Loading...
HomeMy WebLinkAbout09-21-1998 Planning Commission Minutes aa .� • ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard, Dale Lindquist, Janice Berg, Lili McMillan. Commissioner Charles Schroeder arrived at 7:00 p.m., and Commissioner Elizabeth Hawn was absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Senior Planning Coordinator Mike Gaffron, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:33 p.m. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2414 RANDY AND MARIE STAFFANSON, 1422 PARK DRIVE -VARIANCES, 6:34 p.m. - 6:40 p.m. Randy and Marie Staffanson were present. Van Zomeren stated the Applicants are requesting a variance to replace a garage that was destroyed by fire at the same hardcover allowance and setback as the previous garage. The Applicants wish to use storage trusses which would increase the height by three feet. This change does not require a height variance because the proposed garage does not exceed the • height of the principal structure. Staff recommends approval of this application. Randy and Marie Staffanson had no comment. There were no public comments. Lindquist moved, Smith seconded, to approve Application #2414 for property located at 1422 Park Drive to allow construction of a garage per Staff's recommendations as outlined in the September 16, 1998 Planner's Report. VOTE: Ayes 5, Nays 0. (#2) #2401 THOMAS AND MARGARET RADKE, 3424 EAST LAKE STREET -VARIANCE, 6:40 p.m. -6:51 p.m. Thomas and Margaret Radke were present. Weinberger noted this Application was tabled at the August 17, 1998 Planning Commission meeting. The Applicants are proposing to construct an accessory structure on Outlot B which provides access to three properties and had originally been intended to be used for a sewage treatment system. The system is no longer necessary as the lots have since been provided with sanitary sewer. Weinberger stated Resolution No. 3189 was passed in 1992 by the City Council, which approved a variance to allow an accessory structure on the outlot, which still exists today. The Resolution • stated the intent of the Planning Commission was that no more than one accessory structure should ever be allowed on the outlot, and if an additional accessory structure is desired, it may Page 1 111V- 0 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#2401 Thomas and Margaret Radke, continued) result in the removal of the existing shed. Weinberger stated the neighbors have signed letters stating they are in favor of the proposed structure. Staff recommends denial of the variance to allow the construction of an accessory structure on Outlot B based on the previous Resolution to allow only one accessory structure on the lot at the time the existing building was approved. Chair Smith noted all three properties have access off the same driveway. Radke stated he is required to pay taxes on the property and that the use for the outlot has changed. Radke stated the structure would enhance the property and would not be a detriment to the property. Radke also noted a portion of the property was donated to the City for a pump station. Weinberger stated this accessory structure will not be constructed on a permanent foundation. Radke commented the structure will be used to store lawn furniture, et cetera, and can be moved if necessary. Mrs. Radke stated their residence does not contain a basement due to the closeness of the lake and they are in need of additional storage room. Stoddard stated he does not have a problem with the proposed structure since the use of the lot has changed and is not needed for a septic system. Stoddard inquired what Gaffron thought about the • situation. Gaffron stated three substandard lots were created in 1980 in order to eliminate the marina, and a conclusion was reached to install a sewage treatment system on the outlot as well as allow one accessory structure. Gaffron stated it is reasonable to have one accessory structure on the property. McMillan inquired whether the lot lines could be rearranged and combined into the main lot. Gaffron stated if that occurred, an easement for the driveway would become necessary. Chair Smith inquired whether the neighbors have been asked whether they would be in favor of rearranging the lot lines. Radke commented he does not see the advantage to rearranging the lot lines. McMillan remarked since the outlot is no longer needed for septic, the lot lines could possibly be rearranged to avoid the need for a variance. Van Zomeren stated currently the outlot is not included in the hardcover numbers. Stoddard noted he is still in favor of the application. McMillan inquired whether the existing shed will remain. Radke stated it was the intent to keep the existing shed. • Weinberger stated the lot with the residence located on it is pretty much maximized as far as growth is concerned. Page 2 I I ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 (#2401 Thomas and Margaret Radke, continued) Stoddard recommended limiting the size of the storage shed to 140 square feet. Berg stated she concurred with Stoddard. Stoddard moved, Lindquist seconded, to approve Application #2401, 3424 East Lake Street, granting of a variance to construct an accessory structure on Outlot B, the size of the structure to be limited to 140 square feet, per the concept plan submitted by the Applicants. VOTE: Ayes 3, Nays 2, McMillan and Smith opposed. (#3) #2403 TERRY CLARK, 1575 LONG LAKE BOULEVARD -VARIANCES AND CONDITIONAL USE PERMIT, 6:52 p.m. -7:08 p.m. Terry Clark and Architect Neil Weber were present. Van Zomeren stated the applicant is requesting variances for street yard setback, hardcover in the 0-75' setback, bluff setback, lakeshore setback, as well as a top of bluff setback variance. A conditional use permit is also required to alter the land in the 0-75' setback. The Applicant has submitted a revised proposal that would raise the existing residence four feet to allow for a walkout lower level, which would change the grade on the south side of the structure. This is a solution that has been reached in an effort to reduce the impact on the lake side of the property, and would add an additional 159 square feet in hardcover. • Weber stated the 0-75' setback will be affected no matter what design is proposed since the residence lies in the zone. Weber stated the current proposal is an effort to minimize the impact to the 0-75' zone as much as possible by raising the house up to add a walkout under a new deck on the lakeside of the residence. Chair Smith opened the hearing up for public comment. A resident of the area inquired about the impact the excavation would have on the adjoining properties, noting he has had standing water on his property in the past. Weber stated there will be very little excavation done except for the footings and under the deck. Van Zomeren stated City Staff is aware of the resident's concerns and has requested the City Engineer to review the plans. Van Zomeren stated the neighbor's current water problems are not related to this application and would need to be addressed separately. Chair Smith commented it is the Planning Commission's philosphy not to approve applications that would adversely affect the adjoining properties, noting the City Engineer feels it will not have a negative impact on the neighboring properties. Van Zomeren stated the ground elevations and amount of fill still need to be calculated. Stoddard commented he is in favor of the plan. Lindquist stated the Applicants have complied with what the Planning Commission had requested at the prior hearing, noting the ordinances governing hardcover were passed after the house was built. • McMillan stated she is concerned about major excavation in the 0-75' setback, noting this application Page 3 I I ], ■ ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#2403 Terry Clark, continued) will not be upsetting the natural contour of the current grade. McMillan stated she is fine with the proposed hardcover. Chair Smith inquired whether the addition will be keeping the same character of the residence. Weber stated an additional dormer will be added, which will keep the same character of the house. Lindquist moved, Smith seconded, to approve Application #2403, 1575 Long Lake Boulevard, granting of variances to hardcover in the 0-75' setback, street yard setback, lakeside setback, top of bluff setback, and a conditional use permit to change/alter the land in the lakeshore setback to raise the house four feet, subject to the submittal of an excavation plan with the amount of fill calculated in cubic yards and elevations calculated. VOTE: Ayes 6, Nays 0. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#4) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE -SUBDIVISION, 7:10 p.m. -7:13 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mike Hilbelink was present on behalf of Ted Wolf. Van Zomeren stated the Planning Commission reviewed this application at its August 17, 1998 • meeting to allow the Applicant time to submit revised plans. The revised plan proposes to move the lot line to allow a 50' setback for the existing barn from the proposed lot line, which means the barn would meet the setback requirement from the rear lot line on a front lot. The newly created Lot 1 would be comprised of 3.04 acres and the newly created Lot 2 would be comprised of 8.07 acres. Staff recommends approval of the application. Hilbelink commented the revised plan satisfies the concerns raised at the previous meeting, noting the barn will be used as primarily as a storage shed. Chair Smith noted Mr. Wolf had expressed an interest in housing animals in the barn previously, and inquired whether he was aware that under the current proposal that would not be allowed. Hilbelink remarked Mr. Wolf is aware that he does not meet the proper setbacks to house animals under the current proposal. There were no public comments. McMillan moved, Berg seconded, to approve Application #2408, 900 Willow Drive, granting of a lot line rearrangement as prepared in the survey revised on 9/11/98. VOTE: Ayes 6, Nays 0. (#5) #2412 STEVE WHITE ON BEHALF OF VCI CAPITAL, 4355 BAYSIDE ROAD -SUBDIVISION RENEWAL, 7:14 p.m. -7:21 p.m. • The Certificate of Mailing and Affidavit of Publication were noted. Page 4 ,6 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#2412 Steve White on behalf of VCI Capital, continued) Steve White was present. Gaffron stated the Applicant is requesting the Planning Commission grant a renewal of the October 13, 1997 approval for a subdivision of this 55 acre property into two parcels to create one additional building site to construct a house on Bayside Road. Staff is recommending that the language contained in the Conservation and Flowage Easements be modified so as to not prohibit the applicant from applying for a dock CUP/variance. As a condition of approval, the Applicant is to grant the County an easement for the 66' of right-of-way for Bayside Road within the boundaries of the property. Gaffon stated septic testing has been completed and the property does contain alternate sites for a septic system. White stated they are not requesting a variance to construct a dock at this time but would like to reserve that right. There were no public comments. McMillan commented the lot line rearrangement was a good proposal, and inquired whether the easement would be on the north side. Gaffron stated there are actually two wetland easements, noting Mark Gronberg has legally described the easements. • McMillan inquired whether the Applicant had the wetland delineated to create the legal description. Gaffron remarked that would be reviewed before the City Council meeting. McMillan inquired whether Parcels A and B had lakeshore access. Gaffron replied that both parcels were lakeshore lots. Lindquist moved, Smith seconded, to approve Application #2408, 4355 Bayside Road, granting of a renewal of the October 13, 1997 Class I Subdivision. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#6) #2413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE -VARIANCES, 7:22 p.m. - 7:55 p.m. The Certificate of Mailing and Affidvait of Publication were noted. Paul Bennett was present. Weinberger stated the Applicants are proposing to add a 20' by 24' garage with second floor living space to the existing residence. This property lies within the RR-1 B zoning district, which has a two acre minimum. The lot is comprised of .15 acre. The Applicants are requesting a variance to side yard adjacent to street setback requirements, a variance to side yard setback requirements, a variance to rear yard setback requirements, and a • variance to structural coverage. Page 5 1 , ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#2413 Paul and Megan Bennett, continued) Weinberger stated in 1991 the City Council approved variances to construct a deck within required side yard, street yard, and back yard setbacks, and to allow 22 percent lot coverage by structures, with the condition that future proposals to increase lot coverage by adding structures on this property will not be looked upon favorably by the Council. The current application is proposing to increase structural coverage to 31 percent. Staff is recommending the Planning Commission review the previous resolution to determine how it applies to this proposal. Bennett stated he was not aware of the previous resolution until Friday night, and had submitted this application for the construction of a garage due to the fact that a garage currently does not exist on the property. Bennett stated currently they are forced to park on a gravel driveway and back out onto Dickenson, which raises safety concerns as well. Bennett remarked they would be willing to remove part of the deck and a landscaped play area as well in an effort to reduce hardcover. Chair Smith inquired whether the play structure would be relocated. Bennett stated at this time he is not sure whether it will be relocated. McMillan inquired whether there is a deck currently on the east side of the residence. Bennett stated there was a small deck, and they have experienced standing water in the driveway. Chair Smith inquired whether the deck or proposed garage could be reduced. Bennett stated originally he wanted a 24' by 24' garage and reduced it to 20' by 24', which in his opinion is a minimal sized garage, but it could possibly be reduced somewhat. Stoddard inquired whether the tax-forfeited piece of land located across the alley from this property was still available for sale. Bennett stated he thinks it is still available for sale. Stoddard inquired whether the Applicant would be willing to pursue purchase of that piece of property. Van Zomeren stated an accessory structure could not be constructed on that piece of property. Chair Smith inquired whether the Applicant would be willing to table this application to allow him time to investigate possible purchase of that piece of property. Bennett stated he can look into it. Chair Smith opened the hearing up for public comment. Dan Kluth, 2801 Fox Street, inquired what the applicant would be able to do with that additional lot. Van Zomeren stated the lot would be included in the calculations for structural coverage. Gaffron noted the piece of property was not a buildable lot. • Bennett stated the land appears to be low land or wetland, and is not in favor of having a child cross the alley in order to access play equipment. Page 6 1 , ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 (#2413 Paul and Megan Bennett, continued) Chair Smith noted side yard and rear yard variances are needed as well. McMillan stated there were hardships that exist for this property. Lindquist stated he has a problem with increasing structural coverage on this property. Chair Smith commented the Planning Commission was attempting to find ways to reduce structural coverage. Bennett stated structural coverage was being increased by 450 square feet, noting the deck could be reduced somewhat. Chair Smith inquired whether the deck and kitchen could be reduced. Stoddard noted this is a substandard lot comprising of .15 acres, and recommended pursuing purchase of the tax forfeited piece of property. Stoddard stated he typically looks favorably upon applications for garages but would like to see hardcover reduced somewhat. McMillan remarked the Applicant could consider construction of a one-car garage as an option. Schroeder stated he would be in favor of this application if the two lots were combined. Chair Smith recommended the application be tabled. • Schroeder stated it is not the Planning Commission's suggestion that you purchase the property but merely to look into the possible purchase. Stoddard concurred. Bennett agreed to tabling the application. Smith moved, Lindquist seconded, to table Application #2413, 500 Hanlon Avenue, to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. (#7) TERRY SANDERS ON BEHALF OF KEVIN KENNEFICK, 3241 CASCO CIRCLE - CONDITIONAL USE PERMIT AND VARIANCES, 7:56 p.m. -8:07 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Kevin Kennefick and Terry Sanders were present. Weinberger stated the applicants are applying for an after-the-fact variance and an after-the-fact conditional use permit to allow the replacement of a deck on the lakeshore side of the home and land alteration within 75' of the lakeshore for landscaping and rock. The applicants have constructed a new deck in the same location as the previous deck with a changed footprint. The newly constructed deck requires a variance from the allowed hardcover in the 75-250' lakeshore setback. The hardcover is being reduced from 42.5 percent to 39.8 percent. Weinberger stated the Applicants have also done some landscaping work which involved installing boulder outcroppings on a steep hill towards the lakeshore to alleviate the dangerous situation with attempting to mow the steep hill. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 (#2415 Terry Sanders on behalf of Kevin Kennefick, continued) The Applicants had no comment. There were no public comments. Lindquist stated he did not have a problem with the application. Stoddard inquired why the necessary permits were not obtained before the work was commenced. Kennefick stated he had obtained numerous permits to remodel the interior of the residence but overlooked the permits for the outside work. Schroeder moved, McMillan seconded, to approve Application #2415, 3241 Casco Circle, granting of an after-the-fact variance for hardcover of 8,004 square feet within the 75-250' lakeshore setback, double application fees, and approval of an after-the-fact conditional use permit to allow boulder outcroppings and grading to occur within 75' of the lakeshore subject to no further land alteration without receiving necessary permits from the City. NO VOTE TAKEN. Chair Smith recommended adding the stipulation that no further hardcover would be allowed in the future on the property. Lindquist concurred. Kennefick inquired whether he would be able to trade hardcover in the future, noting he has attempted to reduce hardcover. • McMillan remarked no additional hardcover would be allowed. Schroeder moved, McMillan seconded, to amend the motion to include the stipulation that no new hardcover would be allowed in the 75-250' lakeshore setback. VOTE: Ayes 6, Nays 0. (#8) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BOHN'S POINT ROAD -VARIANCE, 8:07 p.m. - 8:11 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Robert Lund on behalf of the Newmans was present. Weinberger stated the applicants have proposed to construct an addition to the new residence and a pool terrace on the property meeting all yard requirements. A variance is required from the average lakeshore setback requirement for these structures. The Applicants received variances from the average lakeshore setback and hardcover to construct a new residence in 1997, and are requesting to maintain the 26.7 percent hardcover allowed in the 0-75' setbacak although the site plan has changed. They have reduced the driveway and have added a pool. Robert Lund had no comment. There were no public comments. • Chair Smith stated she was okay with the application. Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#2418 Robert Lund on behalf of Graydon and Michelle Newman, continued) Lund noted there was a typographical error on page two of the Planner's Report. Weinberger stated it should read within the 75-250' lakeshore setback. Stoddard moved, Schroeder seconded, to approve Application #2418, 1655 Bohn's Point Road, granting of a variance from average lakeshore setback requirements and a variance from the hardcover requirements as outlined in the August 10, 1998 Planner's Report. VOTE: Ayes 6, Nays 0. (#9) #2419 ROBERT LUND ON BEHALF OF WILLIAM AND ANASTASIA HOEFT, 1725 BOHN'S POINT ROAD, 8:11 p.m. - 8:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Robert Lund on behalf of the Hoefts was present. Weinberger stated the Applicants are proposing to construct a new residence on the property meeting all yard requirements. A variance is required from the average lakeshore setback requirements. Staff recommends approval of the application due to a hardship since the property is located on a pennisula. Chair Smith inquired whether terrace implied a roof or above-ground structure. Lund commented the pool terrace is located several feet below the first floor of the residence, noting the primary reason for the variance is to avoid putting the house on the hill to blend in with the neighboring properties. Lindquist stated he has no problem with the application. McMillan concurred. There were no public comments. Stoddard inquired of the history of the previous residence. Weinberger stated the old residence was razed last year. Lindquist moved, McMillan seconded, to approve Application #2419, 1725 Bohn's Point Road, granting of a variance to the average lakeshore setback. VOTE: Ayes 6, Nays 0. (#10) #2420 ROBERT RYAN JR., 3535 CHRISTINE DRIVE -VARIANCE, 8:18 p.m. -8:43 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Ryan, Jr., was present. Weinberger stated the Applicant is proposing to construct a 90 foot wind tower as an additional • source for electricity to serve his property due to periodic NSP power outages, sometimes days at a time. Weinberger remarked the Applicant has experienced ten power outages since July, 1997. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#2420 Robert Ryan, Jr., continued) This property lies within the RR-1 B zoning district, and is comprised of 1.62 acres. The neighborhood is developed as a residential cul-de-sc neighborhood of lots approximately two acres in size. The neighborhood also has a covenant in place restricting any out buildings or structures from being built without approval of an Architectural Review Committee established in the covenant. The Applicant is proposing to locate the tower closer than 90 feet to the lot lines, which may pose a potential public safety issue and would be visible to the neighbors as well. The Zoning Code does not allow structures to exceed 30 feet in height, which would require a height variance from the 30 feet maximum allowed. Staff recommends denial of the application. Mr. Ryan stated they are unsure at this time of the exact height of the tower, noting the tower needs to clear the trees to order to be effective. Ryan commented that neighboring properties have CB towers, which average 60 feet, and this wind tower should pose no hazard to the neighbors as it is recommended for home use and there are no structures nearby. Ryan also stated the committee outlined in the covenant has been non-existent for the past four years. Chair Smith noted a letter dated September 20, 1998, has been received from Susan Manikowski, a resident in the neighborhood, and presented a copy of the letter to the Applicants. Clem Kroll, 60 South Stubbs Bay Road, stated he currently owns nine acres which can be subdivided into four lots, and has concerns with the height, location, and reduction in property values should the • tower be installed. Chair Smith inquired whether the committee was active in the neighborhood. Kroll stated the members of the committee were in attendance at tonight's meeting. Schroeder noted the problem lies with NSP and the tower should not be allowed at the expense of the neighbors. McMillan stated the wind tower is not allowed under Orono's Codes. Schroeder suggested the Applicant purchase a portable generator to help solve the outage problems. Ryan stated he has a portable generator, which has not resolved the outage problem, and expressed concerns over possible outages due to the year 2000 problem. Susan Manikowski, 3505 Christine Drive, stated they moved to this quiet neighborhood about three and a half years ago and would like to keep the area rural as much as possible. Manikowski raised concerns about the wildlife, lightning strikes, noise from the generator, and the possible danger to the neighboring properties should the tower fall. Manikowski requested the Planning Commission deny the request. Ryan stated he has spoken with the Homeowners Association and said he would be willing to put the wind tower in temporarily until after the power outage problem is resolved. Ryan commented he felt the City will be having more requests of this nature in the future. Berg inquired why he felt that way. • Ryan remarked that he doesn't feel NSP will be able to adequately supply electricity, especially Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 111 (#2420 Robert Ryan, Jr., continued) in the year 2000, and with the cold weather experienced during the Minnesota winters, he is taking the necessary precautions to be prepared for an extended power outage. McMillan commented she hopes NSP is able to correct the problem in the near future. McMillan noted wind towers are not allowed under the current City Codes, citing a reluctance to change the ordinance for one resident. Mrs. Ryan stated a neighbor in the area has installed commercial lighting on their property which is on much higher ground and there were no complaints regarding that. Ryan also noted there is also an old dilapidated building in the neighborhood which the neighbors have not requested be torn down. Chair Smith commented that was not the issue before the Planning Commission tonight. Van Zomeren stated CB towers enjoy special privileges that wind generators don't under the City Codes. Schroeder suggested the Ryans speak with NSP about the problem. Ryan noted NSP is predicting power outages that could last for days to a week at a time that could happen in the year 2000. Lindquist commented the tower basically is not permitted under the ordinance. Ryan remarked that was why they were seeking the variance, and requested the Planning Commission approve their request. Lindquist stated the Ryans could address the City Council and request an ordinance change. Lindquist moved, Smith seconded, to deny Application #2420, 3535 Christine Drive. VOTE: Ayes 6, Nays 0. (#11) #2389 DANIEL KLUTH, 2801 FOX STREET -CONDITIONAL USE PERMIT AND VARIANCES, 8:45 p.m. -8:54 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Daniel Kluth was present. Kluth handed out a sheet containing his proposed code language additions for review by the Planning Commission. Weinberger stated the Planning Commission may wish to table this until after the Planning Commission votes on whether to amend Sections 10.03 and 10.20. Kluth indicated he would be agreeable to tabling this until after the next agenda item. ZONING AMENDMENT • Page 11 • • i • ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#12) CITY OF ORONO, TO AMEND SECTION 10.03 AND 10.20 RE: PLUMBING IN ACCESSORY STRUCTURES, 8:54 p.m. -9:28 p.m. Gaffron stated the specific language additions and revisions to the proposed code amendment requested by the Planning Commission at its August 14 work session have been incorporated into Exhibit A. Gaffron commented the language contained in Mr. Kluth's handout could possibly be combined with City Staffs proposed draft, and stated he will speak with the City Attorney regarding this issue. Gaffron stated this new language will permit City Staff to approve permits without restrictions on water supply plumbing, approve permits for waste plumbing subject to specific restrictions or covenants, and on applications for tub or shower, City Council conditional use permit approval is required. Gaffron stated the new language gives clearer direction to City Staff, noting he is comfortable with the language. Chair Smith inquired how the City would be able to enforce this ordinance. Gaffron stated the City normally does not take action unless a complaint is received, noting that it is impossible for the City to enforce everything that is contained in the City Codes. Lindquist noted the ordinance covers the majority of the issues raised by the Planning Commission. • Gaffron remarked City Staff needs clear direction and specific controls to deal with applications requesting plumbing. Schroder expressed a concern about the accessory building being rented out once plumbing is installed. Kluth remarked that is currently a misdemeanor. Gaffron commented the ordinance could be made stricter if that was the Planning Commission's desire. Gaffron stated City Staff needs direction on how to handle these applications. Kluth noted if plumbing is installed by a licensed plumber without a permit, that plumber runs the risk of losing his license. Lindquist stated he was in favor of the ordinance. Gaffron stated he would like the Planning Commission to take some action on this matter. McMillan agreed with requiring a CUP for a tub/shower unit, noting the Planning Commission should give some guidance to the City Council on when to allow plumbing in accessory structures. Berg commented the City cannot regulate every situation that plumbing issues might arise. Gaffron stated he would be happy to address any issues that the Planning Commission has concerns with. Gaffron suggested language could possibly be included that would say plumbing in accessory structures shall only be approved if City Council finds that the proposed use is compatible and has limited impact to the neighborhood. Gaffron remarked he will address that issue with the City • Attorney as well. Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 4110 (#12 City of Orono, Zoning Ordinance, continued) McMillan suggested adding a toilet/shower/bathtub or any combination of those should require a conditional use permit. Stoddard inquired whether the code allows garage floor drains. Gaffron stated the code does permit floor drains provided they don't flow to a septic system or to city sewer. Lindquist moved, Smith seconded, to amend Section 10.03 and 10.20, Re: Plumbing in Accessory Structures, per the revised language contained in Exhibit A, subject to approval of a conditional use permit by the Planning Commission and City Council for the installation of a toilet/shower/bathtub or any combination thereof, and further subject to the inclusion of language by the City Attorney regarding the requested changes by the Planning Commission. VOTE: Ayes 6, Nays 0. (#11) #2389 DANIEL KLUTH, 2801 FOX STREET -CONDITIONAL USE PERMIT AND VARIANCES, CONTINUED, 9:28 p.m. -9:42 p.m. Daniel Kluth was present. Kluth stated he has spoken with the neighbors concerning the proposed accessory structure, noting everyone was in agreement with the structure. • There were no public comments. Kluth stated he is requesting a toilet and sink and would like the Planning Commission to act on his application. Kluth commented he would be willing to comply with whatever restrictions the ordinance calls for as well as whatever conditions the City Council may impose. Stoddard inquired whether a street yard setback variance was still needed. Gaffron stated this application only needs a conditional use permit for the plumbing fixtures. McMillan moved, Lindquist seconded, to approve Application #2389, 2801 Fox Street, subject to approval of Sections 10.03 and 10.20 by the City Council. NO VOTE TAKEN. Schroeder noted the Planning Commission was making a motion on an ordinance that currently is not enforce by the City. McMillan stated the motion is contingent upon approval of the ordinance change by the City Council. Chair Smith stated if the ordinance is not passed by the City Council, Kluth's application may not be acted upon. Van Zomeren inquired whether the Planning Commission would like to recommend the application be processed as a conditional use permit for plumbing in an accessory structure. Schroeder suggested the application be kept as currently proposed unless the City Council denies it. • Page 13 • ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 • (#2389 Daniel Kluth, continued) McMillan moved, Lindquist seconded, to approve Application #2389, 2801 Fox Street, granting of a conditional use permit subject to approval by the City Council of Sections 10.03 and 10.20. VOTE: Ayes 6, Nays 0. PLANNING COMMISSION COMMENTS (#13) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON AUGUST 24, 1998, AND SEPTEMBER 14, 1998 Smith stated Rahn was required by the City Council to further reduce the size of the garage at the August 24, 1998. Berg stated Otten Brothers' application was approved, noting the loading dock was permitted, and the neighbors were to get together to discuss the landscaping issues. Berg stated the Valerius addition was also approved at the September 14, 1998. (#14) OTHER ISSUES FOR DISCUSSION None (#15) PLANNING COMMISSION APPROVAL OF MINUTES FOR AUGUST 17, 1998, AND PARTIAL MINUTES FROM AUGUST 14, 1998 WORK SESSION Schroeder moved, Lindquist seconded, to approve the Minutes of the Orono Planning Commission Meeting of August 17, 1998, and the August 14, 1998 Work Session. VOTE: Ayes 6, Nays 0. (#16) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON SEPTEMBER 28, 1998 AND OCTOBER 12, 1998 September 28 - McMillan October 12 - Lindquist ADJOURNMENT Schroeder moved, McMillan seconded, to adjourn at 9:58 p.m. VOTE: Ayes 6, Nays 0. Sandra Smith, Chair Person • Page 14