11-12-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 8 Barnhart noted there is City-to-DNR right-of-way currently but that it has morphed onto Mr. Bonnett’s property over the years. Ressler stated tabling it would delay any action on this. If this were passed or denied with some requirements or contingencies, that would save about 30 days so it does not have to come back before the Planning Commission again. William Griffith stated a fourth condition could be to require a plan be provided to the City Council and that they are in agreement with the three conditions as well as providing a formal plan. That plan could also be made available to anyone who is interested in seeing it. Ressler noted recommending denial does not stop them from being heard by the City Council. Griffith indicated he would rather have a recommendation of approval. Thiesse commented he would like a plan that the residents could look at prior to the City Council meeting and that they need some time to do that. Thiesse asked whether a public hearing could be held at the City Council meeting. Barnhart stated the Planning Commission could recommend a public hearing be held at the City Council meeting. While a formal public hearing is not required, the Council typically receives public comment at the meeting. Thiesse noted there is no formal notice sent out to the neighbors and that people interested in this application would need to know when it would be before the City Council. Barnhart stated the next City Council meeting would be November 12. Barnhart stated the applicant has two options. They could either provide a plan or they could proceed forward with what they have. The applicant has already agreed to address the issues that Staff has raised, and the idea would be to provide a plan depicting those. If they would like to receive the feedback from the Planning Commission on that plan, they should ask for it to be tabled. Erickson stated he would support it with the four conditions and moving it on to the City Council. Thiesse stated because they are acting on a request for a vacation, in his mind they should deny it because it is lacking certain information. Gettman noted the applicant would get a chance to rectify those omissions before the City Council meeting, and that approving it would essentially mean the Planning Commission is really not necessary. Ressler indicated he is against tabling it and that the Planning Commission has enough information to make a recommendation one way or another. Denying it would give the applicant an opportunity to supplement their application. Gettman moved, Libby seconded, to recommend denial of Application No. LA19-000074, William Griffith on behalf of TJ Bonnett, 40 and 45 Smith Avenue, right-of-way vacation and variance, with the understanding that the applicant has time to submit a formal plan.