08-19-2013 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 15, 2013 6:30 o’clock p.m. _____________________________________________________________________________________ Page 19 of 23 Gaffron stated if you look at the history of how the property has been valued over the years, there are times when the value has been bumped up and that it is his belief that was probably the function of a different assessor looking at it for the first time. Gaffron stated the property does have some value but the other neighboring properties have a much higher assessed land value as compared to this property. Thiesse questioned what the value of the property would be if the owner cannot have a dock and the trees cannot be cut down. Thiesse stated in his view the property value is minimal. Gaffron concurred the value is minimal and that the owner would need to talk to the assessor to determine how they view it. Obviously the property owner can also talk with the city assessor about changing or lowering the value or they could attempt to sell the property to the adjacent property owner whose property surrounds it. Gaffron noted the City twice in the past chose, for whatever reasons, not to purchase it when they had the potential opportunity to purchase it. Gaffron stated from a drainage perspective, this property is a perfect place to put a stormwater pond, which is something that is worth looking into. The property has not gone into tax forfeiture. Gaffron stated to answer Commissioner Thiesse’s question, there are some options available to the owner, but that in terms of how the property is used, they are not allowed to have a dock. Gaffron indicated the property could be used for picnicking and is open space but that he is hard pressed to come up with other specific uses for the property. Landgraver stated the options for the property are not particularly attractive. Whether the property floods or not is probably not a Planning Commission issue but it is a concern for the neighbors. Schoenzeit moved, Lemke seconded, to recommend denial of Application #13-3614, Fred Johnson, 1565 Orchard Beach Place, based on Findings 1 through 10 outlined in Staff’s report dated July 11, 2013, and based on the finding that in general the proposal is not compatible with the neighborhood. VOTE: Ayes 6, Nays 0. 6. #13-3616 CITY OF ORONO, AMENDMENT OF ZONING CODE CHAPTER 78, ADD SECTION 78-1379, ALTERNATIVE ENERGY SYSTEMS, 8:11 P.M. – 8:38 P.M. Gaffron stated before the Planning Commission tonight is a proposal to add Section 78-1379, Alternative Energy Systems. Included in the Planning Commission’s packet is a draft alternative energy systems ordinance as well as a volume of information that includes other cities’ ordinances and various documents from state and other regulatory agencies. The City Council adopted the Accessory Uses and Structures Amendment approximately one month ago. The earlier drafts of that included solar electric, solar thermal systems, and geothermal systems in the list of allowed accessory uses within each zoning district. The final adopted ordinance did not include solar or geothermal systems but the Council directed Staff to proceed with establishment of a new separate code section regarding Alternative Energy Systems. Included in the draft amendment are some definitions for four specific alternative energy systems, and they include solar energy systems, geothermal energy systems, wind turbine systems, and outdoor wood boilers. These are typically the topics that other cities have included in their alternative energy systems ordinances. Gaffron noted he is not aware of any wood boilers in the City at the present time. There is Item #01 - PC Agenda - 08/19/2013 Approval of Planning Commission Minutes 07/15/2013