07-21-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 16, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 18 Landgraver moved, Thiesse seconded, to recommend approval of Application No. 14-3673, Justin McCoy on behalf of Orono Public School ISD 278, 685, 765, 795, and 800 Old Crystal Bay Road North, granting of a sign variance and a conditional use permit to install four signs according to the submitted sign plan. Schoenzeit suggested the motion be amended to make the recommendation that the City of Orono refund the application fee given the mission and resources of the institution. Landgraver amended his motion, Thiesse seconded, to recommend approval of Application No. 14- 3673, Justin McCoy on behalf of Orono Public School ISD 278, 685, 765, 795, and 800 Old Crystal Bay Road North, granting of a sign variance and a conditional use permit to install four signs according to the submitted sign plan, with the recommendation that the City of Orono waive the application fee. VOTE: Ayes 6, Nays 0. 5. #14-3674 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC, 4570 WOLVERTON PLACE, VACATION OF CONSERVATION EASEMENT, 7:55 P.M. – 8:15 P.M. Lori Gherardi, Applicant, was present. Curtis stated in 2012, the City approved a subdivision which divided the then 10-acre parcel into two five-acre parcels. The initial parcel was addressed 4550 Wolverton Place, which had an existing home, and the other parcel is still vacant and is addressed 4750. The lot addressed 4750 is the subject of this application. In April of 2013, in conjunction with the recording of this 2012-approved subdivision, the City received a Permanent Tree Stand and Native Grassland Preservation and Conservation Easement. This easement was recommended by the applicant’s environmental consultant as a result of the Conservation Design process, agreed to by the applicant at the time of subdivision, and accepted by the City in good faith. This easement was subsequently recorded over the 10 –plus acre parcel prior to the recording of the subdivision. The grassland south portion of the easement exists over most of the current property at 4750 Wolverton Place. It consists primarily of grass and appears as a yard area. There is no specific, active public use of the property burdened by the grassland south easement area. Rather, its value to the public is as a runoff filtration and absorption area, such that the reduced volume of runoff water leaving the site is of a higher quality than if it ran off a maintained lawn area. In addition, the easement contains a variety of restrictions attempting to preserve the environmental and visual values of the site. In April of 2014, the new owners of the new easterly lot, 4550 Wolverton Place, questioned the purpose and viability of the easement, but more specifically claimed they had not been provided proper notification of the easement’s existence when they closed on the property. In order to avoid threatened litigation, the City Council ultimately granted a vacation of the portion of the easement over 4550 Wolverton Place. The applicant is now requesting similar consideration of an easement vacation for the property at 4750. As outlined in Staff’s memo, it is noted that the applicant received a monetary benefit as a result of the initial granting of the conservation easement with the subdivision. It is the opinion of Staff that it would Item #03 - PC Agenda - 07/21/2014 Approval of Planning Commission Minutes 06/16/14 [Page 14 of 18]