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HomeMy WebLinkAboutLA19-84 ExC PC MinutesMINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 5 12. LA19-000084 JULIE THOMETZ, 1340 BALDUR PARK ROAD & PINS 08-117-23-31-0006, 08-117-23-31-0007, 08-117-23-31-0008, 08-117-23-31-0009, 08-117-23-31-0010, 08-117-23-31-0011, 08-117-23-31-0012, 08-117-23-31-0013, 08-117-23-21-0014, 08-117-23-31-0016, 08-117-23-31-0017, 08-117-23-31-0018, SKETCH PLAN, 10:25 P.M. - 10:45 P.M. The applicant was not present. Barnhart presented a summary of packet memorandum. Ressler stated the Commission has looked at this a lot and wondered if they could get a picture of what the whole thing is going to be. He does not know why the Commission's feedback is not being heard. Barnhart said at the review last fall the Planning Commission's comments were more about a strict adherence to the lot standards. The City Council wanted to see the road, but they were a little more flexible to the lot standards. The applicant did listen and addressed the road extension and provided some additional information related to the floodplain issue. He agreed with Ressler that the applicant did not show the rest of the point. Thiesse asked when the last time was that the Commission allowed a division for a substandard lot, adding that the Commission does not do that. Barnhart agreed that the Commission does not. Thiesse said he can't see why the Commission would think about it in this case. Someone is trying to force two substandard lots in so they can keep the end of the peninsula for later use. He suggested telling them they don't get it until the Commission sees the rest of it. This is not a place for two houses. There will be a road right along the lake, there isn't a stormwater pond to be seen, and he does not know where they will put it, but there has to be one. Gettman stated he thought there were other neighbors that were against this because this particular owner has not provided anything but hostile situations for them. Barnhart indicated those comments were provided in the Commissioners' packets and were generated from the last review. The applicant is now proposing a cul-de-sac and an extension of the road which Staff sees as a benefit. McCutcheon noted the Commission is hesitant to put a cul-de-sac in when the Commissioners don't know the end plan. Normally when there's a subdivision there's an entire picture put out so the Commission knows if there's a unique opportunity for a common area, etc. The Commission does not have all the pieces of the equation, so it is hard to give an answer. He did not know what would be wrong with dictating that the Commission needs to see the full plan. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 5 Barnhart indicated the City cannot require somebody to plat, which is kind of what is happening when requiring them to include that in the plat. McCutcheon said he cannot, in good conscious, subdivide a lot where the Commission knows there will be future problems. Ressler said it is not a perfect situation with that road, with the congestion and as narrow as it is now. He agreed that 30 feet at a minimum should be the width, not 20. He stated a substandard lot is a substandard lot, and the Commission is generally opposed to that for a subdivision. The Commission seems to say the same thing as far as feedback goes but continues to not see what is being asked for. Erickson stated this is virtually the same thing that was shown a couple of months ago. Ressler noted there was an addition of a cul-de-sac. Erickson said there was a cul-de-sac at that time, too, which in his mind is the only good feature of the whole thing. Gettman indicated there was no cul-de-sac. Erickson said there are other features which are out of the question, and he agrees that the road right-of- way should be 30 feet. He is willing to concur with the City Council that the cul-de-sac could be as far as 1,300 feet rather than 1,000. He pointed out that the 18-foot road is right next to the lake, it doesn't give a measurement but it's within inches of the lake, and asked if there was enough room for a good guardrail. It should be riprapped, there should be a guardrail to keep people from driving in the lake when you're only 6 inches away from it. By the time a better job is done of centering that 30-foot right-of-way some distance from the east side and also some distance from the floodplain on the west, then it will go right through the middle of the property and there will be no room for any house, which is how it ought to be in his opinion. The Commission's job is to respond to what's in front of it. Ressler said the ongoing feedback is the Commission does not feel that Lot 2 is a buildable lot. Barnhart stated that was fair. Ressler said if the applicant is going to build on Lot 1, knowing that you're also going to have one at the end of the peninsula, you have a 30-foot roadway width and you have a cul-de-sac. Barnhart noted things kind of jumped around, but related to question number 1 regarding the lot layout, Lot 2 is not a buildable lot and modifications need to be made there. Question number 2, does the Commission generally support a variance from the lot area requirements, and he is hearing consistently MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 5 no. Question number 3, does the Commission generally support a variance from the 75-foot lake yard setback. He said that will be required to build on Lots 1 or 2. It will likely be needed from both sides. Ressler asked whether it was lake yard or average lakeshore setback. Barnhart stated it was lake yard. Thiesse answered no, they're filling a floodplain as it is just to get a basement. He asked if there is anything on the peninsula that's buildable outside the 75 and if that would maybe cut it down to one house. Barnhart said it would be two or three, maybe. Not Lot 2, and Lot 1 is limited. The challenge with the point is that 75 will come into play on both sides. Thiesse stated that is also a luxury. Erickson said they would have to build a sea wall just to protect their slab. Ressler noted a lot of the difficulty is that there is no structure there right now. Thiesse noted the building pad is not that much larger than the gentleman on Rest Point; it's about 60 by 35. Barnhart asked, regarding question number 4, does the Commission support a waiver from the cul-de-sac length standard, which you'll need to do if you're going to get a cul-de-sac. Thiesse answered absolutely. Barnhart asked if the Commission supported a waiver from the new Baldur Park Road to be consistent with the existing Baldur Park Road. He explained that's the right-of-way and the width. Thiesse asked what the right-of-way is now, whether it was 30. Barnhart said the applicant proposed 20 and Staff suggested a minimum of 30. Thiesse said the existing Baldur Park is 30 and he is a 30 person. McCutcheon said he would not want to go narrower. Barnhart asked if the Commission supports a waiver from the conservation design requirement. The code requires a conservation design when you have a project that is more than 7 acres or has density of less MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 5 than 2-acre lots. Staff supports a waiver because of what they are trying to protect from a view standpoint. The setbacks already protect quite a bit of the lake standards. Thiesse noted this area is a pretty prominent point of the lake but he did not know what could be gained from it. Barnhart responded you would get a tree inventory that will probably show there's quite a bit of cottonwoods. Gettman said it is already very limited. Barnhart stated the main thing you'd get would be a tree inventory, but also soil work would be required and any wetlands, which has already been done. Bollis said on the conservation design requirement, that can push the project in a different route because it is going to talk about it being a peninsula and a point. Road rights-of-way are going to get smaller, et cetera, based on the conservation design. He does not see why it should be waived in this situation; it is not waived on other projects. Barnhart noted that it actually is waived on some projects. Bollis repeated he does not see a need to waive it here. Erickson said for this parcel his suggested density is 0 houses per acre. They have a good site for a piece of road with a cul-de-sac at the end, and that would be a reasonable use for this site. Ressler commented maybe having a second or third house on the end contingent upon having a 30-foot road and a cul-de-sac. Erickson said, looking at the outline, neither of the houses should be built and they need to come back with another plan to show what they are going to do beyond the cul-de-sac. But what is in front of the Commission today is a road and a cul-de-sac. Barnhart stated that he is not hearing support to waive the conservation design requirements. Bollis stated he was correct. Barnhart asked if there were any other issues the Commission would like him to share with the City Council. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 5 McCutcheon said the safety of the road is a big issue because there are no lights in Orono, especially if someone is lost or for UPS drivers. It is one thing when you have one person's driveway who has driven it their whole life, but when you open it up to the public, it’s a concern. Thiesse commented the UPS guy will be thrilled he has a turnaround instead of backing all the way up. Ressler said if it wasn't for the fact that the Commission would be approving an emergency vehicle turnaround and the cul-de-sac, he is not sure he would be in support of anything being subdivided. If that is something that benefits the rest of the peninsula, he could see perhaps another house next to the structure that is there right now as long as it is within lake yard setback requirements. It is potentially the one that does show up on what the Commission has been looking at under Lot 1 but under the same premise, which appears that it would not meet the lake yard setback at best. Thiesse asked whether floodplain fill was outside of the Commissioners' jurisdiction and clarified the applicant would have to get permits elsewhere. Barnhart said the Commissioners would have to approve a Conditional Use Permit for any fill. He confirmed they would get permits elsewhere but also from the Commission. Standards have been adopted in the City Code, and the Commissioners would apply those to that type of application. He stated he has feedback to share with the applicant and City Council and then it can move forward.