07-19-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19, 1999 • (#6) #2504 WARREN AND TANA GARRETT, 650 BROWN ROAD NORTH -VARIANCES, 8:16 p.m. to 8:29 p.m. -continued Garrett inquired whether a fence located on the dock would be a problem, noting that he has some concerns regarding liability. Garrett indicated that the neighbor who has expressed disapproval of the fence was here at tonight's meeting but has left. Weinberger stated a fence located on the dock would be outside the jurisdiction of the City, and the impact that the fence located along the property line would need to be taken into consideration. Garrett stated he could install a fence on the dock with a gate which would require any trespassers to enter the water in order to obtain access to the dock. Lindquist indicated he does have a problem with a fence in the 0-75'setback. Gaffron stated the City of Orono has not adopted any codes relating to docks, but that he personally does not have any objection to a fence surrounding the dock to deter trespassers. Garrett indicated that he is willing to drop the fence portion of his application tonight. There were no public comments. Lindquist moved, Smith seconded,to recommend approval of Application #2504, 650 Brown Road North, granting of a variance to the average lakeshore setback to allow for a deck • additition, addition to the house, and an inground swimming pool,with denial of the variance for any fence. VOTE: Ayes 7, Nays 0. (#7) #2474 C. STEVEN AND SUSAN WILSON, 325 BROWN ROAD SOUTH/2150 ABINGDON WAY-VACATION, 8:28 p.m. -8:34 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Steven Wilson,Applicant, was present. Weinberger stated that the Planning Commission and City Council has recently approved a subdivision of a lot line reararngement for properties located at 325 South Brown Road and 2150 Abingdon Way. City Code requires that the Applicants dedicate drainage and utility easements along all newly created property lines, which have been granted along the new property line. However, the previous underlying drainage and utility easement along the old property line was not vacated at the time the subdivision was approved, which should be vacated. Staff is recommending approval of this application. Wilson had no comment. Hawn inquired whether the Applicant would be agreeable to affirming the agreement with Abingdon Way. Wilson stated it would not be an affirmation, but merely notifying the owners of each lot in this division that they are liable for each easement. Wilson stated he would approach the homeowners III association requesting that the 60 foot pathway be eliminated from their agreement, which requires City agreement. 9