10/18/1993 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD OCTOBER 18, 1993 ( #9) #1884 ORVILLE FISHER - CONT. Melvin J. Peterson, who formerly lived on the property and is technically the current owner as the closing has not yet taken place, expressed his concern over what impact the current problems could have on the November closing. He did not know about any of the activity in the yard or tree cutting. Fisher noted the title is a transfer for a Contract for Deed. Schroeder noted that typically the Planning Commission deals with the owner of the property, not a future owner. Since the issue is with the applicant, it will be assumed he is the owner. Schroeder asked why Fisher wanted to cut the trees since he was fully aware of the City's position of activity in the 0 -75' setback area because of previous problems. Fisher explained they did not want to cut as many as were cut but wanted to gain additional views. Schroeder asked how he would gain views by cutting only trees from 75' back since there would still be trees in the 0 -75' area. Fisher responded that most of the larger trees were 60' and back and thought that was beyond the 75' setback. He had assumed the water was at a high water mark this year although he did not have a survey. He measured from the waterline with a tape measure. Gaffron explained this would not work because the water is actually lower than normal at a 929 elevation. Schroeder pointed out that had Fisher cut only from the 75' line back, it would not have helped his views. •Fisher did not want the area clear cut because there is a neighboring tennis court that he wanted to be left screened. Lindquist asked how large the trees being proposed for replacement would be. Fisher responded they would be Ash and Linden trees as tall as those taken out and 4 -5" in diameter. Schroeder asked if all trees taken out would be replaced, even those out of the 75' zone. Fisher confirmed not all of them would be replaced. Lindquist asked if the proposed screen on the south side would be done at the same time as the rest of the replacement. Fisher responded that currently only 12 -13 trees were scheduled to be replaced in the 0 -75' zone. Schroeder asked if the City could do anything about requiring tree replacement outside of the 0 -75' zone given the nature of this particular issue. Gaffron felt it could be tied to mitigation of the area. Peterson asked how staff felt about the planting proposal. Gaffron responded that there had existed understory and screening, and that the replantings proposed might have a different character which might be considered good or bad. If the root system is still in place, some of the understory may grow back which would be better than if it were all grubbed out. Nolan noted the 4 -5" trees to be replaced would require large equipment to do the work. He felt understory would be desirable and asked about the discussion of gray -twig dogwood. 14