of the lakeshore due to the significant amount of fill proposed to be removed. Staff is recommending approval of the variances to hardcover. Boynton stated that he is attempting to comply with the Planning Commission's directions with this revised plan, noting that he has reduced the size of the house, lowered the height of the proposed residence, and relocated the structure in an attempt to bring it more into compliance. Boynton expressed frustration at the length of time that the application has taken, and inquired whether there were any additional steps that needed to be taken in order for this application to be approved. • Dzurik commented that to his understanding the conditional use permit for grading within 75 feet of the lakeshore appears to be a problem but that everything else appears to be in compliance. 1