03/15/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#12. #04-2995 BOB CARLSON,JYLAND HOMES, 1070 W. FERNDALE ROAD, LOT AREA AND WIDTH VARIANCES—Continued) Applicant stated he is requesting a wetland setback variance because he is interested in saving the mature hardwood trees which would be lost by moving the driveway closer to the neighbor. The trees and existing vegetation provide a privacy buffer. He also stated a wetland setback variance was received from the Minnehaha Creek Watershed District. Gaffron stated that the property is providing some mature trees for screening and city staff would like to work with the applicant to try to avoid trees being disturbed. This is an existing situation that for the most part is getting better because this driveway currently hugs the edge of the wetland and now will disappear because of the reconstruction and won't be as big an impact. Topographically, there is a hill and if the trees weren't there the question is would the hill be problematic or would you just cut through it. Chair Smith asked if one of the conditions would be to protect those trees if driveway stays where it is. Gaffron responded affirmatively. Chair Smith said the commission had just received today a letter dated March 12, 2004, from Gerald McCourtney, 1055 West Ferndale Road who stated he is opposed to the project. Chair Smith read the letter into the record: "Commission Members: In regards to Item 12. 04-2996, I disagree with the requested variance. The property is across the street from my home at 1055 West Ferndale Road and the variance could affect the future value of my residence. Thank you. Gerald McCourtney, 1055 West Ferndale Road, Orono." There were no other public comments. Chair Smith said he gave no reason for why it would affect the value of his property. Applicant stated Mr. Gaffron did a fine job in explaining the project. Gaffron stated the wetland delineation couldn't happen until the beginning of May. Staff's specific request on this application is that we not issue a building permit and/or we not do a footing inspection until we have the wetland delineation in hand for the purpose of measuring setbacks. Road restrictions will also come off at that time and everything can get done that first week in May. The question is will the wetland delineation show the location of the wetland as being very near the existing driveway. If the wetland turns out to be 10' from that driveway, is the commission more uncomfortable than if it is 25' instead of the required 26'. Mabusth inquired whether the driveway has been in its current location for a long time. Gaffron responded it has been there for 40 years or more. Page 37 of 48