HomeMy WebLinkAbout08-16-1999 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
• ROLL
The Orono Planning Commission met on the above date with the following members present:
Acting Chair Sandra Smith, Commissioners Daniel Kluth,William Stoddard, Dale Lindquist, and
Jay Nygard. Commissioners Elizabeth Hawn and Janice Berg were absent. The following
represented City Staff: Zoning Administrator Paul Weinberger, Assistant Zoning Administrator
Kris Jenson, and Recorder Jackie Young. Mayor Jabbour was present.
Acting Chair Smith called the meeting to order at 6:30 p.m.
NEW BUSINESS: PUBLIC HEARINGS
(#1) TODD KIMMIS,2102 SUGARWOOD DRIVE -REVIEW FOR SPECIAL CONSIDERATION
WITHIN SUGAR WOODS PLAT, 6:31 p.m. -6:44 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Todd Kimmis,Applicant, was present.
Weinberger stated due to the special review procedure established for requests that do not meet the
covenants and special zoning requirements within Sugar Woods, the Planning Commission
assumes the sole responsibility for the review and final recommendations regarding requests for
special consideration. The Applicant in this case is requesting a driveway ten feet from the side
property line where 30 feet is required. Under this special review procedure, the Applicant does have the
right to appeal the Planning Commission decision to the City Council at their next available meeting.
IIIWeinberger stated the special conditions placed on the development requires that any improvements
that occur on the property must do so within the required building setbacks. Setback requirements
for this lot are front 50 feet, rear 50 feet, and side 30 feet. The proposed driveway is a hardcover
improvement and would be required to meet the 30 foot side yard setback. The Applicant is proposing to
construct a side loaded garage. In an effort to preserve some mature trees that exist
on the property, the property owner has requested the house be built near the front of the property,
thus requiring the garage to be located closer to the side lot line than would be necessary if the
house were built further from the street.
Weinberger remarked that the adjoining property owner has submitted a letter in support of this
application.
City Staff is recommending approval of this application.
Kimmis stated that he is requesting the setback variance in order to construct a side loaded garage
at the proposed location in an effort to save some mature trees that exist on his property.
Chair Smith inquired whether the proposed house and garage are outside of the tree root system.
Kimmis stated that they are staying outside the drip line of the trees, which is assumed as the edge
of the root system. Kimmis commented that he purchased the lot due to the large number of trees on the
property, and in his opinion this is the best location for the house and garage.
There were no public comments.
III
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#1) TODD KIMMIS, 2102 SUGARWOOD DRIVE -REVIEW FOR SPECIAL CONSIDERATION
• WITHIN SUGAR WOODS PLAT, 6:31 p.m. -6:44 p.m. (cont.)
Lindquist indicated he has no problem with this application.
Nygard indicated he was in agreement with Lindquist.
Stoddard inquired whether any other driveways have needed variances in this development.
Kimmis stated that a majority of the driveways in this development have required variances. Kimmis
remarked that the proposed hardcover is at 13.21 percent.
Weinberger stated only a couple properties in this development have requested special consideration due
to efforts to preserve the trees on their properties. Weinberger stated that the Applicant is under the
hardcover and structural coverage limits for this property.
Kimmis stated due to aesthetic reasons, he is proposing a side loading garage.
Stoddard moved, Kluth seconded, to recomman approval of the Application for Todd Kimmis, 2102
Sugarwood Drive, to allow a driveway to encroach 20 feet into the required 30 feet side yard setback.
VOTE: Ayes 5, Nays 0.
(#2) #2511 DOUGLAS WHITELEY, 60 ORONO ORCHARD ROAD SOUTH -CONDITIONAL USE
PERMIT, 6:45 p.m. -6:50 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
• Douglas Whiteley, Applicant, was present.
Weinberger stated the Applicant is requesting a Conditional Use Permit for an accessory building on a
through lot. They are proposing to remove the existing garage located on the lot and build a new
garage located closer to the center of the lot. A Conditional Use Permit is required for through lots to
ensure the development is consistent with the surrounding properties and that an accessory building
is not located in an area that may obstruct the neighbors'views or in areas considered to be front
yard areas.
Weinberger stated the proposed location of the accessory building does not appear to detract from
adjacent properties and would be located further from Orono Orchard Road. The Applicants are not
proposing to change the access to the property with the new structure.
Whiteley stated his property is very hilly and wooded where the proposed garage will be located, and they
are attempting to preserve as many of the larger mature trees as possible. Whiteley commented he is
proposing to construct a garage which keeps with the character of the house.
Smith inquired whether the Applicant is intending to continue to use the garage attached to the
house.
Whiteley stated the detached two car garage will be used mainly for storage, with the existing garage
used to store his vehicles.
Kluth noted that the existing garage is proposed to be removed.
Whiteley stated that there is a single car detached garage which will be removed.
•
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#2) #2511 DOUGLAS WHITELEY, 60 ORONO ORCHARD ROAD SOUTH -CONDITIONAL USE
• PERMIT, 6:45 p.m. -6:50 p.m. (cont.)
Weinberger stated if this was not a through lot, there would be no need for an application.
There were no public comments.
Lindquist moved, Smith seconded, to recommend approval of Application#2511, 60 Orono
Orchard Road South, for a Conditional Use Permit to allow the Applicants to construct a
detached garage on a through lot based on the location shown on the site survey submitted
by the Applicant and the existing one-stall garage will be removed upon completion of
the new building. VOTE: Ayes 5, Nays 0.
Items 3, 4, and 5 follow Item No. 6.
CONTINUED NEW BUSINESS: PUBLIC HEARINGS
(#6) #2508 JAMES ERLER, 3448 NORTH SHORE DRIVE -VARIANCE, 6:51 p.m. -6:59 p.m.
James Erler, Applicant, was present.
Jenson stated the Applicant is requesting a variance to the sideyard setback in order to add a
second story to the existing residence 2.4 feet from the side yard property line where 10 feet is
required, resulting in a variance of 7.6 feet. The addition will not result in any changes to the
building structure and does not require a height variance.
0 Erler stated this application is a result of some storm damage that the residence suffered.
Kluth inquired whether the location of the house was grandfathered in.
Jenson stated that the residence was constructed approximately 50 years ago.
Weinberger stated the residence was constructed before the City adopted the ordinances
regulating setbacks.
Lindquist commented he does not have a problem with this application in that is is not adding anything to
the existing foundation. Lindquist commented he does have a concern about adding
more structure to a relatively small lot, but that legally there is nothing that prevents the Applicant
from doing so.
There were no public comments.
Lindquist moved, Stoddard seconded, to recommend approval of Application#2508,
3448 North Shore Drive, to allow construction of a second story addition to the existing
residence with a sideyard variance of 7.6 feet.
Smith inquired whether the stipulation should be added that no new hardcover will be allowed on
this property, noting that the property is currently over hardcover limits in the 75-250'setback and
the 250-500'setback.
Lindquist amended his motion, Stoddard seconded, to include the stipulation that any new request for
• additional hardcover on this property will not be looked upon favorably by the Planning Commission.
VOTE: Ayes 5, Nays 0.
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
• SCHEDULED PUBLIC HEARINGS
(#3) #2510 DOUGLAS WHITELEY, HEIDI HUST AND DAVID HUST, 600 ORONO ORCHARD
ROAD SOUTH AND 45 SMITH AVENUE -CLASS I SUBDIVISION OF A LOT LINE
REARRANGEMENT, 7:00 p.m. -7:09 p.m.
Douglas Whiteley, Heidi Hust and David Hust, Applicants, were present.
Weinberger stated the Applicants are requesting a subdivision of a lot line rearrangement between
the lots that results in two substandard lots. The intent of this lot line rearrangement is to gain an
additional 17 feet of frontage along Orono Orchard Road to allow for an addition of living space to
the home. The lot line rearrangement would involve a land swap of approximately 2,500 square feet
of land from each property to the other. The impact on the rear property width would be minimal,
with each lot only losing 17 feet in width at the rear.
Weinberger stated both properties are part of the Orono Orchard sewer expansion project this
year and that this lot line rearrangement would not substantially change the size of each lot but
would increase the frontage along the front lot line.
City Staff is recommending approval of this application based on the three conditions outlined in
the Planner's report.
Whiteley commented that he would like to continue to reside in his house, noting that his
neighbors are accommodating his desire to add on to the existing building.
The Husts had no comment.
•
There were no public comments.
Weinberger stated there is a possibility that there are no current draiange and utility easements
on this property, noting that the survey does not indicate any easements. The Applicant is
required to dedicate drainage and utility easements along the new property lines and vacate any old
drainage and utility easements along the old property line. The Applicant is also required to provide to
the City proper documentation relating to the easements on both properties.
Lindquist inquired whether there is sufficient room along the new property lines for the easements.
Weinberger stated that there should be sufficient room for the easements.
Smith inquired whether the Applicants were comfortable with the conditions proposed.
Whiteley indicated he will comply with the conditions.
(#2510 Douglas Whiteley, Continued)
Kluth noted that the lot line rearrangement results in two substandard lots.
Weinberger stated that this area is currently zoned two acres, with both lots currently being
substandard. Weinberger stated the lot line rearrangement will not substantially change the size of
the lot.
(#3) #2510 DOUGLAS WHITELEY, HEIDI HUST AND DAVID HUST, 600 ORONO ORCHARD
• ROAD SOUTH AND 45 SMITH AVENUE -CLASS I SUBDIVISION OF A LOT LINE
REARRANGEMENT, 7:00 p.m. -7:09 p.m.—(cont.)
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#3) #2510 DOUGLAS WHITELEY, HEIDI HUST AND DAVID HUST, 600 ORONO ORCHARD
• ROAD SOUTH AND 45 SMITH AVENUE -CLASS I SUBDIVISION OF A LOT LINE
REARRANGEMENT, 7:00 p.m. -7:09 p.m.—(cont.)
Lindquist moved, Kluth seconded, to recommend approval of Application #2510, 60 Orono
Orchard Road South and 45 Smith Avenue, for a lot line rearrangement as proposed
subject to the three conditions outlined in the August 16, 1999 Planner's Report.
VOTE: Ayes 5, Nays 0.
CONTINUED NEW BUSINESS: PUBLIC HEARINGS
(#5) #2506 EDWARD H. HAMM,485 ORONO ORCHARD ROAD SOUTH -CONDITIONAL USE
PERMIT, 7:10 p.m. -7:17 p.m.
Edward Hamm, Applicant, was present.
Weinberger stated the City Council had previously approved extension of the sanitary sewer to the
principal residence and two existing guest houses on the Hamm property. A condition of approval
was to formally permit the two existing guest houses legal by requiring the property owner to submit
an application to the City for a guest house conditional use permit. The conditional use permit
would allow the continued use of the property as a principal dwelling and two secondary guest
houses. The number of dwellings is limited to three on the property for the three sewer units that
have been provided on the site.
City Staff is recommending approval of this application based on the fact that the guest houses
meet the minimum principal building setbacks and is subject to the conditions outlined in the
• August 10, 1999 Planner's Report and the conditions outlined in Resolution No. 4271.
Smith inquired whether the correct address of the residence is 485 Orono Orchard Road South or
940 South Brown Road.
Weinberger stated that the 485 Orono Orchard Road South is the correct address for this residence.
Hamm stated that he is attempting to comply with the conditions required by the City Council.
There were no public comments.
Lindquist inquired if the property is subdivided in the future, whether the guest houses would be
allowed to remain.
Weinberger stated the guest houses in their current locations would need to be removed because they
would not meet the required setbacks. If the property is subdivided, the property would need
to meet the building requirements at that time.
Hamm commented that the majority of the 18 acres is composed of wetland.
Lindquist commented that he does not want to see the guest houses grandfathered in.
Kluth inquired when the guest houses were constructed.
Hamm stated they were constructed over 50 years ago.
Stoddard moved, Kluth seconded, to recommend approval of Application #2506,
• 485 Orono Orchard Road South, for a guest house conditional use permit based on the
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#5) #2506 EDWARD H. HAMM, 485 ORONO ORCHARD ROAD SOUTH -CONDITIONAL USE
• PERMIT, 7:10 p.m. -7:17 p.m.—(cont.)
Stoddard moved, Kluth seconded, to recommend approval of Application #2506,
485 Orono Orchard Road South, for a guest house conditional use permit based on the
structure meets the yard requirements established by the Municipal Code for a guest
house conditional use permit subject to City Staffs Recommendations One and Two
contained in the August 10, 1999 Planner's Report. VOTE: Ayes 5, Nays 0.
(#4) #2512 ALAN RICHIE AND MARILYN RICHIE, 905 TONKAWA ROAD -CLASS III
SUBDIVISION, 7:18 p.m. -7:29 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
David Erotas, Erotas Builders Corporation, was present on behalf of the Applicants.
Weinberger stated the Applicants are requesting a three lot subdivision of a 6.3 acre lot. The lot
is currently developed as a single residential site with a tennis court, driveway and paved walk to
the lake. The Applicant has indicated that all existing structures and hardcover will be removed
from the property prior to final plat based on subdivision approval,with a new residence being
constructed on Lot 2 and Lots 1 and 3 being available for purchase.
Weinberger stated that a previous applicant had requested a subdivision for this property
previously but had withdrawn his request prior to City Council approval of the final plat. The time
limit has expired on that previous application.
Weinberger remarked that all lots within the LR-1 B zoning district are required to meet a minimum
• of one acre dry buildable and 140 feet of width at the lakeshore. Each proposed lot in this
subdivision does exceed the minimum standards for lot width and size and appears to demonstrate
suitable building sites. The surrounding properties are also zoned LR-1 B. The proposed
subdivision is consistent with the Tonkawa area, and access is proposed off of Tonkawa Road.
Weinberger stated that the property was assessed for three sanitary sewer units in 1976, and all
assessments have been paid. Sanitary sewer to Lots 1 and 2 should be provided from Tonkawa
Road, with the existing sewer on Tonkawa Road east of Lot 1 being extended to the south
approximately 100 to 200 feet to serve Lot 2. Sewer connection for Lot 3 should be extended over
the southwestern portion of the property.
This property is subject to a bluff impact zone, with the bluff line being depicted on the survey.
The existing topography is very steep extending to the lake, and all structures are required to meet
a 30 feet top of bluff setback. No land alteration or construction is allowed within the bluff impact
zone.
Staff is requesting the standard drainage and utility easements along the property line prior to
final plat.
Weinberger stated the newly created lots will need to meet all the zoning district requirements
for developments in the LR-1 B zoning district, and is recommending approval of this application
based on the conditions outlined in the August 9, 1999 Planner's Report. The Applicant will
need to submit a grading and erosion plan for the entire site subject to review and approval by the
City Engineer as well as obtain a permit from Hennepin County Department of Transportation for
the new curb cut and access to Lots 1, 2, and 3. The Applicant is further required to submit plans
• for extension of the sanitary sewer service for review and approval by the City Engineer and Public
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#4) #2512 ALAN RICHIE AND MARILYN RICHIE, 905 TONKAWA ROAD -CLASS III
IIISUBDIVISION, 7:18 p.m. -7:29 p.m. —(cont.)
Works Director.
Erotas stated they have the understanding that this property was previously approved for a three lot
subdivision before the original residence was constructed.
Weinberger stated it was originally subdivided into three lots and then combined into one lot for
tax purposes.
There were no public comments.
Smith inquired whether the applicants have any concerns regarding the conditions outlined in the
Planner's Report.
Erotas stated they are in the process of complying with the conditions.
Smith moved, Lindquist seconded, to recommend approval of Application #2512,
905 Tonkawa Road, for a three lot lakeshore residential subdivision of a 6.3 acre lot,
with the understanding that the Applicants must comply with all the conditions outlined in
the August 9, 1999 Planner's Report. VOTE: Ayes 5, Nays 0.
CONTINUED NEW BUSINESS: PUBLIC HEARINGS
(#7) #2509 ANDREW RONNINGEN, 3030 CASCO POINT ROAD -VARIANCE, 7:30 p.m. -
7:56 p.m.
•
The Certificate of Mailing and Affidavit of Publication were noted.
Andrew Ronningen, Applicant, was present.
Jenson stated the Applicant is requesting variances to construct a two story, 22' by 24'addition
to the existing home. Variances are required to the average lakeshore setback, as well as
hardcover within the 75-250'zone. The Applicant has proposed to remove 18 patio blocks as part
of this project; however, Staff feels that in there is a large amount of landscaping with plastic
underlayment that could be removed in order to allow for the addition and stay under the 25 percent
hardcover allowed. Structural coverage limits will not be exceeded with this addition. With the
reduction of 320 square feet of landscaping, the hardcover would be reduced to 24.2 percent.
Ronningen stated they would like to construct the addition onto their house to accommodate their
growing family.
Lindquist stated that the Planning Commission does not count plastic as hardcover anymore, but
that removal of the plastic will be a condition of approval. Lindquist inquired whether removal of the
patio blocks would be sufficient to bring the hardcover under the 25 percent limit.
Jenson stated removal of the patio blocks would account for approximately 180 square feet, but
would need to remove approximately 320 square feet of hardcover elsewhere in order to bring the
hardcover below the 25 percent limit.
Lindquist inquired whether 320 square feet of hardcover could be removed outside of the plastic
underlayment.
Ili
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#7) #2509 ANDREW RONNINGEN, 3030 CASCO POINT ROAD -VARIANCE, 7:30 p.m. -
• 7:56 p.m.—(cont.)
Ronningen commented the driveway is gravel with grass down the middle.
Smith stated that the entire gravel driveway would count as hardcover. Smith inquired if the
plastic underlayment is removed, what the hardcover would be reduced to.
Jenson stated there is approximately 436 square feet of landscaping with plastic underlayment
currently, and the size of the addition is 520 square feet, which would result in a hardcover figure
under 25 percent. Jenson noted that removal of the patio blocks is already calculated into the
hardcover figures.
Stoddard inquired whether the neighbors have expressed any concerns regarding this application.
Jenson stated the property is heavily wooded and would not impact the neighbors'property.
There were no public comments.
Smith stated in her view the plastic underlayment will need to be removed as a condition of approval.
Jenson stated if all the plastic underlayment is removed, hardcover would be approximately 24.5
percent. Jenson stated a minimum of 350 square feet of hardcover would need to be removed in
order to meet the 25 percent hardcover limit.
Stoddard moved, Kluth seconded, to recommend approval of Application #2509,
3030 Casco Point Road, for a variance to the average lakeshore setback to construct a
• two story, 22' by 24' addition to their existing home, subject to the removal of approximately
436 square feet of landscaping/plastic underlayment within the 75-250'zone.
Smith inquired whether this would be another property that should be notified that no new
applications for hardcover will be looked upon favorably by the Planning Commission.
Stoddard stated that with removal of the plastic underlayment and landscaping, the hardcover would
be under the 25 percent limit, so in his view that stipulation is not warranted on this property at this
time. Stoddard commented his motion will remain as originally stated.
VOTE: Ayes 5, Nays 0.
(#8) #2513 CONNIE PIEPHO, 540 NORTH ARM DRIVE -VARIANCES, 7:57 p.m. -8:01 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Connie Piepho, Applicant, was present.
Jenson stated the Applicant is requesting a variance to the average lakeshore setback to permit
construction of an inground pool, which is 830 square feet. The pool is large enough to be classified
as an oversized structure, which requires 15 feet from the property line. The pool itself is currently
proposed at 13 feet from the side property line. Staff is recommending that the pool be relocated
two feet over to comply with the 15 foot setback.
Jenson stated upon further review of this application, Staff has discovered that the secondary
septic site is located between the home and the current septic system site. The Septic Code
• requires all structures to be located at least 20 feet from the septic site. The pool in its proposed
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
• (#8) #2513 CONNIE PIEPHO, 540 NORTH ARM DRIVE -VARIANCES, 7:57 p.m. -8:01 p.m.—(cont.)
location does not meet the required 20 feet and would need approval from the City's septic
inspector. Staff is not in favor of a reduced setback for the septic, but would be in favor of the
Applicants identifying a secondary septic site that meets the required setbacks elsewhere on the
lot.
Piepho stated they are attempting to comply with the City Codes as much as possible.
Kluth inquired whether an alternate septic site could be located on the property.
Piepho stated that there is a possible area in the front and that they would be willing to relocate the
pool two feet further from the property line.
Jenson suggested that approval be subject to submittal of documentation verifying an alternative
septic site.
Lindquist stated he would be willing to approve the average lakeshore setback but no other variances.
There were no public comments.
Smith commented that the pool should not encroach on any easements or secondary septic site.
Weinberger inquired whether the Applicant was planning to erect a fence around the pool, noting
that Orono only allows fences three and a half feet within the average lakeshore setback.
IIIPiepho stated that a fence will not be constructed.
Stoddard noted that Orono does not require fences to be erected around pools.
Kluth moved, Stoddard seconded, to recommend approval of Application#2513,
540 North Arm Drive, for an average lakeshore setback to permit construction of an
inground pool subject to submittal of documentation verifying the location of a suitable
secondary septic site, with the understanding that no other variances should be required
on this application. VOTE: Ayes 5, Nays 0.
(#9) #2515 TOM AND MAUREEN PALM, 1685 CONCORDIA STREET -VARIANCES, 8:02 p.m. -
8:12 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Tom Palm,Applicant, was present.
Jenson stated the Applicants are proposing to construct a new 30' by 30'garage in a different
location than the existing 24' by 26' garage, as it is located partially over an existing sewer
easement. The existing garage is located 98 feet from the rear property line, with the proposed
garage being located 48 feet from the same property line. Because the structure is considered to
be oversized, the sideyard setbacks are required to be 15 feet rather than the district 10 foot
standard. Staff is recommending that the garage be reduced by five feet in depth, which would
allow the Applicants to maintain a three car garage and still meet the 10 foot setback
requirements.
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#9) #2515 TOM AND MAUREEN PALM, 1685 CONCORDIA STREET-VARIANCES, 8:02 p.m. -
• 8:12 p.m.—(cont.)
Jenson stated a 750 square foot garage would reduce the existing hardcover to 28.9 percent in the 75-
250'setback,with the current hardcover being calculated at 34 percent.
Palm indicated he would be in favor of reducing the size of the garage to 25' by 30'. Palm noted the
City has received two letters from his adjoining neighbors indicating support of this project.
Jenson stated the letters are included in the Planning Commission's packet.
Palm commented in his opinion this situation benefits everyone by reducing the existing hardcover
on the property and relocating the garage off the sewer easement.
Tom Trainor, 1675 Concordia Street, indicated that he was in support of the project.
John Gehring, 1687 Concordia Street, commented he also was in favor of the project.
Palm indicated he would be willing to reduce the size of the garage to 750 square feet.
Lindquist moved, Nygard seconded, to recommend approval of Application#2515,
1685 Concordia Street, to permit construction of a 750 square foot garage and driveway as depicted on
the survey, with the understanding that the existing garage will be removed.
VOTE: Ayes 5, Nays 0.
Item No. 10 follows Item 15
• (#11) #2517 SCOTT AND LISA BITTMAN, 25 BROWN ROAD SOUTH -VARIANCES, 8:15 p.m. -
8:22 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Scott Bittman, Applicant, was present.
Jenson stated the Applicants are requesting a front yard variance to add a second story to the
existing home, which was constructed 42.7 feet from the right-of-way to Brown Road South. Jenson
commented the lot is heavily wooded and the house is not visible from the road.
Jenson stated the addition was started without a building permit, with the roof having been removed
by the time Staff had discovered the work. Staff allowed the work to continue with the understanding
that the variance would be applied for to make the addition legal.
Bittman had no comment.
There were no public comments.
Stoddard inquired why the work was commenced without a building permit.
Bittman stated that there was a previous second story to this residence, with the roof being removed
in an effort to determine the extent of the work needed. Bittman stated that a building permit had
been applied for prior to the work being commenced but the process took over two months for the
permit to be issued.
S
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
(#11) #2517 SCOTT AND LISA BITTMAN, 25 BROWN ROAD SOUTH -VARIANCES,8:15 p.m. -
8:22 p.m.—(cont.)
Jenson stated that an application for a building permit was submitted. Jenson commented that the
entire second story of the residence is being replaced.
Bittman stated they are replacing the second story due to the deteriorated state of the residence.
Kluth commented that he does not want to encourage people to commence work on their residences
without the appropriate building permits, noting that sometimes the improvements are required to be
torn down if the work is completed without the appropriate building permits.
Lindquist stated that normally a building permit is obtained within two weeks.
Bittman stated that a survey was required, which took two months to obtain.
Weinberger stated the building inspector had given the approval for the work to continue due to
concerns regarding the present damage to the house.
Lindquist moved, Smith seconded, to recommend approval of Application #2517,
25 Brown Road South, to allow a front yard variance to add a second story to the existing
home within the 50 foot setback to Brown Road South. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS
(#13) OTHER ISSUES FOR DISCUSSION
• Mayor Jabbour stated the Planning Commission and City Council needs some continuity regarding
the issue of plastic underlayment and whether it should be considered as hardcover or legally
non-conforming. Jabbour stated he has a concern that people are trading in non-conforming
structures or hardcover in an effort to make their properties more legally conforming and that perhaps the
City Council and Planning Commission should take the view that the non-conforming
structures or hardcover should be immediately removed.
Kluth commented that it would be nice if the Planning Commission could be provided with copies
of all previous variance requests on a property whenever a new application is submitted.
Mayor Jabbour commented that perhaps the issue dealing with hardcover should be explained prior
to the application reaching the Planning Commission.
Smith suggested that the Applicants be given examples of what is allowed and not allowed for
hardcover as part of their application, especially if the property owner is new to the application
process.
(#12) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL
MEETINGS ON JULY 26, 1999 AND AUGUST 9, 1999
Smith stated she attended the July 26, 1999 City Council meeting,where the Mayor had
complimented the Planning Commission for their fine efforts on the Peter Boynton application.
Mayor Jabbour stated in his opinion the demonstration of hardship as defined by statutes was good.
Smith stated the Bancor Group's request was heard at the meeting as well regarding rezoning and
the request for a PRD.
• Mayor Jabbour commented that the City Council basically followed the recommendations of the
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ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 16, 1999
• (#12) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL
MEETINGS ON JULY 26, 1999 AND AUGUST 9, 1999—(cont.)
Planning Commission, noting that two of the City Council members were initially opposed to rezoning of
this property,with one of the members changing his mind at the end regarding one acre zoning.
Smith commented that there is a City Council workshop on August 26 regarding housing options.
Smith stated she has requested that Mike Gaffron inform the Planning Commission members whenever
comprehensive plan issues will be discussed.
Mayor Jabbour stated that the members of the Planning Commission are invited to attend the
workshop on the 26th.
Lindquist commented that he would like to get more advanced notice of some of these workshops,
noting in the past he has not always gotten much notice.
Stoddard stated that City Staff could utilize voice mail or fax to notify them of an upcoming workshop.
Elizabeth Hawn attended the August 9, 1999 City Council meeting but was not present at tonight's
meeting.
Weinberger stated that the Luzaichs'attorney is working with the City Attorney in an effort to
arrive at a mutual agreement regarding access by the City to the property to ensure reforestation.
(#14) PLANNING COMMISSION APPROVAL OF MINUTES FOR JULY 19, 1999
•
Smith stated she was present at this meeting, noting that her name is not mentioned in the roll.
Smith requested that corrections be made on Page 12 to reflect housing in the$350,000 to
$600,000 range as well as holding ponds are not to be turned into private beaches.
Lindquist moved, Kluth seconded, to approve the Planning Commission Minutes for
July 19, 1999, as amended. VOTE: Ayes 5, Nays 0.
(#15) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON
AUGUST 23, 1999 AND SEPTEMBER 13, 1999
August 23 - Lindquist September 13- Nygard
(#10) #2516 JEFF MARTINEAU, 1420 SHORELINE DRIVE -VARIANCES
Jeff Martineau, Applicant, was not present.
Lindquist moved, Nygard seconded, to table Application#2516, 1420 Shoreline Drive,
due to the absence of the Applicant. VOTE: Ayes 5, Nays 0.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned was 8:42 p.m.
• Sandra Smith, Acting
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