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HomeMy WebLinkAbout09-21-1981 Planning Minutesi . ^ ? . , <J ';l AGENDA PLANNING COMMISSION MEETING COUNCIL CHAMBERS 7:30 PM SEPTEMBER 21, 1981 Council Representative - Norman Paurus Call to Order 1. Call to order/roll Action Items 2. #539 James McCleary, 3445 Bayside Road Final Subdivision 3. #626 C.E. Van Eeckhout, 1025 North Brown Road Preliminary Subdivision ■BTSir • •H.V.L ••••• . ••• . t-. ■ •” 4. #629 Allan C. Larson, 3852 Cherry Avenue Conditional Use Permit 5. #636 Audrey Ogland, 2601 Casco Point Road Conditional Use Permit 6. #648 First National Bank of Navarre, 2445 Shadywood Road Variance l ©7. #649 Richard Ledstrom, 3435 Sixth Avenue North Conditional Use Permit 8. #650 Joan Lindquist, 3416 Shoreline Drive Conditional Use Permit 9. #651 Lachlan Reed, 1499 Brackett's Point Road Variance 10. #652 Gerard Blohorn, 1595 Bohn's Point Road Conditional Use Permit Sketch Plan Review 11. #653 Scott Goldsmith, 245 Old Crystal Bay Road Subdivision Information Items 12. Planning Commission Representatives to attend Council meetings: September 28, 1981 - John Hammerel October 14, 1981 - Tim Adams (NOTE: WEDNESDAY) October 26, 1981 - Gloria McDonald Approval of Minutes 13. Approval of the Planning Commission minutes of August 17, 1981. \ L •^7^ ” ,T , • ■"vr MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1981 The Planning Commission met on the abo'^e date. The following ATTENDANCE members were present: Chairman Hammerel, Goetten, McDonald, 7:30 PM Rovegno, Jabbour, and Adams. Norman Paurus was present from the City Council. Jeanne Mabusth and Thomas Jacobs represented the City staff. Applicant was not present. Adams was concerned about the 10 JAMES MCCLEARY year variance expiration. Staff noted that it would be reason- 3445 Bayside Rd. able to assume that in the future, if the lots were not built on Final Subdivisior the City would likely follow the same pattern in granting the #589 variance. Goetten asked if there were any park dedication fees. Mabusth stated that Council waived the park fees. Hammerel moved to approve the McCleary final subdivision subject to the findings and c editions setforth in the staff resolution. McDonald seconded. Vote: Ayes (f), Nays (0). Charles Van Eeckhout was present. Adams wanted to know how C.E. VAN EECKHOU1 the line of the wetland was determined. Van Eeckhout stated that 1025 North Brown the actual wetland is a meandering line but a straight line was Preliminary drawn for simple description purposes. Adeuns questioned how wide the road was that serves the 7 lots. Van Eeckhout stated the road outlot is 50' wide with a 100' cul de sac but that ^)the finished road surface would be about 20'. Subdivision #626 Jabbour noted that Lot 1 lacked the necessary 200' width along the proposed road but since the average lot widths of the remaining 6 lots is adequate and did not appear a problem especially since there is some 400' of frontage along Brown Road. Adams moved to approve the 7 Lot plat of Charles Van Eeckhout in granting a lor width variance to Lot 1 based on the following hardships: 1 - Adequate 465' of lot side yard along Brown Road 2 - There is adequate width 112' along building line in consideration of the 50 and 30 ft side yard setback.m such approval is subject to the following finding: ^^**1 “ All lots meet the standards of the City's on site septic code and that each lot meets the lot standards of the RR-lB zoning district. and subject to the following conditions: % O 1 - City to take underlying road and utilities easements over Outlot A - road outlot 2 - City will require applicant to enter into a maintenance agreement to divide cost of upkeep and maintenance of said road between all seven lots. -- ' '■ :u,jt MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1981 Page 2 City will require a conservation and flowage easement over the wetlands area. Payment of a park dedication fee in the amount of $1,400.00. Each lot § $200.00. Dedication of 33' of right of way for North Brown Rd. All access to the newly created lots will be via the platted road - no direct access off North Brown Road. Goetten seconded. Vote: Ayes (6), Nays (0). Allan Larson was present. The landing that is proposed for the staircase is 6 feet. Staff has asked that the landing be trimmed back 3' by allowing the final access to abutt the retaining wall. He noted that all the plans had been signed by a licensed engineer. Applicant reviewed his contractors suggestion to replace the planking with stone consisting of 8 inch gravel to permit adequate drainage. The area covered by the planking measures 8 x 25'. Goetten noted that our City Engineer recommended a stable ground cover to help stabilize the lakeshore banks. Applicant noted that this was a heavily trafficked area and what kind of ground cover would stand the useage. Rovegno noted that the gravel would allow the necessary drainage and would also control the erosion problem. Applicant noted that the soil was marginal and doubted whether anything would ever grow there. Mabusth stated that the City Engineer would be consulted. Jabbour asked what the plans for the boat house were? Applicant stated that he had no plans for any improvements, and he hoped to keep the building if at all possible. Jabbour reviewed for the applicant the fact that this was additional hardcover in a lakeshore area that was already saturated with hardcover problems. VAN EECKHOUT (CONT.) ALLAN LARSON 3852 Cherry Ave. Conditional Use Permit #629 Goetten asked how much of a reduction in hardcover is presented in this application? Mabusth noted there would be a reduction of 100 sf of hardcover bv removing the planking and replacing with suitable ground cover or gravel. The 12 X 20 boat house and proposed staircase consists of 32 sf of hardcover. Rovegno moved to approve the lakeshore improvement phase of Larson's original conditional use permit application based on the following conditions: 1 - 3 - Access stairs being relocated per staff suggestion. Include removal of planking and replace with ground cover per City Engineer's suggestion. Rip rap along shoreline } t ' 4 t♦ i j .'•J; 4 11 ‘1 MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1981 Page 3 4 - Planting on the lakeshore slopes to help stability. LARSON (CONT.) 5 - Based on applicant's intention not to improve boathouse but Council will further review the boat house question. O o Adams seconded. Vote: Ayes (6), Nays (0). Applicant was present. Applicant misunderstood directions from previous meeting concerning an entryway to the pro­ posed apartment that would satisfy code. Jabbour noted for the applicant that the proposed unit is considered two separate residential units and would encourage a future owner to rent. The zoning district calls for single f£unily units on each lot. He added that Casco Point already has problem of the similar nature. Mabusth again reviewed that there was not enough area or adequate lot width to allow for a separate guest house, Jabbour noted that they would clearly have a hardcover problem and also that this proposal was too ambitious for this size lot. Mabusth noted that the apartment above the garage con­ sisted of 780 sq ft. of area. At the applicants request Rovegno moved to table the application. Jabbour seconded. Vote: Ayes (6), Nays (0). Lloyd Sims was present for the bank. Jabbour wanted to know the hardships needed for the variance. Applicant stated it was the location of the cash window and the need for the extra lane for the overflow of traffic. Planning Commission suggested moving the cash window to the back of the bank. Applicant stated this would create traffic stack-up problems. Planning Commission stated they would need a complete site plan before they could make any determination. Jabbour moved to table the application giving the ap­ plicant time to come in with revised site plan designating all parking and traffic flow. Planning Commission urged applicant to find an alternate site for the cash window, preferably the back of the bank. Goetten seconded. Vote: Ayes (6), Nays (0). Richard Ledstrom was present. Applicant requests per­ mission to perform maintenance dredging of a wildlife pond on his property. The pond has become a very popular nesting area for Canadian Geese. Because of this their droppings have filled the bottom and are eutrophying it to the point that he wishes to dredge it back to hard bottom. AUDREY OGLAND 2601 Casco Point Rd Conditional Use Permit #636 FIRST NATIONAL BANK OF NAVARRE 2445 Shadywood Rd. Variance #648 1 RICHARD LEDSTROM 3435 Sixth Ave. No. Conditional Use Permit #649 MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1981 Page 4 O Applicant stated that he would remove approximately 6-8 inches, or just until the original bottom was restored. Hammerel moved to approve the conditional use permit for maintenance dredging of Richard Ledstrom's wildlife pond subject to the following findings and conditions: 1 - The pond is open water and is not supporting any wetland vegetation therefore dredging would not remove any existing assimilative capacity. 2 - With removal of culvert, there is no direct flowage from the pond into the adjacent wetlands. 3 - The proposal would not increase pond size nor reduce retention capacity. 4 - Application is "maintenance dredging". Adams seconded. Vote: Ayes (6), Nays (0). Applicants were not present. The Lundquists are the new owners of the Mexican Inn in Navarre. The Mexican Inn was never recognized with a formal conditional use permit and staff has asked the owner to apply for the required permit. Planning Commission found no problems. Jabbour moved to approve the conditional use permit for Joan Lundquist, owner of the Mexican Inn. Hammerel seconded. Vote: Ayes (6), Nays (0). Lachlan Reed and Dick Hassel, applicants attorney, were present. Jabbour stated that he was surprised that the City would accept an application that allowed expansion of a non conforming structure in consideration of the Orono Code and the recent State Supreme Court ruling. Mabusth’advised Jabbour to consult Section 31.110 distin guishing the differences in interpreting code for non- conforming uses and non-conforming structures. Dick Hassel explained that of the total 3.59 acres 1.93 is excluded from the building envelope. He noted for the Planning Commission that the actual increase in .hardcover was 56 sf because of the existing hardcover the addition would be placed on. Rovegno suggested a trade off of hardcover to allow for the additional hardcover. He questioned the existing drainage or manhole in the west corner of the paved area. m LEDSTROM (CONT.) JOAN LUNDQUIST 3416 Shoreline Dr. Conditional Use Permit #650 LACHLAN REED 1499 Brackett's Point Road Variance #651 Hassel stated that he could not conceive of a rcore accep­ table method of drainage since the existing grade brings all of the drainage on the west side to that manhole and to nave it opened up and drain over the banks would create extreme erosion problems which is not environmentally sound. k o © r ^ iTvrj MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1981 Page 5 Jabbour asked that the City attorney advise the City of the Supreme Court ruling that he is referring to. REED (CONT.) Mabusth noted that what was different in this application from the Bredeson application in which the City approved the creation of a new non-conforming structure. Rovegno moved to approve the hardcover and lakeshore setback variance application for Lachlan Reed based on the hardships of the house location on the pennisula and the interior design of the house only allowing additions to be placed on the west si \e of house. Such approval is subject to the following conditions: 1 - 2 - Additional hardcover be offset by removing an equivalent amount of hardcover to supplement for additional hardcover. All drainage from new addtion be directed away from lakeshore side - City Engineer to review drainage culvert. ■ I f 1 Hammerel seconded. Vote: Ayes (5), Nays (1).m Minority Opinion - Jabbour - He stated that he could not approve of such an application that approved expansion of a non conforming structure based on the recent State Supreme Court ruling. Gerard Blohorn and Dick Hassel, applicant's attorney, were present. Mr. Hassel noted that this was not an expansion on the existing pool house but merely interior design changes within the structure. Mabusth advised the Planning Commission that the building permit forbids the installation of kitchen facilities and not until the Conditional Use Permit was issued^ could the kitchen facilities be installed. GERARD BLOHORN 1595 Bohns Point Conditional Use Permit #652 Rovegno asked if it was within* the code to build bathroom facilities without a Conditional Use Permit? Mabusth noted that the existing pool house already had a bathroom and that it was just a matter of relocating it. Goetten moved to approve the Conditional Use Permit for Gerard Blohorn for the guest house located at 1595 Bohns Point Road finding that there is adequate area and width to support a second residential unit and subject to the condition^ as required by code,that this unit may never by rented. Jabbour seconded. Vote: Ayes (6), Nays (0). r ih ■fp- t r • :.■■■. . ; . >- •-f’VNt; »=s>.iF^';f3iijr-#r. avrm m MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 21, 1981 Page 6 r r Scott Goldsmith was present. He explained that he repre­ sented the owner in the subdivision and that he would acquire the larger parcel to the west, Lot 1, and the owner of Lot 2 already lives in the existing house. Planning Commission noted for the applicant that there was an animal barn that did not comply with the 150 ft. setback nor is the lot large enough to house animals. Adams noted that the lines could be drawt to give the required 150 ft. Rovegno noted that it still would not comply since the lot was still too small to house animals and asked that in the final resolution that it state that no animals are to be kept on that property except for the normal household type pet as allowed and controlled by Ordinances. McDonald asked if the owner of Lot 2 was aware of the restriction placed on the animal barn? Applicant stated that he was. Mabusth advised that a letter from the future owner should be submitted stating that he is aware of the restrictions on the barn's use. Rovegno asked about the orchard and noted that the code does not allow commercial sales of the produce grown on the property. Mabusth advised that a public hearing would be scheduled for the subdivision upon receipt of the preliminary subdivision fees, property owners list, accompanying envelopes and letter from future owner of Lot 2. She noted that septic testing would not be necessary for this subdivision but that Michael Gaffron would inspect the existing septic system on Lot No action required. Gabriel Jabbour stated that he is resigning from the Planning Commission effective immediately, September 21, 1981. He stated that he was withdrawing his letter requesting appointment to the City Council. He is resigning because of what he feels is a personal conflict with one of the Council members. He wishes to thank the Planning Commission and staff. Planning Commission Chairman, John Hammerel, accepted Mr. Jabbour's resigna­ tion and thanked him for his years of service to the community. SCOTT GOLDSMITH 245 Old Crystal Bay Subdivision #653 RESIGNATION OF COMMISSION MEMBER GABRIEL JABBOUR I o Jabbour moved to approve the August 17, 1981, Planning APPROVAL OF MINUTES Commission minutes subject to the amendments and additions. Goetten seconded. Vote; Ayes (6), Nays (0). The Planning Commission adjourned at 10:00 PM. ADJOURNMENT lOton PM