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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