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HomeMy WebLinkAboutMinutesMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28, 1994 PARR` COMMISSION CONS Richard Flint had no comments at this time_ PLANNING COriI1rIISSION COMMENTS There were no members of the Planning Commission present at this meeting. PUBLIC COMMENTS There were no comments from the public. ZONING ADNIINISTRATOR'S REPORT (94) #1895 PAT WOLFE, 2871 CASCO POINT ROAD - AFTER -THE -FACT VARIANCES Application 91895 was tabled until the Council meeting of December 12, 1994, at the request of the Applicant. (*45) 41914 TRAFF/COLWELL, 2640 NORTH SHORE DRIM1130 OLD CRYSTAL SAY ROAD SOUTH - SUBDIVISION OF A LOT 1,114E REARRANGEMENT - RESOLUTION #3498 Jabbour moved, Kelley seconded, to adopt Resolution #3498, approving a subdivision of a lot line rearrangement for Thomas and Phyllis Colwell of 1130 Old Crystal Bay Road South and Tire and Beth Traff of 2640 North Shore Drive_ Ayes 4, Nays 0. (#6) :-1963 KEITH & VIVIAN BANGERT, 3500 BAYSIDE ROAD - YARIANCEICONDITYONAL USE PERMIT - RESOLUTION #3499 The Applicants were present_ Ga$fron reported that this application was reviewed by the Planning Commission who recommended denial., but the Council granted conceptual approval as the lot was deemed buildable. Revised plans were to be submitted, and the plan was to limit the portion of the driveway in the right-of-way to just the access. 5 MEt, i•ES OF TRE REGULAR ORONO CITY COUNCIL . MEETING HELD ON NOVEMBER 28, 1994 (46 - #1968 - Bangert -Continued) The Applicant's plan calls for a driveway of 8-10% slope, entering at the east end of the lot with wing walls to the rear. The driveway would nm across the front of the property and then turn back toward the building pad. After walking the Proper ty Gaon noting the large number of mature trees which would be destroyed by Plan, has developed another possible approach to the building pad- It was suggested that the ay come up the East side of the property to dude retaining walls on both sides Id be affected by this plan in creating a trench -like entry into the property. Less trees wou the 0-75' zone. The amount of retaining halls would double, resulting in higher cost to the applicant but would have less visual impact from the lakeshore. Gaffron said the DICTA is in favor of a lesser visual impact. The amount of hardcover in the 0-75' zone would decrease from 42% to 12% by this Plan- The City Engineer has indicated both plans are feasible. Builder, Jerry Roelofs, said this plan had beenconsidered but with the greater cut and substantially- Jabbour noted that financial more retaining walls, the cost would increase hardship cannot be taken into consideration in the decision. Roelofs said Staff plan would give the perception of a narrower lot with the deep tunnel -like cut- He is concerned with the. amount of soil to be removed and the run-off in the area. Roelofs also noted the safety issue of cars using the driveway in ninclee , a Lanment do is more of a problem with Staffs plan. There would be no safety a�f st Lori allows fora guard rail - protect a car from sliding onto the roadway. The app p Cook said the applicant's plan with a driveway angle has safety benefits - west Hurr asked about the plan being changed from driveway access being 20,enmt ith the County of the property line to now 30'. It was c�amm'erzted n the e�asttel ly 70horigiM � t• . approved of the driveway a Point Kelley brought up the idea of acquiring an easement from a neighbor for a driveway. It was noted that the City can only recommend this option. The applicants indicated that the neighbors had been approached but neither were in favor of an easement. on resulting in the Harr moved, Kelley seconded, to approve lish ac�cess��s a� the property owner, mini variance necessary to accomp said the County Engineers recommended the cut as their plan presents. Larson said preliminary approval had been obtained, and with this taff Staffas Present"ing another plan 21 directed to go ahead with this late date. Jabbour agreed �th this noting Kelk and Jabbour. finalizing the applicant`s plan. Ayes 1, Hurr; IN 3, Callahan, ey, Motion failed_ Jabbour moved, Callahan seconded, to adopt Resolution 93499 to nditionali approves appl��t � glan. Ayes 3er varianc the resolution draft in the packets which co y Callahan, Kelley, Jabbour; Nays 1, Hurr. Motion carried. �� 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 (#'I I - Item #1967 - K P Properties/Robert Olin - Continued) CYaf&on reported the original recommendation was for the Geffre properly to be included in the plat_ The 14-acre outlot C would require a continuous platted road corridor to Bayside. The Peterson plan did not include the Geffre property and proposed the City accept the development agreement between the Olson!s, K-P Properties and Geffre. The agreement indicates if Outlot C is replatted to buildable lots and Outlot B is used for a road, then Geffire will receive Outlot A in exchange for becoming part of the future plat, creating an outlot to complete the road connection through Geffre's property. If the Write property was acquired, the future road would come from the west. A potential problem with this would be the OIson residence would possibly not be served by a future interior road but access directly onto Bayside Road. Barrett was concerned with the risk of contingency noting that the City might not be able to enforce the agreement placed upon the Geffxe property. Gaffron also commented that the resolution'.vas structured such that Outlots, A, B, and C could not be separated or conditions of the agreement revised without City approval. If the Outlot was buildable right away, there would be a Park Dedication fee paid. If divided later, the fee would be deferred. Ga#£ron also noted that there is a 1979 easement on the Geff're property in favor of the Olson property allowing for a road. I-11urr rnoved to approve with the Staff recommendations. There was no second to that motion. Callahan moved, Jabbour secon ded, to return the request to the Planning Comrnission with guidance from the City Attorney on legal questions. Ayes 3, Callahan, Goetten, and Jabbour, Nays 1, Hurr- (##12) #f1968 KErM & V)IVIAN B 4NGERT, 3500 BAYSIDE ROAD - VARIIANCES Applicant Vivian Bangert, Builder Roeloffs, and Property (>vrer Shirley Larson were present. Gaffron reported the applicant wants to construct a drive -way access into property located on the northside of Bayside Road in order to construct a residence. The request is for variances for lot width (165' where 200 required), lot area (1.97 acre lot where 2 acres are required), hardcover (40% in 0-75' zone), land alterations (live tree removal in 0-75' zone) and bluff impact (topographic alterations/grading and filling in 0-75' zone). 6 MINUTES OF THE REGULAR ORONO CITY COUNCM MEETING HELD ON OCTOBER 10, 1994 (Item #12 - Bangert - Continued) Gaffron said the Planning Commission looked at the property and agreed that the eastside entry to the property with driveway going across the front slope and up into the property on the westside is the best of the choices available_ None of the options are ideal but this particular one would have the least impact on slope, grading, and vegetation. The Commission recommended denial and felt consideration should be given to alternative access through an easement with a neighbor. Callahan said we can't ask the applicant to obtain an easement. Goetten commented that by giving this property access to sewer, the City deemed the property to be a buildable lot, requiring the Council to work with the applicant in finding a workable solution_ Larson said the option of an easement from a neighbor was not feasible. One neighbor, when approached on the subject, asked $30,000 for the easement. The other two neighbors have their property for sale and an easement would be a hindrance to either sale. Cook said going straight in would be a better alternative as far as navigation but would ruin the landscape. Gaaon also said there would be huge retaining walls or wide cuts in that scenario. Screening --ould help to protect headlight reflection_ Winter conditions could be treacherous but navigable. Cook also said the present plan would cause the least amount of destruction to vegetation. GaSron reported the County Engineer'required the driveway to enter within 70 feet of the east side of the lot. The DNR is concerned with this project and stated in their letter of 9l29 that the requested variances be denied due to the considerable grading and removal of vegetation. Planning Commissioner Nolan commented on the loss of trees, but said if there were no other means, this was the best plan. Safety was still an issue and suggested possibly heating part of the driveway. Iabbour asked if a landing :would be appropriate. Gaflon .,aid if it was feasible, it :would make sense. Roelo#£responded that the 8% grade was not excessive and the rise, of 9' is over the length of 115'. There would also be a flat spot in the bend to allow a car to reassess their drive_ Hurr brought to the Council's attention that the driveway as proposed will cut into. the right of way. Goetten remarked on the need for the applicant to work with the City on tree replacement. Barrett noted the DNR has the right to sue the City over a resolution of approval but the City can only ask the property owner to consider an easement with neighbors, but not require it. 7 MINUTES OF THE REGULAR ORONO CITY COUNCEL MEETING HELD ON OCTOBER 10, 1994 (#12 - Bangert - Continued) Hurr moved, Goetten seconded, to approve the lot area, width, and hardcover variance noting only the driveway access will be in the right of way. The Council asks the applicant to work with Staff on the tree removal and additional planting. No future variances will be allowed and the Engineer is to look at the driveway configurations prior to final approval. Ayes 4, Nays 0_ MAYOR/COUNCIL REPORT Jabbour reported that the LMCD has a multi -page procedure regarding quiet water. Jabbour informed the LMCD of the need to go through this formal process with regards to Deering Island, ENGINEER REPORT No report at this time. CITY ADMINISTRATOR'S REPORT (*#13) APPOINTMENT OF ELECTION JUDGES FOR GENERAL ELECTION - RESOLUTION #3481 Hurr moved, Jabbour seconded, to approve Resolution #3481 appointing election judges for the 11/8/94 general election. Ayes 4, Nays 0. (*#14) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Hurr moved, Jabbaur seconded, to approve the date of 11/9/94, at 4:00 p_m., for the 1994 Canvassing Board meeting. Ayes 4, Nays 0. (#15) SUMP PUMP INSPECTION ORDINANCE 9129, 2ND SERIES Moorse .reported that this inspection program �rsnto'allof directly connected � the of all homes �� to the sewer. City sewer service to confirm that the sump pump to the sewer The current ordinance prohibits the direct connection of a sump pumpsystem but has no means of enforcement with regard to inspections, a timeline for compliance, or fines. This ordinance would carry a $100/month surcharge for those with sump pumps not in compliance with a 3/l/96 date set for compliance. The inspections will be conducted mainly by in-house staff. If it is found to be needed, additional personnel will be hired to complete the inspections on time. Hurr felt the fines should be charged if the sump pump is not in compliance within 14 days after the inspection. 8