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HomeMy WebLinkAbout08-17-1992 Planning Commission Minutesplan ^ina Commission 41 PUBLIC ATTENDANCE CITY OF ORONO Council MEETING DATE .. "% PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) Ki d Pi i b, le It 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 ROLL The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley, Maureen Bellows, Charles Schroeder and Stephen Peterson. The following were absent: Ed Cohen, Candace Rowlette, and Jeff Johnson. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, and City Recorder Teri Naab. Chair Kelley called the meeting to order at 7:00 p.m. ( #1) #1759 P. PROFT /R. WELLS, 60/70 MYRTLEWOOD ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Robert Mitchell was present to represent the applicants. Mabusth explained that this is a lot line rearrangement for properties located in the RR -1B zoning district. The Profts' property consists of 4.8 acres and the Wells' property consists of 1.6 acres. At the time the subdivision is completed, the Wells' property would contain approximately 1.3 acres. She noted that a portion of the property to be attached to Profts' parcel consists 40 of wetlands. She added that both Steve Schirmers and Steve Weckman confirmed that the area considered for acquisition by the Profts is not suitable for septic development to serve future needs of the Wells' property. She stated the current and future owners of the Wells' property should be alerted of the septic limitations of the property. She added there is no land adjacent to the Wells' property that they could acquire for septic purposes. Chair Kelley asked if variance approval is also needed. Mabusth explained that the Wells' property is a substandard lot and the request further decreases the area of the lot. Chair Kelley asked the applicants' hardships. Mitchell stated that if the triangular parcel is not acquired by the Profts, it may affect the driveway turnaround on their property and their views to the southwest. He added that the parcel in question is of no benefit to the Wells. He said there is no diminution of the Wells' property, but the benefit to the Profts is enormous. He stated the hardship is created because of the unusual shape of the lot and the location of the wetlands. Bellows asked if the Profts have a driveway easement over the Wells 6 property. 1 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 ZONING FILE #1759 - CONT. Mitchell noted the Wells have agreed to deed a 6' wide driveway easement to the Profts after completion of this subdivision process. Schroeder asked what will happen if the Wells' septic system fails. Mitchell reported that Schirmers has determined that there is enough room on the Wells' property to fix their present system. He added the Wells' septic situation is not markedabIy different than others on Myrtlewood Road. It was moved by Schroeder, seconded by Peterson, to recommend approval of Application #1759 for P. Proft /R. Wells, 60/70 Myrtlewood Road, for preliminary subdivision, including a variance for 70 Myrtlewood Road to reduce a substandard lot area. Ayes 3, nays 1. Bellows voted nay. ( #2) #1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - AFTER- THE -FACT VARIANCES - CONTINUATION OF PUBLIC HEARING The applicant requested that this issue be tabled until the next Planning Commission meeting. ( #3) #1748 ROBERT & RITA HOVLAND, 1245 NORTH ARM DRIVE - VARIANCES - REFERRED BACK TO PLANNING COMMISSION FOR FURTHER REVIEW Rita Hovland was present. Mabusth explained that the applicants have revised their proposal to a 900 s.f. garage, which will still require a 15' setback from the side lot line. The garage is proposed at 25'x36'. She noted with the revised proposal, a lot coverage variance is not necessary. She advised the applicants prefer Option A, which would require a side setback variance to only one side. She stated this lot is a through lot and would need conditional use approval for any accessory structure. Peterson noted at the last review the applicants were asked to reduce the structure into a smaller envelope which has been done. He stated it was also suggested that the gravel parking area off North Arm Drive be abandoned. 41 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 ZONING FILE #1748 - CONT. Hovland stated they intend to plant vegetation on one side and allow one parking space to remain as a convenience to guests. She also noted the property does not have a hardcover problem and questioned the need to remove the parking area. Chair Kelley felt that since the building is so large, it should conform to all standards. Hovland explained that they have two antique cars which they have inherited from her father -in -law and that they need to store them inside to preserve them. They also have a boat that they wish to store inside. She added that if the garage were moved further back on the lot, it would destroy several mature trees not to mention the magnitude of the excavation needed because of steeper topography. Bellows stated she agreed with Chair Kelley and felt the building should conform to all standards. Hovland explained that their contractor has proposed a 25' wide garage to allow for some support structure on either side of the garage doors. Peterson stated he was concerned about eliminating the gravel drive because of safety reasons. He asked if the Hovlands lived at the residence. Hovland said the house is currently vacant but her step son would be living there soon. Schroeder suggested storing the cars off site. Hovland felt the vehicles would be more secure on their own property. It was moved by Bellows, seconded by Chair Kelley, to recommend denial of Application #1748 for Robert and Rita Hovland, 1245 North Arm Drive, because the applicants have not proved sufficient hardships for the request, the vehicles could be housed in a smaller space, and there should not be exceptions to the ordinance for oversized accessory structures. Ayes 3, nays 1. Peterson voted nay. i 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 ( #4) #1750 CHARLES & SHIRLEY PYLE, 3548 IVY PLACE - VARIANCES - CONTINUATION OF PUBLIC HEARING - 7:20 - 7:36 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Pyle and Daryl Hanson were present for this application. Mabusth explained that the applicants were asked to reduce the roof structure at the last Planning Commission review. The applicants now propose a roof structure of 376 s.f. A lot coverage variance is still required for the proposal. She added 172 s.f. of existing hardcover along the northwest side of the house has been proposed for removal. The result is a total reduction of 20% hardcover, from 72% in the 75 -250' setback area to approximately 52 %. Lot coverage is proposed at approximately 21 %. Mr. Pyle felt that the garage located closer to the house would add to the aesthetic value of surrounding properties. He added the hardcover along the northwest side of the house has already been removed. He requested that if the plan is approved, the existing garage be allowed to remain until the new garage is built. Chair Kelley stated that is typically allowed. Mr. Pyle noted there are two oaks trees that would need to be removed and replaced, but added because of other existing trees on the property, they may have to look at other options. Schroeder clarified the hardcover removed is non - structural hardcover. Chair Kelley stated he has a problem with the excessive lot coverage. Hanson advised that the existing residence is a two bedroom home, with a two car garage, and already exceeds the lot coverage standards. He indicated the roof structure was proposed to unify the two structures. He added the roofed area will serve as an outside covered patio area. Chair Kelley explained that the lot coverage ordinance is relatively new, but it provides that lots do not get over -built on. He added the ordinance is aimed at smaller lots, in order to protect the visual impact of the property. i 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 s ZONING FILE #1750 - CONT. Bellows noted she does not favor applications that take a substandard circumstance and make it worse. Mrs. Pyle felt they were improving the property. Bellows said their proposal intensifies the use of the property. Mrs. Pyle said the neighbor to the north is in favor of the request. Hanson stated he was under the impression that if they changed the proposal as the Planning Commission requested at their last meeting, the request would be approved. Chair Kelley asked what type of addition is proposed for the existing house. He noted allowable lot coverage is 15 %, and asked the applicants to demonstrate hardship. Hanson reiterated that the property is filled to allowable lot coverage with the existing two bedroom home. Mrs. Pyle stated the addition to the house is a family room and a foyer. It was moved by Chair Kelley, seconded by Bellows, to recommend approval of Application #1750 for Charles and Shirley Pyle of 3548 Ivy Place, to allow a lot coverage variance for an addition to the existing residence and a detached garage, and approval to remove mature trees on the property, subject to removal of hardcover identified, and lot coverage is not to exceed 18 %. Ayes 4, nays 0. ( #5) #1757 ALBERT D. HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 7:45 - 7:51 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Albert D. Hanser, Jack Taylor and Merridth Howell were present for this application. 5 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 ZONING FILE #1757 - CONT. Hanser explained it has been determined, because of recently adopted shoreland regulations, that the septic system for the guest house does not conform to current standards. He noted the system works and is cleaned out twice a year. He submitted a letter from Ed Sullivan verifying this and attesting to the functioning system. He requested that he be allowed to maintain the system as he has in the past, and if in the future it is deemed that the system needs to be repaired or replaced, he be allowed to do so at that time. Mabusth stated that staff has found an error in the interpretation of the septic code. The system was classified as a non - conforming system as it appears to be located within the required lakeshore setback and the owner is given one year to replace the system. She added there is adequate area on the property for both a new and alternate system. Bellows stated she has no problem with the request as long as the property remains under current ownership, but it should be required to be upgraded if there is a new owner of the property. Taylor suggested executing a restrictive covenant requiring the owner to do so. Bellows felt they may be setting a precedent for future applications. Mabusth felt the issue involves technical sections of the code administered by the On -site Septic Manager and if an administrative variance is to be considered, Weckman must make final recommendation. Schroeder clarified that the system is only non - conforming by virtue of a change in law. He felt this property does not pose a problem as there is an alternate site on the property, but expressed his concern about future requests. It was moved by Peterson, seconded by Bellows, to recommend approval for Application #1757 for Albert D. Hanser, 1685 Fox Street, for a conditional use permit for the guest house use, with the condition that a conforming septic system be installed within one year from the date of approval. Ayes 4, nays 0. i 6 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 to ( #6) #1758 JAMES LAWRENCE, 1550 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - PUBLIC HEARING 8:03 - 8:04 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Lawrence was present for this application. It was moved by Bellows, seconded by Peterson, to recommend approval of Application #1758 for James Lawrence of 1550 Sixth Avenue North, for a conditional use permit to allow the continued use of the guest house. Ayes 4, nays 0. ( #6) #1760 ERIC NIELSEN, 2140 PROSPECT AVENUE - VARIANCES - PUBLIC HEARING 8:15 - 8:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. John Drucker was present for this application. Mabusth explained that the property is typical of the developed sites in the neighborhood. The former residence was removed through the hazardous building procedure. The property has been assessed one sewer unit and the SAC charge has already been paid. She indicated that because of a jut in the rear property line, a 50' setback is required instead of a 10' setback. Staff has suggested that the deck be moved to the west to allow a greater setback in this area, and the applicant has submitted a revised proposal moving the deck and allowing for an 18' setback. Drucker reiterated the difficulty in building on this shape of lot. He noted a long, narrow house could have been built on the property, but the garage would have been the front of the house. Mabusth stated Parcel 15 is owned by a property owner across the street, and there is a small shed on the property. Bellows asked the difference between the proposed house and the former residence. Mabusth stated the former residence was smaller and did not meet any of the required setbacks. Chair Kelley asked how this application compared to variance request in the same neighborhood. 7 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 i ZONING FILE #1760 - CONT. Mabusth stated the other property was slightly larger and has also been involved in a hazardous building action. She noted this request does not require lot coverage variance approval. It was moved by Chair Kelley, seconded by Peterson, to recommend approval of Application #1760 for Eric Nielsen, 2140 Prospect Avenue, for variances to construct a new residence, subject to conditions noted by staff. Ayes 4, nays 0. ( #8) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. ( #9) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE There was no report. ( #10) OTHER ISSUES Scott Larson, Scott Larson Homes, explained he is a builder and currently constructing a parade of homes model in Sugarwoods. He requested special consideration for the driveway. He explained that the delay for this request was due to so much happening, and it was overlooked. He said the original site plan showed the requested driveway configuration, but was approved with a driveway straight into the home. He indicated a view of the garage would be lessened if the driveway is approved as proposed, and noted the 6' grade change at the road which will create drainage problems if the drive is built straight in to the property. Bellows reiterated that he was told from the beginning that the driveway configuration was not approved. She stated the builder has known for a long time about the parade of homes and the requirements of the City. Larson noted the home was designed for the grade on the lot, and they just overlooked the importance of the driveway requirements. He stated the proposed driveway site is the best location. Schroeder felt that the proposed drive is no doubt the preferred location. Bellows felt that unless they start to deny these late special driveway requests, builders will continue to over look the importance of this issue to the City. 0 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 17, 1992 to OTHER BUSINESS - CONT. It was moved by Bellows, seconded by Peterson, to recommend denial of the special driveway request for Scott Larson Homes, for 2112 Sugarwoods Drive. Ayes 3, nays 1. Schroeder voted nay. Chair Kelley advised the applicant that the request will be considered by the Council. ( #11) APPROVAL OF MINUTES It was moved by Peterson, seconded by Bellows, to approve the minutes of the July 20, 1992 Planning Commission meeting. Ayes 4, nays 0. ( #12) REPRESENTATIVE TO THE COUNCIL MEETING Chair Kelley volunteered to attend the September 14, 1992 meeting. ADJOURNMENT Chair Kelley adjourned the regular P I anrti i ng /Comm i s�- i o 8:30 p.m. b-Ka rIie KqA I y, Chi 9 eeting at r Person