09-16-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2002 6:30 o'clock p.m. (#9) #02-2828 TONY LUND,VACANT LOT NEXT TO 4515 NORTH SHORE DRIVE, Continued Lund questioned whether these fees would go up if they did not file for permits until 2003. Gaffron noted that these charges fluctuate with inflation and the applicant would likely save a little money by filing and paying now. Lund acknowledged that, obviously, the drainage issues would be similar to the previous applicant since this property is similar in character to the neighborhood. Mabusth questioned whether the applicant would be able to save any of the mature trees that reside on the property. Other than the ones that would need to be removed where the house would go, Lund indicated that they intend to save most of the trees. Gaffron referred to Exhibit C, which shows both parcels, and asked the Commission to examine the average lakeshore setback line that would be used to judge the two properties. Normally, one estimates the average setback based on the two adjacent homes. In this case, he suggested the Commission look at the eastern lot and consider how its placement affects the views of the house currently there. He pointed out that whichever home is built first, either the vacant lot or the existing home lot, the average lakeshore setback will be determined by the other. Lund stated that the architect and surveyor had taken this into account. In order to avoid any conflict later, Gaffron indicated that the average lakeshore setback determined by which home is built first would need to be documented up front in the resolution. He reiterated that the City does not want to be put in the situation where they've upset a neighbor, by allowing a home to be built that obstructs that neighbor's view. Rahn questioned whether the Commission can mandate no other variances be granted if they go in at different times. Gaffron pointed out that if the City has protected the lake views of the neighbor with the average lakeshore setback the applicant could tear down the existing home, build the residence at 4515, and then build on the vacant lot based on that newly defined average. Mr. Gustafson committed to tearing down the existing home and permitting the westerly house construction prior to building the easterly house. Chair Smith moved,Bremer seconded, to recommend approval of Application #02-2828, Tony Lund, Vacant Lot next to 4515 North Shore Drive, granting variance for lot area and lot width, subject to staff's recommendations, a complete site drainage plan approved by PAGE 18