09/20/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20,2004 6:00 o'clock p.m. (#04-3051 Kevin and Julie Fitzpatrick,Continued) Gundlach indicated the applicants have met all structure coverage, lake setback, average lakeshore setback and hardcover requirements. The building inspector and city engineer have reviewed the proposed grading plan and recommended several changes,which the applicants have met. Gundlach noted the two neighbors to the south have submitted a letter objecting to the proposed variances. Staff has reviewed the letter in detail, and while staff agrees with the neighbors' position in theory, a property owner's right to develop clashes with this theory. Staff has included excerpts from the Community Management Plan regarding the City's policies on land development. Staff further finds that denial of the variances would be a significant change in policy as these types of requests are often made and approved. Gundlach indicated there are several neighborhoods where the City could have prevented rebuilding in hopes of land consolidation but never did. Staff is therefore recommending approval of the application. Kevin Fitzpatrick stated based on his review of Planning Commission minutes and City Council minutes, it appears that the City has typically approved lot area, lot width, and side yard setback variances on 50-foot lots in the past, and if the variances are denied, it would be a significant change in policy and would negatively impact this lot as well as the two landowners to the north of this property who also own 50-foot lots and other similar landowners throughout the City. Fitzpatrick indicated they have also come to understand through working with staff the idea of preservation and other rationale used by the City for when new construction happens. Fitzpatrick noted the structure was sold as a knock-down because of its faulty electrical system, deteriorating structure, and water in the basement. Fitzpatrick stated he hopes their proposed improvements will help bring this property more into compliance with the City's code. Fitzpatrick noted the hardcover is being eliminated in the 0-75' zone and is being reduced in the 75'-250' zone from 35 percent down to 25 percent. In addition,restoration of the lakeshore is being proposed along with improved drainage in the neighborhood. Fitzpatrick stated the Community Management Plan outlines the rights of a property owner, with the plan stating that all landowners must have equal land use opportunities. No landowner should be denied the right to develop his or her land by any stage growth, land banking, or no-growth policy,provided the development can be done consistent with the Community Plan. Fitzpatrick stated in his opinion isolating these three lots on West Lake would constitute land banking that would significantly restrict their rights to develop the property as well as the rights of other owners of 50-foot parcels throughout the city. Fitzpatrick indicated the second principle that drew his attention contained in the Community Management Plan is the preservation of neighborhoods. Fitzpatrick stated they were drawn to Orono for its neighborhoods and schools and the diversity of housing located within those neighborhoods. Fitzpatrick stated they are in agreement with the statement contained in the Community Management Plan that says most of Orono's existing urban neighborhoods are homogenous consisting of newer and older homes, intermingled with an occasional vacant lot or a large municipal lot. There is no single neighborhood that is in need of complete renewal or rehabilitation. Fitzpatrick stated the dominant land ownership on one street or complete rehabilitation of West Lake is contrary to the City's intention. PAGE 15