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HomeMy WebLinkAbout08-19-1991 Planning Commission MinutesPlanning Commission j 1J CITY OF ORONO PUBLIC ATTENDANCE Council MEETING DATE /P PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) f 2 D � l/1 r�, l.� �Z i 't N1 & � ' 3 3. 1 5. �, �✓� /` 6. •7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 0. MINUTES Or THE ORONO PLANNING COMMISSION MEETING – AUGUST 19, 1991 OTTENDANCE The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, -Ed Cohen, Jeff Johnson, Sara Moos and Charles Schroeder. Candace Rowlette was absent. The following represented City staff: Jeanne Mabusth, Building & Zoning Administrator; Michael Gaffron, Assistant Planning & Zoning Administrator; and Teri Naab, City Recorder. Council Representative Ed Callahan was also present. Gabriel Jabbour of the City Council was present. 7:00 P.M. ( #1) ZONING FILE #1668 CITY OF ORONO 700 OLD CRYSTAL BAY RD N PRELIMINARY SUBDIVISION – PUBLIC HEARING 7:00 —7:11 7:11 P. M. The Affidavit of Publication and Certificate of Mailing was noted. Mabusth explained that this is a 2 –lot plat of Lot 1, Willow Properties Addition and is located in the northeast quadrant of Old Crystal Bay Road North and Highway 12. A previous subdivision created a 60' wide roadway providing a future connection to Willow Drive. The northern lot is the proposed site for the City facilities. The southern lot will not qualify or a PUD as it does not have 5 acres. Drainage in this area is a major concern. All access to these properties will be provided off Outlot A, with perhaps one additional curb cut a minimum of 150' north of the road outlot intersection,. There were no public comments on this application. Mabusth indicated that the designated wetlands on the site is at approximately the elevation of 1018. The dry buildable acreage is ii-8; total lot area is 14.1 acres of which 2.28 acres of it is wet. Bellows questioned the issue of ownership as it relates to the subdivision. Mabusth noted the application has been signed by the owner. Callahan indicated that this issue has been taken care of. Bellows questioned the topic of retention on the site and indicated that it has not been addressed by the Design Committee to date. She wanted to know how serious the drainage problem is as this may place restrictions on the building envelope. is 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ZONING FILE #1668 — CONT. Mabusth noted that the Directors of the Watershed District • suggested in a preliminary report that filling will need to be done; at least 1 -2' above the 1018 elevation. They have also stated that elevations below the 1018 elevation should not be filled. If there is excavating within the 1018 elevation, a conditional use permit variance application would have to be filed. The drainage from the school can be addressed with. grading. The question for the City is how restricted the building envelope will be with this filling. Kelley noted that from the beginning it was his understanding that variances would not be approved for this site. Mabusth indicated that may be the one type of variance that would be approved. Johnson asked if the outlot is a public right —of —way. Mabusth indicated that this is correct and there will be a temporary cul —de —sac at the end of the outlot. She noted that the City will ask for an easement over the area not included in the 60' outlot. She explained that the outlot is where the hydrants, sewer and water will be placed. Schroeder asked if the northern 10' of the outlot is to be used as bike trail. Mabusth concurred and explained that it will extend to the • Otten and Rebers property. It was moved by Bellows, seconded by Cohen, to recommend approval of the Class III preliminary subdivision application for the City of Orono for property located at 700 Old Crystal Bay Road North. Ayes 6, nays 0. ( #2) ZONING FILE #1676 CITY OF ORONO 700 OLD CRYSTAL BAY ROAD NORTH CONDITIONAL USE PERMIT PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing was noted. Mabusth noted that the City Engineer was to conduct this review as the technical expert on this application. She noted that members of the public are present to review location and design information on the water tower but that she could not respond to technical issues or questions. Kelley asked why the proposed water tower location had changed from the well site, near the Otten property. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ZONING FILE #157d _ CONTI Mabusth explained that the City owns this property, and that • the well on the Otten property and the outlot owned by the City could not hold the water tower. Chair Kelley noted that at 8:12 p.m. the City Engineer still had not arrived. It was moved by Kelley, seconded by Moos, to table application #1576 City of Orono for property at 700 Old Crystal Bay Road North until a later date when the City Engineer can be present. Bellows reminded Kelley that there were members of the public who were there for the hearing and should be allowed to be heard. Chair Kelley withdrew the motion. Peg Swanson and Neal Lawson from the Orono School District were present and wanted to know exactly where the tower was to be located, the safety aspects of the tower, and any other information available. Mabusth explained that it is proposed at the extreme northeast corner of the City property, 50' from the lot line, 140' high, and in a heavily treed area. Access is to be through a roadway installed by City along the east side of the property. Kelley not ed there i� access via the bike trail to the ,. south. Mabusth explained it would not be easily accessible and the area would have to be fenced. She showed two designs being considered. Yves Rcux of 2765 Fox Street asked what was the basis for the design preferences? Mabusth said Cook would have to respond to that question. Bellows pointed out the cellular antenna proposal, and suggested that be considered when picking the design. Kelley noted that he is still in favor of the well location site. Dave Gerhardson of the Orono Community Church wanted clarification of access from the church to the tower. He noted the surveying being done on the property. It was moved by Chair Kelley, seconded by Moos, to table •application #1675 City of Orono for property at 700 Old Crystal Bay Road North until such time that the City Engineer can be present. Ayes 6, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ZONING FILE #1576 — CONT. Chair Kelley suggested that the neighboring property owners should be renotified of the continuation of the public hearing. ( #5) ZONING FILE #1608 JAMES R. HARTZELL 2987 CASCO POINT ROAD VARIANCE — CONTINUATION OF PUBLIC HEARING 7:16 — 7:25 P.M. James R. Hartzell was present for this application. Gaffron explained that this is -a request for variances to lot coverage, average setback and to hardcover. The property owner owns three contiguous parcels: the house in question, lot and house next door, and lot with tennis court on the other adjacent side. The hardcover calculations have been done just for the property with the proposed improvements. Existing hardcover in the 75 -250' zone is 23.8%; proposed is 35.9%. The proposed improvements extends 25' past the average lakeshore setback line. Existing lot coverage is 8.3 %; proposed is 15.7 %; Chair Kelley questioned what the - applicant's hardships are. Applicant's Designer was present and explained the main hardship is hardcover calculations. He explained the size of the pool and patio have been kept to a minimum and felt that the visual impact was also kept to a minimum. He explained the total run —off for all lots was at a minimum. He noted that the neighbor to the left has no objection and there is vegetation on both sides to cover. Bellows asked what the percentage of lot coverage was for the lot with the tennis court. She also asked how the lot was allowed to be separated with no principal residence. Gaffron explained the tennis court was there before the subdivision and obviously there was a variance granted. The lot was over the 25% hardcover limit. There were no public comments regarding this application. Cohen explained he has no problem with the average setback variance but felt other variances were a very serious problem. Moos and Schroeder concurred with Cohen. Johnson agreed with Cohen and stated he disagreed with applicant as this is not a minimal impact on property as it is not a minimal sized pool or patio. Applicant's designer explained they would be willing to compromise on the patio size and perhaps remove some driveway hardcover. It was moved by Cohen, seconded by Moos, to table Application #1608, James R. Hartzell of 2987 Casco Point Road, to allow the applicant to revise his plans. Ayes 6, nays 0. N • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 (##6) ZONING APPLICATION #p1653 MARK JOHNSON •4465 BAYSIDE ROAD PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 7:28 — 7:37 P.M. Mark Johnson was present. - Mabusth explained this was continued because of two issues: use of the residence as a duplex and a failing septic system. Applicant has now provided additional septic testing and will' make minor changes to the septic system and the City will monitor to see if the existing system can remain. If a new system is necessary, it would be installed to the northeast of the house. The rental area is no longer rented as confirmed by staff' inspection. There were no public comments. Bellows asked where the oversized structures were located as they did not show on the survey correctly. Johnson, owner, explained there is a well house or shed on the west and a lean —to structure covered roof supported by poles to the east, and the middle structure is the original barn. He explained the original barn is the only building salvageable. Mabusth noted that it does meet the 15' setback. Bellow asked about access to the site and about the septic sites on Lot 1. Mabusth explained access couldn't encroach the drainfield areas. Mark Jchnson explained that the corner of the lot is bermed and access would have to be in conjunction with his current drive to property to the south. Johnson noted he has no plans to build on the proposed lot at this time. Chair Kelley explained that the proposed property would have no principal structure and only an accessory structure which would have to be addressed. Mr. Johnson felt that the structures in disrepair could be removed by this fall and the barn moved within one years time. Chair Kelley noted the new curb cut would have to be off the current easement /private drive to the east. It was moved by Chair Kelley, seconded by Johnson, to recommend approval of the preliminary subdivision for Mark Johnson for property located at 4465 Bayside Road subject to the Johnson conditions: 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ZONING FILE ##1653 — CONT. 1. Payment of a park fee based on 8`!0 of the current market • value of the property in an undeveloped state. This determination shall be made by the assessor. Payment of park fee shall be due upon the filing of the final plat. 2. Outlot A shall be designated as unbuildable and available for combination with adjacent residential properties properties on north side of County Road 84. 3. Oversized accessory structures shall either be removed or application for a principal residence on proposed Lot 1 shall be applied for within one year of date of final approval. 4. Access for proposed Lot 1 shall be from private drive to the east. 5. Future owner is placed on notice that the existing residence on proposed Lot 1 does not qualify for duplex use per Orono Municipal Code Section 10.28, Subdivision 3 (A). The finished habitable area in the lower level of the residence does not qualify for sleeping room /bedroom use. Ayes 6, nays 0. (##3) ZONING FILE ##1670 JAMES & PENELOPE GRABEK 3050 JAMESTOWN RD & 3105 SIXTH AVE N • SUBDIVISION FOR SEPTIC EASEMENT PUBLIC HEARING 7:37 — 7:40 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Penelope Grabek and Mr. & Mrs. Ben Young were present. Gaffron explained that this subdivision to create an easement is being requested because the toe of the mound system on the Grabek property encroaches across the Young lot line. The Grabek septic system has already been rebuilt once. Gaffron noted that this application should be tabled until both parties can come to an easement.agreement. Mrs. Young concurred. It was moved by Chair Kelley, seconded by Cohen, to table application ##1670 until a later date after the applicants have agreed to an easement. Ayes 6, nays 0. • E MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 (#7) ZONING FILE #1869 JOHN WALKER •1310 SPRUCE PLACE VARIANCES — PUBLIC HEARING 7.40 7:47 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Mr. Walker was present for his application review. Gaffron summarized that the applicant is requesting a hardcover variance. He noted that the applicant's builder had been talking to the building staff regarding the remodeling project, and then went ahead without the necessary building review and permit. The proposal includes a second story addition and addition to the existing deck. The corner of the existing deck is within the 0 -75' zone. Hardcover is as follows in the 75 -250' zone: existing 50.6%; allowed 25 %; proposed 32 %. Applicant is proposing to remove liners from rock beds. Hardcover in the 0 -75' is: existing 18.75°x; proposed 11.4% with removal of liners. Kelley noted that applicant is requesting non — structural hardcover be replaced with structural hardcover. Kelley asked if any of the reduction is structural hardcover. Gaffron noted that it is all non — structural. He noted also •that applicant has options to remove portions of the driveway and patio which would reduce hardcover to 27°x. Walker explained his hardships as the lot is an unusual shape, with no parallel lines. The property is a high bluff which crests towards the lake. He confirmed that prior to 1972, a previous landowner had installed retaining walls and later timber walls and landscape rock. He pointed out that his house is equiped with a roof water containing system, which goes directly into the ground into a sump. Walker amended Gaffron's summary by noting that the corner of the deck encroaching into the 0 -75' zone is to be removed. There were no comments from the public. Johnson felt that the brick walls are beautiful but felt that the banks may wash out if removed, and he noted that he would like to see an attempt made to reduce hardcover. Bellows agreed and questioned what staff meant by "illegal" hardcover in the 0 -75' zone. Mabusth deferred to Councilmember Jabbour. Jabbour explained -that Council currently has the opinion that landowners are trading non — conforming illegal hardcover for structural hardcover and they feel that all hardcover non - xisting prior to 1975 should be removed-within the 0 -75' zone efore further approvals of improvements. VA MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ZONING FILE #1669 — CONT.,__„ Callahan agreed and reiterated that Council is trying to for • stop what is currently going on with trading non — structural structural hardcover. Kelley questioned the applicant as to _when 'the 0 -75' hardcover was installed. Mabusth noted that permits are not required for walkways, landscape, etc. and if they were required, perhaps some of this illegal hardcover installation could be stopped. Gaffron explained the applicant's calculated possible reduction to 27% would required major removals of the drive and patio. Mabusth commented that she believed that the corner of the deck to be removed is classified as structural. Bellows felt that the applicant's builder must have had knowledge of the ordinances as he had discussions with staff. Walker accepted responsibility for the builder's error and pointed out that in 1972 the sidewalks were basically the same but a large portion of the drive had been added. He also noted that the undeveloped right —of —way is currently a ravine and his property takes advantage of the natural terrain of the public property. • Schroeder asked if there was any credence to the roof water containing system. Bellows noted that from her experience, downspouts underground do not work. w.alker.felt that the system does work. Johnson felt that the retaining walls must stay, but felt that the application should be tabled until an attempt is made at reduction of hardcover. Cohen felt that the 27% hardcover should be defined better in terms of what will stay and what will go. Kelley asked Johnson what he would be comfortable approving. Johnson felt that there were patio and driveway issues to deal with. Kelley noted that the hardcover percentages will - -change because of the "corner deck removal ". Bellows felt that the patio in the 0 -75' should be removed. • M MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ZONING FILE #1669 — CONT. It was moved by Chair Kelley, seconded by Bellows, to table • application 1#1669 for John Walker for property at 1310 Spruce Place to give the applicant opportunity to revise his proposal. Ayes 6, nays 0. Chair Kelley asked if it would be appropriate for the Stop Work Order to be released to allow applicant to finish second story. Bellows felt that this should not be done, and questioned whether withholding the Certificate of Occupancy would give adequate control Mabusth explained that a Certificate "of Occupancy has limitations and controls are through the variance procedure. ( #4) ZONING FILE #1675 NINA WILDMAN 560 SUSSEX CIRCLE & 3045 SUSSEX RD SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 8:10 — 8:11 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Nina Wildman was present. • Gaffron summarized that the applicant is requesting a lot line rearrangement to bring a portion of wetlands into the other property. This does not affect the building envelope and both lots still retain 2 acres dry buildable. There were no comments from the public. It was moved by Kelley, seconded by Johnson, to recommend approval of application #1675 for Nina Wildman for properties located at 560 Sussex Circle and 3045 Sussex Road. Ayes 6, nays 0. (#S) ZONING FILE #1671 BRUCE TURNER 3800 WAYZATA BOULEVARD WEST CONDITIONAL USE PERMIT — PUBLIC HEARING 8:21 — 8:45 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Bruce Turner was present for this application. Mabusth briefly reviewed that the applicant is proposing to use the location for a plumbing /electrical shop. The use is•.a oron—conforming commercial use. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGU.ST 19, 1991 ZONING FILE ##1671 — CONT,. Chair Kelley asked if the ncn— conforming use had ceased for one year. Mabusth felt that retail use had not ceased for one year as owner was selling grocery /vegetables in the parking lot. Chair Kelley felt that selling from the parking lot is a different type of use, and therefore the property reverts back to residential. Kelley felt that the Planning Commission should vote on this issue first. Bellows felt the application should be allowed to be reviewed. She noted the outcome of the Highway 12 study and felt that should have impact on this application. She felt there is a vast difference between corner grocery use and a plumbing /electrical showroom. She expressed that perhaps the property should revert back to residential use. Mabusth concurred that this property will have major impact from the upgrading of Highway 12 corridor or if it goes down County Road 6. Cohen felt that this property is unlikely for residential use. Johnson concurred. Cohen asked if the applicant was applying for a variance. Mabusth explained the applicant is applying for a conditional use permit for a non — conforming use and a variance for changing one non — conforming use to another, and per Kelley's interpretation, a variance as the intended use has ceased for - over one year. She noted that at one time portions of the building were used as residential. Kelley pointed out that through the years and many applications, the City has essentially wiped out the residential use of the property. Schroeder felt that this property is unlikely for residential use, but felt that this may not be the correct use either. Callahan questioned if the property were reverted to residential, would the building be suitable? It was moved by Kelley, to recommend denial of the request by applicant for a conditional use permit for.. non — conforming commercial use for property located at 3800 Wayzata Boulevard West. Motion failed. Bellows felt that a recommendation of denial would set a negative precedent for any future businesses. 10 • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 Z,) dJTNa FILE #1571 L ZONING FILE #1871 6ONT, Cohen surmised that if the application were to be approved, the property effectively will always remain commercial. There were no comments from the public. Turner explained that their main business was located in Maple Plain and would remain there, but it was very noisy.in that location and hard to conduct business. Turner noted that there would be no outside storage, no vehicles, and this would not be a main client center. Yves Roux of 2765 Fox Street asked what the responsibility of the City was to require maintenance of the property. Cohen noted it is the City's responsibility to ensure maintenance of private property. Kelley pointed out the Highway 12 study realized that Orono did not want to compete with neighboring communities -for business interests. Mabusth explained that the study also reaffirmed that property to the west of Old Crystal Bay Road was to remain RR -1B as sewer and water would not be extended to these properties. Tim Otten, joint owner of the property, *immediately to the east has been sold. It was moved by Kelley, seconded by Cohen, to recommend denial of application #1671, Bruce Turner for property located at 3800 Wayzata Boulevard West, for a conditional use permit and variance for non — conforming commercial use of property. Ayes 3, nays 3. noted the property Bellows noted that a recommendation to Council could be made on appropriate action on how to deal with the building. She felt that perhaps it should be treated as an accessory structure without a principal residence. Turner felt that the property was purchased by the owner at a rather large sum under the assumption that the conditional use was still in effect. Kelley noted that decisions are not made on dollars cents of landowners /investors. He noted to Turner that application would be sent on to Council with a split vote. • 11 and the MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ( #9) ZONING FILE #1672 KONRAD & KAY MARINE 235 HOLLANDER ROAD VARIANCES — PUBLIC HEARING • 8:45 — 8:55 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Kay Marine was present. Mabusth explained their proposal was an addition of a sport court at 25'x70', 5' from the lot line within the west side yard. She noted the neighbor most affected is very agreeable to this improvement. The septic system is located to the east. Cohen asked the appl court the other way. Marine disclosed that way it matches the fences turning- the court it would portions of their garden. icant if it was possible to turn the the court could be turned, but this in the neighborhood. She felt by destroy the look of the property and Cohen felt it should be moved to comply with the setbacks. Johnson concurred with Cohen and noted the idea behind 2 acre zoning is the open space areas between properties. It was moved by Bellows, seconded by Cohen, to recommend • denial of application ##1672, Konrad and Kay Marine, 235 Hollander Road, for variances to construct a sport court based on insufficient hardship. Kelley pointed out that the applicant could withdraw the application and request a refund. Bellows withdrew the motion. It was moved by Bellows, seconded by Cohen, to recommend tabling application ##1672 for Konrad and Kay Marine for property located at 235 Hollander Road. Ayes 6, nays 0. Cohen suggested that perhaps Council consider doing the same thing for Mr. Turner. • 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ( #10� ZON R@ HLE #1 @73 DANIEL J. KLUTH,. 2801 FOX STREET VARIANCE — PUBLIC HEARING 8.55 — 8:57 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Daniel J. Kluth was present for his application. He explained they want to build a detached garage to be located nearer the street than the front of the principal residence. He noted they wanted to preserve vegetation to the rear of the lot for privacy and save a mature black walnut tree. Kluth pointed out they have a finished basement with virtually no storage. There were no public comments. K-elley felt the applicant's hardships were acceptable. It was moved by Cohen, seconded by Kelley, to recommend approval of application #1673, - Daniel J. Kluth for property located at 2801 Fox Street, for a variance to construct a detached garage. Ayes 6, nays 0. ( #11) ZONING FILE #1674 THOMAS & ALICE STUCK 4365 NORTH SHORE DRIVE VARIANCES — PUBLIC HEARING • f 8:58 — 9:13 P.M. Publication and Certificate of Mailing was The Affidavit o noted. Thomas and Alice Stuck were both present. Gaffron summarized the application as a request for side setback, hardcover and lot coverage variances to construct a two — story addition and decks. He explained there is no hardcover located in both the 0 -75' and 75 -250' zones and therefore the applicants receive a credit of 1,422 s.f., therefore allowing 3,908 s.f. in the 250 -500' zone. They are proposing a total of 68.4% (5;668 s.f.), an increase from 66.2% (5,485 s.f.) in the 250 -500'. The existing house is 6' from the lot line and -- -applicants wish to extend along the existing line of the house. The proposed lot coverage is proposed at 15.5 %. There were no public comments. Kelley asked applicants if they could possibly purchase property from the adjacent landowners. He noted that the garage is over the property line as well. Mrs. Stuck stated that she did ask the neighbor at one time nd he wasn't ready to sell at that point. She also noted the inancial difficulty in doing so. 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ZONING FILE- #1§74 — CONT. Bellows asked what the hardcover would be without the deck. • Gaffron noted it would be about 300 s.f. less. Cohen expressed great empathy_ but felt the ' variances requested were extensive. Kelley asked if the house could be downsiZed and the deck removed: Gaffron noted that landscaped areas may be able to be removed. Mr. Stuck point out the reason behind the landscaping was to avoid water in their basement. Cohen felt that the two story addition was within the limits without the deck. Kelley asked applicants if the turnaround near the existing deck was eliminated, would there be a problem manuvering vehicles? Mr. Stuck felt there was still adequate room. Gaffron noted that to stay at the existing hardcover percentages, they could still build the two story addition with a small deck in front. 0 It was moved by Cohen, seconded by Moos, to -partially approve application #1674 for Thomas and Alice Stuck at 4365 North Shore Drive, approving the side setback and lot coverage variances, but with the provisal that when construction is finished, hardcover remain at the existing percentages within the 250 -500' Zone. Ayes 6, nays 0. Bellows noted that the proposed second story deck would also be subject to the same conditions as the first story deck. (#12) ZONING FILE #1665 THOMAS MCCARTHY 1424 BALDUR PARK ROAD - VARIANCES — CONTINUATION OF PUBLIC HEARING 9:14 — 9:20 P.M. Thomas McCarthy and Michial Mularoni, applicant's consultant, were present for this review. • 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991. Zo )�Rf lg FILE #1665 — CONT. Mabusth explained that applicant has amended his application which now proposes a new detached garage to be located 4' from side lot line and 3' from the street lot line. The walkway is in a straight alignment to the house. There is now an access corridor to the principal structure for emergency purposes.__ The structure is proposed at 24'x23'4 ". Mabusth reviewed the structural intensity ordinance in which there is an exception that leaves the proposal 31.5 s.f. over the allowed. Mularoni advised that the excess could be eliminated. Kelley asked about the gazebo in the lakeshore. Mabusth explained the structure was there prior to the implementation of the 1975 code but has received regular maintenance. It was moved by Cohen, seconded by Bellows, to recommend approval of application #1665-for Thomas McCarthy of 1424 Baldur Park Road for approval of variances to construct a detached garage with the provisal that the excess of 31 s.f. be eliminated from the proposed garage. Ayes 6, nays 0. ( #14) LAKE USE COMMITTEE REPORT Gaffron advised that the meeting had been rescheduled to Thursday, August 22, 1991 at 6:30. Callahan suggested changing the time to 7:00 p.m. All agreed and Gaffron was to advise other members. ( #15) FACILITIES COMMITTEE REPORT Bellows acknowledged that the flyer had been mailed to residents. She felt that the schematic design would need to address the drainage concerns. She noted that the committee would continue with the design process with special respect to the internal workings of the City Hall and Police Department area. ( #17) APPROVAL OF MINUTES It was moved by Cohen, seconded by Bellows, to approve the Planning Commission minutes of the facilities recommendation meeting of May 6, 1991. Ayes 6, nays 0. ( #18) APPROVAL OF MINUTES Bellows requested Page 11, Paragraph 2 of the July 15, 1991 minutes be changed by deleting the statement by her that it is an inalienable right to have a 2 car garage. It was moved by Cohen, seconded by Bellows, to approve the inutes of the Planning Commission meeting of July 15, 1991 with lathe correction noted above. Ayes 6, nays 0. 15 MINUTES OF THE.ORONO PLANNING COMMISSION MEETING — AUGUST 19, 1991 ADJOURNMENT Kelley adjourned the August 19, 1991 meeting at 9:35 p.m. Charlie Kelley, Chair Person • 16