HomeMy WebLinkAbout12-21-1987 Planning MinutesMIMOTBS OP THE PIARIilflG CONHISSIOH TING HELD DBCBMBSR 21, 1987
AtTmONKB 7:00 P.H.
The Orono Planning Commission met on the above date with
the following members present: Chairman Kelley, Johnson,
Hanson, and Taylor. Bellows arrived at 7:03 P.M. and
Cohen arrived at 7:06 P.M. Brown was absent. The
following represented the City staff: Building & Zoning
Administrator Mabusth and City Recorder Peterson.
CounciImember Goetten was also present.
#1232 BETZ BUILDERS
€0/100 STUBBS BAT ROAD SOUTH
CLASS III SUBDIVISION
PEELIMINART PLAT
PUBLIC HEARING 7:01>7:07
The Affidavit of Publication and Certificate of Mailing
were noted.
Present for this matter were: Tom Betz, owner of 100
Stubbs Bay Road South; Surveyor Mark Gronberg; and
Clement Kroll, owner of 60 Stubbs Bay Road South.
Mabusth explained the proposal for a 5 lot division of 2
parcels - Lots 1-4 average area of 2 acres dry and Lot 5
consists of 12+ acres for future development. As part
of this review, staff recommends extending the road
outlot to the east boundary line for a future through
road to Leaf Street; and also to exclude the area of the
retention pond from the dry buildable.
Kelley noted that application was incomplete.
Mabusth confirmed that staff could not recommend
approval until applicant files a formal application with
M.C.W.D to review drainage and grading plan.
Tom Betz stated he was not aware that this needed to be
done prior to preliminary approval.
Mabusth advised applicant that if Planning Commission
recommends approval at their next meeting on January 19,
1988, the application could be sent directly to the
January 25th Council meeting for approval.
Kelley stated he had no problem recommending approval
subject to meeting the storm sewer detail recommended by
the City Engineer; and extension of the road outlot.
Tom Betz stated that the extension would impact the
buildability of Lot 4 which already has some adverse
conditions within it.
MIHOTBS OP THE PUaniEG CONMISSIOH iXXIKj*SBCBMBER 21, 1987
11232 nm BOILDBRS COHTIM
Kelley suggested bending the road slightly to the north
(into Lot 5) to accomodate the extension of the road
outlot and not affect Lot 4.
Mabusth explained for Mr. t Mrs. Kroll the need for the
retention area to assure that the drainage does not
impact the other adjacent properties.
Kelley stated that Mr. 4 Mrs. Kroll could review any
concerns with staff in the interim until the next
Planning Commission meeting.
There were no other comments from the public at this
time.
It was moved by Kelley, seconded by Bellows, to table
Application #1232 until the January 19, 1988 meeting per
staff recommendation. Motion, Ayes 6, Nays 0.
#1231 OLAI HANSOM 4 PLOROiCB K. GOLDEN
1380 4 1390 RAILROAD AVENDE
SOBDIVISION OP A LOT LINE REARRANGEMENT
POBLIC HEARING #7:32-7:34
The Affidavit of Publication and Certificate of Mailing
were noted.
Mabusth explained the request for a lot line
rearrangement required by variance application #1056
approved by Council on 9/14/87.
Debra Page, Attorney for Olai Hanson and in this
application representing Florence Golden was present for
this matter. She explained the revised survey as
requested by staff.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Taylor, seconded by Kelley, to recommend
approval per staff recommendation. Motion, Ayes 6, Nays
0.
1
MiaOTBS OP TBB PLUnilHG COMMISSION MEETING HELD DECEMBER 21, 19|7
91201 N. BILBELINK/J. VOGT
320 OLD CRYSTAL BAT ROAD
CLASS III SUBDIVISION
PRELIHIMART PLAT
SECOND REVIBN
Mike Hilbelink and John Vogt were present for this
natter.
Mabusth explained that this application was tabled from
the September meeting pending submission of the
necessary septic testing to confirm adequate suitable
area for principal and alternate on-site sewage systems.
All ten undeveloped lots have been confirmed as meeting
the required standards. She noted the following
concerns regarding the preliminary plat as submitted:
1. Lot 1, Block 1 seems crowded and felt additional
septic testing should be done.
2. Because of the extensive wetland area in Lot 6,
Block 1, recommend rearranging the lot lines of Lot
6, Block 1 and Lot 2, Block 2 and realigning the
road to provide more buildable area for Lot 6,
Block 1.
3. Recommend additional septic testing done on Lot
7, Block 1 because of the tight building site. It
was noted that the soils on this 6.1 acre lot could
not possibly meet the standards for further
subdivision.
Mike Hilbelink stated they plan to se31 all the lots
independently.
Kelley felt the future owners of these lots should be
advised about the potential septic problems on these
lots.
Mike Hilbelink stated that, the type of septic system
would be included in the advertisement for each lot.
Bellows noted her concern regarding the overall site
drainage.
Mabusth explained the drainage plan proposed which she
added the City Engineer has approved. She recommended
that the following statement be included in Planning
Commission motion recommending approval:
"Site grading and directing drainage per approved
plans when developed is key to success of this
subdivision".
HiaUTBS OP TBE PLM»IHG COMNISSIOH STIH6 HELD DBCENBKR 21, 1987
•i “I§1201 BILBBLiaK/VOGT COHTIH1
Applicants requested a variance tc the required 28* road
width to permit a 24' wide road. They noted that Golden
View Road is 24' in width which seemed excessively wide
and not necessary.
For safety and future planning reasons. Planning
Commission felt the 28* paved road width should be
maintained.
Cohen i Bellows felt revised drawings reflecting staff's
recommended changes should be submitted prior to making
a recommendation.
Johnson felt a recommendation with revisions to be made
prior to Council review could be made.
Mabusth noted that the only revision being requested is
realigning the road between Lot 6, Block 1 and Lot 2,
Block 2. Staff would like additional septic testing on
Lot 1, Block 1 and Lot 7, Block 1, however, the testing
submitted is sufficient for preliminary approval.
There were no comments from the public regarding this
matter.
It was moved by Kelley, seconded by Johnson, to
recommend approval of the preliminary subdivision per
staff recommendation as outlined in memo and subject to
the following;
1. Realigning the road between Lot6, Block 1 and Lot
2, Block 2 to allow an adequate building envelope
for Lot 6, Block 1;
2. Additional septic testing done for Lot 1, Block
1 end Lot 7, Block 1 as deemed necessary by M.
Gaffron.
Motion, Ayes 4, Nays 2. Cohen and Bellows voted nay
finding the realignment of the road a material change
that should be reviewed prior to approval. Motion
carried.
RIHUTBS OF THE PLMniHG COtOUSSIOH TIH6 HELD DECBMBBR 21, 1987
•1214 miCHAKD XIMiaSKl
1095 aOKTH BROmi ROAD
PRBLIimART SUBDIVISI08
SBCOHD RBVIBN
Mabusth explained that staff has confirmed that there
was no sign of septic drainfield lines within the ditch
area. She noted that applicants propose to change the
lot line slightly which staff finds no problem with.
Karen Ziminski was present for this matter and was
concerned about the time allowed to remove the unused
extensions of the existing driveway because they plan to
sell the two lots.
Mabusth recommended a spring deadline date.
Planning Commission felt the deadline date should be
prior to actual sale of the properties.
It was moved by Cohen, seconded by Hanson, to recommend
approval per staff recommendation subject to the removal
of the unused extensions of the existing driveway by May
1, 1988. Motion, Ayes C, Nays 0.
Mabusth advised applicant if the house is sold prior to
removal of the extensions and May 1st deadline, they
would have to submit a letter of credit and developers
agreement.
•1229 RICHARD B. HAHSOH
3828 CHERRY AVBNOE
VARIANCES
PUBLIC HEARING 7:24-7:29
The Affidavit
were noted.
of Publication and Certificate of Mailing
Mabusth explained the request to construct a 3-season
porch to the east of the existing structue with 5'x 18'
deck on the south of the porch providing access to the
yard from both the porch and house. She noted that
moving the porch addition further out of the 75*
lakeshore area would require the removal of a large 200
year old oak tree. She questioned applicant about the
plans that show sliding glass doors on east side of
porch with no steps or decking.
Richard and Betty Hanson were present for this matter.
Mr. Hanson stated that the sliding doors are for total
ventilation and they do not plan any further decking
outside of these doors.
NINUTBS OP TBB PLlUailHG COHMISSIOH ETIHG HBLD DBCBMBBR 21, 1987
•1229 BAHSOH COMTIBUBD
Based on several recent applications for hardcover
and/or setback variances to allow decks outside
existing sliding doors. Planning Coipjnission felt there
should be an alternative of windows in place of the
sliding glass doors that would allow the needed
ventilation.
Mr. & Mrs. Hanson stated they could talk to their
contractor and use windows in place of the sliding glass
doors on the east side.
Kelley asked if any additional hardcover could be
eliminated to offset the 12 s.f. of steps?
Mr. Hanson stated they would remove an unused outdoor
fireplace located within the 0-75' area totalling 18
s.f. of hardcover.
There were no comments from the public regarding this
matter and the public hearing was closed.
Ix. was moved by Kelley, seconded by Cnhen, to recommend
approval subject to allowing a sliding door at the
steps/entrance only; and removal of the outdoor
fireplace within the 0-75* area; based on the these
hardships: a) saving the mature oak tree; b) needing an
access into the screen porch from the outside. Motion,
Ayes 6, Nays 0.
#1230 RAYMOND ft SUSAN JOHNSON
2870 PHEASANT ROAD
VARIANCE
PUBLIC HEARING 7:09-7:14
The Affidavit of Publication and Certificate of Mailing
were noted.
Mabusth explained the request to construct a 3-season
porch at the southwest corner of the lakeside of the
residence. Applicant plans to concurrently remove an
equal amount of hardcover within the 75-250' area to
offset the hardcover increase in the 75-250' area by the
proposed 3-season porch. The plan submitted shows no
exterior access, however applicant has advised staff
that they do plan a 4' wide deck access area.
Raymond & Susan Johnson were present for this matter.
Susan Johnson showed the Planning Commission her drawing
indicating the areas of hardcover to be removed which
includes a patio area that they do not use because of
the mosquitos. She noted that their surveyor will
revise the survey reflecting her drawing.
HimiTBS OF THE PLMmiHG COHNISSI'mil <4 TJUG I ^ I DBCBHBBR 21, 1987
11230 JOHHSOH COHT1H1
It was noted that the most affected neighbor on the west
has submitted a letter in support of the proposal.
There were no comments from the public regarding this
matter and the public hearing was closed.
Bellows suggested tabling the application pending the
revised survey.
Kelley stated he would recommend approval subject to an
equal amount of hardcover being removed.
Hanson and Cohen stated they reviewed the site and
talked to applicant and concurred with Kelley
recommending approval.
Kelley asked applicants if they would be willing to
remove more of the patio if they indeed do not use it.
Susan Johnson stated that she has to review it further,
however, she intends to reduce the patio size to provide
for more garden area and would be agreeable to reducing
the patio more if it works out aestetica1ly.
It was moved by Kelley, seconded by Hanson, to recommend
approval as proposed subject to concurrent removal of
equal (or more) hardcover within the 75-250' area.
Motion, Ayes 6, Nays 0.
Mabusth advised applicants that staff must receive the
revised survey indicating the areas of hardcover to be
removed prior to scheduling their application before the
Council.
#1233 MICHAEL HALLEY HOMES, INC.
2715 PENCE LANE
CONDITIONAL USE PBRMIT/VARIANCE
PUBLIC HEARING 8:16-8:27
The Affidavit of Publication and Certificate of Mailing
were noted.
This application involves a conditional use permit and
variance to allow land alterations within 75 feet of the
shoreline.
1. Replacement of retaining walls and steps.
2. Alteration of the lakeshore bank to provide a
more natural, consistent setting with the proposed
walk-out design house.
MIHUTBS OP TBB PIAmiTC COMMISSIOH TING HELD D]UR 21, 1987
#1233 MICHRBL HALLBT BOMBS, INC.
Michael Halley of Michael Halley Homes, Inc. was present
for this matter and stated they have entered into a
agreement with the Mernik's to purchase 2715 Pence Lane.
They are interested in removing the existing structure
and building a new home on the property. He noted the
two adjacent neighbors* concern with preserving the many
trees on the lot. He explained that in order to build
the proposed walk-out house and not disturb the 0-75*
area, they would have to raise the house 9* by bringing
in fill, which would be very difficult and the neighbors
would not favor. He noted that the neighbors could not
attend the meeting but will be submitting letters in
support of their proposal.
Bellows noted a third alternative of building a house
with a basement and no walkout.
Mr. Halley stated from a marketing standpoint, they
would not build a house without a walkout.
Planning Commission unanimously agreed with Bellows'
third option.
Mabusth noted for Planning Commission members and Mr.
Halley that bringing fill would most likely require a
conditional use permit.
Mr. & Mrs. Mernik were present for this matter. Mrs.
Mernik noted that the property as it exists has a
drainage problem.
Bellows explained that the creation of a walkout does
not solve drainage problems. The drainage and allowing a
walkout are two totally separate issues. She felt that
the proposed extent of grading within the 0-75* should
not be allowed.
Mr. Halley indicated to the Planning Commission that if
a walkout design was denied, the sale of the property to
him would not occur.
There were no other comments from the public and the
public hearing was closed.
It was moved by Kelley, seconded by Bellows, to
recommend denial of the application as proposed based on
insufficient hardship. Motion, Ayes 6, Nays 0.
It was noted that repair of the retaining walls by the
owners would require a separate application by the owner
as current applicant is Michael Halley Homes, Inc.
8
MIHOnS OF THB PIAHHIBG r'WUSSIOH !TIHG HELD DBCBMBIR 21, 1987
#1235 CITY OP OROHO
285 OROHO ORCHARD ROAD
COHDITIOHAL USB PBRNIT
PUBLIC HBARIHG 7:07-7:08
The Affidavit of Publication and Certificate of Mailing
were noted.
Mabusth explained the application for a conditional use
permit for the City of Orono to permit the Installation
of an 864 s.f. accessory structure for equipment storage
purposes at the Orono Golf Course.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Hanson, seconded by Cohen, to recommend
approval as proposed. Motion, Ayes 6, Nays 0.
tOlHAHCB A1 IT - ACCBSSORT STRUCTURE
Planning Commissioner Cohen was not present for this
matter.
Mabusth introduced the proposed zoning amendment drafted
by staff regarding oversized accessory structures as a
conditional use permit.
Kelley felt that lots under 5 acres should be allowed up
to a 1,000 s.f. (2,000 s.f. aggregate) accessory
structures; and over 5 acre lot, a larger accessory
structure to be determined. He felt staff's proposal
was too ambitious.
Bellows felt there were problems with the category of up
to 2.0 acre lots and substandard lots allowing a 1,000
s.f. accessory structure. She suggested a formula that
would control the size of both detached and attached
accessory structures. She also suggested using
hardcover figures in developing a formula.
Planning Commission recommended staff check with other
cities regarding their standards for accessory
structures .
Bellows noted the problems with existing height
restrictions .
■ibJr
t
HIMUTBS or THB PIAmUMG COHMISSIOH MBBTIHG HELD DBCBMBBR 21, 1987
#1238 O. LARET LU
1050 GARDBB LARB
(■ 1/2 SBCTIOH 7) SUBDIVISIOH
SKETCH PLAE RBVIEH
Mr. Krautkremer, who is assisting the developer
platting the property, was present for this matter.
Mr. Krautkremer explained the proposed platting of 33
acres into 1 acre lots which includes properties owned
by O. Larry Lee (the applicant), Steven F. Valek, Ralph
Winton Palmer, and Mrs. Karl Sollner; and possib''y the
Morgart property.
Mr. Morgart was present for this matter.
Planning Commission discussed the impact on drainage
from the development of the property.
Mabusth noted that staff will work with the applicant on
designing a plan for through roads and storm sewer.
Bellows felt the final plan would result in a loss of a
few lots.
Kelley and Hanson indicated they were generally in faVor
of developing this area.
Kelley recommended that Mr. Krautkremer finalize the
purchase of some of the property; have the owners of the
other properties join in the application; disregard
roads and submit 4 or 5 different plans for
consideration.
#1216 CLARK HIMSLOH
1595 BOHR'S POIHT ROAD
AMBRDMERT OF CORDITIORAL USE PERMIT
IHFORMATION ORLY
This amendment of conditional use permit was presented
to Planning Commission as information only. Planning
Commission made no comments regarding this matter.
APPROVAL OF MINUTES
It was moved by Taylor, seconded by Bellows, to approve
the Minutes of the November 16, 1987 Plannng Commission
meeting as submitted. Motion, Ayes 4, Nays C. Kelley
abstained because he did not attend the November 16th
meeting.
PLANHIHG COMMISSION REPRESENTATIVE
Chairman Kelley was appointed to attend the January 11,
1988 Council meeting.
ADJOURN]IT 9:30 P.M.
The Planning Commission meeting adjourned at 9:30 P.M