10-15-2001 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY,OCTOBER 15,2001 (#12) #01-2726 EROTAS BUILDING CORPORATION WITH AN INTEREST IN 450 ORONO ORCHARD ROAD,AFTER-THE-FACT VARIANCES,9:16 p.m.—9:23 p.m. Dave Erostas and Mike Miller, Erotas Building Corporation, appeared on behalf of Kevin Garnett, property owner. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated Erotas Building Corporation has submitted an after-the-fact variance to permit a six-foot fence to be located within the 50 foot street yard setback where fences are permitted to be 3.5 feet in height. The fences would be located along Orono Orchard Road and Dickenson Street. Under City Code, fences are not permitted to exceed 3.5 feet in height within the 50-foot front and side yard adjacent to the street setbacks. Weinberger stated the principal residence on the property has recently undergone extensive remodeling and updating. Part of the property improvements include removal of the"old"guest house and construction of a new guest house on the property. In June, 2001,the Council approved the conditional use permit for the new guest house. The overall site plan also includes a security gate and enclosing the entire property with a fence. Last year a permitted six-foot fence had been installed along the north and east property lines,with a 3.5 foot fence being installed along the south property line. Weinberger indicated this property consists of 14.7 acres,with security being an issue. The property owner has planted a vegetative buffer consisting of trees ranging in height from 13 feet to 16 feet. The landscaping has consisting of planting a dense row of arborvitae trees,which leaves no view of the property from the street. The fence has been installed between the trees and the house. Weinberger stated the new portion of the fence was installed in August, 2001,with a stop work order having been issued for the new fence along Orono Orchard Road and Dickenson Street. Staff is recommending approval of the variance request based on the hardship that the fence would be securing a large property in the RR-1B zoning district. The property is in an area where the general development is consistent with other properties in the area. Erotas stated approximately 90 percent of the fence is screened by the row of arborvitae trees. Mabusth inquired whether there is another access point to this site. Erotas stated there is not. Erotas stated they are attempting to screen the bedrooms from Orono Orchard Road. Lindquist moved,Kluth seconded,to recommend approval of Application#091-01-2726,Erotas Building Corporation,450 Orono Orchard Road,granting an after-the-fact variance to permit a six foot fence to be located within the 50 foot street yard setback,with the finding that the six foot fence will be securing a large property,subject to the wall being screened. VOTE: Ayes 6,Nays 0. PAGE 22