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HomeMy WebLinkAbout04-15-1985 Planning MinutesPLANNING CX)MMISS10N MEETING MONDAY, APRIL 15, 1985 7:30 P.M. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS OOUNCIL REPRESENTATIVE - Tim Adams ATTENDANCE SCHEDULED PUBLIC HEARINGS 1. 7:30 p.m. ACTION ITEMS #906 S.G. McWilliams, 1120 South Willow Drive Subdivision of Lot Line Rearrangement - Class x k 2. #895 3. #903 4, #905 5. #907 6. #908 7. 1909 T.M. Crosby, 1240-1260 Bracketts Point Road - Subdivision of a Lot Line Rearrangement - Second Review Ward Ferrell, 3405 Watertown Road - Request to Confirm Interpretation of Zoning Code - Public Hearing Dennis Thompson, 250 Old Crystal Bay Road - Conditional Use Permit - Public Hearing James Bigham, 1545 Long Lake Boulevard - Variance - Public Hearing Jon Scherven, 2649 Casco Point Roa-i - Variance - Public Hearing Lowell Zitzloff, 3542 Shoreline Drive - Commercial Site Plan Review ADDITIONAL ITEMS 8. Planning Commission approval of March 18, 1985 minutes. 9. Planning Commission to select representative to attend the May 13, 1985 Council meeting. ADJOURNMENT NINDTBS OP THE ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 1 ATTENDANCE 7;30 PM The Orono Planning Commission met on the above date with the following members present; Chairman Callahan, Rovegno, Sime, Kelley, McDonald and Taylor. Planning Commission member Goetien was not present. Council Representative Tim Adams was present. Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. #906 S.G. MCWILLIAMS 1120 SOUTH WILLOW DRIVE SUBDIVISION OP LOT LINE REARRANGEMENT PUBLIC HEARING 7:30 - 8:00 PM Mr. Shirley McWilliams was present. Chairman Callahan announced that now was the time and place for the public hearing to be held concerning a subdivision of a lot line rearrangement. There was no one present in the audience for this application. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth explained McWilliams' proposal to rearrange the shared lot line between his deceased mother's property (1120 Willow Drive) and his homestead lot (1130 Willow Drive). Mabusth noted that he proposes a straight line division rather than a jogged line around the detached structure of 24' x 30'. Mabusth stated that the proposed Crystal Bay sewer project will be decided on after April 22, 1985. Mabusth noted that it is staff's understanding that the two lots will use a shared driveway. Shirley McWilliams stated that he is not proposing a shared driveway and felt that 1120 should be allowed its own access to a public street. McWilliams stated that an old driveway existed since 1937. Zoning Administrator Mabusth stated that the division as proposed would place severe limitations on 1130 Willow Drive if the Crystal Bay sewer project is not ordered. Mabusth stated that 1120 Willow Drive and 1130 Willow Drive also share a well and that the City would require a separate well drilled for 1120 Willow Drive before the property is sold. Mabusth stated that according to the as-builts, a sewer line appears to be located right on the lot line. Taylor noted that the proposal doesn't leave much room for future septic expansion, a new driveway location, or a new well. Taylor suggested jogging the lot lines to accommodate for these additions. Kelley felt that the proposal should be with a shared driveway and that the lot lines should be jogged. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 2 #906 S.G. MCWILLIAMS Chairman Callahan noted that if the drainfield or septic system failed that there would be no room for expansion. Callahan closed the public hearing at 8:00 p.m. Rovegno moved, Kelley seconded, to table the subdivision of Shirley McWilliams until the May 20, 1985, Planning Commission meeting until the Crystal Bay sewer project status has been resolved and for the proposed driveway to be shown on the plan. Motion, Ayes (6), Nays (0). #895 T.M. CROSBY 1240-1260 BRACKETTS POINT ROAD SUBDIVISION OP LOT LINE REARRANGEMENT SECOND REVIEW T.M. Crosby was not present. John & Katharine Pillsbury of 312 Woodhill Road were present. Chairman Callahan noted that this was tabled at the last Planning Commission meeting to make sure that ell the parties involved knew exactly what was going on and u.iere the actual lot lines would be. John Pillsbury Jr. stated that T.M. Crosby is his brother-in- law and that they have discussed in great detail the outcome of this proposal. Pillsbury stated that he has no problems with the proposal. Rovegno moved, Kelley seconded, to recommend approval of the separation of PID 11-1.17-23 32 0004 from the two contiguous rural parcels owned by Eleanor Lawler Pillsbury, the division or rearrangement of PID 11-117-23 32 0005 and a permanent area variance for undeveloped Pillsbury property based on one or more of the following findings: 1. 2. The division will not increase the overall density. The applicant's current property contains .92 acres of area—the 75' setback area and the house and improvements limit future septic expansion on the existing property. 3. There is suitable and adequate area for principal and alternate septic systems on the undeveloped building site. There is adequate area for a house to be located within the building envelope of the undeveloped property. A permanent residence had existed on PID 11-117-23 32 0005 up to 1979. 4. 5. 6. There is no additional undeveloped, contiguous land available. MINUTES OP THE ORONO PIJVNNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 3 f895 T.M. CROSBY Approval is subject to the following conditions: 1.PID 11-117-23 32 0004 and northern portion of rearranged PID 11-117-23 32 0005 to be combined with Crosby homestead lot. 2.PID 11-117-23 32 0006 and southern portion of rearranged PID 11-117-23 32 0005 to be legally combined for tax purposes. 3.All future construction on undeveloped lot thac involves the alteration of flood plain fringe areas must be reviewed and approved by the DNR before a building permit can be issued by the City of Orono. 4.Tested septic site area on undeveloped lot must be staked and protected prior to construction. Motion, Ayes (6), Nays (0). #903 WARD FERRELL 3405 WATERTOWN ROAD REQUEST TO CONFIRM INTERPRETATION OP ZONING CODE PUBLIC HEARING 8:10-8:49 PM Ward and Mary Ferrell were present. Chairman Callahan announced that now was the time and place for the public hearing to be held concerning Ward Ferrell's application to confirm the staff's interpretation of the zoning code. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Ward Ferrell explained that in 1948 they bought the property on Watertown Road. Ferrell stated that in 1958 they decided to divide the property to build a new home. Ferrell stated that he was informed by staff at that time that he had to appear before the Council. Ferrell stated that everyone agreed on the Council, except one person. Ferrell stated that this property was divided at the previous Mayor's (Herb Ross) request. Ferrell agreed and he met the zoning at that time and noted that he could have had 5 lots but chose four lots to make bigger lots. Ferrell explained that the surrounding lots are all the same size. Ferrell stated that the zoning has since changed. Assistant Zon.nq Administrator Gaffron reviewed with the Planning Commission that in 1967 this area was zoned 1 acre. Gaffron stated that from 1967-1975, Ferrell could have built on those lots without variances. Gaffron noted that in 1975 the area was rezoned to 2 acre. Gaffron explained that in a similar case on Shoreline Drive, the Council uenied the applicant the variances giving the City a clear policy in the common ownership issue within the rural areas of Orono. Gaffron reviewed with the Planning Commission the tax history of the property. 1 MINUTES OF THE ORONO PIJVNNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 4 #903 WARD FERRELL Rovcgno noted that for 20 years it has been taxed as a separate buildable site and for the past 3 years it has not been taxed as a buildable site. Ward Ferrell stated that he has kept the property all these years thinking he could build on each parcel and he noted he would like to build his retirement home on one of the parcels. Ferrell noted he has owned the property since 1950 and is entitled to build. Planning Commission agreed with staff's interpretation of the zoning code that the property needs a variance. Chairman Callahan suggested that the Planning Commission be polled as to their feeling on the application if it were an actual variance request. Kelley fel^. that Lots 7 and 8 should be combined into one lot, thereby only allowing two lots [the existing lot with the existing home and one other lot (7 & 8 combined)]. Mary Ferrell stated that the code is not consistent and is contradictory in that the zoning has changed along with the code over the years. Sime felt that there is very little doubt that staff interpreted the zoning code correctly, but whether he agrees with the basic premise is another point. Sime felt that there are a bundle of rights that go with the land and should not be taken away from people by changing the rules or zoning while they still own the land. Sim? stated that the common ownexsii.p issue seems to alter the rules for people. Most of the Planning Commission felt they could only approved two lots [the existing lot with the existing home and one other lot] conditioned upon Lots 7 and 8 being combined. Chairman Callahan closed the public hearing at 8:49 p.m. Rovegno moved, Sime seconded, to confirm staff's interpretation of the zoning code that these lots do need variances. Motion, Ayes (6), Nays (0). Rovegno felt that a less intense use of the property would be more reasonable by combining Lot 7 and 8 and that way the applicants would only need a lot area variance and not a lot width variance. Zoning Administrator Mabusth stated that this application was brought in under a request to confirm the interpretation of the zoning code in order to save the applicants money. Mabusth noted that a completed application would require payment for area variances for each proposed and existing building site in addition to septic testing for each undeveloped site and an alternate test site for existing MINUTES OF THE ORONO PIJVNNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 5 house. Mabusth noted that staff concluded that in light of Council's recent amendment of the zoning code dealing with rural lots under common ownership and their decision on the Shoreline Drive property of Alden Anderson^ that this approach was the most inexpensive way to get an answer for the applicant. #905 DBNMIS THOMPSON 250 OLD CRYSTAL BAY ROAD CONDITIONAL USB PERMIT PUBLIC HEARING 8sS0 - 8:51 PM Dennis Thompson was not present. Chairman Callahan announced that now was the time and place for a public hearing concerning Dennis Thompson's conditional use permit application. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for this application. Chairman Callahan closed the public hearing at 8:51 p.m. Zoning Administrator Mabusth stated that during construction on the Thompson home, staff noted a second kitchen and a separate apartment area being constructed and felt that a conditional use permit should be applied for. Mabusth stated that Thompson has agreed that the guest apartment will never be rented out. Kelley moved, Sime seconded, to recommend approval of a conditional use permit for the guest partment within the residence located at 250 Old Crystal Bay Road finding all standards of Section 10.20, Subdivision 3(G) to be statisfied subject to the condition that the separate apartment unit may never be rented. Motion, Ayes (6), Nays (0). *907 JAMBS BIGHAM 1545 LONG LAKE BLVD VARIANCE PUBLIC HEARING 8:52 - 9:12 PM James Bigham was present. Chairman Callahan announced that now was the time and place for the public hearing concerning James Bigham's variance request. There was no one present from the audience for this application. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Assistant Zoning Administrator Gaffron explained that the applicant is requesting a variance to construct an addition to his home which will increase the hardcover in both 0-75* and 75-250' setback zones. Gaffron stated that the addition will increase the potential water usage since they plan to construct a bedroom. Gaffron noted that Bigham replaced his septic system in November of 1984, but tliat there are no alternate drainfield sites on ti>e propei ty and that if the new system fails at some point and it could not be repaired, a r«»K^4a^l.*' ' 4«T1 MINUTES OP THE ORONO PIJVNNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 6 1907 JAMES BIGHAM in holding tank would be required. Gaffron stated that the real concern is when the house is sold and an eight member family could move in and this could have a major impact on the septic system. Taylor asked how many bathrooms the house would have after the proposed construction is finished. James Bigham stated that there is 1 full bathroom with 2 1/2 bathrooms existing now and they are proposing one additional full bathroom with another half bathroom. Bigham noted the total of 1 full baths and 3 half baths. Rovegno asked the applicant if he would consider building up instead of out. Kelley suggested expanding the second floor above the garage. Bigham stated that with the proposed dining room expansion it would not be feasible to expand second floor above the garage. Bigham noted that it also isn't feasible to go up instead of out. McDonald noted that sometimes a house gets bigger than the property cannot handle. Chairman Callahan closed the public hearing at 9:12 p.m. Taylor felt that the modest increase within the 0-75' and 75- 250' setback area was not a burden. Taylor noted that the addition to the house will not be any closer to the shoreline than the existing house is now or other houses in the neighborhood. Rovegno noted the negative side of the application is that if the septic system fails he has to install holding tanks. Rovegno felt that in the resolution which is filed in the chain of title that the future owner should be placed on notice that if the system fails that the owner would be required to install holding tanks. James Bigham felt that eventually all the homes in that area will be on holding tanks because of the lack of area for a proper system. Sime felt hesitant in approving a variance when the property may have septic problems, but felt it would be alright to grant a variance as long as a future owner is cautioned about the septic situation through a resolution filed in the chain of title. Kelley moved, Sime seconded, to recommend approval of the variance application by James Bigham based on the following: 1 MINUTES OF THE ORONO PIJVNNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 7 #907 JAMES BIGHAM 1.Total hardcover within the lakeshore setback area will be 3.3% within the 0-75' setback area and 39.7% within the 75-250' setback area. 2. Applicant has worked very hard in improving the run off with the terracing of the yard. 3. Applicant has recently installed a septic system in November, 1984. 4.Staff draft a resolution to be filed in the chain of title noting the septic situation and cautioning a future owner about the possible septic problems. 5. Applicant's proposal is the only place to expand on the lot because of the topography of the land. 6. Conditions 1, 2 and 5 of previous Resolution #1600 be completed in a timelv manner. 7. No future variances will be granted based on the limitations of the property. Motion, Ayes (6), Nays (0). #908 JON SCHERVBN 2649 CASCO POINT ROAD VARIANCE PUBLIC HEARING 9:25 - 10:00 PM Jon and A1 Scherven were present. Chairman Callahan announced that now was the time and place for the public hearing concerning Jon Scherven's variance. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron noted that the applicant is proposing to bui Id a two-story addition over the existing concrete slab and deck on the lake side of his parents home. Gaffron noted that in the construction plans a second kitchen is proposed to act as a second dwelling unit that his parents would live in. Gaffron noted that the applicant proposed equal amounts of hardcover tradeoff. Rovegno noted that he has no problem with the variance because of the trade off factor but that he has a problem with the conditional use permit because the property does not have adequate area to support a second dwelling unit. Kelley felt that the City could place the same restrictions on Scherven's application as they did in the Beck's application. Kelley felt that the resolution should bo filed in the chain of title and require that the conditional use permit not transfer to a new owner. 1 MINUTES OP THE ORONO PLANNING COMIHSSION MEETING HELD APRIL 15r 1985 PAGE 3 1908 JON SCBBRVBM Taylor suggested using the same conditions as in the Beck Resolution 11687 as follows; 1. The guest apartment is for use of family members only. 2. This guest apartment use may not be convoyed to any purchaser of the property. 3. The guest apartment may not be rented out. 4. This use is subject to City review at the end of four years. Jon Scherven stated that he will need more than four years as his parents plan to retire there. Scherven noted that the house needs upgrading and he proposes to do that. Zoning Administrator Mabusth asked if there was a separate entrance to the guest apartment use. Jon Scherven stated that there is the main entrance to the vestibule and then a door leading downstairs and a door leading to the upper level of the house. Rovegno noted that thi s would be like a duplex on a quarter of an acre. Rovengo felt that this was not enough area. Chairman Callahan closed the public hearing at 10:00 p.m. Taylor move, Sime seconded, to recommend approval of the variance based on the hardship of the location of the existing building and that such approval of variance is subject to removal of an equivalent amount of existing hardcover and the deck may not have concrete underneath the deck if it extends into the 0-75' setback area and to further recommend that the applicant be required to pay the fee for a conditional use permit subject to the following; 1. The guest apartment is for use of f amily members only. 2. Th; s guest apartment use may not be conveyed to a purchaser of the property. 3. The guest apartment may not be rented out and such to be confirmed by staff yearly. 4. This use is subject to City review at the end of four years. Motion, Ayes (5), Nays (1). Planning Commission member Rovegno voted nay. Rovegno felt that the property did not have adequate area to support a second dwelling unit. MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 9 •909 LOWBLL ZITZLOPP 3542 SBORBLINB DRIVE COMMERCIAL SITE PLAN REVIEW Lowell Zitzloff was present. Zitzloff explained that the proposed use for the building is for retail use and for Lowell's Auto Parts store. Zoning Administrator Mabusth explained to the applicant that there are still outstanding items that the City will need before the application is scheduled for Council review. Zitzloff explained that he will cooperate with staff if anything else is. required. Sime moved, Rovegno seconded, to recommend approval of the commercial site plan subject to the f ol lowij'.'o being submitted prior to Council review: 1. Revised comprehensive parking plan required. 2. Detailed information on signage. 3. Physical makeup of retention area -- paved, grassed if grassed need for rip rap at entrance of orifice. 4. t;« • If both lots are to be used in common, all land alterations of developed lot (east) must be shown in a total plan as with the landscape plan. Report froiii City Engineer. 6. County approval of new access. Motion, Ayes (6), Nays (0). APPROVAL OP MINUTES Callahan moved, Sime seconded, to approve the Planning Commission minutes of March 18 , 1985, as submitted. Motion, Ayes (6), Nays (0). REPRESENTATIVE TO ATTEND COUNCIL MEETING OP MAY 13, 1985 McDonald stated that she would attend the Council meeting of May 13 if it rains, and Callahan would attend the meeting if it is sunny. HOWARD JOHNSON APPEARANCE POR CONCEPTUAL DIRECTION Howard Johnson was present. Zoning Aiiministrator Mabusth explained that Howard Johnson was instructed by the Council to propose a conventional plat and not a PRD concept for his property. MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1985 PAGE 10 Howard Johnson asked for Planning Commission *s opinion on his proposal. Planning Commission advised Johnson that they also would like to see a conventional plat with no more than 7-0 units. nRimm 10:35 PM SJme moved, Rovegno seconded, to adjourn the regular meeting at 10:35 p.m. Motion, Ayes (6), Nays (0). I f.I. L«