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HomeMy WebLinkAbout06-19-1995 Planning Commission Minutes' PLANNING COMMISSION COUNCIL PUBLIC ATTENDANCE MEETING DATE J' , `t, / C I I c,'� PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) 1. 2. 3. 4 5. r� 7. 8. 9. 10. 11. 12, 13. 14, 15. 16. 17, 49 20 PRESENT FOR (from agenda) ADDRESS NAME OR NUMBER sco ED 'v 1C SL �mji& -jts Lane. -P( rvw,,Yl -4Z( ?( " ti[ w' j" 'iiZc'i1 " 5 01 IT C F ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 19, 1995 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Stephen Peterson, Charles Schroeder, Sandra Smith, Dale Lindquist, Candace Rowlette, Charles Nolan, Jr., and Janice Berg. The following represented the City Staff- Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost. Council Member Goetten and Mayor Callahan were present. Chair Peterson called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION MEETING ( #1) #2025 MICHAEL PLANK, 4115/4145 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - 7:00 -7:08 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Plank was represented by his surveyor, Mark Gronberg. The sketch plan was reviewed at the last Planning Commission meeting. The applicant followed the recommendations for the preliminary subdivision. The road outlot has been • platted. There is no back lot reconfiguration. Lot 2 does not have to meet 150% of area and width standards. A width variance will be required for Lot 2 adjacent to cul -de -sac. Septic testing revealed adequate soils for on -site alternate site location. The applicant was informed that if Lot 1 was subdivided in the future that the northern lot would no longer be able to access from Watertown Road. An upgraded road was asked for if the three lot subdivision were to be done. The applicant's representative inquired if the current standards at the time of future subdivision do not ask for an upgrade, if the applicant could go to what the standards say at that time. The loss of trees were discussed. Mabusth said this would be looked at when Lot I was further subdivided. Smith asked what the future desire for the property is according to the applicant. His representative said Plank would like to subdivide the remaining property into two lots at some future date. Plank was reported to say he has no objection to the requirements but wants it open to what the standards are at that time. During public comments, Mark Jones, a Realtor with Burnet Realty, said the 6 acres with the house has been sold contingent upon approval of the subdivision. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 C�1 �#2�?S 1!/fr••l,�Pt p��r,L _ !'..., *rr „oril Commissioners agreed that changes to the plans were made as asked. Mabusth noted a newly defined designated wetland on the property. Mabusth commented that a vacation of the utility and drainage easement on the old shared lot line would be asked for when further division occurs. Lindquist moved, Smith seconded, to approve Application #2025 with the Staff recommendations 14, and with the understanding that if Lot 1 is subdivided, it will be subject to the standards and ordinances at that time. Ayes b, Nays 0. ( #2) #2029 WILLIAM F. SMITH, 2580 FOX STREET - PRELIMINARY SUBDIVISION - 7:50 -8:30 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Smith was present. At the last meeting of the commission, Smith was asked to gain access to the newly created lot from Fox Run. Four property owners have sent letters voicing their opposition to the use of this access. The applicant's subdivision proposal requests the use of the . existing easement driveway to serve all three lots. It was noted that there is 2+ acres of dry contiguous land to the west of the driveway. Mabusth said another alternative sueaested at the sketch elan review would be to allow a second curb cut to serve the new lot, but that would conflict with the City's comprehensive management plan for rural areas. An earlier subdivision stipulated a disclaimer that if an additional lot was created, a private road would be needed to serve 3 lots. To satisfy the current code, a 24' wide paved road would be needed with a cul -de-sac within the only area available, a designated wetland. Mabusth said if division was considered a back lot/front lot configuration, an outlot at 30' width could be installed along the east lot line. Lot 2 would have to continue using the existing drive. There would be minimal encroachment of the designated wetland. The applicant would like the Commission to recommend using the existing driveway for the lot. Smith has added 4” of new gravel, which has already conformed to the ruts. The applicant will bring in a blade to cut the drive to make it uniform and then crown it for Droner drainage. Smith said this would be done to all of the driveway and the turnaround areas. Mabusth noted that the on -site septic tests confirm suitable area for septic treatment on Lot 2. There would be contiguous 2 -acre of dry land to west of easement drive that intersects Lot 2. • 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 ( #2 - 92029 William Smith - Continued) Lindquist was informed that Lot 1 cannot be further subdivided due to the wetlands. Lindquist said this would mean that there would be a maximum of three lots served by the driveway if approved. The Applicant asked the Commission to consider the similarities with the Stronghold subdivision. where a 30' outlot roadwav was aonroved. which abuts the McMillan property. This roadway would also extend no further. The majority of the driveway serves two existing residences; the new drive would turn off immediately. Mabusth said this is a narrow gravel easement drive. The Stronghold property is served by a paved platted outlot. There is a 14' designated easement, but the actual driveway is 10' in its present state. Mabusth said there is a need to retain the 26' setback from the wetlands. It was noted that there is a loop or turnaround adjacent to the home that could meet the needs of the fire department if necessary. Smith said if the application is approved, the barn will be relocated. A larger turnaround could be created where a large vehicle could drive in. back up and drive out. Smith plans on creating additional parking for the approach to the house. isPeterson said the City is looking at the driveway issue in general. The fire and police departments would like larger turnarounds. No changes have been made to the ordinance as yet. Peterson recommended maintaining the drive without paving. Smith said if an immediate cut were made, it would affect large trees and is also where the septic enters the property. So as to not disturb the topography of the site, Smith asked for a cut from the driveway further to the north. Lindquist would like to see the driveway easement be wider than 14'. Mabusth said this may create a problem in getting 2 acres dry contiguous. Smith said the original cut was 14' and vegetation has encroached into the 14'. Mabusth asked Lindquist if he felt the outlot or easement should extend all the way to Lot 3. It was noted that the middle lot is owned by another person, and the City has no authority to include advising this property as to the need to now create a driveway outlot. Smith asked that the first portion, 50'- 75',of the drive extending to the first turn off be wider and base the width on the space available rather than the 15' outlot. It was noted that changes to the middle lot could trigger pulling the scenario all together. This lot is not large enough for subdivision. Mabusth ouestioned why the applicant would join in the subdivision? Smith said the owner of the lots informed him the turnaround was available for emergency vehicles. Smith said he is willing to do what is necessary to allow rigs to enter the upper lot. u MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON TUNE 19, 1995 ( #2 - #2029 William Smith - Continued) Beth Casody, owner of Lot 2, said expanding the width of the drive defeats the purpose of maintaining the aesthetics of the area. An expansion would encroach on the trees. The area is well populated by wildlife. Casody said she would be happy to maintain the circle for emergency vehicles. Lindquist said the initial wider road up to the first driveway would be preferred for safety reasons. Gordon Buhrer, owner of property to the west, said he appreciates the narrowness of the existing road. If the road had to be widened, Buhrer felt it would encourage more traffic; and did not see any reason to widen it if the neighbors each preferred to keep it narrow. Commission members did not believe the the amount of upgrade being discussed would affect either the privacy or the aesthetics. Maintenance would be required, however. In discussing how wide the driveway should be, Mabusth noted there are no standards in the code for driveways. Schroeder commented, if we now were to have three homes on the driveway, it would technically be a road, so the Commission is able to discuss the width. Rowlette commented on the inability to pass on the road. Nolan said the 4" of gravel for the driveway is insufficient. Smith said there was also a 6" underlavment. Casody reported on a moving van's ability to manuever and make a complete circle on the turnaround in Lot 2. Casody also noted that meeting another car on the drive only required a 15' backing up movement of a vehicle. Smith cautioned about setting a precedent, citing the Stronghold property being paved with a cul -de -sac. Mabusth said the paving was completed after the fact and noted the Council had dealt with the same issues on the Melamed subdivision. Rowlette moved, Lindquist seconded, to approve Application 92029 for variances to the subdivision regulations with the stipulation that additional property be available on the first lot to remain at 2 acres to allow widening and upgrading of the driveway to the location of the new curb cut off the driveway. The 10' existing driveway will be widened to at least 18' with gravel. The remainder of the driveway acccessing the other two lots will be widened to a 12' width. An outlot will be designated through Lot 2. The applicant asked what would happen if the wetland rules were relaxed in the future. Mabusth said the proposals all would be subject to current code. Ayes 7, Nays 0. 4 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 ( 0) #3031 BRUCE R KELLY AND IRMA J, KELLY, 2340 FOX STREET - PRELIMINARY SUBDIVISION - 8s30 -8!45 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. & Mrs. Kelly were present. The property in question is located at the intersection of Fox Street and Willow Drive in a RR B zone requiring 2 acre minimum lot size and 2 acres of contiguous dry buildable land. The applicants propose a shared access at the existing curb cut, which has been approved by the Engineer. Mabusth cautioned the owner that the driveway easement would have an impact on division of Lot 1 in the fixture. The area of the vehicular easement must be excluded from dry land area. It was noted that the top of the hill at the east side of the new lot was an acceptable location. Mabusth said there was a problem with the septic testing. The existing septic system serving residence is located on Lot 2 and would not meet current septic standards. Mabusth noted there appears to be no problem with the septic sites on the new lot, but Staff is unable to locate the sites because the septic diagrams are not to scale. They need to be redrawn to scale. Mabusth said new septic testing needs to be completed for developed lot and a preliminary survey. An additional 5' is needed to have 200' of lot • width to the rear of the 50' street setback. The Applicant said both lots were over 200' wide. Kelly did not understand that the easement area is deducted from the dry buildable. The reason for the subdivision is to build a retirement -type home on the other lot. Kelly said the lot line was not necessarily fixed, but he only wanted to make it easy and simple. Kelly understands that two new septics are needed and cited a report saying there is adequate space on both lots for mound systems. He does not understand the need for tabling the application. Rowlette commented that the survey identifies the property. Kelly had thought the survey was certified. Rowlette said she could not approve the application without 200' on Fox Street for the new lot. Mabusth said structures need to be located in the field and setbacks confirmed from a fixed lot line, and the locating of structures through topograpical mapping does not satisfy requirements of a preliminary plat. Schroeder said, although the Commission can not act on the application, direction can be given. Schroder noted that the septic seems to meet the requirements. Rowlette said caution was needed so as not to destroy a future subdivision. Peterson moved, Nolan seconded, to table Application #2031 for City review of the septic sites and for a survey pinpointing structures and wells. Ayes 7, Nays 0. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 ACTION ITEMS ( #4) #2005 SAILORS WORLD MARINA & BOAT CLUB, 1955 SHORELINE DRIVE - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING - 8:45 -9:25 P.M. Mr. DeSantis was present. Mabusth noted that this application involves the first marina to apply for a conditional use permit for boat club use. Two requirements of the code are confirmation of an approved lanscaping plan and adequate parking. The marina has an approved landscape plan, and the City holds a Developer's Agreement and letter of credit to ensure completion. Mabusth noted a recent variance application for marina approval was conditioned on additional off -site parking. 46 stalls are required and 41 are available. There are 66 rental slips available. Desantis said 4 stalls are not usable and 9 are maintained for the boat club. There is an accessory structure located in one stall. The Applicant provided an in -depth memo on the impact and comparison of parking needs for boat club use and slip rentals. Examples were given for the different scenarios of 60, • 80, and 100 boat club members. It was further broken down into pre, peak, and late season levels. DeSantis voiced his frustration with the process. It is his opinion. that he is getting approval for a business he has already been doing for three years. • The club members numbered 24 in the first year and 50 members the last two years. DeSantis uses the current formula of 7 people per 1 stall for rental use for boat club members at 60 user level. The Applicant maximizes his business via the boat club use. He looks at the levels of usage to pinpoint his growth. When the boat club is using more parking space than is available, DeSantis will leave a slip open to compensate. His maximum use is projected at 46 stalls on the July 4th weekend. DeSantis emphasized his ability to control the parking by adjusting from club and rental uses. DeSantis uses several methods to limit the parking. He asks people to drive together to control the over use of the parking stalls. Parking passes are placed on the vehicles to regulate the parking. Towing can be done for violators. 12 stalls may be used at the Art Center for overflow if needed. Peterson recommended this relationship be maintained for future overflow parking use. DeSantis noted the difficulty in working with the MPCA over the soil contaminations. A probe is being done to see where the contamination comes from. The landscaping plan needs to be worked around this pollution problem. 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 is (#4 - #2005 Sailors World - Continued) The retail operation was questioned. 8 stalls are reserved for this operation. DeSantis said he no longer sells or wholesales boats. The general public does frequent the retail operation part of the year. Rowlette noted that 2 stalls were probably sufficient for this use. There were no public comments. Lindquist asked about the request for 60 memberships and the growth potential. Peterson was concerned with overgrowth, noting the parking spaces at the Art Center. DeSantis said his operation would be maximized at 100 club members. Peterson asked how the Art Center parking was handled. DeSantis said the patrons are followed there. The member is responsible for his party and allows only 1 car per party. This is monitored. DeSantis said his facts were compiled from his records. Peterson asked how mnay members DeSantis was asking approval for. DeSantis would like a ceiling of 100. Schroeder asked how often the Art Center is being used. DeSantis said his need is during prime season only, 6/15 -8/15, with 10 -12 stalls. At this time, he has been able to park 10- • 12 at the nearby gas station. Mabusth said if a number of memberships were approved and the number was to change, DeSantis would have to reapply for the CUP. Mayor Callahan commented that if the concern was over parking, the approval could be conditional on the number of stalls. Callahan noted that once the CUP is completed, it is difficult to measure the membership. • Schroeder said this would be incumbent on the good relationship with the Art Center, and the number of off -site spaces allowed would become the issue. Lindquist recommended approval be based on a maximum on the number of off -site parking stalls provided. Lindquist moved, Schroeder seconded, to approve Application #2005 for a conditional use permit to provide 25 off -site parking stalls for a maximum of 100 boat club members. The final installation of the landscaping plan cannot be completed until the EPA issue has been settled. Once this is resolved, the Applicant has 60 days in which to fulfill the landscaping plan, or by 6/15/96 if resolution occurs during the winter months. Yearly certification of the parking arrangement for the 25 off -site stalls shall be submitted with the annual commercial marina license application. Ayes 7, Nays 0. • 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING BELD ON JUNE 19, 1995 ( #5) #2020 JAMES BRUCE, 565 LEAF STREET - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7:08 -7:49 P.M. Mr. Bruce was present. The application was tabled at the last Planning Commission meeting subject to applicant submitting an amendment of the covenants of the Stielow Addition. The application is for a three -lot subdivision with a lot line rearrangement. The lot fine rearrangement will provide the additional area needed to fulfill area requirements for 3 lot division. Lots I and 2 will be accessed from Oxford Road, which is a private road, with Lot 3 served by public road. The accessory structure on Lot 3 will be removed prior to final plat application. The Engineer has asked for a 15' sewer utility easement along north lot line of Lot 1 to serve the church property to the east. There had been public concern over tree removal with the house pad location on Lot 1. Bruce said he has not changed the property's house pad location. Bruce did meet with the neighbors to the north, who have a swimming pool located 50 -60' from the property line. Bruce said the neighbor was concerned over impact on the users of the swimming pool. A neighborhood meeting was held regarding the covenant bylaws. It was found that the property owner to the north's only desire was not to be able to see a house from their property, but gained no support from others, as they felt this was unreasonable. As far as the tree removal issue is concerned, Bruce said he would agree to plant pine trees. The Nelson's, the neighbors to the north, were not convinced that this solved the issue, but did agree, according to Bruce, that the building pad fits into the normal setback. Peterson clarified with Mabusth that the covenant amendment was signed and meets the required issues for this property's subdivision. Bruce said the covenant was established in 1978, and this would be the third time the covenant has been amended, Mabusth said a width variance is required for Lot 3 due to narrowness of land at 199.98 feet rather than the 200 feet required. The applicant is asking for a vacation of the existing easement over the drainageway in Lot 1. The Engineer has reviewed this request and noted it can be redesignated to 20', where 40' had been dedicated in the original plat. Mabusth said this was an ambitious designation and is not needed. Mabusth advised that applicant proposes no change in drainageway. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 • ( #5 - 92020 James Bruce - Continued) Lindquist asked of the utility easement. Mabusth asked for Planning Commission's opinion and noted that the Engineer did recommend an easement be granted for future sewer extension to east. The property is not within MUSA, and the Engineer said that this would be the time to gain the easement. A sewer line is located on Oxford Street. Cook had recommended the 15' easement along the north lot line. The applicant had no problem with this, except for the issue of trees. All agreed that this would be the time to gain the easement but had reservations as to the location and the impact on tree removal. Smith asked what the worst case scenario would be regarding the easement and tree removal. Mabusth said based on the elevations, the excavations would be deep, calling for wider easement areas. This would result in a major loss of trees if installed at north lot line. The Planning Commission recommended an easement and discussed its location. Nolan noted that an easement would normally be placed to the outskirts of the property line to eliminate interference with building pads. In this case, though, the easement could be in the middle where the drainage easement is located as no construction can occur at this location. Lindquist recommended the City Engineer review and determine the location for less impact on tree removal. The 15' minimum easement location determined by the • Engineer will be reviewed with the applicant. Rowlette would like to see the house located on the other side of the drainageway. Mabusth said the City lacks the control to stipulate the house location. The building pad location was determined by Bruce's judgment of the aesthetics. Bruce felt the customer would choose this particulate site for a home. Bruce also said the value of the lot would be restricted if he could not build on 50% of the lot. He again reiterated that he is sensitive to the trees on the lot. Nolan asked about restrictive covenants to save trees. Bruce replied that he had previously agreed at meeting with neighborhood not to cut trees from the setback area to the north and trees west of the proposed house. Rowlette asked why Bruce wanted to keep two existing driveways on Lot 3. Bruce said the driveway to the north would serve a tuckunder garage. What exists now is a driveway 9 -10' wide, and Bruce feels it is not causing any impact on the property. Bruce would like to leave options open as alternative ways to approach a building. The driveway between Lots 2 and 3 would also remain where the existing house is occupied. Construction vehicles would be using this driveway. The Planning Commissioners had no problem with this usage. There was no concern with church activities. If problems arose in the future, they would be addressed at that time. • • 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 ( #5 - #2020 James Bruce - Continued) Lindquist moved, Schroeder seconded, to approve Application #2020 for a preliminary subdivision. The City Engineer would determine, thru a meeting with Bruce, the location of the easement, whether along the northern 15' of the lot or along the drainageway. A lot width variance is recommended for approval as well as the access layout for Lots 1 and 2 served by Oxford Road and Lot 3 from Leaf Street. The guest house on Lot 2 cannot function as an independent residential unit, only as a part of a residence. An additional 5' is required along with the 10' dedication of the utility /sewer easement. The driveway to serve the house on Lot 2 is allowed temporary use while the residence is in use or until developed. This would be removed prior to final inspection of home. Ayes 7, Nays 0. (#6) #2021 JAMES HALE /JAMES BRUCE, 575 OXFORD ROAD AND 565 LEAF STREET - SUBDIVISION OF A LOT LINE REARRANGEMENT - CONTINUATION OF PUBLIC HEARING - 7:49 -7 :50 P.M. Mr. Bruce was present. Lindquist moved, Schroeder seconded, to approve Application #2021 for a lot line rearrangement as presented with Staff recommendations. Ayes 7, Nays 0. ( #7) #2023 BETTY SUMNER, 3131 CASCO CIRCLE - VARIANCE - PUBLIC HEARING 9:25 -9:32 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mrs. Sumner was present. Mabusth reported that the application is for paving improvements within the lakeshore yard. Underlaying plastic is being removed and replaced with concrete pavement under a second story deck as well as concrete pavement by the garage door. Hardcover exists at 42.9%, and there are no changes to this figure. 750 s.f., or 4.2 %, of permanent, non- structural hardcover is being added. The pavement would not extend beyond the deck. There is crushed rock on the shoreline where exposed earth is located on a slope. There is no underliner but bits and pieces of old plastic only. This is not rip -rap. Mabusth noted that she did not think this would solve the erosion problem. Mabusth asked the Commissioners if this application should have been required to come before the Commission for approval. Rowlette said yes, noting that in some applications reductions in hardcover could be made. There are none for this application. Hardcover improvements were reviewed. There is a drive, house with deck and limited walk providing access to residence. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING BELD ON JUNE 19, 1995 ( #7 - #2023 Betty Sumner - Continued) Nolan moved, Schroeder seconded, to approve Application 92023 for hardcover variance to install permanent, concrete pavement. Ayes 7, Nays 0. ( #8) #2024 JAMES WILSON, 2565 LYDIARD AVENUE - CONDITIONAL USE PERMIT - PUBLIC HEARING 9 :36 -9:53 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Wilson was present. The Application if for a conditional use permit to allow the continued residential use of the property as a non - conforming use in B -4 zoning. This use has existed since 1959. A fabric shop was located in the residence structure up to the mid 1980's. The B-4 office professional use would allow the applicant to operate a CPA business with 2 full and 1 part-time employees four months out of the year. A second office is being proposed. There is no expansion. The property is within 1000' of the lake. The majority of the paving improvements and structure are outside of this area. No hardcover variance is being asked for or required. •The Engineer has reviewed the site plan improvement for the property. There will be 3 off - street parking stalls on the south side of the existing drive. It was desired to close off access to the north, but it would not be safe to do so. The bushes are in need of trimming at north curb cut. Applicant must contact County to work within right of way. Wilson should also contact Clair Rood for permission to cut trees if necessary. Lindquist asked where patrons of the accounting firm would park during tax season. The applicant said only one client would be there at one time. Schroder believed this to be a good use of the property and inquired about a sign. Wilson said he would be using a 4'x8' sheeted plywood sign. There was found to be no problem with this sign. Nolan asked if the use was grandfathered in. Mabusth said the code would allow the continued non - conforming use as the resident use exists to current time. Nolan also asked if this was two primary uses on the same site, and if this is a problem. Mabusth said there was nothing in the code to address the mixed use. Planning Commission noted the commercial part of the property faces Shadywood Road and the residential faces Lydiard. 11 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 ( #8 - 2024 James Wilson - Continued) There were no public comments. Mabusth said neighbors called in support of this application. Berg moved, Rowlette seconded, to approve Application #2024 for a conditional use permit with conditions 1 and 2 as noted. The number of employees is limited to 4, Any further expansions would need to be reviewed. Ayes 7, Nays 0. (#9) #2426 NEW HORIZON CHILD CARE, 875 WAYZATA BLVD. - VARIANCES - PUBLIC HEARING 9:53 -10 :10 P.M. The Certificate of Mailing and Affidavit of Publication were noted. New Horizon was represented by Sharon Bergen. The Application is for a height and signage area variance. The child care facility is in a residential zone but use permitted through a conditional use permit. Surrounding uses of property were reviewed. The signage is limited to 12 s.f and would not be easily seen. New Horizon is asking for additional signage. The topographical conditions require that travelers be alerted to the child care center's location. The entrance is to the east and the facility is to the west. There is a drop in elevation adjacent to road. The nearest residence is 400'+ away. The property is adjacent to the Luce Line. The Applicant is asking for a illuminated 6x6 New Horizon sign located near the facility. An entrance pylon would not be lit but would be 4x4' in size and 17.8' high. These signs are both two- sided. Mabusth said she was not aware that the signage was two-sided. The Applicant said this could be changed if needed. Nolan commented that the height of the signs was an issue. The need to know who is there and how to get there is needed but these dimensions seemed too high. The Applicant said the grade of the area required the height variance. At present, parents of the children are finding it difficult to see the entrance. Commissioners discussed the height and from where the grade level needs to be established. Schroeder was concerned over the need for a sign for safety reasons and then the reason of advertising only. He suggested the Applicant speak with the highway department about a "blind spot" or "watch for children" sign if they were concerned with safety. Peterson said his children had gone to this center. It was his opinion that the sign and driveway were terrible. Peterson was not in favor of a big commercial lit sign next to the natural Luce Line trail. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 (#9 - #2026 New Horizon Child Care - Continued) Lindquist was concerned with granting a variance for a sign without first addressing the safety of the entrance. A sign would not solve the safety issue. Schroeder questioned whether a lit sign would accomplish a safe entry. Nolan noted the lighting intensity would also be a factor in considering safety. The Applicant said the entrance sign would not be lit in order to be sensitive to the natural area. The other fights are on timers and would be lit only during the daytime hours or when the center is being used. Mabusth said this is a residential area, and lighting of signage was not necessary when facility is closed. Peterson said the regulations should be adhered to in this case. Nolan did not necessarily agree. He commented that the 12 s.f sign allowance would probably not be adequate. The canopy over the doorway was said by the Applicant to provide shelter for the parents and for security. It would be lit when children are coming and going. The issue of how this was lit was discussed. Peterson asked for electrical detailing on the canopy. Nolan was concerned that this again was an advertising sign. Schroeder asked the Applicant to speak with the Dept of Transportation for assistance in making the entry safer. Smith moved, Schroeder seconded, to table Application #2026 to gain further feedback. • Ayes 7, Nays 0. ( #10) #2027 RICHARD LEE KAIL, 3753 CASCO AVENUE - VARIANCE - PUBLIC HEARING 10 :10 -10:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Kail was present. Kail lives in the residence on the property. The Applicant is asking for an area variance for a new residence which will meet the setbacks. There is a designated wetland in the corner of the property. As the property is sewered, the Applicant will receive credit for this wetland. There are City owned parcels located to the south which functions as a retention area. There would be no impact on any other property from drainage from the new construction. The alley is platted but serves no purpose. A suggestion was made as to the vacation of this alley. Smith commented that this would be the time to clean up the property. There were no public comments. • 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 ( #10 - #2027 Richard Kail - Continued) Rowlette moved, Berg seconded, to approve Application #2027 for a lot area variance with conditions 14 as listed. The Applicant would have 30 days after receiving the occupancy permit to comply with condition #4. The property is also to be cleared of outside debris and cleaned up. Ayes 7, Nays 0. Kail inquired about the vacation of the alley. Kail was informed this would be a separate process and would require a public hearing. He was further informed to contact John Gerhardson. ( #11) #2030 RICHARD LAVERE, 995 WILDHURST TRAIL. - VARIANCES - PUBLIC HEARING 10:15 -10:30 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. LaVere was present. The Application is for an average lakeshore setback variance and hardcover variance for an upper level deck at the lakeside of the residence. A 1992 variance for a 20'x31' garage stall addition made by a past owner required removal of 210' of landscape plastic and removal of a garage. This has been complied with. Hardcover is now at 4900 s.f. or 35.41 ° /n. The deck would be 8' wide and expand to 14' maximum depth for 10' length. A small concrete patio exists beneath proposed deck. There is also a sidewalk beneath the deck offsetting an additional 90 s.f. The drawing is not to scale and shows 5082 s.f of hardcover, wherein. the survey shows 4991 s.f. The plans provide no detail on area under the deck. The Planning Commissioners said they had no problem with the average lakeshore setback variance. Lindquist was concerned with the driveway and requested hardcover numbers be verified. Rowlette asked that no application be reviewed in the future without forms being completely filled out. She also asked that the hardcover stay at the amount it presently is or be reduced. Rowlette noted in speaking with the owner at the property, a canopy would be removed and recommended to them that the deck did not extend beyond the windows. It was also recommended that the patio underneath the deck be removed. The present deck is planned to extend the whole length of the house. Commission asked that the worksheet be completed prior to this application going before the Council and hardcover be no more than 3 5.41 %. • Schroeder moved, Nolan seconded, to approve Application #2030 subject to hardcover supported by worksheet at 4900 s.f. or 35.41 %. Ayes 7, Nays 0. 14 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 19, 1995 PLANNING COMMISSION COMMENTS ( #12) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF JUNE 12, 1995 - STEVE PETERSON Peterson informed the members of the results of the Council meeting of June 12, 1995. Discussion of these results followed. ( #13) OTHER ISSUES FOR DISCUSSION No additional issues were discussed. ( #14) PLANNING COMMISSION APPROVAL OF MINUTES OF THE MAY 15, 1995 MEETING Lindquist moved, Schroeder seconded, to approve the Minutes of the Planning Commission Meeting of May 15, 1995. Ayes 7, Nays 0. ( #15) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE JULY 10, 1995 MEETING OF THE COUNCIL • Sandra Smith will attend the July 10 meeting of the Council. • ADJOURNMENT Rowlette moved, Berg seconded, to adjourn at 10:35 p.m. Ayes 7, Nays 0. OR