07-20-1998 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#2394 C. Peter Pearson Company, continued) the conditions of the Resolution was that no further variances be granted for Lot 1 or Lot 2. The proposed residence, driveway and sidewalk exceed the 25 percent limit for hardcover in the 75'-250' setback. Staff recommends the Planning Commission limit the application to what was previously approved by the City Council. The representative stated if access is granted off of Lydiard Avenue, the hardcover would be reduced to 29.2 percent, and if access if off of Kelly Road, the hardcover would be 33.5 percent, with 25 percent being allowed. There were no public comments. Van Zomeren noted two letters were received by the City, with copies being given to the Applicant. Chair Smith stated one letter is dated July 20 from Dan Griesbach and one dated July 16 from Richard Rice. Chair Smith noted both letters express concerns about access off of Lydiard, citing possible erosion, loss of park habitat, and the road condition of Lydiard Avenue. Chair Smith inquired whether access would be coming off of the public beach. Van Zomeren stated if access is off of Lydiard Avenue, it would be on park property. Van Zomeren noted the Park Commission was not in favor of access off of Lydiard Avenue. Staff is not recommending access off of Lydiard Avenue. 410 Birnbaum stated the fence limit access off of Lydiard is only there for six months of the year and if access is granted, the environment would not be altered. Birnbaum stated the road does not need to be asphalt. McMillan stated she was 100 percent behind the City Council's recommendations, noting the restrictions for this property were known and clearly spelled out when the property was subdivided. Stoddard stated he was not in favor of overruling the City Council's Resolution. Stoddard noted the Park Commission has discussed the possibility of closing Lydiard Avenue year-round. Chair Smith stated if action is taken on the proposed application, the Planning Commission will probably deny it, or the Applicant may wish to have the matter tabled until revised plans can be submitted. Birnbaum stated this property is presently unbuildable with the restrictions imposed. Chair Smith noted the City Council stated they would not grant further variances for this property. McMillan commented the City Council dictated the conditions under which this lot could become buildable and the Applicant needs to comply with those requirements. Birnbaum requested the Planning Commission act upon this application. Smith moved, McMillan seconded,to deny Application #2394 for property located at 2697 Kelly Avenue. VOTE: Ayes 6, Nays 0. • Page 12