03-17-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 18, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 11 As shown in the survey, the proposed new fence does meet a 10-foot structural setback for the most part from the property line. The variance for the fence at this height in this location may not be necessary. Staff conducted a file review of past fence height variance requests and found that fence variances have rarely been granted. The Planning Commission should consider the visual and other impacts of the proposed 8-foot fence from the point of view of the church property and from off-site, such as from the public roads, and weigh that against the applicants’ desire to provide a barrier between their property and the church’s seasonal wedding activities. If the Planning Commission concludes that the applicants have demonstrated a practical difficulty and that there are no suitable alternatives to an 8-foot fence, such as vegetative screening, and that the visual impacts and other impacts of the fence will not be negative for the surrounding properties or as viewed from roads or other public areas, then a recommendation for approval would be appropriate. Schoenzeit asked how the area is zoned. Curtis indicated it is LR-1A, lakeshore residential two-acre zoning. Curtis indicated the church is an allowed conditional use in a residential zone. Churches and schools are institutional uses that are permitted in residential districts by conditional use permit. Schoenzeit asked if it is allowed even with commercial activity. Curtis stated it is operating under a conditional use permit as a church and churches typically hold weddings. McGrann asked if receptions versus weddings are separated. Curtis indicated they are not separated. Thiesse asked if it is encroaching on the other properties. Curtis indicated the improvements of the church do encroach on the McCarthy property. As it relates to the timing of the lot line arrangement and encroachments, Staff did not research when those patios were constructed and when the properties were subdivided. Schoenzeit asked if all the improvements on the church property were done with building permits. Curtis indicated Staff did not look into that. In talking to the building official about exterior stairs, he has indicated technically the code requirement is for ingress and egress within a home. Curtis stated it is always Staff’s recommendation that a railing be put on a stairway but if it is not an ingress or egress staircase, it is not a building code requirement. Schoenzeit asked if there are weekly church services on the property. Curtis indicated the sign on their property indicates that they do. Item #01 - PC Agenda - 03/17/2014 Approval of Planning Commission Minutes 02/18/2014 [Page 2 of 11]