HomeMy WebLinkAbout10-19-1987 Planning Minutes[imtlS OF THB PLjOnillG COMMISSIOH MBBT1H6 HELD OCTOBER 19, 19S7
ATTBEDEECB 7:04 P.M.
The Orono Planning Commission met on the above date with
the following members present: Chairman Kelley,
Johnson, Hanson, and Cohen. Brown arrived at 7:08 P.M.
Bellows arrived at 7:16 P.M. Taylor was absent. The
following represented the City staff: Building & Zoning
Administrator Mabusth, Assistant Planning & Zoning
Administrator Gaffron, and City Recorder Peterson.
Councilmerober Sime was also present.
#1203 JOBE LBHMBTBR « ROSE MADDEN
320/350 CRESTVIEM AVENUE
SUBDIVISION OP A LOT LINE REARRANGI
PUBLIC BEARING 7:04-7:07
The Affidavit of Publication and Certificate of Mailing
were noted.
John Lehmeyer and Rose Madden were present for this
matter.
Assistant Zoning Administrator Gaffron explained the
request to revise boundaries between 320 and 350
Crestview Avenue. Mr. I-ehmeyer is proposing to acquire
a 40 foor portion of Mrs. Madden's property, thereby
slightly increasing the size of his lot and slightly
decreasing her lot size.
Mr. Lehmeyer explained the reason for acquiring the
additional property is to create an access to the back
of his property for well maintenance, etc.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Cohen, seconded by Hanson, to recommend
approval per staff recommendation. Motion, Ayes 4, Nays
0.
#1212 PAUL BOYKB
793/795 NORTB FERNDALB ROAD
SUBDIVISION OP A LOT LINE RBARRANGSCENT
PUBLIC BEARING 7:29-7:33
The Affidavit of Publication and Certificate of Mailing
were noted.
Assistant Zoning Administrator Gaffron noted that
applicants are out of town and cannot be present but
have requested Planning Commission review this
application in their absence. Gaffron explained the
request for subdivision of a lot line rearrangement to
accommodate existing driveway location. Two options (H-
1 and H-2) were submitted by staff that would accomplish
applicant's purpose. Staff recommends layout option H-
1.
iinrDTBS OF rm FUunmiG comassioa TIMG I I OCTOBBB 19, 1987
#1212 BOTKB COHTIVOB)
There were no comwents from the public regarding this
natter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Johnson, to
recommend approval of layout H~1 amending it to provide
a straight northward lot line west of Outlot A instead
of a curved lot line. Motion, Ayes 6, Nays 0.
#1214 RICHARD ZIMIHSKI
1095 HORTH BROm ROAD
PRBLINIIIART SUBDIVISIOH
PUBLIC HBARIHG 7:34-7:38
The Affidavit of Publication and Certificate of Mailing
were noted.
Richard Ziminski was present for this matter
Zoning Administrator Mabusth explained the request for a
2 lot subdivision of applicant's homestead property
totalling 6.2 acres. 1.5 acres will be dedicated as
County and City road right-of-way; Lot 1 with existing
house is proposed at approximately 2.6 acres; Lot 2
proposed at approximately 2.1 acres. Mabusth stated
that the exact location of existing septic is not yet
known. Staff recommends approval subject to
determination of septic location prior to Council
review.
Bellows felt that the application should be tabled
pending septic location in order to alleviate problems
with the subdivision.
Richard Ziminski stated he knows the approximate
location of the septic system.
Chairman Kelley agreed that the actual facts must be
known prior to recommendation to Council.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Cohen, seconded by Bellows, to table the
application pending determination of septic location.
Motion, Ayes 5, Nays 1. Johnson voted nay because he
agreed with staff recommendation.
MINDTBS OP THE PIAMHIHG 0 SSI TIEG HELD OCTOBER 19, 1987
#643 BROCB 6 CAMILLE CURTISS
1920 PA6BRHESS POIET ROAD
RBCOMSIDBRATIOH OP VARIANCE APPLICATION
Zoning Administrator Mabusth explained the location of
the fence and property stakes, noting that approximately
3-1/2 sections of fence are located out in the road
right-of-way and about 3 sections of ^ence are located
within 75' of lake. Mabusth noted a petition submitted
by applicants signed by neighbors approving the fence;
a letter from Camille Curtiss explaining the hardship;
and a letter from David and Vicki Slavik, 1913 Fagerness
Point Road stating they have no objection to the fence.
Bruce and Camille Curtiss were present for this matter.
Bellows stated that at first review there was a very
clear direction to install a turnaround, that was
ignored, and a fence installed subsequently, and felt
hardpressed that this should be continued and
reconsidered. She felt there was no unique hardship to
allow the 6' fence and recommended the installation of
the turnoaround for safety.
Chairman Kelley agreed with Bellows and recommended a 3-
1/2' fence along the entire lot line even if it
encroaches into the 0-75' area.
Camille Curtiss stated that they need a fence for safety
for her children, and because the area next to the road
is the only area for family functions, they would
appreciate a 6' high fence for privacy. Regarding the
turnaround, she stated that it was a misunderstanding
that it was required and have no objections to
installing the turnaround.
Cohen also felt that only a 3-1/2' fence should be
allowed.
Vicki Slavik, 1913 Fagerness Point Road, stated that
Fagerness Point Road is a very dangerous road for
children and therefore agrees with the need for a 6'
fence for safety.
Chairman Kelley recommended the use of plantings for
additional screening with a 3-1/2' fence.
Bruce Curtiss stated that he felt issues have been lost
since the review years ago. He stated that the fence
was brought up in that review but no mention is made of
it in the minutes. He stated that he checked with
Zoning Administrator Mabusth when he started to
construct the fence and was told that the fence was not
a problem. Now, a year later, the fence is a problem.
MimiTBS OP THE PIANNIIIG O [ISSIOH iTIHG HBLD OCTOBBR 19. 19ft7
#643 CURTISS COHTIRUBD
Bruce Curtiss noted that their back yard is so small,
the only place to have a family function is on the side
of the road and felt a 6' fence was needed for privacy.
Regarding the turnaround, he understood that he had
approval of the turnaround, but it was not mandatory.
He also noted that there are problems to be solved
before the turnaround is installed i.e. is it on City
property, and if so, who will maintain it.
Zoning Administrator Mabusth noted that the road is in
fact on the Curtiss property and the Public Works
Director is going to review the matter.
Johnson felt that the location of road was not the issue
before them.
It was moved by Chairman Kelley, seconded by Bellows, to
recommend a 3-1/2' high fence locat:?d along the lot line
(off of the City right-of-way) and within 75' lakeshore
acceptable. Motion, Ayes 6, Nays 0.
Bruce Curtiss requested documentation ii. the minutes
that it was brought to the City's attention the matter
regarding the position of property/road corner.
#984 JOE SANCHUK
4105 NATERTOWN ROAD
VARIARCE
CORTIHUATION OP PUBLIC HEARING 7:08-7:26
The Affidavit of Publication and Certificate of Mailing
were noted.
Joe and Pam Sawchuk were present for this matter
Assistant Zoning Administrator Gaffron explained the
request for side setback variances to construct a horse
barn 10-20' from the side lot line where 75' is normally
required. Absent any adequate justification for a side
setback variance, staff recommends that the 75' setback
be adhered to.
Chairman Kelley asked applicant why the barn cannot be
located 75' from the side lot lines.
Joe Sawchuk stated that the location of the barn as
proposed would provide easier accessibility from the
house, especially during the winter; and easier access
to existing electicity lines. He noted that if barn
were placed 75' from the lot line, it would be located
in the center of his property and he would not be able
to see the horses from the house because of trees. He
also noted the drainfield location is east of the
MimiTBS OP TUB PIAmiMG COHMlSSIdi MBBTIHG HIM) OCfOB^ 19, 1987
#984 SAMCHUK COSTIHUD
proposed barn location and if 75' setback is required,
the barn would also have to placed more south and
further from the house.
Mr. * Mrs. Mike Plank, 4145 Watertown Road, adjacent
property owners were present for this matter. Mrs.
Plank felt that applicant had plenty of property to
maintain the required 75' setback. Mike Plank noted
concern with drainage from the barn and corral run-off
onto his property.
It was noted that an existing drainage problem currently
exists from Watertown Road that the City is aware of.
Assistant Zoning Administrator Gaffron suggested a
vegetation barrrier to protect the Plank property,
however could not make an actual recommendation on the
drainage at this time.
Joe Sawchuk stated that he is working on re-routing the
drainage.
There were no other comments and the public hearing was
closed.
Planning Commission felt the 75' side setback should be
maintained and that existing drainageways be defined and
kept open to accommodate drainage. In addition, it was
recommended that Sawchuk and Plank talk to the City
Council regarding the Watertown Road drainage problem.
It was moved by Chairman Kelley, seconded by Cohen, to
recommend denial of the request for a side setback
variance. Motion, Ayes 6, Nays 0.
#1168 RICHARD G. HBLSTRON
2895 CASCO POINT ROAD
VARIANCES
CONTINUATION OP PUBLIC HEARING 8:03-8:05
Mrs. Helstrom was present for this matter.
Assistant Zoning Administrator Gaffron explained the
revised proposal which provides a deck space more in
keeping with the Planning Commission's desire to
minimize encroachment into the average lakeshore setback
and minimize view encroachment, yet allow applicant to
replace the originally existing deck with a similar non-
obtrusive deck. The revised deck plan will encoroach
the average lakeshore setback by 12' as opposed to the
original plan for a 25' encroachment. Staff recommends
approval of the revised plan subject to removal of 168
s.f. of patio hardcover in order to meet the 45.7% 75-
250' hardcover originally proposed.
imniTBS OP TBB piARime cohkissioh TIPG HELD OCTOBBR 19, 1987
*1188 E LSTBON COHTIHI
There were no comments from the public regarding this
matter and the public hearing was closed.
Brown felt that approval of the application would not be
consistent with average setback standards.
Mrs. Helstrom noted that an 8' wide rotted deck
previously existed and was removed last year. The
proposal consists of an additional 6' encroachment in
average lakeshore setback than what previously existed.
Johnson felt that the revised plan was an improvement
from the the original plan and recommended approval.
Cohen agreed with Johnson.
It was moved by Cohen, seconded by Johnson, to recommend
approval per staff recommendation. Motion, Ayes 6, Kays
0.
#1189 NEAR PARTHBKSHIP BHTKRPRISBS
OLD CRYSTAL BAT ROAD AND HATERTOHN ROAD
CLASS III SUBDIVISION
PRSLINIBART SUBDIVISION
SECOND RBVIBH
Bill Wear was present for this matter.
Zoning Administrator Mabusth reviewed the revised 6 lot
subdivision.
It was moved by Cohen, seconded by Brown, to recommend
approval of the preliminary subdivision per staff
recommendation. Motion, Ayes 6, Nays 0.
Bellows voiced concern with a subdivision requiring all
mound systems.
•1199 RICHARD 8 GAY KELLY
425 OXFORD ROAD
VARIANCE
CONTINUATION OF PUBLIC HEARING 8:19-8:25
Richard & Gay Kelly were present for this matter.
Zoning Administrator Mabusth reviewed the request for a
setback variance to construct a new residence 65' in
front of the average lakeshore setback line. Letters
from the two adjacent affected property owners have
been recieved: Arthur Burton, 405 Oxford Road request
that the proposed residence be placed 15 feet closer to
Oxford Road to eliminate encroachment of privacy and
view; Melvin & 01 lie Peterson, 475 Oxford Road are
opposed to the proposal.
SSIOH NBBTIHG HELD OCTOBER 19, 1987MIHUTBS or THE PLAilNIEG COM
11199 KEL1.T COETIEUED
01 lie Peterson, 475 Oxford Road, was present and felt
the house should be no further forward than the average
lakeshore setback line. She did not feel the loss of a
few trees was an adequate hardship to approve this
variance, noting that they had to remove trees also.
Richard Kelly stated that placing the house further back
would require removal of many mature trees. He noted
that the shoreline dramatically angles away from the
house and does not believe the Peterson's view would be
obstructed by the house due to the angle of shoreline.
He also noted that if the house is moved back it would
require a mound system instead of the trench system
already designed. He stated that looking at the
property, the proposed location of the house was very
obvious because of the planting arrangements etc. and is
requesting to place the new house where the previous
house existed, and felt a compromise could be made.
Johnson did not feel that placement of the entire house
in front of the average lakeshore setback was a
reasonable compromise.
There were no other comments and the public hearing was
closed.
Bellows agreed with Johnson noting the Planning
Commission has seen no attempt to revise the plan in an
attempt of compromise.
It was moved by Bellows, seconded by Cohen, to recommend
denial of the variance as proposed. Motion, Ayes 6,
Nays 0.
•1204 OROEO COMMUNITY CHURCH
770 OLD CRYSTAL BAT ROAD
REVISED COMMERCIAL SITE PLAN REVIEW
Gary Connell was
Community Church.
present representing the Orono
Zoning Administrator Mabusth explained the revised site
plan which eliminates Phases 2-5. Staff finds no
problem with Phase 1, however, several conditions are
incomplete .
Gary Connell stated that they have every intention
developing the property to a level of acceptance by the
City. They have not been able to proceed with
development due to financial reasons.
Zoning Administrator Mabusth noted that the Church may
not be able to submit a letter of credit to assure that
the work will be completed.
NIHUTBS or TEB FIAimiHG COMMISSI ifillG HELD OCTOBBE 19, 1997
•1204 OROflO COMHUMITT CHURCH COHTII
Bellows noted that this was reviewed as a commercial
site plan which requires very stringent considerations
in terms of landscaping, etc. She felt this was a very
sensitive property in which the City should determine
what must be done. She did not feel sufficient site
plan documentation has been submitted in order to make a
recommendation and, therefore, recommended tabling the
application.
It was moved by Bellows, seconded by Hanson, to table
this applicant pending additional information. Motion,
Ayes 6, Nays 0.
Zoning Administrator Mabusth explained the additional
request by *:he Busy Beaver Day Care and their dilemma in
which Vineyard of the Lake Church did not extend their
lease until their new building is completed. They have
to relocate ky November 1 , 1987 and request a
conditional use permit for day care use in the Orono
Community Church. However, staff cannot legally approve
this use without the required public hearing. Planning
Commission review, and Council approval which cannot be
accomplished any sooner than November 23, 1987. Staff
has made the necessary inspections. There is the
consideration of continuing day care for many children.
Staff recommends allowing the use followed by review of
an after-the-fact conditional use permit but waive
penalt fee finding Mrs. Cici's problems were created by
circumstances out of her control and in consideration of
her longstanding reputation within the community.
Mrs. Cici was present for this matter.
Gary Connell noted that leasing the Church to Busy
Beaver Day Care was part of their plan to raise money to
complete their development.
Planning Commission unanimously approved staff's
recommendation.
•1205 ROBERT MAXPIBLD
4175 NORTH SHORE DRIVE
RENEWAL VARIANCE
PUBLIC HEARING 8:39-8:40
The Affidavit of Publication and Certificate of Mailing
were noted.
Staff recommends approval of the renewal variance
application of Robert Maxfield finding no changes in the
factual findings of the first approval, such approval is
subject to conditions set forth in Resolution #2079.
8
HIHUTBS OP THE PIAmiEG COMMISSIOH TIHG HELD OCTOBER 19, 1987
#1205 MEXPXBLO COMTIW
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Bellows, to
recommend approval of the renewal variance per staff
recommendation. Motion, Ayes €, Nays 0.
•1206 KATHBRIHE C. PERRT
2693 KELLY AVBHUB
VARIABCE
PUBLIC HEARIHG 8:41-8:42
The Affidavit of Publication and Certificate of Mailing
were noted.
Katherine Perry was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for a 3* side street setback variance to
construct a screen porch rfith deck above. He noted that
the main reason requiring the variance is because this
is a corner lot.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Hanson, seconded by Johnson, to
recommend approval per staff recommendation. Motion,
Ayes 6, Nays 0.
#1207 GEER 6 CATHERINE SCANLON
2815 CASCO POINT ROAD
VARIANCE
PUBLIC HEARING
The Affidavit of Publication and Certificate of Mailing
were noted.
Zoning Administrator Mabusth stated that applicant has
requested that this application be tabled due to
illness.
There were no comments from the public regarding this
matter.
It was moved by Cohen, seconded by Hanson, to table this
application and continue the public hearing until the
November 16, 1987 Planning Commission meeting. Motion,
Ayes 6, Nays 0.
ITIIIG HKta QdOBER 19, 1987HimiTBS OF THE PLlUOlillG CXMMISSIOM If
#1208 MICHABL SATLBR
1990 SPATES AVBHUB
VARIAHCB
PUBLIC HBARIHG 8:44-8:45
The Affidavit of Publication and Certificate of Mailing
were noted.
Michael Sayler was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for a side setback variance to construct a 4*x
6' entryway porch on the front of the applicant's
residence.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Johnson, seconded by Cohen, to recommend
approval per staff recommendation. Motion, Ayes 6, Nays
0.
14 Ml IB
#1209 TIHA WHITE
2150 PROSPBCT AVI
VARIANCE
PUBLIC BEARING 8:46-8:52
The Affidavit of Publication and Certificate of Mailing
were noted.
Assistant Zoning Administrator Gaffron explained the
request for side setback variance to construct a sunroom
8.4' from the side lot line.
Tina White was present for this matter and explained
that she is requesting to replace an existing
dilapidated porch with no footings with a purchased
Pella glass sunroom. The existing porch is 12.4' from
the side lot line, and the sunroom happens to be larger
requiring the additional variance. She stated that the
hardship involves not being able to move the house and
the need to replace the porch which is also the main
entrance to the house. She noted that they plan to do
the work next spring.
There were no comments from the public regarding this
matter and the public hearing was closed.
Bellows felt additional information regarding the
existing interior design and layout of house and
proposed addition was necessary to make a
recommendation.
It was moved by Hanson, seconded by Bellows, to table
this application pending additional information.
Motion, Ayes 6, Nays 0.
MIHUTBS OF THE PIAHimiG COHHISSIOff :* .TllC; wmp OCTOBER 19* 1987
#1210 CHARLES JOHBS
3129 CASCO CIRCLE
COEDITIOHAL OSE PERMIT
PUBLIC HEARIHG 8:53-9:12
The Affidavit of Publication and Certificate of Mailing
were noted.
Zoning Administrator Mabusth explained the request for
multiple variances with the current conditional use
permit application for a guest house and/or a proposed
future subdivision. The guest house would encroach the
average lakeshore setback by approximately 48'.
Charles Jones was present for this matter and stated he
understood the average lakeshore setback however, felt
that the adjacent tennis court should be considered when
determining the average lakeshore setback because it
creates a lakeview obstacle for adjacent residence
structures. Regarding a future subdivision, he felt
there were two future buildable lots.
Staff finds that proposed Lot 2 is severely restricted
by the location of the adjacent residence structure on
the lot to the immediate north.
Planning Commission did not feel that there were two
future buildable lots. However, the issue before the
Planning Commission at this time is replacing the guest
house.
Chairman Kelley asked applicant if he was prepared to
invest in replacing the guest house with the knowledge
that a future 3 lot subdivision may be denied.
Mr. Jones acknowleged that he is prepared for that
possibility.
Chairman Kelley recommended approval of replacing the
existing guest house within its same footprint with a
detached garage if it meets the standards, no attached
garage allowed.
Johnson felt additional information regarding
elevations, type of structure etc. was needed.
Hanson noted his concern of dealing with a variance
request that would not be appropriate should the
property be subdivided.
Brown noted his concern with the density on a lot with
a width problem.
11
MINUTES OP THE PLANNING CONHISSIOH MEETING HELD OCTOBER 19, 1987
#1210 JONES CORUIOBD
Attorney Bruce Thompson was present representing the
adjacent neighbor, James Howard of 3127 Casco Point
Road. He felt that the application was incomplete
finding no elevations, type of structure etc. At this
point, they objected to the proposal. In addition, he
recoiraiended a newer more accurate survey be done.
There were no other comments from the public.
It was moved by Chairman Kelley, seconded by Johnson, to
recommend denial of the average lakeshore setback and
lot width variances as proposed.
Charles Jones requested that this application be tabled
for additional information.
Chairman Kelley withdrew his motion.
It was moved by Chairman Kelley, seconded by Johnson, to
table this application per applicant's request pending
additional information. Motion, Ayes 6, Nays 0.
It was noted for applicant that the 6 member Planning
Commission strongly disapproved of the proposal based on
the density.
#1211 GERALD NESLUND
1225 ORONO OAKS DRIVE
CONDITIONAL USB PERMIT/VARIANCE
PUBLIC HEARING 9:20-9:24
The Affidavit of Publication and Certificate of Mailing
Were noted.
Dale Hamilton was present representing Gerald Neslund.
Also present were the prospective buyers of the
property.
Assistant Zoning Administrator Gaffron explained the
request for a conditional use permit and variance to
construct a driveway through a designated wetland to
serve vacant lot. He noted that the wetland is actually
larger than designated on the map. Staff recommends
approval to allow the proposed driveway location cutting
across the shortest route to gain access to the building
site.
There were no comments from the public regarding this
matter and the public hearing was closed.
Referring to staff's condition #3 which states "Total
width of the corridor taken up by the driveway and fill
shall not exceed 35'", Dale Hamilton asked that it be
amended to read"... fill shall average 35'".
•CtUi-llSSlOa NBBTIHG HBLD OCTOBBR 19, 1987
• 1211
ITBS OF THB PLAHHIM:
;U»D COVTl^KIBD
Assistant Zoning Administrator Gaffron noted that the
request is reasonable given the nature of the site.
Hansen felt the 14' width of driveway too narrow.
Bellows concurred feeling there should be additional
shoulder for snow removal and safety.
Dale Hamilton noted that the plan does not show the
additional 3' shoulder on each side of the driveway.
Bellows recommended an accurate defined wetland should
be submitted prior to Council review.
Johnson did not agree that a more accurate definition of
wetland was necessary because wetlands fluctuate.
Assistant Zc ~ig Administrator Gaffion explained the
costs involveu in redefining the wetland and questioned
who would bear these costs.
It was moved by Johnson, seconded by Brown, to recommend
approval per staff recommendation subject to amending
the condition #3 as follows:
3. Proposed driveway shall be no wider than 14' at
the driving surface with 3' wide shoulder on each
side and shall maintain 3:1 slopes as proposed by
the designer. Total width of the corridor taken up
by the driveway and fill shall average 35'.
Motion, Ayes 4, Nays 2. Bellows and Kelley voted nay
because they preferred an accurate definition of the
wetlands.
#1213 ROLLIH LACY
2655 NORTH SHORE DRIVE
VARIANCES
PUBLIC HEARING 9:35>9:43
The Affidavit of Publication and Certificate of Mailing
were noted.
Mr. & Mrs. Rollin Lacy were present for this matter.
Zoning Administrator Mabusth explained the request for
a 20' side/street setback variance to a public easment
area with limited use to construct an attached garage;
and 75-250' hardcover variance (5.1% increase over
existing 30.1%) for additional improvements to the
existing house. She also noted that applicant plans to
retain an existing detached garage.
Chairman Kelley found no problem with the setback
variance, but was opposed to the additional 5.1%
increase in hardcover.
TIHG HSLD OCTOBER 19, 1987MIMUTBS OP THE PLABBIHG COMMISSIOH H
#1213 lACT COHTIVDED
Brown felt that the additional hardcover was not
critical because the lot is so open with no structure in
front or back of house.
Rollin Lacy stated one of the hardships is the fact that
they cannot use in their hardcover calculations the 33*
wide setback area along the public easement area which
is not really used, and which would considerably
decrease the hardcover and no hardcover variance would
be necessary.
Bellows recoimitended adding a third garage stall to the
proposed attached garage and removing the existing
detached garage in order to decree je the hardcover. She
asked applicant to explain the hardship for retaining
the additional garage.
Mr. Lacy stated that additional garage was needed for
storage of additional equipment that would otherwise be
kept outside. He also noted that the proposed garage
has a second story above it and adding another stall
with house above would substantially increase his cost.
He noted that the additional hardcover involved is
merely the asphalt leading to the additional garage,
which he would rather remove than add the third attached
garage, however, would rather not.
There were no comments from the public regarding this
matter and the public hearing was closed.
Johnson agreed with Bellows regarding addressing the
additional garage.
Brown felt the additional hardcover would not impact the
drainage into the lake because of the flat gentle sloped
area of lot.
Hanson agreed with Brown and also agreed with hardcover
hardship as explained by Mr. Lacy.
Chairman Kelley felt hardcover should be reduced.
It was moved by Brown, seconded by Hanson, to recommend
approval as proposed. Motion, Ayes 3, Nays 3. Kelley,
Bellows, and Johnson voted nay. Kelley and Bellows
opposed the hardcover increase. Johnson opposed the
proximity of the existing garage to the lot line and
granting a an additional variance for the garage.
Motion tied.
Mr. Lacy stated as a compromise he would rather remove
the driveway area to the detached garage and/or deck
area in order to reduce the hardcover.
MIHUTBS OP THE PLAHNIHG C ISSIOH MEBTIHG HELD OCTOBER 19, 19S7
#1215 SMITH EAT MBRINA
1955 SBORELIHE DRIVE
COHDITIOHRL OSE PERMIT
PUBLIC HERRIMG 9:55-10:03
The Affidavit of Publication and Certificate of Mailing
were noted.
Woody Love was present for this matter.
Zoning Administrator Mabusth explained the request for a
conditional use permit to install a seawall and variance
for the structure within 75 feet of the lakeshore.
Staff has not received a site plan showing the location
of the proposed seawall on the pioperty. The City
EIngineer has also recommended submission of elevations
from the lakeshore. Staff recommends tabling the
application pending additional information.
Woody Love stated that they have a site plan but were
not in receipt of the memo from staff requiring the
site plan for this meeting. He also noted that they
have appeared before the LMCD, DNR, and MCWD regarding
this proposal and assured the Commission that they have
a site plan. He asked the Commission to make a
recommendation subject to the site plan being submitted
prior to Council review. He noted that all other
information requested has been submitted. He noted the
concern of time and getting the seawall in prior to the
lake freezing.
Planning Commission did not feel that they should make
recommendation without the site plan finding the
application incomplete. They added that elevations of
the seawall from the lakeshore are also required.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Cohen, seconded by Bellows, to table
this application pending receipt of site plan and
elevations of appropriate sections of the seawall.
Motion, Ayes 6, Nays 0.
MIHDTBS OP THE PIAHMIIIG O IISSION HBBTING HELD OCTOBER 19r 1987
#1216 CLARK WIMSLOII
1595 BOBHS POINT ROAD
COEDITIOHAL OSB PBRMIT/VARIANCB
PUBLIC HEARING 10:04-10:06
The Affidavit of Publication and Certificate of Mailing
were noted.
Dale Gustafson of Gustafson Design was present
representing applicant.
Zoning Administrator Mabusth explained the request for a
conditional use permit and variance to dredge a
designated wetland on Bohns Point.
Brown voiced concern with the negative impact of this
project.
Zoning Administrator Mabusth stated that it will effect
the assimulative capacity in the beginning, however, the
scope of the application is very small.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Hanson, to
recommend approval per staff recommendations #1 & #2.
Motion, Ayes 5, Nays 1. Brown voted nay.
APPROVAL OF 1988 CALENDAR
It was moved by Chairman Kelley, seconded by Johnson, to
approve the 1988 Calendar of City Meetings designating
Wednesday, July 6, 1988; and Wednesday, September 7,
1988 as the optional Planning Commission meeting dates
for those months. Motion, Ayes 6, Nays 0.
APPROVAL OF MINUTES
It was moved by Chairman Kelley, seconded by Hanson, to
approve the Minutes of the September 21, 1987 Planning
Commission meeting as submitted. Motion, Ayes 6, Nays
0.
PLANNING COMMISSION REPRESENTATIVE
Brown was appointed to attend the November 9, 1987
Council meeting.
ADJOURNNEN’f 10:08 P.M.
The Planning Com.mission meeting adjourned at 10:08 P.M.