01/17/2006 Planning Commission Minutes

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#06-3171 JOHN AND JOAN BROOKS, CONTINUED) There were no further public comments. Kempf stated he did not get a chance to view the entire property but that it is likely the stairway and the deck would be better if reconstructed and that he does not have a problem with the plumbing in the building as it exists currently. Leslie stated in his view this is expansion of a nonconformity and that this is a building that is being expanded in a use materially different from what the structure was originally intended for,which is contrary to what the Planning Commission has typically approved plumbing for. Leslie stated he is not in agreement with the application. Jurgens stated he is in agreement with Commissioner Leslie's comments and that the deck should be removed since he does not see any approval of it in the past. Jurgens stated he does not see the hardship for expanding the use of the structure. Winkey indicated he is not in support of the application because he does not believe the Planning Commission would have approved the grandfathering of the building if they had known what the ultimate proposed use of the structure would be. Bremer stated she is not opposed to the replacement of the stairs but that she would concur with Commissioner Leslie's comments regarding the expansion of the use. Bremer stated the goal of the City was to have 0 percent hardcover in the 0-75' zone and to have these structures removed once they reached their life expectancy,but instead the City has found that many of these buildings have been improved and made better than what they originally were. Bremer stated the City does have the ability to stop this type of structure from being turned into a miniature guesthouse. Leslie indicated he based his decision tonight on the Brooks' property and what the applicant was requesting and that his decision was not based on the situation between the Floyds and the Brooks. Bremer commented that in her view the use of the property is not being limited by this application being denied and that the site has many amenities that the property owner can enjoy. Kempf stated based on the pointed raised by the other Commissioners, he would change his mind and not support the application. Leslie moved to table Application#06-3171,John and Joan Brooks, 905 West Ferndale Road,to allow the Applicants to redesign their plans to address the relocation and reconstruction of the stairway,to remove the existing deck, and to make no changes to the nonconforming lakeshore accessory building. Winkey inquired whether it would be easier to deny this application and file a new application. PAGE 32