08-12-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 15, 2019 6:30 o'clock p.m. Chair Ressler closed the public hearing at 7:21 p.m. Libby stated it is difficult when behavior and conduct of general contractors and subcontractors become an issue. Sometimes, if not properly directed by the general contractor, there may be behavior that the Planning Commission and City Council cannot control. Libby stated he commends Mr. Hueler for coming tonight and expressing concern, but that he does not see any other neighbors expressing concern about it except for Mr. Hueler's letter and his comments tonight. Curtis noted the letter was from a different neighbor. Bollis asked if the property is in compliance with the subdivision approval. Curtis indicated they are frequently out of compliance with the subdivision approval that prohibits the cross traffic of contractors and subcontractors on Pence Lane. Staff, however, does not monitor it on a daily basis. Staff visited the site on Friday and the fencing was down. The fencing is supposed to remain up unless they are moving dirt at that specific time and is designed to keep people from driving across the Pence Lane driveway. As far as the grading, the house, and everything else, they are in compliance. Ressler commented he has visited the site and it is a tight spot. Ressler encouraged Mr. Hueler to continue to bring up his concerns to the City, but that he would have a hard time not making a decision tonight on what would be an improvement. Ressler stated he is sure everyone is looking forward to the construction being done. Erickson stated he is positive about the stairs and retaining walls. In this case there is no height issue so he is very much in favor of it. Erickson stated as it relates to the traffic problem, his understanding of the rules that relate to variances and setting conditions on variances is that the traffic issue is too far removed from the retaining wall issue so the Planning Commission cannot link those in one motion. That being the case, he would support the application for the stairway and retaining walls. McCutcheon commented the retaining wall/stairway looks like a solid solution and that it is a good idea since the stairs have collapsed in the past. Bollis stated as far as the stairway and retaining walls, he sees a practical difficulty with trying to build an above -ground stairway system given the grade. Gettman stated the retaining walls make sense in order to help retain the stairs. Ressler noted everyone is sensitive to limit the amount of structure near the lake. Given what the walls serve, he would be in support of it, but that the Planning Commission cannot govern on the ongoing construction of the home as part of this request. McCutcheon moved, Libby seconded, to recommend approval of Application No. LA19-000050, Eric Vogstrom, 2710 Pence Lane, lake setback variance. VOTE: Ayes 6, Nays 0.