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HomeMy WebLinkAbout02-07-1972 Planning MinutesNOTICE OROHO, WILL BEA regular HBTING OP THE PLANNING COMMISSION, VILLAGE OF HELD MONDAY, FEBRUARY 7, 1972 at «:50 P.M. Tha Orono Plaaning emission will aeet fro« 6:30-7:30 P.M. on Monday, February 7, 1972 to discuss rarious Planned Unit Develo|went ordinances. AGENDA 1. PUBLIC HEARING • Conditional Use Penait 2. VARIANCE - Carl 3. DREDGING - Sirkeland 4. BUILDING PERMIT - Wear • Dorn po n'jxt neotln${ will be held Tuesday, February 22, 1972 es Monday. February 21, 1972 is a legal holiday. O VILLAGE OF OROHO Regular Meeting of the Planning Coanission, February 7, 1972 7:30 P.M. The Planning Coaaission set on the above date with the following members present: Chair­ man Poisson, Elliott, Gasch, Herfurth, Kullberg, Ryerse, Searles, and Councilman itessengale. I* the audience: Councilmen Dorn and McCarthy, Administrator Martin and Mayor Oberhauser. Absent: Hays, Kuhlemeier, Nicholls, and Southworth. I Attorney Milton Dunham represented Earl Dorn in presenting an application for a conditional use permit to conduct a Child­ ren's Day Camp at 4045 Watertown Road. PUBLIC HEARING Dorn Day Camp 4045 Watertown Road In his presentation he brought out: 1) Ages of the children using the camp would be from 4 to 11 years old. 2) The number of childret? would be from 25 to 40. Thirty-two was considered tJ»e number to make the project economically feasible. This was a lower density than the SO proposed last year. 3) Hours would be from 9:00 A.M. to 3:00 P.N., five days a week for two, three week sessions in June and July. 4) Children would be bused in. S) There would be no lunches served. Children would each bring a bag lunch. 6) Sanitary facilities would be "Satelite Service". 7) Children to counselor ratio would be five to six children for each counselor including a registered life guard. 8) Activities would include use of a 20' X 40' swimming pool to be constructed, iiorseback riding and games. 9) He then described the physical aspects of the Dorn property consisting of 10 acres, much of it wooded. He described the adjacent properties and presented photos of the subject property. ^Chairman Poisson now opened the discussion to the public. Dorn stated that a public iiearing is not legally necessary for this type of permit and that he voluntarily (Continued) MINUTES OP A REGUUR MEETING HELD FEBRUARY 7, 1972 Page Z prescribed to it. Mr. Lee, attorney for the opposition, asked that those within 300* of the canp be allowed to speak, i^oisson read the list including: L. Butterfield, Dorn, Kostka, Child, D, Stubbs, Kirsch, and Oslund. The following voiced opposition on these grounds: Ilrs. Koska - An operation like this would be noisy. - moved out to Orono for peace This usage would violate this ir. Kokesh and quiet, privilege. Searles stated that a subjective judgment w.-tuld be necessary to determine how the distance to adjacent properties and the number of children using the subject property could inhibit or cause loss of valuation in these properties. Gasch stated she did not believe the lot wide enough for a campsite. Mesdames Petersen and Carruthers voiced opposition to the camp on the grounds it would increase traffic. Mr. Dunham said that there would be no more traffic tJ:an that engendered on school days during the school season. Mr. Stubbs was of the opinion that if Orono wanted day camps, areas sliould be designated in the zoning for this type of usage. Attorney Lee stated he questioned the legality of the perisit feeling that there were no provisions in the code. Section 34.023, to allow for this usago. Searles said tiiat there were provisions for camps, and this usage was similar to others listed in the code. Searles moved, Ryerse seconded, that the Planning Commission recommend standards that would make regulatory the number of children allowed according to the size of an area and also regulations regarding the distance an adjacent property should be from the focal point of the camp. Thus future applications would have guidelines to work on. Motion failed. TheKullberg moved that permit be denied, reason lor the motion being basically the large number of children using the facility. Also to be taken into consideration that the majority of people in the area do not favor a camp, the camp would engender traffic PUBLIC HEARING (Continued) problems and could cause property devaluation. Motion died for lack of a second. (Continued) MINUTES OF A REGULAR MEETING HELD FEBRUARY 7, 1972 Pag© S Herfurth aoved, Elli^'tt seconded, that after listening to all the testimony he was of the opinion the camp would cause no excessive traffic, no decrease in property value, and except for the two contiguous property owners, noise would be no factor. He felt the permit should be allowed for one year, to be renewed thereafter and that a legal interpretation of 34.023 be obtained from the Village Attorney. Motion, Ayes (3) - Nays (4). Gasch,Kullberg, Poisson, and Searles Nay. Councilman McCarthy suggested from the floor that the Planning Commission members and the Village Council and interested adjacent property owners meet at the site next Saturday morning to view the problems involved and look at the mat.ar objectively, Poisson moved, Searles seconded, that such a meeting should be held Saturday, February 11, 1972 at 10:00 A. M. Motion, Ayes (7) - Nays (0) Charles Carl represented himself in a variance on lot size and width on Lot 8, Skarp 8 Lindquist, Fernhill. The lot in question is SO* X 190* and the zoning requirements are one acre and 140' width. The half»section ma.j showine the d( PUBLIC HEARING (Continued) VARIANCE The' half'section mat; showing the density of the area was studied by members. Discussion was now held on the suitter of "single separate ownership", Searles explained to members that this does not refer to persons owning the property but to the property itself--thus, if the property had been standing alone and not been adjacent to another property having the same ownership, it would be in "single separate ownership". Mr. Carl was asked that if one of the adjacent empty lots were available at the same purchase price as Lot 8, he would buy it. He said he would not have the means to do so. Ryerse moved, Elliott seconded, that if Mr. Carl could prove the property was in single separate ownership as required oy Municipal Ordinance 31.200, approval should be recommended. Motion, Ayes (6) - Nays (1). Herfurth Nay. Robert Birkeland represented himself in an application to dredge a lagoon on his property at North Shore Drive and Wildhurst Trail. He stated the lagoon was presently abc.it 2' deep and he wished to dredge out 41o cu. yds. to keep the lagoon usable for his boat. Tlie dredgings would be only used as a top dressing over the clay fill placed on the premises at (Continued) CONDITIONAL USE Robert Birkeland Wildhurst Trail MINUTES OF A REGULAR MEETING HELD FEBRUARY 7, 1972 Page 4 the tlae of sewer installation. The fill would be for landscaping purposes only, not filling any wetlands. CONDITIONAL USE PERfllT Nildhurst Trail (C atinued] Searles explained that the Village was not eapowered to regulate dredging in open waters only to regulate the placement of the fill AS pertaining to Municipal Ordinance No. 12S. Searles aioved, Poisson seconded, that recosBiendation be to approve the placenent of the dredgings with the engineer's approval’ not to be construed as any approval of the actual dredging of the lagoon. Motion, I (7) - Nays (0).Ayes Mr. Carney represented Robert Parten in a division of 1060 Tonkawa Road. He presented a new plat and letters from the Village Attorney stating the lot^width requirenents would be set. DIVISION 1060 Tonkawa Road Searles objected to the division as proposed on the grounds this was gerrymandering to get around the purpose of the ordinance which was not intended to allow divisions such as this. He did not question the legality of the division. Poisson changed the lines of the proposed division running a straight line from the street to a point where the 130' measurement as shown due north of the existing house meets the plat as proposed. Foresaid line to be a distance of 140' from the north line of the property at the front setback point of 35*. Poisson moved, Elliott seconded, that the plat as revised be recommended. Motion, Ay.< (,) - Nays (0). ,bstaine.l. Poisson moved, Searles seconded, that the meeting be adjourned at llrOO P.M. adjournment Respectfully submitted. Mike Scheller Secretary J