Loading...
HomeMy WebLinkAbout10-16-2000 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Jay Nygard,William Stoddard, Dale Lindquist, Janice Berg, and Daniel Kluth. Commissioner Sandra Smith was absent. The following represented City Staff: Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger,Assistant Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City Council Representative Barbara Peterson was present. Chair Hawn called the meeting to order at 6:31 p.m. PUBLIC HEARINGS (#1) #2624 ROGER OLSEN,815 PARTENWOOD ROAD—RENEWAL VARIANCES, 6:31 p.m.—6:37 p.m. Roger Olsen, Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting to renew variances that were granted in November, 1997, October, 1998,and October, 1999. The Applicant would like to expand and remodel the existing residence to include a four stall garage and additional living space. • Variances were approved City Council for l pp b y the C ty Cou c o lakeshore setback and hardcover in the 0-75' zone. Variances were required for remodeling to the existing residence that is located 34' from the lakeshore where 75' is required. A hardcover variance in the 0-75' zone s required to allow 15.3 percent where 20 percent exists and zero is allowed. Bottenberg stated the lot conforms to lot area,lot width, and side yard setback requirements, with the existing residence being located within the required lakeshore setback. The proposed plan reduces the amount of hardcover in the 0-75' setback. City Staff recommends renewing the variances for lakeshore setback and hardcover in the 0-75' setback. Olsen stated he has renewed the variances in the past due to financial issues and may not be able to complete the project this year either. Olsen stated he would like to undertake this project in the future, and inquired whether it would be best to let the variances expire or to continue to renew them. Hawn inquired what would happen if the variances were allowed to lapse. Gaffron stated if the variances lapsed,the Applicant would need to submit a new plan and pay a new fee. Gaffron noted the Applicant is only required to pay one-half of the fee if he requests renewal. PAGE 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2624 Roger Olsen, Continued) Hawn commented she does not have a problem with renewing the variances. Lindquist stated he also does not have a problem with the renewal. There were no public comments regarding this application. Hawn moved,Lindquist seconded,to recommend approval of Application#2624, Roger J. Olsen,815 Partenwood Road, renewing of the variances for lakeshore setback and hardcover in the 0-75' setback. VOTE: Ayes 6,Nays 0. (#2) 2571 DOUG AULT AND JIM GINTHER,2739 SHADYWOOD ROAD, AFTER-THE-FACT VARIANCE,6:38 p.m.—6:48 p.m. Jim Ginther and Doug Ault,Applicants, were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are requesting an after-the-fact variance to permit expansion of a parking area constituting additional hardcover within 75' feet of the OHWL of Lake Minnetonka. • Weinberger stated this lot is located near the Narrows Bridge, with approximately a half dozen lots being independently owned without residences being located in this area. Weinberger stated the lots were originally platted in the 1950s with the intent to serve the residential lots in the neighborhood. Since the 1950s, several of the lots have been sold off into private ownership. The Applicants share ownership of the lots which contains two mooring areas for boats. In 1999,the City of Orono had restricted parking and had placed no parking signs along County Road 19. Since the no parking signs have been erected,the City is now faced with the creation of parking for each of these lots. Weinberger stated this is an after-the-fact variance request because the existing parking area had been increased in size to accommodate two vehicles. Weinberger noted the entire lot is located within 75' of the lake. Weinberger stated the Applicants have listed four hardships, with the primary hardship being that these docks have existed for a number of years,with the hardship being that a minimum of two parking spaces are needed since there are two property owners. Weinberger stated the gravel parking area would allow the area to be better maintained rather than to permit one car to park on the grass. City Staff is recommending approval of the application based on the hardships listed in their August 15, 2000 letter. Ginther stated Weinberger has represented the situation quite well, and due to the fact that there • PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16, 2000 • (#2571 Doug Ault and Jim Ginther,Continued) are two owners and two boat slips, it is necessary to have parking for two vehicles on this lot. Ginther stated they expanded the existing parking area to accommodate another vehicle, and applied for the variance at the request of the City. Weinberger noted the City has received a letter dated October 16, 2000,from Jim Zimmerman, 2745 Shadywood Road, and Dick and Marlys Ogle, 2771 Shadywood Road, indicating their support of the variance. Hawn noted that a fire hydrant does exist on the property. Ginther indicated the lot is approximately one-fourth of an acre, with 100 feet of shoreline, with the parking area being located in the upper left-hand corner of the survey. Ginther stated the parking area comprises approximately 6.5 percent of the lot. Stoddard inquired how the City regulates how many boats are allowed to be moored in this area as well as the number of docks allowed. Weinberger stated historically the City has allowed this lot to have two docks since at least the 1970s,with the parking of the boats being recognized as a legal non-conforming use. Weinberger stated the granting of the variance would not make the use conforming since it does not have a principal structure located on the lot. Lindquist commented he does not have a problem with this application. • Richard Gay, Shadywood Road, stated he does not have a problem with the parking yw p pa gas long as there are two docks for this lot. Gay commented he does have a concern with the driveway being located so close to the fire hydrant, and inquired whether the driveway could be relocated slightly. Gay recommended the driveway be relocated two to three feet to allow for better access to the fire hydrant,with the Applicants providing adequate screening of the driveway. Hawn inquired whether the Fire Department has looked at this issue. Weinberger stated it was his understanding the plug for the fire hydrant is actually located to the side away from the parking area. Weinberger stated the required parking setback to a fire hydrant on private property is three feet. Weinberger stated if the Applicants are willing to relocate the driveway slightly,they still would be able to meet the hardcover requirements. Ault indicated he would be willing to relocate the driveway and to provide the screening. . Ginther stated in his opinion they should be able to accommodate the concerns raised by Gay. Lindquist moved,Hawn seconded,to recommend Application#2571,Jim Ginther and Doug Ault,2739 Shadywood Road, granting of a Conditional Use Permit and variance to permit the continued use of this property as a`dock lot' for the mooring of two boats, • PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2571 Doug Ault and Jim Ginther, Continued) and an after-the-fact variance to permit expansion of a parking area to 472 square feet within 75' of the OHWL of Lake Minnetonka,with the understanding that the driveway will be located three feet from the fire hydrant and that adequate screening between this driveway and Gay's property will be provided. VOTE: Ayes 6, Nays 0. (#3) #2610 JEROME J.HALL,80 LEAF STREET,VARIANCE,6:48 p.m.—6:52 p.m. Jerome J. Hall,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger indicated the City Council has requested this matter be returned to the Planning Commission to discuss options on the property for deck replacement without increasing the size of the deck. The Planning Commission at their last meeting had voted 7-0 to recommend denial of the request based on the size of the deck located within the 75' setback would increase. The Applicant is requesting an after-the-fact variance to permit replacement of a deck within the 75' setback to a protected tributary. Weinberger stated the issue at the previous Planning Commission meeting was the fact that additional structure was to be placed within 75' feet of the tributary. S Weinberger stated the Applicant has revised his plans, with the size of the deck now proposed to remain the same as the existing amount of hardcover within 75' of the tributary. The Applicant has agreed to reduce a portion of the deck so the hardcover within 75' of the tributary would not increase. Weinberger stated the total amount of hardcover prior to the reduction was 174 square feet within 75' of the tributary,with the revised plan proposing 170 square feet within 75' of the protected tributary. Weinberger noted a portion of the deck would be constructed outside the 0-75' setback. City Staff is recommending approval of the revised application. Hall indicated he had nothing further to add to Staffs report. There were no public comments regarding this application. Nygard moved,Berg seconded,to recommend approval of Application#2610,Jerome J. Hall,80 Leaf Street,granting of an after-the-fact variance to permit replacement of a deck within the 75' setback to a protected tributary. VOTE: Ayes 6,Nays 0. • PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2000 • (#4) #2614 JOE AND SUE HAUS,4485 BAYSIDE ROAD—VARIANCE, 6:52 p.m.—6:58 p.m. The Applicants were not present. Weinberger indicated he did attempt to contact the Applicant,who was unavailable, and is unsure whether the Applicant will be attending tonight's meeting. Bonnie Kelley, 4495 Bayside Road, stated she would like to comment on this application. Hawn stated since the Applicant is not present,the Planning Commission is unable to comment on the application, but would be able to hear her statements regarding this application. Kelley stated she has spoken with the Applicant concerning this shed,noting that the placement on the plan is inaccurate in that the shed is actually located in the middle of the lot and is approximately 60 feet long. Kelley stated the shed was dilapidated with the Applicant having recently made some improvements to the shed. Kelley inquired whether a building permit had been obtained by the Applicant to do the improvements to the shed. Weinberger stated he did obtain a building permit. Kelley stated she would prefer to see the shed removed. • Hawn reiterated the Planning Commission is unable to comment on this matter without the Applicant being present,noting the members of the Planning Commission have reviewed the site. SCHEDULED PUBLIC HEARINGS 7:00 p.m. (#5) #2621 JAMES BARTH,3725 TOGO ROAD,SUBDIVISION, 7:00 p.m.—7:08 p.m. James Barth,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant has applied for Preliminary Plat approval for a two-lot subdivision of a 1.22 acre site located at 3725 Togo Road. The existing house would remain on Parcel 1,and would consist of.61 acres. Parcel 2 would consist of.61 acres, with a minimum of one-half acre being required for this zoning district. The proposed lots meet the minimum lot width and lot area requirements. Bottenberg stated suitable areas exist within the required setbacks for a building pad that will not result in the need for any variances, with the existing residence meeting the required 10 foot side setback. S PAGE 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2621 James Barth, Continued) Bottenberg stated the preliminary plat does not indicate where the driveway would be located. The City Engineer has indicated that any driveway should provide adequate sight lines to exit/enter from Togo Road,with the driveway being located at least five feet from either the west or east property lines. Approval by the Public Services Director of the driveway access is required. Bottenberg stated the current residence on Lot 1 currently has sewer and water,with a sewer stub for Parcel 2 being available. The property was assessed in 1965 on a footage basis,with no additional sewer connection charge being due. Bottenberg stated there also is a water stub in place for Parcel 2,with the property being assessed for two water units in 1970. The only additional charges due would be$360.00 for the 1999 Navarre Water Treatment Plant rehabilitation connection charge for Lot 2. Bottenberg noted there has been a permit issued by the Building Official in September of 2000 for a 24'by 42' detached garage on what will become Lot 2. By City Code an accessory building is not allowed without a primary structure on the property. The Applicant has been made aware of this code requirement. Staff would recommend that the accessory structure be allowed to remain on the lot as long as a building permit for a residence is obtained within one year from the date of final plat approval,with removal of the accessory building being required if no building permit is obtained within one year. Bottenberg noted the standard drainage and utility easements shall be dedicated on the final plat • 10 feet along the boundaries of the property line and five feet along all internal property lines. Bottenberg indicated a 15 foot right-of-way shall be dedicated on the plat from the center of Togo Road for each parcel,which will reduce the existing house's front setback from 31 feet to 21 feet. City Staff recommends approval of the application. Barth stated the driveway would be located 15 feet from the property line. Lindquist inquired whether the Applicant would be willing to meet the conditions set forth in the October 16,2000 Planner's Report. Barth indicated he does not have a problem with meeting the City's requirements. Hawn stated she does not have a problem with the application. There were no public comments regarding this application. Lindquist moved to recommend approval of Application#2621,James Barth, 3725 Togo Road,Preliminary Plat approval,subject to the four conditions outlined in the October 16,2000 Planner's Report. Barth stated he intends to obtain the building permit right away. Barth inquired whether it would be possible to do final plat approval at this time as well. • PAGE 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2621,James Barth,Continued) Lindquist stated the Applicant would need to go through preliminary plat approval first. Hawn inquired whether any public notice would be required for final plat approval. Weinberger stated once the Applicant meets all the requirements of preliminary plat approval, they may come in for final plat approval. Weinberger stated there are no public notice requirements. Weinberger suggested the Applicant contact City Staff to discuss the possibility of a joint application. Gaffron commented preliminary plat and final plat approval is normally a two stage process, with the earliest a joint application could be heard by the City Council being three weeks from tonight. Nygard seconded the above motion. VOTE: Ayes 6,Nays 0. CONTINUED PUBLIC HEARINGS (#8) #2622 GINA KOSEK, 1875 SHADYWOOD ROAD,VARIANCES, 7:09 p.m.—7:28 p.m. • Gina Kosek,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants have recently purchased the properties at 1875 Shadywood Road and have made an application to have the lots legally combined into one tax parcel. The Applicants obtained a permit for demolition of the house,with another permit being issued to begin construction of a new house on the lot. No variances were required for the lot or house under construction. Due to the lot being narrow,the Applicants are requesting a variance to permit a new deck to be located within 75' of the lakeshore. Weinberger noted a deck had existed on the previous house within the 75' setback. Weinberger stated the old deck would have been permitted to remain on the property if the old house had remained on the property and had been added to. Following a review of the foundation and structural limitations on the old house,the Applicants have elected to completely remove the old house and build a new residence, including foundation. A condition of the building permit approval required that all the existing structure and old deck be removed and the separate lots be combined to create a legal sized building parcel. A variance is required to permit construction of a 190 square foot deck within 75' of the lakeshore and to permit structure within 75' of the lakeshore. Weinberger noted there is a narrow building pad on the property,which has required the Applicants to apply for a variance to permit a deck within 75' of the lakeshore. The Applicants • PAGE 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#2622 Gina Kosek,Continued) have chosen not to build closer to Shadywood Road than the 30 foot setback since Shadywood is an arterial street and carries much more traffic than most residential streets in the City. Weinberger stated the point at which the deck is proposed to be located is at one of the more narrower points of the building pad on the property. Weinberger stated if the house had been moved further to the north it would have been possible to locate the deck and house within the required setbacks because the lot is wider to the north,but since the structural conditions within the old house were only discovered following completion of the building plans and within one week of beginning construction,the Applicant has decided to build the house in the proposed location. It is the opinion of Staff that the hardship may be self-imposed due to the location of the new house on the property and not inherent in the land. Kosek stated she is aware of the position of City Staff regarding the hardship,but in her opinion removal of a newly constructed house does constitute a hardship and should be considered. Kosek stated since the structural limitations were not found until one week prior to construction beginning,they were limited in their options. Kosek indicated she did review her options with an architect for relocation of the house and deck,which were not very feasible due to the narrowness of the lot. Kosek commented they have taken steps to reduce the amount of hardcover that existed in the 0-75' setback by approximately 1,000 square feet,and would like to construct a 190 square foot deck. Kosek noted the old deck would have been allowed to remain on the property had the residence remained,but would have needed to be replaced due to the deteriorating Sold condition of the deck. Hawn concurred that tearing down of a house would constitute a hardship,but in order to approve a variance,the hardship must be inherent in the land. Hawn indicated it is the policy of the Planning Commission to attempt to avoid variances on new construction,especially in the 0-75' setback. Kosek distributed pictures of what the old residence and lot looked like prior to the removal of the house. Kluth commented the Planning Commission is not in a position design houses,and inquired whether the Applicant has looked at relocating the deck outside the 0-75' setback. Kosek stated she did look at that option but were limited in their choices due to the narrowness of the lot. Kosek stated they have taken steps already to reduce the size of the house as much as possible. Kluth stated if the Planning Commission would allow a new deck within the 0-75' setback, it could set a precedent. Lindquist stated he is in agreement with the recommendation of City Staff. There were no public comments regarding this application. • PAGE 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16, 2000 • (#2622 Gina Kosek,Continued) Lindquist commented in his view this variance will be denied,and suggested the Applicant look at her options again to see whether the deck can be located outside the 0-75' setback without the need for a variance. Lindquist stated this application can be tabled,withdrawn, or the Planning Commission could vote on the matter. Kluth stated if there is a vote on the application,the matter will proceed to the City Council. Weinberger stated Staff would prefer a recommendation from the Planning Commission this evening. If the Applicant wishes to withdraw her application, Staff would prefer that be done in writing,which would mean the matter would not be heard by the City Council. Lindquist moved,Kluth seconded,to recommend denial of Application#2622,Gina Kosek, 1875 Shadywood Road,for a variance to permit a new deck to be located within 75' of the lakeshore. VOTE: Ayes 6,Nays 0. (#9) #2623 GREG AND MICHELLE WALSH, 1926 FAGERNESS POINT ROAD, VARIANCES,7:28 p.m.—7:29 p.m. The Applicants were not present. Weinberger stated City Staff would request this application be tabled to allow the Applicants time to submit a revised plan. • Hawn moved,Nygard seconded,to table Application#2623, Greg and Michelle Walsh, 1926 Fagerness Point Road,to allow the Applicant time to submit a revised plan. VOTE: Ayes 6,Nays 0. SCHEDULED PUBLIC HEARINGS 7:30 p.m. (#6) #2631 ZONING CODE AMENDMENT,ORONO MUNICIPAL ZONING CODE, RESIDENTIAL P.U.D.,7:30 p.m.—7:44 p.m. Gaffron stated the City's recently approved Comprehensive Plan designated a number of areas within the City for medium density residential uses which are currently not allowed by any of the existing zoning districts. In addition,the Comprehensive Plan establishes housing goals and policies that place an emphasis on the provision of lifecycle and moderately priced housing, with the plan further encouraging the use of innovative methods of development that will help to preserve Orono's natural environmental features as well as conserve resources. Gaffron stated the proposed planned unit development district will be a residential district that has the purpose of allowing flexibility in terms of design,building techniques, land development methods and density in order to achieve the residential goals and policies outlined in the • PAGE 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2631 Zoning Code Amendment,Continued) Comprehensive Plan. The amendment is necessary since none of the existing zoning districts are tailored to meet this purpose. Gaffron summarized that the residential planned unit development will be strictly a residential zone and does not have a mixed land use component,although it will allow for various types and densities of residential uses. This district will contain a list of permitted, conditional and accessory uses that is similar in scope to that of Orono's single family districts,but will not include certain of the"institutional"or"quasi-commercial"conditional or accessory uses allowed in those districts. The sites to be rezoned to RPUD must be at least five acres in size unless the developer demonstrates the property has certain unique characteristics. Further,any site to be rezoned to RPUD must be guide-planned for residential use in the Comprehensive Plan,with the proposed density of a project in the RPUD matching the Comprehensive Plan's planned density. Gaffron stated currently the City's PUD standards do not allow any density credits. One of the goals of the RPUD is to allow densities in excess of the two to six units per acre. Incentives as to density and floor area ratio are possible for RPUD proposed which the City Council finds are consistent with Orono's housing goals. Gaffron stated RPUD Performance Standards are established for hardcover, floor area ratio, setbacks,et cetera. The City would have the option of adding other standards if it deems necessary. Gaffron stated the City expects to have an application for a 70 unit senior housing project on a site located along Highway 12 that is guide-planned for commercial use. The proposed RPUD District ordinance language addresses and accommodates conversion from commercial to residential as well as the density needed to make the project feasible. Gaffron commented the RPUD District may ultimately replace the minimal PRD code section for planned residential developments. City Staff recommends approval of the proposed ordinance to establish standards and authority for the RPUD District as a residential zoning option, subject to any changes the Planning Commission may wish to propose. Stoddard stated he supports the lifecycle housing concept, and would like to discuss this proposed zoning code amendment further at their next work session. Stoddard stated in his opinion this ordinance needs to be discussed more indepth and that care needs to be taken in setting precedents which may permit high density apartment houses to be constructed in Orono. Stoddard stated Section 10.33 needs to be redefined in his view as well as Subdivision 5, which deals with transitional areas. Gaffron stated the PUD process was created by Planners to allow some flexibility by the City to say yes or no to certain projects. Gaffron stated the Planning Commission can elect to give some conceptual direction on this zoning code amendment or table the matter to allow this matter to be discussed at their next work session scheduled for Wednesday. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#2631 Zoning Code Amendment, Continued) Lindquist commented he agrees conceptually with the amendment. There were no public comments. Hawn moved,Stoddard seconded,to table Application#2631,Zoning Code Amendment,Orono Municipal Zoning Code,Residential P.U.D.,to the Planning Commission Work Session scheduled for Wednesday, October 18,2000, 7:30 a.m. VOTE: Ayes 6,Nays 0. PUBLIC HEARINGS,CONTINUED (#4) #2614 JOE AND SUE HAUS,4485 BAYSIDE ROAD,VARIANCE, 7:45 p.m.—7:57 p.m. Joe Haus,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger noted the Applicant was late for tonight's hearing due to a miscommunication on his part. Weinberger stated the Applicant is requesting a variance to permit a recently remodeled • accessory building to be located in front of a new principal residence to be constructed on the property. The Applicants had purchased the property last year and had a conditional use permit for a guest house approved by the Council. The property owners since that time have decided not to construct the guest house and build a new residence instead, with removal of the existing residence following issuance of a Certificate of Occupancy for the new house. Weinberger stated the existing accessory building is 12' by 32',which is located a few feet off the north property line. The Applicant is proposing to remove the existing building, construct a new accessory building located 50 feet from the front property line and a minimum of 30 feet to the side property line. The size of the new building would be 14' by 22',which is 380 square feet and is a reduction of 76 square feet from the existing building. The building would be constructed with a gabled or barn style roof to it and be one-story in height. Weinberger stated the reason for locating the building in front of the principal structure has to do with the way the property has historically functioned. Weinberger noted there is a shared driveway along the property line and services the back lot. The existing driveway would end at the garage to the new residence. The purpose of the shed is for storage. Location of the shed behind the principal residence is not possible due to some low land and trees in that area. Weinberger noted the building would meet the required setbacks. Haus stated he is in agreement with Staff's comments. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2614 Joe and Sue Haus,Continued) Hawn noted Mrs. Kelley is still in attendance at this meeting. Hawn stated the proposal before the Planning Commission is to remove the accessory building located near her lot line and to construct a smaller building near the driveway. Hawn inquired whether Kelley had any further comments she would like to make regarding this proposal. Kelley stated she would like to discuss the matter first with her husband. Hawn noted the Planning Commission will be making their decision on this application tonight. Kluth inquired whether the Applicant had any further comment regarding the hardship. Haus stated they will be constructing the house further down the hill,with the shed being used to store equipment to help maintain the driveway. Lindquist inquired whether the building could be located closer to the house. Haus stated he could possibly locate the building closer to the house to some degree to attempt to meet the setback, noting that there are some large maple trees in the area that he is attempting to avoid. Weinberger stated it is possible the garage could be located 70 feet from the property line. Haus stated a well does exist on that side of the house. • Weinberger stated he would need to maintain a three foot separation from the well. g P Lindquist commented in his view the closer the building is to the house,the better. There were no further public comments regarding this application. Lindquist moved,Kluth seconded,to recommend approval of Application#2614, Joe and Sue Haus,4485 Bayside Road,granting of a front yard setback variance to permit the location of an accessory structure in front of a principal structure. VOTE: Ayes 6,Nays 0. Hawn noted the building is not to exceed 14' by 28'. CONTINUED PUBLIC HEARINGS (#7) #2620 PAUL PASCUZZI,3320 NAVARRE LANE,AFTER-THE-FACT VARIANCE, 7:58 p.m.—8:01 p.m. Paul Pascuzzi,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. • PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#2620 Paul Pascuzzi, Continued) Bottenberg stated the Applicant is requesting after-the-fact variances to permit a storage shed to remain on the property. The shed is currently located on a property line,within the front yard setback and in front of the principal structure. The accessory structure was built in October of 1999, without a building permit. The Applicant was notified by Orono's Building Official of the violation in October of 1999 and August of 2000. The notification letter explains when a building permit is applied for,a review of the plans is done to check if it meets City building and zoning codes. The Applicant has had the property surveyed,and the survey indicates the shed is located over a property line and within the front yard. Due to these issues, a building permit has not been issued. Bottenberg stated the shed is currently used for storage of yard equipment and other items not easily moved up or down the steep slope in the front yard. The front yard is flat for approximately 25 feet from the street and then becomes very steep. Bottenberg noted structural coverage and hardcover are not an issue with this application. City Staff recommends approval of the variances to allow a 7.8' by 10' accessory shed to be located between the principal structure and the street and to be located 15 feet from the front lot line. Pascuzzi indicated he had no comments regarding his application. • Lindquist stated he does not have a problem with the variance provided the setbacks are met. Stoddard requested the Applicant respond in a quicker fashion the next time he receives a notification letter from the City. There were no public comments regarding this application. Stoddard moved,Lindquist seconded,to recommend approval of Application#2620, Paul Pascuzzi, 3320 Navarre Lane, granting of a front yard setback variance to permit A 7.8' by 10' accessory structure to be located 15 feet from the front lot line. VOTE: Ayes 6,Nays 0. (#10) #2625 MORGAN K.NELSON,3145 JAMESTOWN ROAD,VARIANCES, 8:02 p.m.—8:02 p.m. This application was not heard due to the absence of the Applicant. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#11) #2626 WILLIAM B.AND LYNNE M.L. PETERSON,420 ORCHARD PARK ROAD,VARIANCES,8:03 p.m.—8:20 p.m. William and Lynne Peterson,Applicants,were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are requesting approval of a variance to the five acre lot area requirement to permit construction of a new residence on the property. The property currently is a vacant parcel without direct access to a road. The property is within the RR-1A, One family Rural Residential District and consists of 4.34 acres,which is slightly below the five acre minimum requirement for this district. Weinberger noted the septic design for primary and secondary septic sites have been approved by the City of Orono. Weinberger stated another approval required before a building permit can be issued is to allow land alteration within a wetland,which may require a permit from the MCWD. Weinberger stated the small wetland basin does not appear on the City of Orono's 1974 Wetland inventory. The Applicant is currently working with the MCWD to determine whether a permit is required,with obtainment of the permit being a condition of approval should one be necessary. Weinberger stated the driveway grading plan also needs to be approved prior to the issuance of a building permit. Weinberger noted this lot does not have direct access to a public road and requires a 33 foot dedicated easement for public right-of-way to gain access to the property. The existing grade has a grade approaching 20 percent for a driveway,which will require some regrading and retaining walls in this area to reduce the slope of the driveway to 12 percent. The Applicants are also requesting an area of the public right-of-way to be vacated. The vacation would increase the size of the Applicant's property by over 31,000 square feet creating a lot of five acres. The lots within the plat of Orchard Park average 4.8 acres in size. Secondly,vacation of the right-of-way would eliminate the possibility of a driveway or road being routed around the property. City Staff is recommending that the right-of-way not be vacated until the property to the north develops and access has been secured to the other landlocked properties. Weinberger stated a lot combination has been completed on the lots to the north and surrounding this site,with the total land area of those lots being approximately 23 acres. It is possible,although not likely,that a lot could be split leaving a property north of the subject lot without any access to a right-of-way except the 33 foot dedicated on the plat of Orchard Park. no access to Jacobs Mill Road would be available due to a large wetland located on Lot 6,with the connection to the north not being possible. The Applicant has indicated he would be willing to dedicate an easement in favor of the property to the north creating a shared driveway across the 420 lot for access to Lot 7 as a condition of the right-of-way vacation. City Staff recommends approval of the variance for lot area. The lot does meet the 300' lot width required for the front property line. Staff is recommend approval subject to the following • PAGE 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • #2626 William and Lynne Peterson, Continued) conditions: 1. Applicant shall receive approval from the MCWD for the land alteration within a wetland. 2. Final Grading Plan for the driveway shall be approved by the City of Orono. 3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land alteration and grading on the lots as required by the On-Site Systems Manager. 4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the private driveway within the public right-of-way and agree that others requesting use of the public land can share a driveway if required. City Staff would recommend denial of the request for vacation until such time the property to the north develops and legal access would be secured to all properties. Peterson stated the proposed driveway does meet the grading requirements of the City,with a very small wetland existing on the property. Peterson stated he is requesting that the road be vacated,which would then not require a variance to lot area. If the road is not vacated, a variance would then be needed. Peterson stated the roads in this area were platted in 1914 and have not been used in the last 80, 90 years. Peterson stated he is unsure what the initial intention for the roads was. Peterson stated he does not have a problem granting an easement to allow access to Lot 7 should that ever be required,which in his view is a win/win situation and provides a cheaper, straighter access to that lot. Robert Roden,460 Orchard Park,stated he is in agreement with Peterson. Stoddard inquired whether Roden is the owner of Lots 5, 6, 7,and 9. Roden stated he is. Peterson commented that Lot 6 is basically a wetland. Lindquist stated he would not have a problem approving a lot width variance for this parcel subject to the conditions listed in the Planner's report. Lindquist indicated he would not be in support of the vacation at this time since he is unsure what will occur in this area in the future. Hawn noted the lots in this area are substandard,with the potential for an easement to cause problems in the future should ownership of the lots change. Peterson stated he would be willing to make the easement permanent. • PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2626 William and Lynne Peterson,Continued) Lindquist stated the Applicant could still do the easement if they so desire,but he would not be in favor of vacating the road at this time. Stoddard stated he concurs with Lindquist's statements. Lindquist moved,Hawn seconded,to recommend approval of Application#2626, William B. and Lynne Peterson,420 Orchard Park Road, granting of a lot width variance subject to the four conditions outlined in the October 11,2000 Planner's Report, and to recommend denial of the request for the vacation of the road. VOTE: Ayes 6,Nays 0. Peterson inquired who would be responsible for maintenance of the road if someone else should use it in the future. Gaffron stated the City would probably leave that up to the Applicant and anyone else using the road to reach an agreement on the maintenance. Gaffron suggested that perhaps the Applicant may wish to discuss this item with the City Attorney. (#12) #2627 WILLMAR L. THORKELSON,440 BIG ISLAND,AFTER-THE-FACT VARIANCE,8:21 p.m.—8:42 p.m. Mr.and Mrs Willmar Thorkelson,Applicants,were present,along with John Waldron, Attorney-at-Law. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting an after-the-fact variance to permit a storage shed to remain on the property which is currently located 23 feet from a platted,dedicated right-of-way where 30 feet is required. The accessory structure was built in 1999,without a building permit. The Applicant was notified by Orono's building official of the violation in April of 1999 and August of 2000. The notification letter explains when a building permit is applied for,a review of the plans is done to check to see if it meets City building and zoning codes. The Applicant had the property surveyed which indicates the shed is located 23 feet from the street right-of-way, and therefore, a building permit has not been issued. Bottenberg indicated the shed is currently utilized for storage of an ATV,yard equipment, gardening tools, supplies and other tools. The shed is used to house equipment for the back property. Bottenberg noted the property consists of two lots that have been legally combined making it large and odd shaped. The platted right-of-way was dedicated to the public use forever on the plat of Morse Island Park in 1887,but is not a developed road or street. The City does not intend for it to become a • PAGE 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#2627 Willmar Thorkelson,Continued) developed street and it acts more like a trail through the woods and provides access for emergency or service vehicles and utilities to Big Island. Bottenberg stated the storage shed is located on a high spot on the property, with the surrounding land consisting of wetlands and slopes to low areas. The area surrounding the shed is wooded, and the existing shed location is appropriate in terms of topography and trees except for the lot line encroachments. Moving the shed six feet back will result in the need to remove two mature trees. A total relocation of the shed on the site to meet setbacks would potentially do damage to the site due to the possible soil and vegetation disruption that would be caused by the heavy equipment to move it. Bottenberg noted structural and hardcover coverage are not an issue with this application. City Staff views this building encroachment as extremely minor as compared to the 0-75' violation on the opposite side of the island a year ago in which that resident was required to move a newly constructed cabin out of the 0-75' zone. The visual and perceived impacts of the Thorkelson request,by contrast,are minimal. City Staff recommends approval of the variance to allow the shed to remain located 23 feet from the right-of-way. Bottenberg noted the City did receive a letter from Mayor Gabriel Jabbour,who owns an adjacent lot on Big Island, indicating support of the variance, noting that the"roads"on the island are neither traveled or used. • John Waldron,Attorney-at-Law, stated if the shed is required to be relocated,the removal of some mature trees would result,which in their view is a hardship. Waldron stated the encroachment is relatively minor since the roadway is not used as a normal roadway and is not intended to become a standard roadway. Waldron commented the Applicants' son constructed the shed in a site he thought was aesthetically best for this property and did not realize he was encroaching into the setback. There were no public comments regarding this application. Hawn inquired whether another site exists on the property where this shed could have been constructed without impacting the trees. Bottenberg stated a number of trees would have needed to be cut down. Hawn noted that a number of other residents on Big Island have constructed things without obtaining the proper permits. Hawn stated in her view she is unsure whether she would have approved this shed in the first place. Kluth noted this is a substantial sized building and questioned whether the Planning Commission would have approved this size building in the first place. Kluth inquired whether the Applicant was aware that a building permit needed to be obtained prior to construction. • PAGE 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#Z2627 Willmar Thorkelson, Continued) Waldron stated he is unsure what knowledge the son has regarding the building permit process. Lindquist commented he does have a problem with this shed in light of the fact that no building permit was obtained prior to construction. Waldron indicated he is aware that the Planning Commission needs to address issues relating to after-the-fact variances,but in his view this is a unique circumstance, with the setback encroachment being relatively minor since this is not a normal public roadway and has a minimal impact on the area. Waldron recommended the Planning Commission look at the impact that removal of the shed would cause on the environment,which would have a more adverse impact than if the shed were allowed to remain in the location it is presently in. Stoddard stated the Planning Commission does look at a number of after-the-fact variances, noting that in a number of cases the residents of Big Island have not been obtaining the necessary permits prior to construction of structures. Stoddard stated the residents of Big Island need to realize that they also need to comply with the City's codes. Kluth stated in his opinion the failure to obtain building permits by the residents of Big Island do not appear to be mistakes but rather a pattern. Kluth stated the residents are aware of the nature of the roadways and lots on Big Island and that extra caution needs to be taken prior to any work commencing on their properties. • Hawn commented she would like to see a smaller structure. Hawn inquired whether the structure could be down-sized somewhat. Waldron stated anything is possible and that reducing the size of the structure would probably cause less damage than relocation of the structure. Waldron noted that hardcover or structural coverage is not an issue in this application. Hawn inquired how much of the shed is located within the setback. Waldron stated it is his understanding approximately six feet of the shed is within the setback. John Burch, Big Island, stated he is familiar with the structure and in his opinion leaving it where it is would cause less detrimental impact to the environment than relocating it. Burch commented he understands the residents need to comply with the rules,but in his view this is a very minor encroachment. Mrs.Thorkelson stated it would be very difficult to relocate the shed due to the heavy equipment that would be needed to move it. Thorkelson stated her son constructed the shed in a very sturdy manner and it would be difficult, if not impossible,to reduce the size of the shed. Gaffron requested a line be drawn on the survey indicating the portion of the shed that is located within the setback area. PAGE 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 S (#2627 Willmar Thorkelson,Continued) Waldron commented due to the minor encroachment,he does not think removing that portion of the shed within the setback is necessary. Stoddard inquired why a building permit was not obtained prior to construction. Mrs. Thorkelson stated it was her understanding her son would take care of everything and did not inquire whether a building permit had been obtained. Kluth inquired what her son's profession is. Mrs. Thorkelson stated he does some woodworking and different projects. Kluth noted since he does work in the construction industry,he should have been aware of the building permit process. Lindquist moved,Kluth seconded,to recommend denial of Application#2627, Willmar Thorkelson,440 Big Island,for granting of an after-the-fact variance to permit a storage shed to remain on the property,with the understanding that the Applicant has the option to bring the structure into compliance with the City's existing ordinances or remove the building. VOTE: Ayes 3,Nays 3,Nygard, Stoddard and Berg Opposed. Hawn commented this application will proceed to the City Council. SStoddard stated in his opinion this was the proper motion to make on this application,noting that the residents of Big Island need to be sent a message that they need to comply with Orono's rules and obtain the necessary building permits. Stoddard recognized that the portion of the building into the setback is very minor and that the roadway is not a standard roadway. Nygard stated he does not have a problem with the encroachment. (Hawn excuses herself from the remainder of tonight's meeting at 8:42 p.m.) (Commissioner Dale Lindquist chaired the remainder of the meeting.) (#13) #2628 ROGER ANDERSON,2200 SHADYWOOD ROAD,VARIANCE, 8:43 p.m—8:47 p.m. Roger Anderson,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is proposing to tear down and construct a house and detached garage on a lot that does not meet lot area or lot width requirements. The lot is 16,941 square feet where 21,780 square feet is the minimum lot are for the LR-1C zoning district. The lot is served by sanitary sewer and currently has a house and detached garage on it. Lots of one • PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2628 Roger Anderson,Continued) acre or less serviced with public sanitary sewer and platted prior to the adoption of the zoning chapter are only required to meet 80 percent of the lot area requirement. Bottenberg stated the proposed residence and detached garage,which is proposed to be 18'by 20' or 360 square feet,meet all setbacks in the LR-1C zoning district. The proposed residence and detached garage meet structural and hardcover coverage requirements of city ordinances. The City Engineer at this time has not reviewed the grading plan. City Staff recommends approval of the variances from lot area and lot width subject to review and approval of the grading plan by City Staff prior to this application proceeding to the City Council. Anderson stated he has recently purchased this property a couple of months ago with the intention of remodeling the existing residence,but upon completion of a survey which indicated the house is not well situated on the lot,they have elected to construct a new residence. Anderson stated they have attempted to comply with Orono's codes as best as possible. There were no public comments regarding this application. Stoddard moved,Berg seconded,to recommend approval of Application#2628, Roger Anderson,2200 Shadywood Road, granting of variances to lot area and lot width • subject to review and approval of the grading plan by City Staff prior to this application proceeding on to the City Council. VOTE: Ayes 5,Nays 0. (#14) #2629 KEITH NORD, 1245 LAKEVIEW AVENUE,VARIANCES, 8:48 p.m.—9:08 p.m. Darrell Meyer, on behalf of Keith Nord,was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting variances to permit construction of a one stall garage attached to the existing residence. The attached garage would increase the width of the house by 16 feet and would be built the entire depth of the house,which is 24.5 feet deep. The existing residence was constructed in 1958 prior to the adoption of the current zoning ordinance. Variances are required to permit the garage addition to be located 26 feet from the front property line where 50 feet is required and six feet from the east property line where 50 feet is required because the east line is adjacent to a platted,undeveloped street. Weinberger stated the house was originally built 29.8 feet from the front property line prior to the City adopting the 50 feet setback for new construction. The house was placed on the lot with the sides being parallel with side lot lines and 29 feet from the front property line. No • PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16, 2000 • (#2628 Roger Anderson,Continued) addition can be placed on the house without requiring variances. Due to the existing floor plan and driveway location,the proposed location is the best site for the garage. Weinberger stated a platted but undeveloped 12 foot alley is located along the east property line. Vacation of the alley was discussed. It is the position of Staff that the entire neighborhood should jointly apply for a vacation of the alley. Should the alley be vacated in the future, six feet would go to each adjacent property owner. Weinberger noted this alley is not needed for access to any properties. Utility easements would be required over the entire 12 feet because the alley is used for utilities,which consist of overhead power lines. Weinberger stated there would be 12 feet between the center of the alley to the corner of the proposed garage addition, with Staff recommending a minimum of 10 feet for lots under one-half acre in the RR-1B zoning district. City Staff recommends approval of the variances to permit construction of a one stall attached garage with second level living space based on the hardship that the house was constructed in 1958,prior to the 50 foot setback for new construction being adopted. Meyer stated he has nothing further to add to Staff's report. Curt Quady, 21223 Brown Road South, inquired whether the alley would be vacated at this time. Quady stated he received information indicating that the alley would be vacated at tonight's meeting. • Weinberger stated vacation of the alley is not a part of this application. Weinberger stated Quady received a legal notice,and at that time the Applicant had been discussing the possibility of vacating the alley. The Applicant has not made a formal application for the vacation at this time. Quady stated based on the information he received,he had the impression that the vacation would occur at tonight's meeting,noting they have been waiting for two and a half hours for this application to be heard. Lindquist stated the Planning Commission will not be acting on the vacation at this time. Quady commented the City has not maintained this alley,with mature trees now existing in the right-of-way. Quady stated he has spoken with the City in the past regarding vacation of this alley as well as maintenance of the right-of-way,but has not met with any success. Lindquist recommended the property owners in this area get together and request a vacation of the alley if that is their desire. Quady stated in his view variances are either right or wrong and that in most instances a variance should not be granted. Quady stated vacation of the alley would eliminate the need for a variance in this case, and questioned why the vacation was not being pursued. Roger Day, 1205 Brown Road South, stated his residence is directly behind the proposed PAGE 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2629 Keith Nord, Continued) addition. Day stated he also had the understanding the alley would be vacated at tonight's meeting,noting he has spoken with City Staff about the vacation. Day indicated he would like to see the road vacated prior to any variances being granted. Quady commented in his view the approval of the variance is not right and the alley should be vacated,which would result in a variance not being needed for this project. Quady stated vacating the alley would be a simple solution to this problem and eliminate the need for a variance. Nygard stated the Planning Commission is merely a recommending body and that the City Council will make the final decision on this application. Kluth inquired whether the Applicant considered locating the garage behind the house. Meyer stated a number of large trees exist in that area,which would need to be cut down. Kluth commented the variance process is intended to handle unique situations. Kluth moved,Lindquist seconded,to recommend approval of Application#2629, Keith Nord, 1245 Lakeview Avenue, granting of variances to the front and side yard setbacks to permit construction of a one stall garage attached to the existing residence. VOTE: Ayes 5,Nays 0. Day inquired how a variance can be issued to someone who does not own the property. • Weinberger stated the variance is recorded against the property,with the Applicant having an interest in the property. Weinberger stated the actual property owner would sign the resolution granting the variances. Day reiterated his request to have the alley vacated. Lindquist noted this matter will appear before the City Council October 23`d. Lindquist requested City Staff notify the neighbors in attendance at tonight's meeting be given notice of the City Council meeting when this application will be heard. (#15) #2630 GREGG AND STEPHANIE LARSEN, 1380 REST POINT ROAD, VARIANCES,9:09 p.m.—9:42 p.m. Gregg and Stephanie Larsen,Applicants,were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are proposing two different things in their application. First they are seeking a conditional use permit to replace existing retaining walls. There are currently three retaining walls within the 0-75' setback. The Applicants are proposing to combine the upper two walls as one and keeping the lower,which is currently closer to the 411 PAGE 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 (#2630 Gregg and Stephanie Larsen,Continued) lake,which would make two walls rather than the three that currently exist. Retaining walls are considered hardcover;therefore, a variance is needed for hardcover in the 0-75' setback area. Bottenberg stated the second part of the application is to construct a brick patio on the lakeside of the existing residence replacing a wood deck that the Applicant removed. The patio will be approximately 12' by 30' and a smaller portion will be 3' by 10',for a total square footage of approximately 387 square feet. The deck removed was 135 square feet. The replacement and combination of the retaining walls will reduce the hardcover coverage in the 0-75' zone from 922 square feet or 12.2 percent to 882 square feet or 11.7 percent. The Applicants have no intent to remove the shed and ramp which account for 3.7 percent of the hardcover in the 0-75'total number. Bottenberg stated the lakeside patio of approximately 278 square feet will increase the hardcover coverage in the 75-250' from 5,811 square feet or 64.2 percent to 6,098 square feet or 67.4 percent. The Applicants have already reduced the hardcover coverage by removing landscape plastic under rock. However,according to the survey,there still is a considerable amount of landscape fabric in the 75-250' zone. That landscape fabric is approximately, 1,727 square feet. If that is removed, it would reduce the amount of hardcover from 5,811 square feet to 4,371 square feet or get it down to 48.32 percent. Bottenberg stated the 1980 City of Orono Community Management Plan contains a number of • general land use and environmental protection goals and policies with which the proposed land alteration would be consistent. Without the retaining walls in the 0-75' zone, erosion would be a problem. The City Engineer has reviewed the proposed retaining wall layout from an engineering standpoint and recommends new retaining walls be constructed on the site between the home and the lake. It is his opinion that the existing retaining walls should be replaced. Staff recommends the retaining walls be reduced and vegetation and screening requirements should be addressed by the Planning Commission. The second portion of this pertaining to the patio, Staff recommends approval of a variance to build a patio of no greater than the deck that was previously there that was removed of 135 square feet. Lindquist inquired whether the Applicant had anything to add. Larsen inquired whether the eaves have been included in the hardcover calculations. Larsen commented the patio is actually 10' by 30'. Lindquist stated the Planning Commission needs to use the hardcover calculations shown on the survey. Gaffron stated typically eaves are not included in the hardcover calculations and are not indicated on this survey. S PAGE 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 (#2630 Gregg and Stephanie Larsen,Continued) Stoddard inquired whether the Applicant was okay with the recommendations given by the City Engineer. Larsen stated he was. Larsen indicated they would be utilizing oblong boulders as opposed to round boulders. Larsen noted they have removed a lot of hardcover already, such as a stairway,and inquired whether he could get credit for that. Lindquist stated the Planning Commission needs to go off the hardcover numbers that are on the Applicant's survey. Larsen presented some pictures of the items that he has removed. Larsen indicated the survey was completed following removal of some hardcover items. Lindquist noted the landscape fabric and plastic is normally not allowed and would need to be removed. Lindquist stated that normally is not included in the hardcover numbers. Gaffron commented that normally landscape plastic is not taken into account when it comes to trading off hardcover and is not allowed under City Code. Stoddard inquired whether the hardcover exceeded the 5,800 square feet. Larsen stated that the hardcover would exceed the 5,800 square feet if those other items were • included. Larsen indicated he has reduced the hardcover to 64 percent. Stoddard inquired what size deck the Applicant would be able to have if the hardcover remained at 64 percent. Larsen stated zero. Lindquist commented it appears he would be allowed to have 280 square feet of deck or patio. Larsen commented that he has a limited and shallow lot that restricts his options. Larsen stated he would be willing to reduce the size of his driveway but would prefer to remove the landscape fabric and receive credit for that. Larsen commented in his view in exchange for removing approximately 700 to 800 feet of plastic,he should be allowed to have a patio consisting of a couple hundred feet. Stoddard stated the Planning Commission is not able to do that, noting they would be setting a precedent if they traded landscape plastic for hardcover. Lindquist stated as a condition of approval he would like to see all the landscape plastic removed in both the 0-75' and 75-250' setbacks. Stoddard inquired whether the Applicant could reduce the size of his driveway without much problem. S PAGE 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#2630 Gregg and Stephanie Larsen,Continued) Larsen commented he would prefer to give up a few feet of patio rather than reduce his driveway. Larsen suggested that perhaps the patio could be reduced to 25 feet wide rather than 30 feet. Stoddard stated a 12' by 25'patio would be approximately 300 square feet. Kluth stated in the past the Planning Commission has required that the Applicants keep the same amount of hardcover that is existing and not to exceed that. Kluth indicated he would be willing to allow the Applicant to have the same amount of hardcover as what currently exists but no more. Larsen stated he would like to get credit for the 135 square foot deck that has already been removed. Larsen noted that deck is not depicted on the survey. Berg stated she would like to see the patio reduced to 135 square feet or the size of the deck that was removed. Larsen indicated that the 135 square feet shown on the survey is actually a covered porch that will be converted into a three season porch. Lindquist stated there appears to be total existing hardcover in the amount of 5,811 square feet. Lindquist commented that there is some confusion because the Planning Commission does not know what hardcover currently exists on the property. Kluth noted the 135 square feet for the deck that was removed is not included in the hardcover calculations. Berg stated that would make the 5,811 number incorrect. Nygard stated an additional 135 square feet would need to be added to that amount. Larsen commented he also has removed some railroad ties and a dog run down to the lake. Lindquist stated he would be willing to allow the Applicant 5,946 square feet of hardcover, and it is up to the Applicant to determine what items will constitute that hardcover. Berg stated the Applicant will need to show on his survey the size and layout of the proposed patio. Kluth suggested that perhaps City Staff could work with the Applicant on this matter. Bottenberg commented that the 5,811 square feet includes 1,727 square feet of landscape plastic,which would leave 4,371 square feet of hardcover if the plastic were removed. Nygard stated you would need to add 135 square feet for the deck that has been removed, • PAGE 25 MINUTES OF THE. ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 4110 (#2630 Gregg and Stephanie Larsen, Continued) which would result in 4,506 square feet of total hardcover. Bottenberg indicated that would be 49.8 percent. Lindquist expressed doubts that this application can be forwarded on to the City Council due to the confusion in the hardcover calculations. Nygard inquired whether the portion of the application dealing with the retaining walls could be approved. Larsen stated he would like to move ahead with the whole application. Weinberger stated if the plastic is removed from the hardcover calculations,the hardcover on the property is 4,371,which does not include the 135 square feet for the deck that has already been removed. The final hardcover number would be 4,506 square feet,which would include equal replacement of a deck or patio of 135 square feet. Lindquist stated he would be comfortable with the 4,506 figure,which will enable the Applicant to build a patio,provided all the landscape plastic is removed. Stoddard inquired what size deck the Applicant would be able to have. • Berg stated 135 square feet. Lindquist indicated the Applicant will not be able to exceed 4,506 square feet of hardcover. Larsen stated that would just be in the 75-250' setback. Lindquist stated right. Kluth commented he would be comfortable with that figure. Larsen inquired whether he would be able to receive credit for the stairway that was removed. Berg stated the Planning Commission is not going to go back and try to determine what existed prior to the survey. Berg stated they are willing to allow 4,506 square feet and that's it. Lindquist moved, Stoddard seconded,to recommend approval of Application#2630, Gregg and Stephanie Larsen, 1380 Rest Point Road,granting of a variance for land alteration within 75' of the shoreline; a hardcover variance within 75' of the shoreline not to exceed 4,506 square feet in the 75-250' setback; and to approve a hardcover variance in the 0-75' setback not to exceed 882 square feet,with the understanding all landscape plastic and fabric will be removed in both the 0-75' and 75-250' setbacks; and granting of a conditional use permit for land alteration in the 0-75' setback,subject to the six recommendations outlined in the October 9,2000 City Engineer's Letter,and • PAGE 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16, 2000 further subject to the submittal,review,and approval of a landscape plan by City Staff • for screening of the retaining walls. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS (#18) PLANNING COMMISSION APPROVAL OF MINUTES FOR SEPTEMBER 18, 2000 Nygard moved,Kluth seconded,to table the minutes of the September 18,2000 Planning Commission meeting. VOTE: Ayes 5,Nays 0. (#16) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS SEPTEMBER 25,2000 AND OCTOBER 9,2000 Berg stated she attended the October 9, 2000 City Council meeting, with the Brenshell Homes Resolution having been approved. Weinberger stated that matter did appear before the Technical Evaluation Panel on the Brenshell site today,and they determined there were no wetlands on the property. (#17) OTHER ISSUES FOR DISCUSSION Gaffron distributed information regarding the proposed senior housing project. • (#19) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON OCTOBER 23,2000 AND NOVEMBER 13,2000 October 23 —Nygard November 13 —Kluth ADJOURNMENT Kluth moved,Lindquist seconded,to adjourn the meeting at 9:55 p.m. There being no further business to discuss,the meeting was adjourned at 9:55 p.m. hzabeth Hawn, Chair • PAGE 27