01-21-2020 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 27 of 46 Curtis stated the Planning Commission will make a recommendation and continue holding the public hearing open to the Council meeting. Erickson clarified that the continuation of the public hearing will occur at the Council meeting. Thiesse moved, Libby seconded, to deny Application LA19-000087, Melissa Musgjerd, 4156 Highwood Road, Right-of-Way Vacation. Erickson stated part 4A of the Transportation Plan gives some guidelines for decision-making as to vacating lake accesses. It points out that a number of the access corridors have steep topography, shallow water depths, undesirable bottom conditions, and/or dense vegetation and experience little or no usage. The implication is that those that have those conditions might be good candidates for closing. This seems to have those such as the steep topography, and just about all of those who have come forward have talked about mostly winter use, so it might be a fairly decent assumption that the water depths may be shallow or the lake bottom conditions may be undesirable, mucky or whatever they are. On the other hand, from the comments of the neighbors, it's difficult to say that it's experiencing little or no usage. He is not sure how he is going to translate that into a vote. He thinks the guidelines are fairly good. VOTE: Ayes 6, Nays 0, Abstain 1 (Erickson). 6. LA19-000089 CHARLENE BYSTROM, 275 CRESTVIEW AVENUE, VARIANCE, 9:06 P.M. - 9:17 P.M. Jim Cleary, Everlast Enterprises, Inc., was present. Oaken presented a summary of packet memorandum. Ressler asked whether the application was 2017 initially or '18. Oakden indicated it was '18. Ressler asked if at that time the setback was around 30 feet. Oakden stated the requirement is a 50-foot rear yard setback. The variance in 2018 gave them a 40-foot setback for the house and a 30-foot setback for a 10-foot deck to be added on to the house. They want to add stairs to access and use their rear yard, which makes it a 20-foot setback because of the stairs structure. They are requesting 10 additional feet, 10 feet closer, for deck stairs to their rear yard. Ressler stated the Lot Analysis Worksheet indicates the rear required 30.8. Oakden said she should have clarified the information better. Required is 30.8, noted because of their 2018 variance. 30.8 is what they were granted in 2018. For the zoning district it's a 50-foot setback, and