01/17/2006 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#06-3171 JOHN AND JOAN BROOKS, CONTINUED) Bremer commented she does not see a court order and that there is a methodology for correcting that violation if one exists. Bremer stated the Planning Commission looks at zoning matters and that the Planning Commission is not an enforcing body of a property owner's legal rights. Bremer commented the Planning Commission is unable to give the recourse that Mr. Floyd is requesting because they do not have the authority to act in that role. Floyd stated he has already provided court orders and detailed surveys to Staff and the police deparhnent and that he would like to stop being questioned on whether he owns this property. Leslie stated he understands the frustrations of Mr. Floyd but that the Planning Commission only makes a recommendation to the City Council, with the City Council having the final say. Floyd inquired on what basis is their property and fence being referred to as part of this application. Gaffron indicated he does not understand that part of the question. Floyd indicated that Gaffron included his property line and fence when he was discussing the request. Gaffron apologized for inadvertently including that portion of Mr. Floyd's property when illustrating the property line but pointed out that the request by the applicants is within their property. Gaffron pointed out the request deals with replacing existing structure, which is different than creating new, and that laws passed within the past two years have drastically changed the scope of how a City can govern the replacement in kind of existing conformities. Floyd inquired why he was sent a letter telling him he would need a variance to do work in that exact same area when the applicants were told they could just go to Mr. Gappa in the Public Works Department to get approval. Bremer stated Mr.Floyd's fence is not part of the Planning Commission's review tonight. Gaffron stated the obstruction of the driveway is an issue for the public works department. Floyd inquired whether the illegal fill in the lakeshare is within the city's jurisdiction. Floyd displayed a survey dated 1910. Floyd demonstrated how the two surveys correspond and differ. Floyd pointed out the depth of the water measured at three and a half feet in his survey with no extended tail out at the time the Brookses purchased the property and that the surveys now show there are areas of unnatural fill. Bremer stated she understands Mr. Floyd's point,but reiterated that the Planning Commission is not able to rule on whether the fill is illegal fill. Bremer reiterated that Mr. Floyd's letter was quite thorough and that generally the Planning Commission asks residents to limit their comments to five minutes. Floyd stated he has an issue with the calculations for the hardcover, and pointed out that the driveway area was never calculated in the 1984 hardcover calculations even though it existed as hardcover. PAGE 30