09/16/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16,2013 6:30 o'clock p.m. Schoenzeit stated at some point the property owner has to have some rights. The state has said that this type of lot is sufficient to build on, which is different from the first two denials. Schwingler stated what is in front of the Planning Commission is a request for a subdivision and whether the subdivision should be approved. Schoenzeit noted it would be a nonconforming subdivision since it requires 140 feet lot width and minimum one acre lot size and by that definition it makes the agreement undoable. Thiesse noted the agreement requires a subdivision application to be filed. Schwingler stated the Planning Commission has to deal with the facts as presented and cannot be drafting legislation or changing City Code. Gaffron stated if the Planning Commission is going to consider the idea that this lot is typical with the neighborhood,they should look at what the actual lot sizes are in the neighborhood. Gaffron noted the exhibits in the Planning Commission's packet show all the lot combinations and that a 50-foot lot is not as common as the wider lots. Gaffron stated in his view a 50-foot lot is not typical of what exists in the neighborhood. Stacy Alness stated there are 50-foot lots on Forest Lake that are being built on and that it is not just these lots in the area around their house. Gaffron stated the City experiences the rebuilding of a dozen or so lakeshore homes every year, and those consist of people who have a house on the property and have the ability to replace their existing house. Leskinen moved,Landgraver seconded,to recommend denial of Application#13-3629,Ryan and Stacy Alness, 1169 North Arm Drive,on the basis that a subdivision would create a nonstandard lot which directly conflicts with the City's subdivision ordinances that are currently in place. Landgraver asked what the next step in the process would be if the application is recommended for denial. Gaffron indicated the application would go before the City Council for review and formal action. Schwingler commented the job of the Planning Commission is to make a recommendation based on the current City Code. VOTE ON THE ABOVE MOTION: Ayes 4,Nays 3,Lemke,McGrann,and Schoenzeit opposed. 8. #13-3630 BILL COFFMAN ON BEHALF OF ERWIN WACHMAN,BAYSIDE MEADOWS,8:02 P.M.—8:28 P.M. Bill Coffman, Applicant, was present. Curtis stated the Bayside Meadows subdivision received final plat approval in June of 2013. Upon final review by the City Council,the applicant was asked by the Council to consider a reduction in the number of proposed boulevard trees and to consider a more rural/natural placement in the spirit of the rurally zoned development. City Code Section 82-226(b)(1)directs developers to plant one shade tree along the Page 17 of 34