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HomeMy WebLinkAbout10-15-1990 Planning MinutesMINUTES OF THE ORONO PLANNING COMKI.sSION MEETING HELD OCTOBER 15, lt»yO ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Member Ed Cohen, Jim Hanson, and Candace Rowlette. The following represented the City Staff: Building and Zoning Administracor Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. PROPOSED COMPREHENSIVE PLAN AMENDMENT #3 It was the consensus of the Planning Commission that rcvicv; of this item be delayed due to the absence of three Planning Ccmmission members. #1470 BILL KNAPP/DAN PARTEN 4300 BAYSIDE ROAD PRELIMINARY SUBDIVISION REFERRAL FROM COUNCIL 7:00 P.M. TO 7:20 P.M. Mr. Knapp was present. Gaffron stated that Mr. Knapp has purchased this property from Mr. Parten. He -said, "Mr. Knapp intends to develop the property as a three-lot PRD. as previously suggested by staff and the Planning Commission." Gaffron showed a sketch of the property and the planned development. He said, "One of the concerns expressed in previous reviews involved access for parcels north of this property. Currently these properties achieve access by crossing the Luce Line and the owners prefer it that way. Is it necessary to consider a future alternate access via Mr. Knapp's property? Another issue is a possible north/south connecting corridor. Again, the residents in the area were opposed to such a proposal. With regard to tha tiature Conservancy, the Public Works Director has asked that an easement be provided with this PRO to access that property." Gaffron reviewed the other issues relating to this development (see Michael Gaffron's memo dated September 18, 1990). Kelley asked Gaffron to comment on the proposed alternate septic site proposed for Lot 1, Block 1. Gaffron replied, "It is the only option available." Kelley asked, "It may be the only alternative, but does it make sense and will it work?" Gaffron replied, "From a technical standpoint, it is possible to pump over to the alternate site. It is a long distance and will require a large pump. Due to the steep slopes of the property, that is the only possible location for an alternate site." - 1 - ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE #1470-KNAPP CONTINUED Kelley asked when the existing house was constructed and where the alternate seotic site was established at that time. Mr. Knapp stated that the house was constructed in 1983. Gaffron added, "Sites were tested just down the hill from the house. That site could have been used for a trench system, but was questionable. Because the property had ten acres, there were other areas that could have been used. In my opinion, the present proposal is improving the situation." Kelley asked whether it would be feasible to reiitrict any expansion of the existing house. Mr. Knapp commented, "I do not believe that the existing house fits in with the other houses in the area. It is a fairly small, four bedroom rambler. I believe the owner has plans to remodel the house and double its size, but intends to have only three bedrooms." Mabusth asked how many bedrooms the house could have if the alternate septic site were used. Gaffron replied, "The alternate site can support a five bedroom house. There is no ability to expand the present septic site." Kelley asked how many bedrooms the houses on the other lots may have in relation to septic capacity. Gaffron replied. "I believe the other sites have been tested and will support five bedroom homes." Kelley asked Gaffron whether he would recommend limiting the number of bedrooms for the existing house. Gaffron replied, "If the Planning Commission wishes to include such a recommendation, that is fine. The house could be expanded without increasing the number of bedrooms." Kelley asked the Planning Commission whether in their opinion a PRD is a suitable method for developing this parcel. Hanson said, "I have strong reservations about this development because of the topography and my position ofT roads. It appears that gerrymandering is occurring here. I am also concerned about the long term viability of the septic system for Lot 1, Block 1." Rowlette stated that she would prefer to have the property developed using a PRD. - 2 - I ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE il470-KNAPP CONTINUED Cohen preferred to see a straight subdivision. Kelley said, "I believe that a PRD is suitable. This is a unique parcel because of the land characteristics." With regard to the proposed cul-de-sac and private driveway configuration, Mr. Knapp asked how many driveways can access off of a cul-de-sac. Kelley replied, "There is really no limitation as long as other safety and lot width standards are met." Mr. Knapp suggested that the three driveways could access directly from the cul-de-sac. Hanson asked Mr. Knapp if he had explored the possibility of acquiring additional land. Mr. Knapp replied, "The Nature Conservancy is to the west, the property to the east is wetland. I have talked with Mr. White regarding the road. I had suggested a more direct approach to the cul-de-sac. Mr. V/hite indicated that he has no plans to further develop his property and that my suggestions would devalue his property." Kelley believed that the present proposal, one driveway off of the cul-de-sac, made more sense from a planning point of view. Mr. Knapp said, "I am trying very hard to minimize any impact to the trees. The trees are the value and beauty of the property. I purchased the property with the intent to construct a home for myself. However, it is an expensive piece of property. I am not a developer, but I do intend to establish some limitations that will protect the land and trees as much as possible." It was moved by Kelley, seconded by Hanson, to recommend approval of the proposed three-lot PRD with a single driveway access from the cul-de-sac. The driveway shall form a "T" to serve one lot to the east and two lots to the north. The hardship for this configuration is the inability to locate the cul-de-sac further east due to the topography. It is further recommended that an easement be provided for access to the Nature Conservancy, and that Outlet D r^t continue west or north. Gaffron asked if the loop was acceptable in lieu of a cul-de-sac. The Planning Commission agreed a loop is acceptable. Motion, Ayes-4, Nays-0. Motion carried. - 3 - i iL ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 »1579 GARRY « MARIE EVERSON 4655 NORTH SHORE DRIVE AFTER-THE-FACT VARIANCE REVISED PROPOSAL - REFERRAL FROM COUNCIL 7:25 P.M. TO 7:30 P.M. Mrs. Everson was present. Gaffron explained that Council had conceptually denied this application, but that the applicants have revised their proposal. He said, "The Eversons are now proposing to bring the deck into conformance with the 10' side setback and remove areas of rock and plastic. The percent of hardcover will be 49.9o, which is less than the pre-existing 54.7%.” Kelley asked Mrs. Everson if it will be possible to grow grass along the north side of the house. Mrs. Everson stated that there is a flower garden along the north side of the house. It was moved by Cohen, seconded by Rowlette, to recommend approval of the revised plan, reducing hardcover to 49.9% and replacing existing rock and plastic with grass. Motion, Ayes-4, Nays-0. Motion carried. #1584 ROBERT RADUNZ 1066 LOMA LINDA AVENUE AFTER-THE-FACT VARIANCE PUBLIC HEARING 7:30 P.M. TO 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Radunz was present. Gaffron reviewed the information in his memo dated October 11, 1990 pertaining to this application. Mr. Radunz provided the Planning Commissicr, with a 1980 M.L.S. listing for his house which indie jct-d that the pre-existing deck was 12' x 26'. He stated that the stairway was previously located on the north side of the pre-existing deck. Mr. Radunz showed pictures of the pre-existing deck and noted that he had obtained a written statement from his neighbor stating that she had no objections. He said, "There are two large trees that obscure my neighbor's view of the lake from her deck. I will be happy to remove cue plastic from any or all areas of landscaping if necessary." Cohen asked Mr. Radunz who constructed the deck. Mr. Radunz stated that he had constructed the deck with a fr jtt.nd. He said, "I was going to repair the old deck. The - 4 - i Ti < I « r*n* w J • • ♦ ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE I1584-RADUN7. CONTINUED farther I got into the project, the more rotted wood I found. The pre-existing deck was constructed of plywood with carpeting laid over it. My grandson, while crushing a pop can, put his foot right through the deck. I had no idea that I needed a permit to replace the existing deck." Kelley asked Mr. Radunz if throughout the year. lives on the property Mr. Radunz stated that this is his summer home. Hanson asked when the sidewalk extending to the lake had been constructed. Mr. Radunz replied, "I don't know, purchased the property." It was there when I Hanson asked if the sidewalk to the dock is located on Mr. Radunz's property or his neighbor's property. Hr. Radunz replied, "When I purchased the property, representations were made that the sidewalk existed half and half on both properties. A survey was done and determined that the sidewalk is in fact more on my neighbor's property than mine. The formal deed for the property states that the sidewalk and dock are jointly ov/ned by both parties." Hanson stated that he is primarily concerned about the excessive hardcover on this property than about the deck interfering with neighboring views of the lake. He said, would like to reduce hardcover to 25% in the 75-250' zone." "I Mr. Radunz stated that he would have to cut down the size of the garage and the house to accomplish that. He suggested that he could remove a section of blacktop from the driveway. Kelley asked Mr. Radunz if he uses the garage in the summer. ?lr. Radunz stated that he does not use the garage. Kelley suggested that a portion of the garage could be removed in addition to blacktop. Cohen indicated that he would prgfer to have the deck reduced to the dimensions of the pre-existing deck. Rowlette stated that the deck could remain as is, but that hardcover should be removed from other locations. Hanson stated that he wanted all hardcover within the 0-75' setback area removed. - 5 - ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE 31584-RADUNZ CONTINUED Mr. Radunz stated that he could not remove the boardwalk because only a small portion is on his property. There were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Cohen, seconded by Rowlette, to table this application to allow the applicant time to present a plan showing a significant reduction in hardcover. Mr. Radunz asked how much time he has to prepare a plan. Kelley indicated that he could wait until spring. Motion, Ayes-4, Nays-0. Motion carried. #1591 ORVILLE FISHER 3300 FOX STREET CONDITIONAL USE PERMIT PUBLIC HEARING Mr. Fisher was not present for this Public Hearing. It was the Planning Commission's consensus that review be postponed. #1592 SMITH BAY MARINA A YACHT CLUB, INC. 1955 SHORELINE DRIVE RENEWAL VARIANCES PUBLIC HEARING 7:51 P.M. TO 7:55 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Toberman, owner of the Smith Bay Marina, was present. Mabusun reviewed Mr. Toberman's application noting, that nothing has changed from the requests approved by Resolution #2190 (see Jeanne Mabusth's memo dated October 11, 1990). Kelley asked if it would be possible to place caution signage near the access poinc to the Marina. He said, "Di.e to the heavy traffic on County Road 15, County Road 51 and Spates Avenue, there could be problems. especially with v;estbound traffic turning left into the marina." Mabusth stated that it would be necessary to approach the County with such a request. Kelley asked if there was any connection between this property and 1960 Shoreline Drive. Mabusth replied, "There is a common owner, but no other connection. The City has never recognized an expansion of the B-2 use across County Road 15." Mr. Tourangeau, 2060 Spates Avenue, asked whether Mr. Toberman intends to remove the buildings across from the marina for a parking area. - 6 - • • ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE 31592-SMITH BAY MARINA CONTINUED Mr. Toberman replied, "Me have made an agreement to remove the two cabins within an 18-month period of time." Kelley asked what type of night lighting v/ill be provided. Mabusth replied, "Low, indirect lighting will be provided." There v;ere no further comments from the public and the Public Hearing was closed. It was moved by Kelley, seconded by Hanson, to recommend approval of the renewal Variances with the conditions set forth in Resolution #2190. Motion, Ayes-3. Nays-0. Cohen abstained. Motion carried. #1593 PHILIP KALEY 1395 BROWN ROAD SOUTH VARIANCES PUBLIC HEARING 7:56 P.M. TO 8:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Kaley was present Mabusth summarized the facts and issues presented in her October 11, 1990 memo. There were no comments from the public pertaining to this application and the Public Hearing was closed. It was moved by Cohen, seconded by Rowlette, to recommend approval of the street setback Variances to construct an addition to the north of the existing residence. The hardship is the fact that the property abuts a street on three sides and that the house was placed on the property prior to the establishment of the 2-acre zoning standards. It is recommended that the applicant be placed on notice regarding limitations for any future deck to the west side of tne structure and that this project must be completed within 12 months from the start of construction. Motion, Ayes-4, Nays-0. Motion carried. #1594 DUANE LUKE 2465 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 8:02 P.M. TO 8:05 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Luke was present. Gaffron explained Mr. Luke's proposal and the issues - 7 - • • ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE #1594-LUKE CONTINUED involved (see Michael Gaffron's memo dated October 8. 1990). He suggested that tha Planning Commission may wish to recommend a decrease or equal trade-off of hardcover. Kelley stated that if there is no change in hardcover, that would be acceptable. There were no comments from the public regarding this application and the Publ• Hearing was closed. It was moved by Hanson, seconded by Cohen, to recommend approval of the side setback and hardcover Variances to construct additions to the existing residence provided that there is no increase in hardcover in the 75-250' zone. Kelley placed Mr. Luke on notice that there could be no additional hardcover in the 75-250' zone. Motion, Ayes-4 Nays-0. Motion carried. #1595 JOHN AND MARLA MERIDETH 3685 WATERTOWN ROAD VARIANCE PUBLIC HEARING At the request of the applicants, review of this item will be postponed. #1596 DARYLE L. UPHOFF 2699 KELLY AVENUE VARIANCE PUBLIC HEARING 8:06 P.N. TO 8:13 P.M. The Affidavit of Piblication and Certificate of Mailing were duly noted. Mr. Uphoff was present. Mabusth presented information regarding Mr. Uphoff‘s application (see Jeanne Mabusth's memo dated October 11, 1990). She added, "I spoke to Mr. Uphoff last week regarding proposed improvements to the lakeshore yard. He had indicated that he was not going to proceed with the retaining wall and steps at this time. I would encourage Mr. Uphoff to include those projects in this application." Mr. Uphoff stated that he \/ould like to do the repair work because of the deteriorating condition of the wall and stairway. Mabusth stated that the retaining wall and stairway project will add approximately 55 s.f. of hardcover in the 75'-250' zone. She said, "There will be a 7.2 s.f. reduction of hardcover in the 0-75' zone because the improvements will occur entirely within the 75-250' zone. The additional 55 s.f. will bring the hardcover to 39%. Mr. Uphoff does intend to remove landscaping plastic to maintain the level of hardcover at its current level - 8 - • • • ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE #1596-UPHOFF CONTINUED Of 38%." Hanson asked Mr. Uphoff if he would be \/illing to slightly reduce the size of the driveway. Mr. Uphoff stated that he would prefer to remove additional areas of rock and plastic. Kelley stared that he would prefer to have an amount of hardcover equal to the proposed additions removed. Mr. Uphoff indicated that would be no problem. There were no comments from the public pertaining to this application and the Public Hearing was closed. It v/as moved by Kelley, seconded by Cohen, to recommend approval of the average lakeshore setback and hardcover Variances for additions to the existing resiaence and replacement of retaining wall and stairway, contingent on hardcover in the 0’-75' zone being reduced and hardcover in the 75'-250' zone being reduced in an amount equal to the additional structural hardcover proposed. The applicant should be placed on notice that there can be no more hardcover added to the property. Motion, Ayes-4, Nays-0. Motion carried. #1597 RALPH D. BURGESS, JR. 2610 MEST LAFAYETTE ROAD VARIANCE PUBLIC HEARING 8:15 P.M. TO 8:17 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Mike Peters, Mr. Burgess's contractor, was present. Gaffron reviewed the history of this property and explained the reason for Mr. Burgess's current application. Gaffron asked Mr. Peters whether the proposed deck would have a railing. Mr. Peters replied, "We would like to add a railing even though the pre-existing deck had none." Gaffron noted that Mr. Burgess has indicated that he would like to replace the retaining \/alls at a later date. Gaffron said, "Staff felt that a retaining wall project would be a separate issue and did not need to be discussed at this time. There has been no formal application submitted for such a project There were no comments from the public application and the Public Hearing was closed. regarding this - 9 - • • ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE #1597-BURGESS CONTINUED It was moved by Cohen, seconded by Kelley, to recommend approval of the hardcover Variance to replace a deck in the 0-75’ zone provided there are no changes other than the addition of a railing. Motion, Ayes-4, Nays-0. Motion carried. tl598 IRWIN JACOBS 1700 SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 8:18 P.M. TO 8:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Jim Jensen and Mark Gronberg were present. Mabusth reviewed the information presented in her memo dated October 12, 1990. She noted that subsequent to the receipt of the Conditional Use Permit application, a building permit application was submitted by the gardener for a greenhouse. The greenhouse will be constructed on a separate parcel (v/hich has a separate P.I.D. number). Mabusth said, "I am bringing this to your attention for the purpose of being upfront and to maintain credibility of the applicant and integrity of the entire improvement." It was the consensus of the Planning Commission that the greenhouse posed no problem at this point and that only the Conditional Use Permit application for a guest house should be considered. There were no comments from the public pertaining to this application and the Public Hearing was closed. It was moved by Cohen, seconded by Kelley, to recommend approval of a Variance for an additional oversized accessory structure on a property where two oversized accessory structures now exist, and Conditional Use Permit for the construction of a guest house at 1700 Shoreline Drive. Motion, Ayes-i, Kays-0. Motion carried. #1599 DAVE EISS 1635 CONCORDIA STREFT SKETCH PLAN REVIEW Mr. Eiss was present. Gaffron displayed the sketch plan and reviewed the issues for Mr. Ciss's proposed subdivision (see Michael Gaffron's memo dated October 12, 1990). He said, "Hardcover becomes a problem. In the 75-250* zone of Parcel A. hardcover would be 39%. The hardcover in the 75-250* zone of Parcel B is estimated to be 16%. That estimate is based on the house and driveway as shown, and does not include decks, sidewalks, or plantings. In ray opinion, - 10 - • • • ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE #1599-EISS CONTINUED a larger house could be constructed with a wider driveway. If decks or sidewalks are added it v/ill be easy to reach the 25% limit for Parcel B, and Parcel A would still have 39%. Perhaps the Planning Commission would give Mr. Eiss some direction in this regard." Rowlette asked Gaffron if he would e.xpand on his comments pertaining to the extension of Concordia Street. Gaffron replied, "The Public V/orks Director feels there is merit in considering the continuation of Concordia Street. There is only one access to serve approximately 60 houses. Should that access become blocked for any reason, it could create major safety problems. A second access should be provided." Kelley agreed that Concordia Street is an issue, but believed that the hardcover situation prevailed. He said, "I would not be in favor of the proposed hardcover Variance in the 75-250' zones. Mr. Eiss's house was constructed only two years ago. I believe he should be aware of the hardcover requirements. As I recall, drainage was an issue for this property." Cohen and Rov/lette concurred with Kelley. Hanson said, "If zone on Parcel A to favorable." you could reduce hardcover in the 75-250* 25%. I would consider this proposal more The Planning Commission did agree that Concordia Street should be continued in some manner as further development occurs. Mr. Eiss asked Kelley to explain what a PRD process involves. Kelley briefly explained how a PRD works and why it is used. He noted that in his opinion, Mr. Eiss's property v/ould not qualify for a PRD subdivision. He suggested to Mr. Eiss that he try to revise his plan in such a way that hardcover within the 75-250' zone on Parcel A will not exceed 25%. He said, "I consistently deny Variances for new subdivisions." Mabusth asked whether Mr. Eiss should show a connecting road to North Shore Drive. Hanson stated that he would like to see an outlot proposed for that purpose. Mabusth noted that the connecting road would not necessarily be developed until a later time. - 11 - • • ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 PLANNING COMMISSION REPRESENTATIVE COMMENTS OCTOBER 8, 1990 COUNCIL MEETING Jeff Johnson, the Planning Commission Representative at the October 8, 1990 Council meeting was not present. APPROVE MINOTES-SEPTEMBER 17, 1990 PLANNING COMMISSION MEETING It was moved by Cohen, seconded by Hanson, to approve the minutes of the September 17, 1990 Planning Commission meeting. Motion, Ayes-4. Nays-0. Motion carried. PLANNING COMMISSION REPRESENTATIVES It was agreed that Ed Cohen would attend the October 22, 1990 Council meeting and that Candace Rowlette would attend the November 13, 1990 Council meeting. ADJOURNMENT The October 15, 1990 Planning Commission meeting adjourned at 8:40 p.m. - 12 -