10/18/1993 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD OCTOBER 18, 1993 ( #8) #1883 STEVEN M. ENGLUND - CONT. • Lindquist expressed his concern over the drainage issue and cautioned the applicant as he proceeds with development of the property. It was moved by Peterson, seconded by Berg, to approve Application #1883 for Steven Englund, 3855 Cherry Avenue, for a lot area variance for construction of a single family residence on a 0.37 acre parcel subject to conditions 1 -5 as listed in the staff memo dated October 5, 1993. Ayes 6, nays 0. ( #9) #1884 ORVILLE FISHER 475 OXFORD ROAD, AFTER- THE -FACT VARIANCE - PUBLIC HEARING 9:45 P.M - 10:12 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Orville Fisher was present. Gaffron explained that a complaint had been received from a resident that there had been some tree cutting in the 0 -75' zone. Upon investigation, a Stop Work Order was issued as there had been a number of trees, 6" in diameter or greater, removed in the 0 -75' zone as well as intensive vegetation clearing. Tree cutting in the 0 -75' setback area is not allowed by City Code. In addition, Shoreland Regulations that were adopted about one year ago prohibit intensive vegetation cutting and clearing in the 0 -75' zone. Violation tags have been issued and are pending in the courts. The applicant has had previous grading violations in the 0 -75' setback area on previous property. Staff would recommend denial of the after - the -fact variance and look at the proposed restoration plan to consider if it meets standards the City should require. Gaffron noted other activity on the property as there is a sewer connection and remodeling occurring which is separate from the tree cutting issue. Fisher apologized to the public, Planning Commission and staff regarding the tree cutting and stated it was not done intentionally. He explained that a college student had done the work while the Fishers were out of town and was given instructions not to cut within the 0 -75' zone. Both the college student and Fisher incorrectly measured from the shoreline. Fisher noted he contacted a surveyor to verify the 75' setback line so they could determine the extent of the damage, and he also contacted Jeanne Mabusth to begin steps for restoration and corrections. He is not asking for approval of an after - the -fact variance but to determine what will be necessary to correct the problem. A landscaper has been hired to develop a plan for restoration of what had existed. Boxelder trees were removed but they would be replaced with trees (as large as possible) that could survive in a low level, high water table area. A boxelder is considered a weed tree that can't be purchased commercially so more expensive trees will be replaced. 13