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HomeMy WebLinkAbout06-20-1988 Planning MinutesmaUTBS OP TBB PLMOiiaG COMHISSIOa MBBTiaC ; IH ^»juiB 2d, ifii ATTBHDAHCB 7t05 P.N. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Bellows, Johnson, and Moos. Hanson, Cohen, and Brown arrived in a short period of time after the meeting started respectively. The following represented the City staff: Building i Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Building & Fire Inspector Jacobs, and City Recorder Peterson. CounciImembers Callahan and Goetten were also present. 6BNB a CATHBRin 8CMMUM 2815 CASCO POIBT ROAD CORDITIORAL D8B PBRNIT a VARIAMCB SWCOIIP RBVIBV Gene a Catherine Scanlon were present for this matter. Mabusth reviewed the amended survey and revised elevation/plan and the hardcover issues. It was noted that the elevation plan did not reflect the reduced sized deck per Planning Commission's direction at the last meeting. Jacobs noted that the proposed stairway does not meet current code standards. Kelley reviewed the Planning Commission's direction regarding the deck and stairway at their last meeting. It was moved by Kelley, seconded by Moos, to table this matter pending a revised plan showing a 15'x 11' deck, with a minimum dimension stairway plan that meets the safety code standards. Motion, Ayes 6, Hays 1. Johnson voted nay because he felt the entire structure was too visually massive in the lakeshore yard. Motion carried. *1278 ROM TIMI 4496 HORTB 8HORB DRIVB VARIABCB PUBLIC HBARIHG 7s21-7s24 The Affidavit of Publication and Certificate of Mailing were noted. Ronald Timm was present for this matter. H'"' noted the letter of approval from his neighbor Included in the packet. MiaOTBS OP TBB PLMmiMG C0MN18SI0M !Tia6 BXLD J1 20, 1900 #1278 TINM COMTIIH IJ Gaffron explained the request for an average lakeshore setback variance and a 75-250* hardcover variance to construct a deck. He reviewed staff's reconnendation for removal of hardcover to reduce the 75-250* hardcover to 38.2% from the existing 43.9% and proposed 46.0%. Mr. Timm stated he had a plan that would reduce the 75- 250* hardcover to 36%. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Johnson, to recommend approval per staff's recommendation of hardcover removal to 38.2% final **5-250* hardcover. Motion, Ayes 7, Mays 0. #1280 NBMDT L. NBIIIB 1376 BALDOK PAMK KOAD VARIAMCB 8BC0ND MBVIBI Wendy Helhe and her architect, present for this matter. Paul Nielsen, were Mr. Nielsen reviewed the revised plan which reduces the structural hardcover. He referred to Exhibit J and the variance granted at 1432 Baldur Park Road in 1988. Kelley noted that the revised plan consists of a net reduction of hardcover, of which approximately 91 s.f. is structural hardcover. He found no problem with the hardcover proposed in the revised plan. Regarding the easement issue, Gaffron noted that neither of the two documents on the property's Certificate of Title have a significant effect on this application, but may have a significant effect in the future development of properties to the north of applicants property. Mr. Franklin submitted a copy of hxs warranty deed to Planning Commission to make them aware of the 45* easement fox roadway purposes which will greatly reduce applicant's green area when his property is developed. Mr. Ben Hoag stated he had an Interest n the lots on the point and felt that because of th<^ lack of facts known by the City, the City should be very careful and not grant rights and variances to applicant without the facts being resolved. Niauns OP THE PLIUnilEG C0MMI88I0H ITI86 . I ^ •jmn 20, 1988 #1280 milHB COHTIEI •i ^ • Kelley felt that the easement issue was for the property owners attorney's to work out and that the Planning Commission must deal with the facts as presented. He noted that the applicants proposal to reduce the hardcover will benefit the adjacent property owners. It was moved by Cohen, seconded by Johnson, to recommend approval of the revised plan and hardcover variances per staff recommendation, subject to no additional hardcover being allowed on the property. Motion, Ayes 6, Nays 1. Bellows voted nay finding there is a real difference between hardcover and structural hardcover, and felt the plan was far too ambitious for this property. Motion carried. Ms. Weihe proposed to have a meeting with staff, Mr. Franklin, and their attorneys to resolve the easement issue. #1298 JAMB8 A. LORBNCB 4460 M»TB 8B0RB DRIVE VARIAECE/COEDITIOEAL U8E PERMIT PUBLIC HEARING 7s45-7s46 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth stated that the applicant has requested that this application be tabled at this time and the applicant may formally withdraw the application. There were no comments from the public regarding this matter. It was moved by Johnson, seconded by Kelley, to table Application 11290. Motion, Ayes 7, Nays 0. #1291 ALPRED IVER80H 2835 CA8CO POINT ROAD VARIANCE PUBLIC HEARIHG 7s47-7i55 The Affidavit of Publication and Certificate of Hailing were noted. Mrs. Alfred Iverson was present for this matter. Mabusth explained the request for a 1.1% (321 s.f.) hardcover variance in the 75-250* setback area to construct a two-story addition to the existing structure. MiaUTBS OP THB PLMmiK C0HH188I0H !T»6 HELD JWKE 20, 1908 •J#1291 IVBIISOH COHTIVI Kelley felt that the hardcover should remain at 38.4% existing hardcover. Hanson and Cohen agreed with Kelley finding there could even be an additional reduction in net hardcover. Hanson suggested the elimination of the tennis court. Mrs. Iverson stated they plan to use the tennis court after it is resurfaced. Bellows questioned the practicality of building a 4*x 20* deck. Mrs. Iverson stated the deck is intended as a sitting area only, not for entertaining. It was moved by Hanson, seconded by Johnson, to recommend approval subject to reducing existing hardcover 1.1% so there is no net hardcover increase in the 75-250* setback area. Motion, Ayes 7, Nays 0. #1293 GKACB BAPTIST CHDRCH 2880 SBADTMOOD ROAD CONDITIORAL OSB PERMIT PUBLIC HBARIM6 The Affidavit of Publication and Certificate of Mailing were noted. There were no comments from the public regarding this matter. It was moved by Kelley, seconded by Cohen, to table Application #1293 per staff recommendation. Motion, Ayes 7, Nays 0. #1295 JOHH NCDOMELL 165 TORHHAM ROAD VARIANCB PUBLIC BBARIM6 7s59-8sl0 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request for a lot area variance in a 5 acre zone for a lot consisting of 4.33 acres (of which .03 acres is wetland area). On-eite septic testing confirms adequate area for on-eite sewage treatment systems for principal and alternate drainfield sices. Access to this site is the major issue surrounding the buildability of the site. Applicant is working with property owners to obtain access from Turnham Road. 4 NiaUTBS OP THE PLMnilWS C0MMI88I0*!TI«6 JOIB 20, list #1295 NcDOWBLL C0M9IH1 John McDovell was prasant for this siattar and asked the Planning Coraission to make a recommendation on the request for a lot area variance prior to resolve of the access issue. He felt that this did not need to be resolved at this time because he will not purchase the property unless he can gain access to the property and obtain the lot area variance from the City. Bellows stated she would not recommend approval of this application until a safe access is resolved. Cohen was opposed to granting a l4% lot area variance. Mr. McDowell stated that the lot is a beautiful building site and was created prior to the present 5 acre soning. Bellows stated that from a future planning point of view. Planning Commission needed to address the access for the other properties yet to be developed. An affected property owner stated that he was not opposed to the developement of this lot» but if the road easement came from the norths a mutual maintenance agreement for the road would be desired. Mabusth noted that the only other property owner served by the current driveway, Mr. Deters, has voiced no problem with development of the property subject to the appropriate easements being defined and maintenance agreements. Brown was opposed to granting variances to the 5 acre minimum lot size. Mr. McDowell asked the Planning Commission to make their recommendation based on the facts presented at this time. There were no other comments from the public and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend denial of the lot area variance based ont 1. Maintaining the 5 acre minimum lot size when ever possible. 2. Resolving the issue of proper and legal access to the property and defined to meet City requirements to three properties. Motion, Ayes 7, Mays 0. Cohen noted that this his vote was entirely based on the need to maintain the 5 acre minimum lot area. MIHDTB8 OP THE PLMnilEG COMUSSIOH !TIE6 illU> J1 20, 190S 91296 mmiTT J. PBTIItSOR 6 MCE STODOLE 1095 SHEDmOOD BOED VEEIEECB POBLIC HBEBIE6 0sl2-0tl9 The Affidavit of Publication and Certificate of Mailing were noted. Merritt Peterson and Rick Stodola were present for this matter. Vhe application involves a lot area variance to determine buildability and if not, what reasonable use can be made of the property. Applicants constructed a dock without the required building permit on this property where no principal structure exists. Mabusth explained that clearly Tracts P & G are not buildable. Applicants are therefore asking if the dock can remain as a reasonable use for this unbuildable property. Mabusth explained the history of the entire area of properties. She noted that a combination of the total seven lots may provide a buildable lot, but the encroachment of the Tillotson house on Lot 0003 creates problems. She noted that the Tillotson dock is located on the same lot as applicants illegally constructed dock. Tract F. Mr. Peterson noted that Mr. Tillotson owns 30* more than shown on the survey. Mabusth stated that such a division of the property has been done without the City's knowledge or required approval. Kelley suggested making a recommendation on this application irrespective of the status of Lot 0003. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Kelley, to deny the buildability of Tracts F & G; and recommend denial to allow the dock to remain due to the fact that no principal structure exists on the property. Motion, Ayes 7, Mays 0. NIHUTBS OP TBB PLAIHIIHG COMKISSlOfl Hmiie JUn 20, 1980 #1297 NASBiaCTOH CCIBBTIPIC IBC. 2605 NB8T NATSATA BOOLBPAID CONMBRCIAL 8ITB PLAH RBVIBM PUBLIC HBARIB6 8s20-8s38 The Affidavit of Publication and Certificate of Mailing were noted. Joe Pallansch and architect, Ed Vogt, were present for this matter. The Commercial site plan consists of constructing a 175'x 187* addition to the existing building. This plan meets all current building 6 zoning standards and requires no variances. Hanson brought up the issue of finalizing a location for a frontage road. Mr. Pallansch stated he was not in the position to address this isbuo at this time. Mr. Vogt stated that the pru^o:;::d addition does not encroach any further than the existing building towards Highway 12; and does not impact any future rear frontage road. After discussion regarding the need for a safe access road. Planning Commission put applicant on notice in regard to a future rear frontage road and any future building additions to the rear of the property. Jacobs noted an additional request to the site plan review to allow the stockpiling of soil pending approval of a conditional use permit for filling and grading. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Hanson, to recommend approval of the commercial site plan per staff recommendation; and recommend approval to allow stock piling of soil pending approval of the conditional use permit application. Motion, Ayes 7, Nays 0. MimifBS OF THE PIAmiHG C0HMIS8I0H MBBTIH6 HELD JUBE 20^ 1S88 ^1298 EICBAED J0HM80B VACATIOM OF P0ETI0N8 OF FOREST BOULEVARD SAGA HILL REVISED PUBLIC BEARIHG 8s42-8:47 The Affidavit of Publication and Certificate of Mailing were noted. Richard John&on was present for this natter. M#»bu8th explained the request to vacate the remaining portions of Forest Boulevard. She noted that prior to final vacation of Forest Blvd., legal access to the Nelson property must be obtained via the four property owners. Cohen and Hanson fe't that the legal access should be resolved prior to reconmending approval of this vacation application in order to avoid the chance of land locking the Nelson property. It was noted that Nr. Nelson is currently working on this legal access with his attorney. CounciImember Callahan felt Forest Boulevard nust remain open until legal access to the Nelson property is resolved. There were no comments from the public regarding this matter. It was moved by Cohen, seconded by Kelley, to table this matter pending resolve of legal easement access to the Nelson property. Motion, Ayes 7, Mays 0. #1299 HAHCT HIGGIMS 3017 B0RT3 SHORE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 8sr0-8s52 The Affidavit of Publication and Certificate of Mailing were noted. Nancy Higgins was present for this matter. Mabusth explained the request for a conditional use permit to recognize the existing caretaker unit and guest cabin that serve as accessory use to the principal residence. Applicant plans to remove the principal residence and construct a new residence. Kelley advised applicant to take into consideration the hardcover ordinance when developing a site plan for the new residence. 8 #■ 4=' i milOTBS OF THE FIAHttlflO COiiHlSSfOM mms 1 JURE 20, 1988 II -I •#1299 HIG6IV8 COMTIR1 Hanson suggested that applicant also keep in contact with staff during the site plan development in order to flag any problems during early stages of development. There were no comments from the public regarding this matter and the public nearing was closed. It was moved by Bellows, seconded by Cohen, to recommend approval of the conditional use permit per staff recommendation. Motion, Ayes 7, Mays 0. ADDITZOMAL ITEMs BIG I8UOn> VBTBSAMS CAMP > AMMUAL JOIBT DOCK LICBISif Mabusth reviewed the proposed Big Island Veteran's Camp dock site plan. It was moved by Hanson, seconded by Cohen, to recononend approval of the Big Island Veteran's Camp dock site plan as shown, subject to no additional transient docks being added prior to further review and approval from the City. Motion, Ayes 7, Mays 0. ORDIHABCB A1 -l.-l Bellows commented on the recent ordinance amendment passed by the City Council relating to the feeding of waterfowl in relation to the creation of wildlife ponds. She questioned the passing of such ordinances without thinking through the ramifications. Kelley commented on the recent ordinance amendment passed by the City Council relating to dangerous weapons and articles. He felt it was too restrictive on residents rights. APPROVAL OF HIHUTBS It was moved by Brown, seconded by Johnson, to approve the Minutes of the June 6, 1988 Planning Commission meeting as submitted. Motion, Ayes 7, Mays 0. PLANNIIIG COMII88IOH RBPRB8BHTATIVB Kelley and Bellows were appointed to attend the July 11, 1988 Council meeting. IT 9s04 P.N. The Planning Commission meeting adjourned r.t 9:04 P.M.