08-22-1988 - Agenda Packet City Council - regular meeting

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Zoning File #1315 August 10, 1988 Page 2 of 2 Review of Application - The construction of the monuments commenced after the application was filed by Mr. Miller, representative of the Countryside Homeowners' Association. Mr. Miller was advised via a letter that he proceeded at his own risk as there were no approvals granted for the structures if it exceeded the allowed 3�' height (review Exhibit G). The applicants were required to file a variance application because the proposed monuments would exceed the allowed 3�' height at the sides where the posts were to be constructed to hold the lighting fixture. Staff can confirm that the monuments are not located within the 30' traffic visibility protection zone, confirmed also in the applicants' sketch (review Exhibit Z). Countryside Drive is a public dedicated roadway, and at the time Countryside Drive is connected to Old Crystal Bay Road and approved, the City will assume the maintenance of Countryside Drive. Review Exhibit H, note that the structures are located within drainage easements defined at the corners of the Countryside Drive intersection with Willow Drive. Staff has reviewed the location of the monuments with the Public Works Director and we find no interference by the monuments with the existing drainage patterns approved with the final grades of the plat. The Public works Director has called attention to the fact that there is an island with lAndscaping in the center and the close proximity of the monuments may present certain snow maintenance problems at the time the City plows would be maintaining the roads. He has asked that the Homeowners' Association execute a Hold Harmless Agreement based on the location of the structures within the public drainageway and in relation to the setback of the right- of-way of Countryside Drive. Staff Recommendation - To approve the setback and height variances for the wall/monuments proposed by the Countryside Manor Homeowners' Association at the intersection of Willow Drive and Countryside Drive, based on the following findings: 1. The structure does not create a hazard for the users of the public roads, Willow Drive and Countryside Drive. 2. The majority of the monument structures meet the required 3�' high setback except for the posts located at the end of each wall section. This approval is subject to the following conditions: 1. That the applicants obtain a building permit from the City of Orono. 2. Applicants to execute a Hold Harmless Agreement, holding the City harmless for any damage done to the wall as a result of maintaining drainage within the public drainageways or maintaining the future public roadway.