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HomeMy WebLinkAbout06-09-1980 Planning Minuteslilii Agenda '•i!i •? ■ .■'■*; ■ a PLANNING COMMISSION MEETING MONDAY, JUNE 9, 1980 COUNCIL CHAMBERS 7:30 P.M. CALL TO ORDER & ROLL !• Call to Order & Roll PUBLIC INFORMATION MEETINGS 2. 7:30 P.M. #551 John L. Brooks, 795 North Ferndale Road - SUBDIVISION 3. 7:45 P.M. #556 Richard Hawkinson, 4625 West Branch Road - SUBDIVISION 4. 8:00 P.M. #558 William G. Fielding, 625 North Ferndale Road ^ SUBDIVISION ACTION ITEMS 5. #533 Steven Curren, 110 Orono Orchard Road - VARIANCE 6. #544 Fred Ryan, 1345 North Arm Drive - VACATION #559 Charles DeiMart, 4105 Highwood Road ~ VARIANCE7. 8. #562 Mark Fuller, 4055 Elm Street - VARIANCE WORK SESSION 9. #557 E. T. Mertz, 1820 Fox Street - SUBDIVISION 10. #555 Cortlen G. Cloutier, 2480 Casco Point Road - CONDITIONAL USE PERMIT & VARIANCE 11. #560 Robert Mortenson, 1205 Arbor Street - CONDITIONAL USE PERMIT APPROVAL OF MINUTES 12. Meeting of May 19, 1980 INFORMATION ITEMS 13. Council Meeting of June 16, 1980 has been cancelled. ^■4i.r-^: ■.•K--J .•■: ■■ IVISION DIVISION >• . )\ MIT h r . » MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 The Planning Commission met on the above date. Present were the following members: Chairman Hammerel, Frahm, Jabbour, and Hannah. Mabusth and Gaffron represented the City staff. Hammerel announced the Public Infomation Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. The applicant was not present and ^here was no one from the audience to address the Brook's subdivision. Mabusth noted the application had not changed since tlie work session and added that preliminary approval must „ until Gaffron received and reviewed the septic testing. Wilson arrived Hannah moved to table the application pending receipt of the septic testing and On-Site Manager s review. Hannah noted the tabling action will not unreasonable delay for the applicant since the Council s ^xt meeting is scheduled for J^e ^0, 1980 »d the Planning Commission is scheduled to June 23. 1980. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. ATTENDANCE 7:30 P.M. JOHN L. BROOKS 795 North Ferndale Rd Public Info. Meeting SUBDIVISION 7:30 P.M. - 7:35 P.M. (#551) 7:35 P.M. Hamnerel announced the Public Infomatxon feting. Sabusth stated she had the Affidavit of Publxcation and Certificate of Mailing. Mr. Hawkxnson was Question of adequate width for the platted access corridor. They were advised of the adjacent ^ subdivision and the 25 feet access along side the Moore driveway. Staff advxsed ihe City will require a road and utilities easement over each of the 25 ft. corridors. The City Engineer and the M.C.W.D. are reviewing the drainage and the^ sizing of the culvert for both subdivisions. Planning Commission reviewed Mike Gaffron*s memo on the experimental shallow trench system to be xnstalled oft Lot 2 and the monitoring program assumed by the Agricultural Extension Division. Wilson moved to table the application additional septic testing information bei. g for On-Site Manager's review. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. RICHARD HAWKINSON 4625 West Branch Road Public Info. Meeting SUBDIVISION 7:40 P.M. - 7:45 P.M. (#556) ■m mm m •r-T* Mi MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 Haunmerel announced the Public Information Meeting. Mabusth stated she had the Affidavit of Publication and Certificate of Mailing. The applicant was not present €uid there was no one from the audience to address the Fielding subdivision. Gaffron noted his concern that the designated lot lines for small parcel B may not contain the entire drainfield. He recommended extending the southern lot line of Parcel B to the southern lot line of Parcel A. Mabusth noted for the record that staff had requested the metes and bounds subdivision as opposed to the owners installing a new drainfield on their homestead lot. Hann2di moved to recommend approval of the metes and bounds subdivision of William Fielding subject to the southern lot line of Parcel B being realigned to include entire drainfield area. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. Steven Curren was present. Mabusth reviewed Curren s variance application originally tabled by the Planning Commission on January 14, 1980. At that meeting Planning Commission advised that additional septic testing information was necessary to determine if the original one bedroom home use could be expanded to a two bedroom home. Gaffron recommends approval of Curren*s variance application based on the conditions cited in On-Site Manager's memo of May 20, 1980 (see Page 2A). Wilson questioned Mabusth as to Staff's ability to enforce conditions of this nature. Mabusth advised that the normal ]*0view process for building permits of this type require the consideration of the same set of standards. Curren's need for a variance application and septic concern were first discovered during the building permit application stage. Frahm moved to recommend approval of the following variance application of Steve Curren: Rear Yard Setback - Side Yard Setback - required: proposed: variance: required: proposed: variance: 22' or 44% Well to Septic Tanks 6 Drainfield required: proposed variance: PAGE 2 WILLIAM G. FIELDING 625 North Ferndale Rd. Public Info. Meeting SUBDIVISION 7:45 P.M. - 7:50 P.M. (#558) STEVEN CURREN 110 Orono Orchard Road VARIANCE (#533) setback required by State # © 0 MINUTES OF, A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 2A TO: FROM: Jeanne Mabusth, Zon.i..g Administrator Michael P. Gaffron, On*Site Systems Manager DATE: Nay 20, 1980 SUBJECT: Variance - #533 Steve Curren, 110 Orono Orchard Road We have received a report of soil borings and percolation tests for this lot. The report is not what 1 would consider a comprehensive study of the soils or the site, but does indicate that the percolation rate would be acceptable for a shallow standard drainfield system. I completed a boring to determine whether a seasonal water table or zone of saturation might exist near the surface, and no evidence of seasonal wetness was found. Based on the indicated average percolation rate of 24 MPI, our code would require a minimiun of 600 sq. ft. of drainfield and a like amount possible for future use, based on the proposed two bedroom home. It appears that this requirement can be met on the lot. I am therefore making the following recommendations: 1) 2) The proposed addition to create a two-bedroom home be approved. The existing septic system be brought up to current standards, which likely will include the addition of or replacement of existing tanks and drainfield, and may include special inside plumbing considerations. Any deck structure to be located southwest of the existing foundation be made slatted rather than allowing runoff onto drainfield area. Roof runoff should be guttered and outleted to either side rather than directly onto drainfield. No future variance be granted to allow additional bedrooms since the lot'Cannot support a septic system for more than a two-bedroom home and still allow for a future replacement system. No future expansion of any kind be allowed southwest of the existing foundation. The area dedicated for drainfield be roped off during construction to avoid disruption of the soils. Variance should be granted to allow a 50* setback (required by State regulations) rather than 75* from well to septic tanks and drainfield. See Memo of January 8, 1980, and attachments. -^ - - 2zi7.::si # MINUTES OP A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 3 Approval includes items 2 through 8 of the On-Site Manager's memo dated May 20, 1980. Motion seconded by Hannah. Vote; Ayes (5), Nays (0). Motion passed unanimously. © r« Fred Ryan was present. Neighbors of the Park Drive and North Arm intersection were not present. Mabusth reviewed for Mr. Ryan the reaction and concern of staff with the Park Commission's recommendation that the subject area become a neighborhood park to be fenced and maintained by the City. The Public Works Director has called a meeting of staff members involved to discuss budgeting limitations with proposal of this scope. Plaining Commission felt strongly that if the City retains this land that it be maintained now. Ryan reported of a recent incident where the police were called out to break up a mini rock concert and remove several strangers who entered his home when the family was not home. Wilson reasserted his concern that this is not a safe location for a neighborhood park. Members agreed. Frahm noted that staff has continued to have reservations concerning the maintenance of the park grounds and if immediate maintenance is not guaranteed, property should be given to abutting property owners. The status of the area today as an attractive nuisance is a liability to the City. Frahm moved to recommend vacation of the triangular ' park land and unimproved public access per survey of December 12, 1979, subject to the following conditions: City to retain additional right of way for Park Drive. City to require utility easements over sewer lines within vacated area. City to require open space easement over area to be vacated and returned to private sector to prohibit construction of buildings, parking of vehicles and to be retained as green area. Motion seconded by Wilson. Vote; Ayes (5), Nays (0). Motion passed unanimously. © STEVEN CURREN 110 Orono Orchard Road VARIANCE (#533) Cont. FRED RYAN 1345 North Arm Drive VACATION (#544) . '1 ■> .. .. Pi ■V -*» -L - . - . mrim A'.-Vfo.-: :'xmm © MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 4 The applicant was represented by John Lynch, renter at 4105 Highwood Road. The following neighbors were present to speak on the variance application: CHARLES DAMART 4105 Highwood Road VARIANCE (#559) Mr. & Mrs. Robert F. Nelson, 4109 Highwood Road Mrs. John T. Sanborn, 4079 Highwood Road Mrs. Ollis L. Nelson, 4099 Highwood Road Mr. Edward R. Henrich, 4125 Highwood Road Mabusth noted for the records a telephone call received from Ema A. Theobold, 4101 Highwood Road. She would object to any variance being granted to the property. Mrs. Theobold is even more concerned with any change in drainage that major construction will involve. Drainage in the Highwood neighborhood has been a major problem. The majority of comments from the neighbors reflected concern with drainage. A review was made of a plat map of the Highwood neighborhood and it was noted that many of the existing residences were located on similar sized lots. Wilson was concerned with controlling the house size if approval of such variances is only conditioned on meeting setback variances and hardcover allow2uice. He felt house plans and building elevations were necessary to determine if proposed construction fit into the pattern of neighborhood development. ■ .y** ■ V.. >, ;> V,.;, Jabbour moved to table the application subject to the applic2uit submitting house plans, building, elevations and site plan designating house size and height, engineering pl2uis for major land alterations if garage is to be attached to main house and moved from street location - engineering plans to include existing and proposed elevations. Motion seconded by Hannah. Vote: Ayes (5), Nays (0). Motion passed unanimously. ‘ . J-.- ti'* a:*?Wm: Wilson asked that formal notification be sent to the neighbors in attendance whenever the DaMart*s application is rescheduled at the Planning Commission. f-''r.’*i.r m4MM rrsTTrs •. • :• • •..'.!..••• •. ■• •. ... ••.. '--Vv- ••• I .TO; MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 5 Mark Fuller and Mrs. George Matchett, owner and grandmother of the applicant, were present. The application is a renewal of a lot area and lot width variance application approved in the summer of 1978. The drainage ditch runr.vv: along Elm Street in front of property was rev J.swed and applicant was again advised that the Public Works Coordinator must determine size of culvert for driveway to proposed house. Jabbour moved to approve the lot width and area variance of Mark Fuller based on the hardship that there is no adjacent land available and subject to the following conditions: 1. Lots 7, 8 and 9 must be combined as one building site. 2. All construction to meet setback of the zoning district LR-lB. 3. Public Works Coordinator to determine culvert size for proposed driveway. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mrs. Mertz was present. Mabusth reviewed the two lot plat and stated that each lot meets the standards of the zoning district. The e:<isting structures on Lot 2 meet the setback from the proposed lot line. The On-Site Manager will prepare a report on septic information provided by applicant. A Public Information Meeting has been scheduled for June 23, 1980. MARK FULLER 4055 Elm Street VARIANCE («562) E. T. MERTZ 1820 Fox Street SUBDIVISION Work Session (#557) w Mr. Cloutier was present. Mabusth reviewed the application. The variance was required for a proposed 3* deck addition to be constructed along the sides and lakefront of the existing structure. Me. Cloutier stated that he has no such plans and that the attorney who handled the application was mistzUcen. Mabusth continued with the following review of the conditional use permit. A CUP is required for the guest apartment use and the intensification of a non-conforming use . The intensification results from quest apartment request and proposed screened porch to be constructed on second level. CORTLEN CLOUTIER 2480 Casco Point Road CONDITIONAL USE PERMIT VARIANCE Work Session (#555) PW ^ MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 6 Mr. Cloutier contends that the guest apartment was part of the original plans with the building permit and* that the building inspector at that time worked closely with him on the project. Mabusth noted for the record that the original building permit was written for only a boathouse 20* X 30* for construction valuation of $500.00. She added even in 1971 a CUP would have been required for the guest apartment. Cloutier stated that power was connected through the main house. Sewer and water lines have been placed underground between the main house and the boathouse but not connected. CORTLEN CLOUTIER 2480 Casco Point Road CONDITIONAL USE PERMIT VARIANCE (#555) Cont. I Jabbour questioned if the Planning Commission had the right to approve the intensification of a non- conforming use. In effect, we would be granting a variance and this is not legal. Cloutier contends he is just finishing the original project begun in 1971. Wilson noted that repairs to the structure would be in keeping with the ordin2uice*s requirements but the additional uses such as screened porch and complete remodeling of guest apartment is another issue. The staff was asked to report on the following before the June 23, 1980 meeting: 1. 2. 3. 4. Check on legality of hookup of utilities to main house. SAC for guest apartment. Subject lots combined euid how they were assessed. Building inspector to determine new construction on second story. Mr. and Mrs. Mortenson were present. The Mortensons reviewed their plems for the greenhouse operation and noted they would grow only rare orchids. The site would provide adequate parking area for this level of operation. Mabusth asked that before the action meeting the Planning Ccmranission review the site and the neighborhood in relation to the proposed commercial operation. Mr. Mortenson submitted a petition signed by their neighbors in Crystal commenting on their existing operation (see Page 6A). The Chairman advised that the Pl2uming Commission will act on this application at their next scheduled meeting. ROBERT MORTENSON 1205 Arbor Street CONDITIONAL USE PERMIT Work Session (#560) j2d>bour moved to approve the Minutes as submitted. Motion s<^ onded by Hannah. Vote: Ayes (5), Nays (t,. Motion passed unanimously. APPROVAL OF MINUTES May 19, 1980 Meeting adjourned ADJOURNMENT 9:45 P.M. ffr: k :v:^* lER int Road SE PERMIT SON reet SE PERMIT (TNUTES fev : ■■-■i- ••-■ MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 6A : :/ M ■ • r* i. ' Wo are nel^bore of the Mortenson's. They have been selling orchid plants from their home for the past two years. We do not feel that this activity has created any signifigent increase in traffic or created a nuisance in any manner.m- » ‘ V •r Vi- 'm • -a 'Jkik oM >■ ■ m4 yr ■■■}', J -a i'l 5^^ ‘V