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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> February 21,2023 <br /> 6:00 o'clock p.m. <br /> ROLL CALL <br /> The Orono Planning Commission met on the above-mentioned date with the following members present: <br /> Chair Mark McCutcheon, Commissioners Scott Kirchner, Chris Bollis,Dennis Libby,Bob Erickson. <br /> Commissioners Matt Gettman and Jon Ressler were absent. Representing Staff were Community <br /> Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. <br /> Chair McCutcheon called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. <br /> APPROVAL OF AGENDA <br /> Kirschner moved,Bollis seconded,to approve the Agenda.VOTE: Ayes 5,Nays 0. <br /> APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 17,2023 <br /> Libby moved,Kirchner seconded,to approve the minutes of the Orono Planning Commission <br /> meeting of January 17,2023.VOTE: Ayes 5,Nays 0. <br /> PUBLIC HEARINGS <br /> 1. LA22-000068 VALDES LAWN CARE AND SNOW REMOVAL,LLC,2815 CASCO <br /> POINT ROAD,REQUESTS AN AFTER-THE-FACT 75-FOOT LAKE SETBACK <br /> VARIANCE FOR RETAINING WALLS. <br /> City Planner Curtis reported that in July of 2022,the timber lake slope walls, deck and stairs to the lake at <br /> this address were destroyed by fire. A building permit was issued to reconstruct the walls in-kind. During <br /> the installation of the wall, staff observed that the construction had expanded beyond the "in-kind" <br /> limitations.As a result, a stop-work order was issued. The applicant's engineer provided documentation <br /> showing slope failure was imminent and needed an emergency correction. Because the work was halted <br /> prior to construction, on Nov. 28 the City Council granted approval to install a final wall at the top of the <br /> slope in order to protect the integrity of the slope upon spring thaw. That wall has not been installed. The <br /> applicant is requesting to add 1.7 feet to the top wall that's existing rather than constructing a new <br /> additional wall on the top of the slope,which would better accommodate the final grades and the lake <br /> access stair. All the improvements are within the 75-foot setback from the lake and within the bluff. The <br /> newly-constructed timber walls are situated generally where the previously existing walls were located. <br /> The new walls are not considered an "in-kind"replacement as the footprint of some of the walls extend <br /> closer to the neighboring properties, are in different configurations and are in different locations than the <br /> previously existing walls. The owner is requesting an after-the-fact variance to address the wall footprint <br /> expansions in the bluff and lake yard. A lake stair is permitted within the 75-foot setback and within the <br /> bluff. The deck walkway and shed are not permitted but are able to be reconstructed in-kind. The property <br /> owners can apply for a building permit to rebuild their decks and shed and the stairs as long as the <br /> existing parameters are not exceeded. Because the new walls were installed in a slightly different <br /> placement, size and configuration variances are required. The applicant identified the slope and existing <br /> conditions as practical difficulty supporting the requested variances. They have provided the <br /> documentation with the practical difficulty worksheet in your packets. They are here tonight as well. Staff <br /> finds there are difficulties in the topography and challenges brought on by the fire which may support the <br /> Page 1 of 19 <br />