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. the existing grades of the adjacent lot. The applicant chose not to proceed at that time and the approvals expired. The current proposal is only moderately different than what was approved in 2009. The applicant is requesting conditional use permit approval to import approximately 2,200 cubic yards in order to restore the grade. A portion of the material is already on or near the site. Administrative permits were issued to allow the applicant to bring in 500 cubic yards of fill to each of the properties in order to take advantage of the trail near the home that is currently under construction. A new home is not proposed at this time and the applicant is proposing to remove a portion of the existing blacktop driveway. Curtis stated Staff's report outlines the CUP analysis and the Planning Commission can either walk through the CUP criteria or request that specific issues be addressed. Staff recommends approval of the application subject to the continued oversight of the project by the City Engineer. McGrann asked if the property has looked pretty much the same since the home was demolished. Curtis indicated it has. Breanna Glesener stated she is here on behalf of Peter Johnson and that she has nothing to add to Staff's report. Acting Chair Landgraver opened the public hearing at 8: 9 p.m. There were no comments regarding this application. Acting Chair Landgraver closed the public hearing at 8:49 p.m. Schoenzeit commented the City Engineer's report pretty completely covers the work that needs to be followed in order to bring in that much fill. Thiesse asked whether the garage was also removed. Curtis stated the survey shows the garage still exists. Thiesse stated when he visited the property,the foundation was still there but the actual garage structure has been removed. Thiesse asked if they are not going to construct a permanent residence on that property whether they can construct another garage since the foundation still remains. Gaffron stated it is something the City Attorney should look at. If the garage foundation shows up on the current survey, the City does not have the ability to require the removal of an existing structure on a lakeshore lot without potentially compensating the property owner for it. Landgraver asked if the intent is to remove the foundation of the garage. Glesener stated the garage foundation will be removed. Schoenzeit moved,McGrann seconded,to recommend approval of Application#13-3624,Peter Johnson on behalf of Wagener Properties,LLC,3165 North Shore Drive,subject to Staff and City Engineer's recommendations. VOTE: Ayes 6,Nays 0. Page 21 of 28