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HomeMy WebLinkAbout06-15-1998 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith,William Stoddard, Elizabeth Hawn, Dale Lindquist; Janice Berg and Lili McMillan arrived at 6:36 p.m.; Charles Schroeder arrived at 8:40 p.m. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:34 p.m. PUBLIC HEARINGS OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2364 JOHN SERENA,4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT, 6:31 p.m. -6:39 p.m. Mr. Serena was present. • Van Zomeren reported this application was previously tabled at the May 18. 1 998 meeting due to the applicant not being present. Van Zomeren stated the applicant is requesting a conditional use permit to convert the former house at 4607 Watertown Road into a pool house. The property at 4605. consisting of five acres, and the property at 4607, consisting of 2.0164 acres, will be combined. Staff recommended approval of the conditional use permit for a guest house to be used as a pool house provided the structure meets all current building code requirements and the pool house is maintained for the sole use of the occupants, including domestic employees. or their non-paying guests, of the primary dwelling and not used as a rental or dwelling unit. There were no public comments. Hawn moved, Lindquist seconded, to recommend approval of Application #2364 for the property located at 4607 Watertown Road, including: 1) conditional use permit for a pool house; 2)the combining of Lot 4605 with Lot 4607 to be known as 4605 Watertown Road; 3) the pool house is strictly maintained for the sole use of the occupants, including domestic employees, or their non- paying guests, of the primary dwelling and not used as a rental or dwelling unit; and 4) follow City Staff recommendations as listed on Van Zomeren's report of May 13, 1998. VOTE: Ayes 4, Nays 0. (#2) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES, • 6:39 p.m. - 7:39 p.m. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#2 - #2368 Kirk Otteson — Continued) Mr. and Mrs. Otteson were present. Van Zomeren stated this application was considered at the May 18. 1998 meeting and was tabled due to concerns about the proposed addition to the existing structure and its impact on the ravine. The building official has had an opportunity to visit the site and indicated that he does not think the proposed addition will have a negative impact on the ravine because of the existing vegetation and that there would be little if any impact on the "top of the bluff' line. Van Zomeren stated the applicant is requesting a hardcover variance to construct an addition and a deck on the lake side of the existing residence. A bluff setback is required because the proposed addition is located between the top of the bluff and the 30 foot bluff setback. with an average lakeshore setback also being required. Van Zomeren noted the existing hardcover is 3,100 square feet with the proposed hardcover being 3,310. The applicant has proposed to exchange non-structural hardcover in the driveway and sidewalk to add the decks and addition. Staff did not recommend removal of the sidewalk and parking area because of safety concerns. There were no public comments. Hawn noted this structure was built before the bluff ordinance was in effect, but stated she is not in favor of setting a precedent by allowing further encroachment into the bluff line. Hawn stated in the past she has voted in favor of replacing or enclosing existing decks. • Otteson stated he was under the impression the Planning Commission was not opposed to the addition. Stoddard remarked the Planning Commission attempts to look at each application on a case by case basis, noting that in order to make a recommendation, the Planning Commission needs to know whether this application falls within the bluff ordinance. Stoddard stated he did not have a problem with the application, noting the building inspector did not feel it would have a negative impact on the ravine. Van Zomeren indicated it was her opinion that it does fall within the bluff ordinance due to the rise of the land. McMillan noted the bluff would make the lot almost unbuildable if the residence was new construction. Chair Smith recommended that the possibility of erosion be taken into account. Chair Smith pointed out that it is the Planning Commission's responsibility to assess the implications of the ordinance as it relates to each particular property before a decision can be reached. Roger Wickman stated they were under the impression from the previous Planning Commission meeting that they needed to show the drainage impact on this property rather than the impact to the bluff. Chair Smith inquired whether the new addition could somehow be constructed without encroaching upon the bluff. Smith also stated a need to reduce hardcover without removal of the sidewalk. 2 y st ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#2 - #2368 Kirk Otteson — Continued) Upon inquiry from McMillan, Van Zomeren noted that the City Engineer has not reviewed this property nor made any calculations on how the drainage would be impacted if this addition was built. Stoddard stated the City Engineer may need to review this property to ensure that the drainage concerns are adequately addressed. Otteson stated he would be willing to reduce the current hardcover by possibly removing the deck on the lake side and would prefer living space to a deck. The applicant stated he would like to stay away from the bluff line as much as possible, noting that he has attempted to comply with the Planning Commission's requests. He questioned the top of the bluff line since the area under discussion was very flat. Van Zomeren confirmed that the top of bluff was determined by a surveyor. McMillan stated she also is concerned about setting a precedent with the bluff ordinance if this application is approved as submitted. Chair Smith suggested tabling the matter until later in the meeting to allow the applicant more time to consider the various options open to them. Hawn stated she would like to sec hardcover stay the same or be reduced. no encroachment into the bluff, and enclosure of the back deck. Hawn commented the new entryway is fine.. with the proposed addition not extending beyond the red line. Lindquist stated he would be in favor of extension to the red line unless the bluff line changes. • McMillan noted agreement with Lindquist. Otteson stated he would be willing to comply with the red line and would submit revised drawings. Van Zomeren noted the proposed hardcover is at 29%. and recommended tabling the matter to allow City Staff time to review the revised drawings. Lindquist moved, Smith seconded,to table Application 2368 to the July 20th Planning Commission meeting based on City Staff recommendation. VOTE: Ayes 6, Nays 0. (Agenda Item#3 follows Item#4.) SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#4) #2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD - PRELIMINARY CLASS II SUBDIVISION, 7:40 p.m. - 7:51 p.m. Christine and Gary Valerius were present. Van Zomeren stated the preliminary sketch plan has been reviewed by the Planning Commission at their May meeting and City Council at its May 26, 1998 meeting. The applicants are proposing a two lot division that includes creating one new lot. A small portion of the parcel is located in the RR-1A zoning district, with the remainder lying within the LR-I A zoning district. Van Zomeren noted the • total lot area for Lot 1 consists of 2.23 acres, with 1.38 acres being buildable. The newly created Lot 1 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#4 — #2383 Christine and Gary Valerius — Continued) will require a variance for wetland credit and lot width. Lot 2 consists of 2.28 acres. with 1.93 acres being buildable. Wetlands comprise a total of 1.2 acres for Lots I and 2, which will require standard drainage and wetland easements. Council had directed that the new lot could be sewercd. An application has been made to the Watershed District for stormwatcr review. Van Zomeren stated the existing access to the site is a private driveway off of Bayside Road. The applicant needs to supply a well location map and a utility construction plan prior to final plat approval. Christine Valerius stated she will be requesting a wetland credit. Valerius stated Hennepin County has approved the driveway access. Stoddard questioned the need for a lot width variance. Van Zomeren stated the combined lots fall five feet short of the required 400 feet for lot width. No additional land is available for acquisition to avoid the need for a variance. Van Zomeren noted only Lot 2 would have lake access. There were no public comments. Lindquist moved, McMillan seconded, to approve Application #2383 for a two lot subdivision of the property located at 3750 Bayside Road that includes creating one new lot, a lot width variance and wetland credit per Staff recommendations. VOTE: Ayes 6, Nays 0. SOLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#3) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD - VARIANCE AND CONDITIONAL USE PERMIT, 7:52 p.m. - 9:04 p.m. Mr. and Mrs. O'Keefe were present. Gaffron reported that the Planning Commission previously reviewed the application at its May 18, 1998 meeting. The applicant is requesting a hardcover variance as well as a variance and conditional use permit for grading within five feet of a lot line and within the 0-75' lakeshore protected area to permit construction of a new residence to replace the existing residence. Gaffron stated the 0-75'protected area exists on both sides of the lot which might constitute a hardship. At its last meeting the Planning Commission recommended that the Applicant limit the hardcover to 40%in the 75-250 setback, if possible, and to eliminate the walkout. The Applicant has submitted a revised site plan which reverses the layout of the house and eliminates the walkout, with some proposed changes to the driveway to reduce the hardcover. Gaffron stated a hardcover variance, a conditional use permit and variance for excavation are required. Staff recommended limiting hardcover to 6765 square feet, with the allowable hardcover in the 75-250'zone limited to 25%. Gaffron noted the revised plan calls for 42.8%hardcover. If the 75 foot setback on both ends of the parcel is taken into account, the proposed hardcover would be around 33%. In order to grant a variance, the Planning Commission must determine whether a hardship exists with regard to the • side setbacks. 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#3 - #2370 Gary O'Keefe — Continued) City Staff is recommending submittal of a revised grading plan, limiting the hardcover to 6765 square feet overall, no walkout, and evaluating whether grading of the hill is appropriate in the 0-75' zones. O'Keefe stated he is willing to reduce hardcover by eliminating a portion of the driveway. Chair Smith commented she had hoped the hardcover discrepancy could have been resolved prior to tonight's meeting. O'Keefe stated that he calculated the hardcover at 8,665 square feet based on his own measurements. Gaffron noted that the staff did not calculate the current hardcover but relied upon an existing survey. Gaffron commented he would prefer having the O'Keefe's surveyor calculate the amount of hardcover currently existing rather than have City Staff review the property. Gaffron indicated a bigger issue for the Planning Commission to decide upon is what is the appropriate hardcover for this property. O'Keefe inquired why there are differences in hardcover requirements between Wayzata and Orono when they share the same lake. McMillan indicated Orono's ordinances governing hardcover are more restrictive. O'Keefe also indicated very little grading will be done in the area where the residence is presently situated. It was the concensus of the Planning Commission that a revised grading plan needs to be submitted in order to allow them to make a determination on a variance and conditional use permit. • O'Keefe indicated he would be able to supply a revised grading plan by Thursday. In response to a question by Chair Smith whether Mr. O'Keefe would be willing to reduce hardcover in the 75-250' zones, O'Keefe stated he would be in favor of reducing hardcover, noting that the Planning Commission had recommended hardcover be limited to 40%at its last meeting, which he has attempted to comply with. O'Keefe's architect has designed the residence with special pavers which would allow water to pass through. Commissioners agreed that grading to blend in with the neighbor's property was acceptable with an approved grading plan. Chair Smith inquired whether anyone from the public wished to comment on this application. Diann Goetten, City Council Representative, inquired why 40%hardcover was being recommended for this property. Gaffron reported that 40%in the 75-250' zone was suggested as a figure that could be obtainable for this parcel of land. Since the Applicant is now proposing to raze the existing structure, the property would be considered as a new buildable lot, and the standard hardcover requirements would be in effect. There was no further public comment. • Hawn stated she would like hardcover to be reduced from 40%, noting that no vote was taken on 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,1998 • (#3 - #2370 Gary O'Keefe — Continued) the 40%hardcover limit. Berg felt that the hardcover was excessive, and suggested the size of the house be reduced, noting that the Applicant should stay within the height restrictions for that zoning district. O'Keefe noted that hardcover was excessive because of the driveway design based on elevations, not because of a large house. Lindquist suggested the desirable amount of hardcover in his view would be 5731 square feet, or 25 percent of the area within the 75 -250' zone and the south 0 - 75' zone. Chair Smith stated the Applicant has the option of having the Planning Commission vote on the application as currently proposed or tabling the matter to allow the Applicant more time to consider the various options open to him. Smith felt the application as presently submitted would not be recommended for approval, and if denied, there is a mandatory six month waiting period before a new application can be submitted. O'Keefe stated he has attempted to comply with the requests of the Planning Commission. Gaffron stated the current proposal for the hardcover is at 33% if you take the 75' setback areas into consideration. In order to reach the 25%hardcover limit, the Applicant must reduce hardcover by 1900 square feet. O'Keefe asked how remodeling the existing house would affect hardcover percentages. Smith • responded that requirements are the same for both remodeling and new construction. O'Keefe requested the Planning Commission table the matter. Smith moved, Lindquist seconded, to table Application #2370. VOTE: Ayes 7, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#5) 2361 WILLIAM AND LAWAYNE YAEGER, 310 BIG ISLAND - VARIANCES, 9:05-9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Yaeger and their attorney, Win Curtis. were present. Gaffron stated the applicants are requesting a lot area/width variance and City designation of Lot 64 as an independent Record Lot in the RS District, and lakeshore setback, side setback and hardcover variances for construction of a new seasonal cabin to replace a pre-existing seasonal cabin, and a side setback variance for a gazebo. Gaffron noted the City rezoned Big Island from LR-iA-1 Single Family Lakeshore Residential Subdistrict to RS, Seasonal Recreational, back in 1983. Lots 64-65 and Lots 8-9-10-1 I were designated as Record Lot 15 by virtue of their common ownership by Roy Ahern. Yaegers have • subsequently purchased Lot 64 from Ahern, with Lots 8-9-10-11-65 being owned by Nancy Fames. 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#5 - #2361 William and LaWayne Yaeger - Continued) The Yaegers are attempting to purchase Lot 65, and if successful. wish to combine the two lots into Record Lot 15A. Gaffron stated a cabin was constructed on Lot 64, with the City issuing a stop work order for work occuring without a building permit in July, 1997. The new cabin replaces a pre-existing cabin but is in violation of lakeshore setback and hardcover regulations. The new cabin as constructed requires variances for lakeshore setback, side setback, 0-75' hardcover, and a full perimeter foundation. A gazebo located on the property was also built without a buiding permit and is in violation of the side lot setback. Staff noted that the complete replacement of the pre-existing cabin eliminates any grandfathered status that the old cabin may have enjoyed. The Planning Commission was requested to consider whether Lot 64 should be designated as an individual Record Lot separate from Lots 65-8-9-10-11, and if so. what variances should be granted to allow the new cabin and gazebo to remain in their non-conforming locations. City Staff is recommending that the Applicant acquire all six lots. and if not possible. to at least acquire Lot 65 and combine it with Lot 64, then move the cabin and gazebo to conforming locations 75'from the lake. Win Curtis, Attorney-at-Law, stated he had been asked to speak on behalf of the Yaegers in this matter. The Yaegers have attempted to purchase all six lots to no avail. and would now like to pursue Option #2, the purchase of Lot 65, combining it with Lot 64. and then move the cabin and gazebo to conforming locations 75' from the lake. Curtis reported the septic system has not been installed due to the stop work order which was issued, and the Yaegers are currently looking at three different options: having a shared system on the property to the south, install a septic system on Lot 65, or acquire an easement from the owner of Lots 8-9-10-11 for purposes of a septic system. Curtis noted the septic issue could be dealt with at a later time. Gaffron stated the acquisition of Lot 65, combining it with Lot 64. and then moving the cabin and gazebo to conforming locations 75' from the lake was a good solution to the problem. and would recommend the Planning Commission approve the application. Curtis remarked the gazebo would not need to be relocated if Lot 65 was acquired. Curtis noted the property owner for Lot 65 is aware of tonight's meeting but is not in attendance. If the additional lot is purchased, the Yaegers are asking for a 90 day time period in which to move the cabin. No plumbing would be installed until the septic system was installed. Lindquist moved, McMillan seconded, to approve Application #2361, contingent upon purchase of Lot 65, legal combination with Lot 64, with such combination to henceforth be designated as Record Lot#15. The Yaegers are required to move the cabin within six months from the date of acquisition of Lot 65 to a position that meets the lake and side setbacks, and to comply with all regulations regarding installation of a septic system. The lot area variance is also recommended for approval. VOTE: Ayes 7, Nays 0. (#6) 2376 RICHARD AND MARION BROWN, 268.5 SHADYWOOD ROAD - IPCONDITIONAL USE PERMIT, 9:28 p.m. -9:34 p.m. 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 (#6 - #2376 Richard and Marion Brown - Continued) The Certificate of Mailing and Affidavit of Publication were noted. Mr. Brown was present. Van Zomeren stated the Applicant is requesting a conditional use pennit to work below the Ordinary High Water Level for improvements to a boathouse that exists on the property. The Applicant is seeking to add four new wood posts to raise the lakeside boat entrance to level the structure, which is consistent with City ordinances. Staff recommends no additional work be completed without approval by the Planning Commission. The Applicant stated he will be installing 12" wood posts. The roof will not be replaced at this time. There were no public comments. Stoddard recommended approving the conditional use permit for boathouse improvements, subject to the removal of the old wooden fence/retaining wall currently located on the west side of the property. Brown agreed to the added condition. Stoddard moved, McMillan seconded, to approve Applicant #2376, granting a conditional use permit for the property located at 2685 Shadywood Road to work below the Ordinary High Water Level per Staff recommendations, subject to the removal of an old wooden fence/retaining wall on the west side of the property. VOTE: Ayes 7, Nays 0. (#7) 2377 JOHN CHENOWETH, 3850 SHORELINE DRIVE - FINDING OF' SUBSTANTIALLY SIMILAR USE/COMMERCIAL SITE PLAN REVIEW, 9:35 p.m. - 9:47 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Chenoweth was present. Van Zomeren stated the Applicant is interested in purchasing the building at 3850 Shoreline Drive, which is currently being operated as Bay Furniture Store. The property is currently zoned B-5, Limited Neighborhood Business District. Van Zomeren noted the City Council in April. 1986, determined that the furniture store was compatible with the other uses in the zoning district and found that it was substantially similar to a gallery. The Applicant is proposing to continue to sell furniture and home accessories at this location, with improvements to the interior, exterior painting. removal of overgrown shrubs and bushes, and new signage. Van Zomeren stated the Applicant has requested the City to look at possibly expanding the permitted uses for the B-5 district to accommodate other businesses. He suggested some retail uses such as a computer store. Chenoweth was also concerned about resale of the property if the furniture business would not succeed. 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#7 - #2377 John Chenoweth — Continued) Chenoweth stated he has concerns with the restrictive nature of the B-5 zone, and would like the City Staff to review this matter in the upcoming months. Chair Smith remarked that the B-5 zoning district currently allows businesses that are compatible to the neighborhood, noting that the Planning Commission is open to reviewing the zoning district. Schroeder cautioned the applicant that any changes to the permitted uses is a lengthy process, and it is unlikely one parcel would be rezoned. Van Zomeren stated City Staff is willing to discuss with the Applicant his concerns regarding the B-5 zoning district within the next six months. Shroeder moved, Berg seconded,to approve Application #2377, finding that the intended use at 3850 Shoreline Drive is similar to the permitted uses for the B-5 Zoning District, subject to Staff's three recommendations. VOTE: Ayes 7, Nays 0. (#8) 2378 WILLIAM MERNIK, 1840 LAKEVIEW TERRACE - VARIANCE, 9:48 p.m. -9:53 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Mernik was present. • Van Zomeren stated the Applicant is proposing to construct a 4' fence to enclose the entire back yard of the property which requires a variance from height restrictions as it is a through lot. Mernik had no comment. There was no public comment. Hawn stated the safety of children should take precedence. Lindquist moved, Hawn seconded, to approve Application #2378, granting a Variance from height restrictions to construct a 4' fence around the property located at 1840 Lakeview Terrace. VOTE: Ayes 7, Nays 0. (#9) 2379 DEBORAH M. SHOLL, 4100 WATERTOWN ROAD - VARIANCE, 9:54 p.m. - 9:58 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Ms. Sholl was not present. Van Zomeren remarked she received a call from the Applicant earlier in the day who stated her father had taken ill and would be unable to attend tonight's meeting. and to please proceed without her. The Applicant is requesting a front setback variance to allow construction of a three season porch. • 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#9 #2379 Deborah M. Sholl — Continued) A front yard setback variance was granted in 1997. This property is subject to RR-1A lot requirements. Staff recommends approval. There were no public comments. Shroeder requested the minutes reflect the Planning Commission voted in the absence of the Applicant. McMillan moved,Berg seconded,to approve Application #2379, granting a front setback variance for the property located at 4100 Watertown Road to allow construction of a three season porch per Staff's recommendations. VOTE: Ayes 7, Nays 0. (#10) 2380 BRUCE SCHMIDTT ON BEHALF OF RICHARD AND KATHY KYLE, 1140 TONKAWA ROAD- VARIANCE, 9:59 p.m. - 10:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Bruce Schmidtt, architect, represented the Applicants. Van Zomeren stated the Applicants are requesting variances from average lakeshore setback requirements and the 75 foot setback requirement for lakeshore property to add a second story to their home. This property is located within the LR-I B zoning district and consists of.62 acres. Staff recommends approval of this application, noting no change to hardcover is being requested. • Stoddard stated the proposal looks good, and inquired whether the shed located on the property could be relocated and the current hardcover be reduced by minimizing some decks. Bruce Schmidtt stated he has talked to the property owners about hardcover, noting that the lower deck could probably be minimized, but cited a need for the steps down to the lakeshore. Hawn felt there was a lot of hardcover in the 0-75'zone which could possibly be reduced. She noted the decks look relatively new, yet the records indicate there were no permits issued. McMillan remarked the shed was too close to the property line. and suggested the deck off the house be reduced with the other deck being kept as is because it may be difficult to reduce since the deck is part of the stair structure. Stoddard commented he was in favor of the application subject to the removal of the shed and reduction to both decks. There was no public comment. Berg suggested both decks be reduced with the shed being moved. Bruce Schmidtt suggested that perhaps the patio could be eliminated to reduce hardcover. Van Zomeren stated the shed as presently situated is located two feet off the property line. • 10 1 • r ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 • (#10 - #2380 Richard and Kathy Kyle - Continued) McMillan recommended removal of the shed and patio, with the deck attached to the house being cut in half. Stoddard commented he was in favor of the application if the patio is removed, the shed is either relocated or removed,the deck on the north side is reduced approximately 50 percent (310 square feet), and the ten feet side setback is maintained. Stoddard moved, McMillan seconded, to approve Application #2380, granting of a variance for the property located at 1140 Tonkawa Road from average lakeshore setback requirements and the 75 foot setback requirement to add a second story to their home per Staff recommendations, subject to the following conditions: 1) removal of shed located on south side of patio; 2) removal of patio and adjacent stairwell consisting of a total of 250 square feet; 3) reduce the size of porch on the north lakeshore side to 310 total square feet (about 50% of existing size) and to make it conform to the 10' side setback requirements; and 4) removal of all plastic landscaping underlayment. VOTE: Ayes 7, Nays 0. ZONING AMENDMENT (#11) CITY OF ORONO, CHAPTER 5, BUSINESS REGULATIONS AND CHAPTER 10, ZONING REGARDING HOME OCCUPATIONS. Chair Smith stated this ordinance deals with home occupations and firearms. Van Zomeren stated she has discussed this home occupation ordinance with City Attorney Tom • Barrett, who stated the City does have the right to regulate the sale of firearms. Barrett recommended the City not grant new licenses for the sale of firearms in the future and allowing the current licensees to continue to operate until they fail to renew. Van Zomeren stated notice has been sent to all the licensees on the list and notice placed in the newspaper. There was no public comment. Lindquist stated he was comfortable with allowing the current businesses to operate until they fail to renew with no new licenses being granted. Chair Smith commented that she was unsure about Tom Barrett's memo which does not provide the Planning Commission with much insight regarding the statutes regulating the sale of firearms. Hawn commented that 2E, Home Occupation Regulations. should read, the home occupation shall be conducted within rather than with. Van Zomeren stated the language regarding people giving riding lessons. tennis lessons or swimming lessons should be clarified further to prevent possible conflicts. Hawn remarked the language contained in 2B should also be clarified regarding what the nonresident is permitted to do. • II ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 S (#11 - Zoning Amendment - Continued) Van Zomeren suggested language be included to reflect that the nonresident should only engage in the home occupation which is permitted by the ordinance in the dwelling unit. Hawn suggested language to the effect that only the residents of the dwelling unit and not more than one (1)nonresident be permitted to work on the premises in connection with the home occupation be incorporated into the document. The members of the Planning Commission concurred with Hawn's recommended change. Hawn also pointed out that 2I should read no equipment, machinery or materials other than those of a type normally found in or compatible with a dwelling unit shall be allowed. Hawn commented that the language be as concise as possible to avoid any potential conflicts, and suggested that the language under 3., Prohibited Occupations in Residential Dwellings, be amended to read objectional commercial operational characteristics. (Discussion was held off the record from 10:30 p.m. to 10:40 p.m.) (Continuation of Zoning Amendment Discussion) Stoddard moved, Smith seconded,to approve the Home Occupation Ordinance with the suggested changes, subject to the drafting of an enforcement policy which will be prepared by City Staff within 30 days for review by the Planning Commission. VOTE: Ayes 7, Nays 0. • PLANNING COMMISSION COMMENTS (#14) PLANNING COMMISSION APPROVAL OF MINUTES FOR MAY 18, 1998 McMillan moved, Lindquist seconded,to approve the Minutes of the Planning Commission meeting of May 18, 1998, as submitted. Vote: Ayes 7, Nays 0. (#13) OTHER ISSUES FOR DISCUSSION Stoddard apologized to the Planning Commission for suggesting the O'Keefe's comply with 40% hardcover, noting that he does not recall the comment but will acknowledge it if reflected in the minutes. Berg commented that O'Keefe failed to comply with the recommended 40%hardcover in his revised proposal. (#12) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON MAY 26, 1998 AND JUNE 8, 1998. None (#15) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JUNE 22, 1998 AND JULY 13, 1998 June 22 - McMillan July I3 - Stoddard 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 S ADJOURNMENT Lindquist moved, Smith seconded, to adjourn at 10:54 p.m. Vote: Ayes 7, Nays 0. c _ Saandra Smith, Chair Person • S 13