08/19/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 19 2013 6:30 o'clock p.m. Schwingler commented the developer has no control over the market. Landgraver stated at this point the Planning Commission should decide whether a Conservation Design Plan should be undertaken. Schoenzeit stated given the amount of public comment, the Planning Commission should request a Conservation Design Plan. Schoenzeit moved,Thiesse seconded,to recommend approval of Application#13-3622,Todd Holmers, 1645 Shadywood Road, preliminary plat approval,subject to the completion of a Conservation Design Plan,subject to the applicant submitting the requested information outlined in Staff's report, and subject to the conditions of the City Engineer and Staff. Thiesse stated he has a hard time requiring this applicant do something that the other neighbors are not required to perform. Schoenzeit amended his motion,Thiesse seconded,to recommend approval of Application#13- 3622,Todd Holmers, 1645 Shadywood Road, preliminary plat approval,subject to the completion of a Conservation Design Plan,subject to the applicant submitting the requested information outlined in Staff's report,subject to the conditions of the City Engineer and Staff,and with the recommendation that removal of the buckthorn will not be required. Kriesler stated she has a real concern that only one house will be developed on this property rather than additional houses being constructed later. Gaffron noted the property on Maple Place existed as separate 50-foot lots, and due to action taken by the state legislature,the City did not have the ability to require those lots be combined. In this situation a subdivision is a more rigorous process and the developer only has approximately 1.88 acres. In order to create three lots, the developer would need to construct a City-standard road to serve those lots. Once three or more homes are being served by a shared access, it requires a 50-foot wide corridor, which would basically make it impossible to create three lots. VOTE ON THE ABOVE AMENDED MOTION: Ayes 6,Nays 0. 8 #13-3624 PETER JOHNSON ON BEHALF OF WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE,CONDITIONAL USE PERMIT, 8:45 P.M.—8:52 P.M. Breanne Glesener, Attorney-at-Law, was present on behalf of Peter Johnson. Curtis stated the applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore the property and resulting in grades consistent with the lakeshore yard of the adjacent property at 1420 Bohns Point Road. The property contained a house until 2006 when it was demolished in preparation for new construction. A new home was never built and the current applicant purchased the vacant lot as it is adjacent to his home. In 2009,the City granted a conditional use permit for fill to restore the property and blend it into Page 20 of 28