08-17-2015 Planning Commission Packet

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MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday,July 20,2015 6:30 o'clock p.m. Barnhart stated the Park Commission is requesting a variance to allow construction of two split rail fences consisting of approximately 125 feet and 58 square feet of hardcover within the required 75-foot lakeshore yard at the end of Lydiard Avenue. The fences are intended to delineate the parking area from the beach area and the channel adjacent to the parking area. The Park Commission is proposing to remove 10 deteriorating wooden bollards that currently mark the boundary between the parking and beach areas with a more visually appealing split rail wooden fence. The fence will not be more than 42 inches tall and will include two horizontal rails. Lydiard Beach is not a platted lot and is an extension of Lydiard Avenue right-of-way. The right-of-way terminates at the water's edge. Barnhart noted that post cards were not mailed for the public hearing and that the public hearing will need to be held at the City Council level. Planning Staff recommends approval of the variances as proposed. Schoenzeit asked if this would be considered a fire lane. Barnhart stated it is a platted road,with a portion of it being paved and a portion being a dirt road. Thiesse expressed concern that the fence may not be strong enough to withstand potential vandalism. Thiesse moved, Schwingler seconded,to recommend approval of Application No. 15-3753, City of Orono Park Commission,Lydiard Beach swim area, granting of a hardcover variance and a lake setback variance. VOTE: Ayes 5,Nays 0. 6. #15-3754 CITY OF ORONO,AMEND CITY CODE REGARDING APPLICATION APPROVAL EXTENSIONS,8:27 P.M.—8:37 P.M. Barnhart stated the City Council had identified a need for some guidance in terms of an ordinance amendment that limited or at least defined the number of extensions associated with a preliminary plat. In a review of the ordinance by Staff, it was found that the ordinance does have criteria in terms of when activity must be completed or at least commenced with regard to variances, site plans, and conditional use permits, but nothing specific on preliminary plats. As it concerns to variances, site plans, or conditional use permit, the property owner or builder has to affect the changes or make progress on the building permit within a year or obtain an extension. Barnhart stated the City has had some situations where the preliminary plat has been extended up to five to seven times and the City Council felt there should be a level of discussion on what the appropriate number of extensions is. Barnhart noted five extensions would mean the application is five years past the public hearing and that property ownership could change in the neighborhood or other issues raised. Barnhart stated the draft ordinance is intended to help address the concern raised by the City Council. Barnhart stated there is no magic number but that Staff chose a four-year extension, which should allow the project to be completed in a timely manner. Page 18 of 25