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Home My WebLink About04-20-1992 Planning MinutesW- •••^ ♦/■** t'V. ' , V'- --v'Erf- ir- -'Ar •>■ : ■ . «.■ '■ ■&*■'.■ ’> ,‘K tL't-m§ "^...c-'^r.J:i ■ ‘ •' f- 5.i^- mmffei MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 ROLL The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, Charles Schroeder, Candace Rowlette, Stephen Peterson and Ed Cohen. Jeff Johnson was absent. The following represented me City Staff: Building and Zoning Administrator Jeanne Mabusth and City Recorder Teri Naab. Mayor Barbara Peterson, Edward Callahan, Gabriel Jabbour and J. Dlann Goetten were present to represent the City Council. Chair Kelley called the meeting to order at 7:00 p.m. («1) «1729 CLAIR ROOD, 3280 NAVARRE LANE - RESIDENTIAL SUBDIVISION OF A LOT LINE REARRANGEMENT - PUBLIC HEARING 7:02 - 7:03 P.M. The Af f j dav 11 of Pub I I cat ion and Cert I f I cate of Mai I i ng were noted. It was moved by Chair Kelley, seconded by Cohen, to table Application #1729 for Clair Rood for a residential subdivision of a lot line rearrangement for 3280 Navarre Lane, at the applicant’s request. Ayes 6, nays 0. Rowlette asked where all the dirt on the property was going. Mabusth explained It would be used as fill in designated areas and any excess would be removed from the site. (#2) #1730 GREG MALIK, 3060 SIXTH AVENUE NORTH - PRELIMINARY SUBDIVISION ~ PUBLIC HEARING 7:42 - 7:58 P.M. The Affidavit of Pub! Ication and Certificate of Mai I ing were noted. Greg Malik was present. Mabusth :^xpialned this is a proposed two lot division. Both lots meet the required 50’ width at the fror* setback line. A private drive will be located within Out lot A to iOrve both properties, and at the time of installation of the shared drive, the existing drive will be removed. She stated that the existing house on Lot 2 does not meet the required 30’ setback from the side lot line, and she encouraged them to approve the out lot as proposed to allow enough room to locate the drive close to the west lot line of the out lot. She stated that with the Installation of the private drive, the existing septic system serving the residence on Lot 2 wii! be destroyed, therefore the house would need to convert to the alternate site which does not meet the required separation setback from the well. The well would need to be abandoned if the alternate septic site is to be used. She noted the second well site is to be abandoned at the time of the sale of the property. She asked Malik his Intentions for the existing residence. 1 '% I- . .J mm .%i Pv': ;Ufa mmM:'- %'M is4 ‘VV V. ■ C\ f-imm, W’lii n. ->.iP ’ j,m w MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 ZONING FILE #1730 - CONT. Malik stated he Intended to live in the existing house until his new house on Lot 1 was completed, at which time he intended to sell Lot 2 as vacant property unless someone wished to restore the existing house. Mabusth explained the applicant plans to use the existing drive during construction. Bellows felt they were creating a problem by allowing a residence to remain without a well and functioning drainfieid. Chair Kelley felt there was a possibility that the house might be vacated and left for many years unoccupied and in disrepair. Bellows asked if a Temporary Certificate of Occupancy could be conditioned upon the removal of the existing residence. Mabusth stated that the Developers Agreement and Letter of Credit required with final subdivision approval would cover the Installation of the shared drive, and abandonment of the septic system. The required improvements could also include demolition of the house and abandonment of the well. Malik requested a 90 day period in which to remove the house. He also requested an additional period of time to occupy the existing residence during the construction of the private drive. Mabusth noted the applicant would be allowed to occupy the new residence during an interim period of time under the Temporary Certificate of Occupancy. Peterson noted the County is requesting a dedication of a 60’ right-of-way. He asked whether the garage would also be removed at the time of the removal of the house. Malik noted that all improvements on the property will be removed. It was moved by Chair Kelley, seconded by Cohen, to recommend approval for Application #1730 for Grog Malik of 3060 Sixth Avenue North for prolIminary subdivision, subject to conditIons #1 through 6, excluding #5 and modification of #4, of the staff memo to Planning Commission dated April 15, 1992, and to the issuance of a Temporary Ce»'t i f I cate of Occupancy allowing the appi I cant 10 days to complete the construction of the shared drive, and within 90 days of the Certificate of Occupancy the existing house and out lot buiIdings wi11 be removed, and the existIng septic system and weii will be abandoned per current ordinances. Ayes 6, nays 0. ' ■‘i -. ' 'iMmmM r*: ifiia ’ ’I '<'f- i - ^ ^^v ‘‘ --.y. • mm^ -"Wr MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 ev: »>c-- ZONING FILE *1730 - CONT. Chair Kelley requested that the Letter of Credit be written to Include the removal of the ex IstIng res Idence and out lot buI 1dIngs, the abandonment of the existing septic system and well, and the construction of the shared drive. Malik asked about the Fiowage and Conservation Easement. Mabusth explained that the Easement will be taken over the designated wetland and shall be designated as a drainage easement on the plat. mmmmm (*3) *1698 JIM RIVERS, 1442 SHORELINE DRIVE - VARIANCE - CONTINUATION OF A PUBLIC HEARING 7:27 7:30 P.M ■j- r,,. ' ' fe;::Mr. and Mrs. Jim Rivers were present.§mrnm^ Mabusth explained that the application involves a three season porch on the lakeside of the house. She noted it consists of approximately 317 square feet of hardcover. The applicants’ amended appl I cat ion proposes approximately 240 square feet of green area adjacent to the roadway to offset hardcover In the 0-75’ setback area. Rivers commented that the total green space proposed for both lots is approximately 570 square feet, and he felt that the Commission should consider all the marina property as one as it all works together. Chair Kelley asked If the house to the north was currently occupied, and if not, would the applicants consider removing the house in trade for the deck. Rivers did not think that was feasible. Cohen reviewed that the building permit issued in 1976 noted no improvements for a deck. Mabusth explained that the applicant was granted a variance for the 1976 addition to the lakeside of his home, and the permit and butiding plans specif leally stated that only steps for access would be allowed as additional hardcover. Rivers noted that the deck was added at the time of the addition and plead ignorance as to why the deck was not approved at that time. .'b Mr1 / Mi . .A? i-’-c;4a|^,: ,v V;, .;;‘;«^;v^^j? 3%^ ... S^?' ■ '•^%f . ^ ■ ■’ -> f-’>*■'*»J ^v‘ *• r*‘ aiSiSi:, V .. : 'j ■') SJ?.v rfSil»! =■ '• j.w”^ij^-'’v; •' I»cj,. .. .iiU ■m'-^L«r'^ ■ •t.-'TTOa ♦ :iii, .1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 ZONING FILE «1698 » CONT. It was moved by Bellows, seconded by Cohen, to recommend denial of Application #1698 for Jim Rivers of 1442 Shoreline Drive, for the after-the-fact variance for the enclosed deck as the permit Issued in 1976 specifically stated that approval was only for access stairs, and only those access stairs can remain as indicated on that permit. Ayes 6, nays 0. It was moved by Cohen, seconded by Bellows, to recommend that the enclosed deck be removed by July 1, 1992. Ayes 6, nays 0. (#4) *1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE - REFERRED BACK TO PLANNING COMMISSION FOR ADDITIONAL REVIEW Mrs. McCurdy was present for this application. Mabusth explained the applicants seek approval of the intensification of hardcover where excesses already exist. The applicants propose the construction of an 8*x17* second story deck over an existing patio. She noted the application was originally brought before the Planning Commission absent an updated survey and hardcover inventory as the applicants had asked for special consideration to use an earlier survey and inventory review from a 1986 appiI cat ion. The appiicants have provided an updated survey of the property since Council concurred with the Planning Commission that an updated survey was necessary. She stated the current proposal does not propose an increase in hardcover. McCurdy noted that the original survey was done by staff for the 1976 review, and the current submittal was done by Coffin and Qronberg. She noted the deck was intended to be included with the 1986 addition. Rowlette noted that with the 1986 review, staff indicated Ox hardcover In the 0-75* zone. She asked of what the additional hardcover consisted. Mabusth explained that the staff Inventory of 1986 was incomplete, and the hardcover listed on the current hardcover Inventory is not new hardcover. The percentage for the 0-75’ zone includes lakeshore decking, access stairs, and part of the house. Chair Kelley asked about further hardcover reductions. K 'l, ,, ^ r>'4 .. i:-V W: i * ' MM ■i: '.; '\ K ' .1 'f. . ‘V/- ; /' ' ■ ' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 :m ZONING FILE »1700 ~ CONT. r. v>;?.K>-V:>*C wK^mn McCurdy explained they did reduce hardcover with the 1986 review on the west side of house but felt there wasn’t anywhere else they could remove hardcover. (yk'iA'i Schroeder asked 4oout the two garages. McCurdy explained they use the garage near the road during the winter because of the steep slope of the drive. -if It was moved by Chair Kelley, seconded by Cohen, to recommend denial of Application #1700 for Dale McCurdy, 4041 North Shore Drive, because of the intensification of excessive hardcover on the property. Ayes 4, nays 2. Rowlette and Schroeder voted nay. McCurdy noted that with the exception of the addition in 1986, all improvements on the property have been in place since 1976. i. ■Rowlette stated she would like to see the hardcover percentage reduced, however the deck Is being placed over existing hardcover. Be!lows asked about plans from the 1976 project. in the City files and theMabusth noted they were never located applicant did not have copies. mi Schroeder agreed with Rowlette and felt they could put the applicants on notice that no additional hardcover on the property would be a I lowed. (#6) THOMAS LYTLE, 1935 CONCORDIA STREET - VARIANCE CONTINUATION OF PUBLIC HEARING 7:16 - 7:22 P.M. Thomas Lytle was present. Mabusth reminded the Commission that this application was originally tabled to allow applicant time to reconsider the relocation of the lakeside deck, which he has done. The deck now encroaches 3’ Into the 0-75’ setback zone resulting In 56 square feet of hardcover or IX within that zone. It also Increaw^s hardcover In the 75-250’ zone by approximately 190 square feet or IX as the majority of the deck has been located behind the 75* setback line. She reviewed the location of the mature trees in the lakeshore yard. j."' , y.i n—^TiTT^ T* ‘,' 'r'\^ i^if-k'''! ' • i? Jk^'j- i ''’a |k^3| • = ;»1. j»'. .■>. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 J i;s .. r-- .*» vvt?£^r\ 'fj.i-' my}- n3 4 '■ ' ^' *’* *'^1 L*'')fe:^ wp^MM mM '}~}W T, '.V ''' , i.y ■^W0^/ ' f ■ ZONING FILE #1714 - CONT. Lytle reminded the Commission that his iakeshore lot line decreased by 11* after having an updated survey done. Chair Keliey asked which way the drainage flows on the property in the front yard and the dimensions of the garage. Mabusth noted that drainage flows towards the house. She stated that the proposed garage is 22’x22* and staff has added a backup apron for safety purposes. Cohen asked about removals of existing hardcover. Lytle stated there was nothing on the property to remove. It was moved by Rowlette, seconded by Cohen, to recommend approval of Application #1714 for Thomas Lytle of 1936 Concordia Street, for a street setback and side setback variance to construct a detached garage, a iakeshore setback variance and average iakeshore setback variance to construct a deck, and hardcover variances to increase hardcover in both the 0-75’ and 75-250’ zone by 1* in each zone, approval based upon hardships stated by applicant and the fact that the applicant has shown a good faith effort. Ayes 6, nays 0. (#6) #1724 TAMMY L. IfOODIS, 2818 CASCO POINT ROAD - CONDITIONAL USE PERMIT PUBLIC HEARING 8:11 - 8:12 P.M. It was moved by Cohen, seconded by Rowlette, to table Application #1724 Tammy L. Woodis of 2818 Casco Point Road until such time that the applicant or a representative can be present. Ayes 6, nays 0. (#7) #1726 DAVIS FANSLER, 4180 BAYSIDE ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:26 - 7:27 P.M The Af f i dav 11 of Pub I i cation and Cert I f I cate of Mai i I ng were noted. Davis Fansier was present for this application. Mabusth reviewed that the City recently approved a street setback variance for this property and during that review the applicant informed the City that he would be seeking approval for a non rental guest apartment. She noted the apartment meets all pertinent standards. 6 . .fill \ ' m w rr#v ^'v -4*- v^jyV-* ■:.7:r- ,r-:^ ‘.a,'*. * . » •, mm MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 •fmrm. ' ■ZONING FILE #1725 - CONT. • - _' Pansier explained this apartment will be for his mother-ln-Iaw.'I v-Ui m h ^■ ''Tiv^ mm r * a '■mmi -. I •■ It was moved by Cohen, seconded by Bellows, to recommend approval of Application #1725 for Davis Fansler of 4180 Bayside Road for a conditional use permit for a non-rentai guest apartment, subject to the apartment never having a separate entrance from the principal residence and that the apartment may never be uused for rental purposes. Ayes 6, nays 0. WME'mm (#8) *1726 BARBARA AND JAMES OLEXA, 996 WILDHURST TRAIL - VARIANCE PUBLIC HEARING - 7:34 - 7:36 P.M. Whm The Affidavit of Pub I I cat I on and Certificate of Mailing wore noted. Barbara and James Oiexa were present. mJ-- •Mabusth explained that the applicants propose a 20*x30* addition to the east of the existing residence and the removal of an existing garage. The proposed addition consists of a garage and a covered patio area. Staff has amended hardcover within the 75- 250* zone to include landscape area underlain with plastic discovered on site by staff. Mr. Oiexa stated that they were unaware of the plastic and were willing to remove It. m Cohen stated that should take care of the excess of hardcover. Mabusth stated that would actually reduce the overall hardcover percentages for the property. Chair Kelley asked about the neighbor to the east. Mabusth stated that all neighbors have approved of the proposed plans. Rowiette felt that the addition was too close to the side lot Iine. Mrs. Oiexa pointed out that the lot line angles and the addition is only close at the rear lot line. Mabusth stated that their comprehensive plan includes an expansion of the second story over the existing garage. ■K^v: a ■ V* ; Pi® Aijai r m « 'l 4mi. m V > •VV' ■■■ '** ■• ,- ■'*•1 -r;>- '■' : *»' ^'m atnl^'a •?;ii ' J* ; ■ ^ fif ;.;-2^4ia P S-.vAiX':',m ‘V mM ■i , • -iC' ;V-_ ^ .r. Lr< m MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 ZONING FILE #1726 - CONT. It was moved by Schroeder, seconded by Peterson, to recommend approval of Application #1726 for Barbara and James Oiexa of 995 WiIdhurst Trail, for side setback and hardcover variances to construct an addition to the existing residence, subject to the removal of the existing detached garage and all plastic under rock be removed on the property. Ayes 6, nays 0. (#9) #1728 MOLLY AND DRAPER JAFFRAY, 540 BARRETT AVENUE - VARIANCE PUBLIC HEARING 8:00 - 8:10 P.M. The Affidavit of Pub 11 cat I on and Certificate of MallIng were noted. Molly and Draper Jaffray were present. Mabusth explained that the applicants are proposing a three story addition which requires a street setback variance of 25’. The existing residence is 12’ from the right-of-way. The proposed addition will be 25’ from the right-of-way where a 50’ setback is required. She noted the garage to be located at the lower level, the family room on the first floor, and a bedroom on the second floor. Access to the garage will be gained through the alley to the east, and the applicants will still maintain access onto Barrett Avenue. Rowlette asked the intentions for the existing garage and felt It could be in a hazardous condition. Mr. Jaffray stated that they would like to leave the garage for storage, and In the future they may either repair It or remove it. Cohen asked if the City has ordinances requiring the maintenance of such structures. Mabusth stated that there is not specific standards for maintenance of structures, but if a building is found to be hazardous, then the City can proceed with legal action. She stated the rear wail of the garage Is pushed out because of pressure from the hill. She noted that If the building were removed, the owner would need to install some type of retaining wall. If the structure were to be rebuilt, it would require variance approval. Jaffray understood staff recommendation to remove the existing garage and felt that would be reasonable. Peterson asked If the garage could be aliowed to remain until completion of the new garage. 8 i t* 11 iitifft re- ^ ' *1 * ■ ■ X ^p ^iv; -:3 ' -y,' :'.■ r -t iB,m^ *A ’/ wm MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 ZONING FILE *1728 - CONT. ’JA ^ • Vkim. Mabusth pointed out that the applicants own six conti&wious lots, but only three of them are combined. Jaffray explained that one of the lots is torrens and the others abstract, making the procedure very difficult. !■' ■ • . > S !§i It was moved by Schroeder, seconded by Bellows, to recommend approval of Application #1728 for Molly and Draper Jaffray of 540 Barrett Avenue, for a front street setback variance to construct an addition ^o the existing residence, subject to the removal of the existing garage 30 days after completion of the proposed addition. Ayes 6, nays 0. =•«!Rowlette noted that staff Is requesting detailed grading and drainage plans with the building permit application. ' . , ^ ■ * m • |ti|t. Mabusth stated that because of the steep topography and the need to alter existing grades, applicant must provide detailed grading plans. '.f-m ; r- • . , a ; :''v (#10) REPORT BY PLANNING COMMISSION REPRESENTATIVE Rowlette noted she was happy with all the decisions made by the Counci I. (#11) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE Chair Kelley noted the Committee would meet Wednesday, April 22, 1992 at 7:45 a.m. at the Council Chambers. (#12) REPORT BY THE FACILITIES COMMITTEE REPRESENTATIVE ' : ^r V -1iA>'.vr ■ .. i ■ 'i? Chair Kelley noted the Committee would meet on Tuesday, April 1992 at 5:00 p.m. at the Orono Link. (#13) OTHER ISSUES 'WP.;r There were no other issues. (#14) APPROVAL OF MINUTES It was moved by Cohen, seconded by Chair Kelley, to approve the minutes of the March 16, 1992 Planning Commission meeting. Ayes 6, nays 0. mm- mrmm:: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 1992 (#15) REPRESENTATIVE TO THE MAY 11, 1992 COUNCIL MEETING Cohen and Peterson volunteered to attend the May 11, 1992 Council meeting. ADJOURNMENT Chair Kelley adjourned the regular Plannl/«g Ion' meeting at 8:14 p.m. mssSi li; Char Ies cKalr Person .• 91 w •S:1.;' \X. k MX' '* yy i*Wf ir-L'. W:: iSife“ to.; ••' .y '■•' K •', .h:y-r I ■\ ■i‘ ■ ‘ "'M— .^^*v)-'. % ^ • Miiil ,>'f 1 feSWSP* ', :'r.' ;■h4 ■:V illM ■ ■ '.'. '''■;•• ^>:.- :.••• -\*T >8'r "• ^*1 mrnmfmdil^^l '-te'sraiSikWi \r=p^v;' ^'^;.;v,S t-k • '^lT * -.1 •■'■’ fv,"' - V.- • A 7} isSi »i-i m