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HomeMy WebLinkAbout09-21-1992 Planning Commission MinutesCc-1-m. - iss -Jon CITY OF ORONO PUBLIC ATTENDANCE MEETING DATE Council PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2. 74 Z4� zv 4. 5. 11A- I r ilk 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. i S MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 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, Stephen Peterson, Ed Cohen, Candace Rowlette, and Jeff Johnson. The following represented the City Staff: Assistant Planning and Zoning Administrator Michael Gaffron and City Recorder Teri Naab. Mayor Peterson, Ed Callahan and Gabriel Jabbour were present to represent the Council. Chair Kelley called the meeting to order at 7:00 p.m. ( #1) #1762 PAUL W. BOYKE, 793 NORTH FERNDALE ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Paul Boyke was present. Gaffron explained that staff has not received septic testing for the lots and the applicant wishes to wait to submit such until after the meeting tonight. He referred to two additional letters received from neighbors, the Bergs and Higgins (Exhibit A). He explained the property is near Lydiard Lake. Previous subdivisions in the area have provided for land acquisition for a future cul- de -sac. Lot 1, with the existing house, has 2.12 acres of dry buildable land, and .25 acres wetland. Lot 2 has 2.57 acres dry and 1 . 36 acres wet I and. The un i que conf i gurat i on proposed i s due to the setback requirements, the need for 2 acres of dry buildable land, and the need for septic sites on the property. Lot 1 has 165' of lakeshore where 200' is required, therefore a variance is needed, and Lot 2 has 340' of lakeshore. Chair Kelley stated the subdivision is in a 2 acre zoning district and this proposal does not meet the standards of that district. He stated he is not in favor of the proposal. Peterson agreed with Chair Kelley and added the additional hardcover for the driveway will also be a factor. All the members agreed with Chair Kelley. Johnson asked to hear any public comments. Jim and Debbie Higgins, 259 Hollander Road, stated their opposition to the proposal, citing the preservation of wildlife in the area and privacy as reasons for their opposition. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1762 - CONT. Chair Kelley reminded them that Boyke has enough acreage, but it is the need for variances that he is opposing. Paul Bruer, 275 Hollander Road, said he is concerned with the proximity of the proposed residence to the lake. Jim and Judith Hunder, 265 Hollander Road, agreed with their neighbors' opposing remarks. Mrs. Hunder noted the issue of the need for variances and felt the subdivision did not make sense. Boyke explained he first proposed this subdivision prior to the new shore Iand regulations, but was made to wait due to the moratorium. He noted the "point" area of the property is unbuiI dab le due to current regulations. He is hoping to protect their views of the lake and also realize the full value of his property. He stated they do not have a desire for a dock or pier out onto the lake. He indicated he would be willing to divide off a second lot without making it a lakeshore lot. He added, their intent is not to change the wildlife of the area. Johnson asked about the strip of property near the cul -de -sac, the ownership of which is in question. Boyke explained that the City approved a metes and bounds division, but it was not recorded at the County correctly. He is in the process of trying to work that issue out. Chair Kelley felt that septic testing for the site may determine where the property boundaries should be placed. It was moved by Chair Kelley, seconded by Cohen, to table Application #1762 Paul W. Boyke, 793 North Ferndale Road, pending septic test information. Ayes 7, nays 0. ( #2) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:42 - 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Austin Evans was present. PA MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1764 - CONT. Gaffron explained that an outlot was established providing lakeshore access to the lots in this development. He noted staff recommends that only one of the two lots in this proposal gain access from the outlot to the lake. He reviewed the issue of flood fringe areas, and stated the Planning Commission needs to determine whether to treat this property as a flood fringe or wetland. Evans requested the application be tabled until he has discussed the ramifications with staff. It was moved by Cohen, seconded by Rowlette, to table Application #1764 Austin Evans, 255 Landmark Drive, to allow the applicant time to discuss the proposal with staff. Ayes 7, nays 0. John Thiesse, 3845 Bayside Road, stated he has no objection to the proposal, but asked that the deeded lake rights rema i n with the lot on the cul -de -sac. Rowlette asked that only one of the lots within the proposal be allowed lake access through the outlot. ( #3) #1621 TERRY & JONELL JOHNSON, 1045 LINDEN LANE - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:15 - 7:40 P.M. Mr. and Mrs. Johnson were present. Gaffron explained this current proposal is being referred to as Plan "D ". The application was first brought before the Planning Commission about 1 1/2 years ago. The plan includes a garage addition, a second story addition and deck, and a lakeside deck and covered porches. At the last Planning Commission meeting, the application was tabled to allow applicants time to revise their proposal in the 0 -75' setback area and to provide a drainage and grading plan, which has been submitted. Chair Kelley asked how far the residence will actually be taken down. Mr. Johnson explained the first floor of the residence will be elevated by 3 to 4 blocks, the roof will be removed and a second story will be added. He noted, they were informed by a contractor Sk prior to purchasing the house that it has 12" block around the perimeter of the foundation, adequate to support a second story addition. 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1621 - CONT. Gaffron noted the run -off will continue to go around the house and onto the neighboring property, much as it does now. He stated he would like the City Engineer's comments on this project, but felt it to be a sensible drainage plan. Gaffron noted Plan D shows all the first floor decks as originally proposed. Mrs. Johnson said the decks shown are existing now. Mr. Johnson added they did remove the upper story decks from the plan per the directives of the Planning Commission. Chair Kelley felt this property is a prime example why the City enforces hardcover ordinances. He noted the entire property slopes to the lake. He commented the neighbor to the north has a tuck - under garage in order to minimize hardcover. Mr. Johnson said at the last meeting they were at, one reason for not approving the request was the lack of hardship. He felt the tenor of the group had changed. Schroeder asked if there was room on the property to move the water around. Bellows noted all water still goes to the lake. Rowlette stated that is because of the topography of the lot. She felt they were improving the property. Johnson said he was in favor of the proposal as long as the footprint of the house did not encroach further into the 0 -75' setback area. He felt the City Engineer must look at the drainage plan proposed. Bellows felt the proposal was making the run -off situation worse. Mrs. Johnson asked Bellows if she felt they would not be able to improve the drainage situation on the property. Bellows stated by adding the driveway, there was no way of improving the situation. Mrs. Johnson explained their plans are to have a gravel or cobb I estone dr i ve to the front of the house where i t w i I I be paved. She noted they have actually reduced hardcover by removing the garage, and hardcover only increases slightly around the house. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1621 - CONT. Bellows said the numbers speak for themselves, and reminded her that the hardcover they are discussing is in different zones, thus impacting the lake differently. Mr. Johnson asked if run -off is less crucial when absorbed in one area opposed to another. Bellows stated by removing the garage, the applicants are helping the run -off situation somewhat, but are making the situation worse in the zone nearer the lake. Chair Kelley asked Gaffron at what point the City will stop the project if it is determined that the foundation cannot be re -used. Gaffron stated the City has felt it is critical to determine what will happen to the foundation, and halt work if the foundation is found to be inadequate. Chair Kelley asked if as long as the foundation remains, it is policy to allow the entire first floor to be removed. Gaffron explained at a point when staff is dealing with foundation issues, it will be brought back for Planning Commission's review in relation to the location of the structure. Chair Kelley commented that he wanted the applicants to be aware of the City's position. He added, if the foundation is found to be inadequate, the City may require that the entire structure be moved further back on the lot to meet all requirements of the code. Bellows added, there is a point when it is not feasible to salvage a portion of an existing house. Schroeder asked about further removals in the 0 -75' zone. Cohen stated they have already removed hardcover in that zone. Johnson re- emphasized that the impact on the lake is due to the drainage not the additional hardcover. He felt the City Engineer should suggest ways to alleviate the drainage problem. Mr. Johnson said they were willing to work with the City Engineer. Mrs. Johnson noted the house is not liveable in its present state, and wished to proceed with the process. ZONING FILE #1621 - CONT. 5 i i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 Schroeder felt it was an acceptable improvement. Chair Kelley asked the slope of the driveway. Gaffron reported it is a 14% grade. He added there is an issue of average setback, but since the adjacent lot is vacant, staff can only estimate where a future house would be placed on the lot. It was moved by Johnson, seconded by Schroeder, to recommend approval of Application #1621 for Terry and Jonell Johnson, 1045 Linden Lane, for hardcover and setback variances for major remodeling of residence, conditioned on the remodeling not further encroaching the 0 -75' zone, and prior to Council review, the City Engineer to review the drainage plan and suggest ways to alleviate the drainage concerns. He noted the hardship is the existing features of the property. Ayes 4, nays 3. Chair Kelley, Bellows and Cohen voted nay. Motion carried. Chair Kelley asked if it is the applicants' responsibility to provide the method for correcting issues of concern on the property. Gaffron said he will ask the City Engineer to review the plan for comments but the Engineer will not be making any formal changes to the plan. That will be the responsibility of the applicants. ( #4) #1755 LEONARD NISKA, 2304 SHADYWOOD ROAD - AFTER- THE -FACT CONDITIONAL USE PERMIT /VARIANCES - PUBLIC HEARING -7:50 - 8:08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Leonard Niska was present for this application. Gaffron stated the proposal requires setback variances, and the property has an excess of hardcover. The original garage to the rear of the property encroached the right -of -way, but that has been removed. The applicant was advised to get a survey, which he did. Sometime after it was discovered that the shed was placed in its present location. The shed is in line with the front of the house, which does not meet the required setback from the street. Chair Kelley stated the shed could not be placed in front of the house because that would create a sighting problem. L MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1755 - CONT. Row I et to said that it cannot be placed i n the rear of the house because that does not leave an area to park. Bellows reviewed the requirement for a 10' separation setback, but felt that was not an issue here because the property has access from both Shadywood Road and Olive Avenue. It was moved by Cohen, seconded by Bellows, to recommend approval of Application #1755 for Leonard Niska, 2304 Shadywood Road, for after - the -fact conditional use permit and variances for a shed, conditioned on if a garage is proposed, it would have to be an attached garage, and it or any other structure to be built on the property would require the removal of the shed, and the applicant paying the required penalty fees. Ayes 7, nays 0. ( #5) #1761 MARK A. HUNSLEY, 3464 EASTLAKE STREET - AFTER- THE -FACT VARIANCE - PUBLIC HEARING 8:08 - 8:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mark Hunsley was present for this application. Gaffron explained with the plat of Bayside Beach, an outlot was created to accommodate the gray water mound septic systems for the three adjacent lots. All three property owners technically own the outlot, but only one is listed as owner for tax purposes. The 12'x16' shed is used by all the neighbors for the storage of lawn equipment. The shed is set back 5.9' from the street and encroaches in the 10' drainage and utility easement. The Public Works Department has confirmed that this has not created a problem with the installation of sanitary sewer. There is a fence near the shed and a large w i l l ow tree around it so it is not v i s i b l e from the street. He explained that the code does not designate setbacks for outlots, but if it were to meet the setbacks of the 2 acre zoning district, it would need to meet a 50' setback which would place it in the middle of the outlot, thus becoming more obvious. Bellows asked how they address the issue of having an accessory structure without a principal structure. Gaffron stated they would need to approve a variance for the shed. lo He added the outlot is under control of the three adjacent property owners, which may set this request apart from other requests for accessory buildngs without principal buildings. 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1761 - CONT. Chair Kelley asked about the possibility of the other neighbors requesting to place a shed on the outlot. Bellows asked if it was possible to locate the shed on the applicants property. Hunsley stated the shed would create additional hardcover on his property and aesthetically would not be as pleasing. Bellows expressed concern about setting a negative precedent. Chair Kelley felt that if other neighbors come in with a request for a storage shed also, he would recommend only one shed in common ownership. It was moved by Bellows, seconded by Cohen, to recommend approval of Application #1761 for Mark A. Hunsley, 3464 Eastlake street, for an after - the -fact variance to place a shed on an adjacent outlot without a principal residence, with the condition that the applicant pay the penalty fees. Ayes 7, nays 0. Chair Kelley asked about moving the shed out of the drainage and utility easement. Bellows felt that was not necessary given the temporary nature of the structure. ( #6) #1763 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - AFTER- THE -FACT CONDITIONAL USE PERMIT - PUBLIC HEARING 8:14 - 8:17 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Rick Fredrickson and Mark Gronberg were present for this application. Gaffron explained that the application was submitted prior to commencement of work, but perhaps due to the fact that the app I i cant was unsure which city to gain approval from, the work was started without the necessary approvals. The project is proposed to make the driving range more safe. The City Engineer has 10 commented that the 2:511 slopes are steep, but the golf course maintenance personnel have assured staff that they currently maintain slopes that steep. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1763 - CONT. Gaffron noted the Engineer has requested that the applicant provide erosion control during construction, the utility lines be shown on the survey, and a silt fence be provided to protect the culvert. Gaff ron sa i d he wou I d I i ke to see the c i ty boundar i es staked on site and the applicant provide a survey showing the city boundaries. He felt weather is a key factor, and the project should not be delayed until the survey is provided. Fredrickson noted the silt fence has already been provided, and they plan to staple the sod in place. It was moved by Rowlette, seconded by Peterson, to recommend approval of Application #1763 for Woodhill County Club, 200 Woodhill Road, for after - the -fact conditional use permit for land alterations, subject to the applicant paying the penalty fee, and provide the City with a survey showing the city boundaries prior to the end of the year. Ayes 6, nays 0. Chair Kelley abstained. ( #6) #1765 JOHN E. MOORE, 801 TONKAWA ROAD - VARIANCES - PUBLIC HEARING 8:18 - 8:29 P.M. The Affidavit of Publication and Certificate of Mailing were noted. James Cradit was present for this application. Gaffron explained this is a request for hardcover and setback variances to construct additions to the existing residence. He asked Cradit if there was additional hardcover in the 0 -75' zone that could be removed. Cradit stated there is a sidewalk from the deck to the back door, but the area is very steep and this is the only means for outside access. The other hardcover in the zone is sidewalks to the lake. Chair Kelley noted those sidewalks are in a state of disrepair. Bellows cautioned that as sidewalks are repaired or replaced, they must not grow in size. Cradit noted this project is the minimum amount the owner wished to do to the property. Chair Kelley asked what was proposed for behind the garage. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1765 - CONT. Cradit explained there will be additional storage there, with a fam i I y room add i t i on over the garage. He added the k i tchen has been moved to the back of the house. Gaffron asked if there was a second kitchen in the house. Cradit confirmed there is not. It was moved by Peterson, seconded by Johnson, to recommend approval of Application #1765 for John E. Moore, 801 Tonkawa Road, for variances to construct additions to the existing residence, based on hardships stated by applicant. Ayes 6, nays 1. Cohen voted nay. Motion carried. ( #8) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. ( #9) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE Schroeder reported the Lake Use Committee is working on marina licensing. He added they are trying to make sense of the process and still be in concert with the LMCD. Chair Kelley stated at the next meeting they would review the parking issue for marinas. Schroeder stated other issues they have reviewed are boat clubs and charter boats. ( #10) OTHER ISSUES Gabriel Jabbour reported that the Maxwell Bay access is still going forward, and the DNR is expected to submit a plan to the City on September 28th. ( #11) APPROVAL OF MINUTES It was moved by Bellows, seconded by Rowlette, to approve the minutes of the August 17, 1992 Planning Commission meeting. Ayes 5, nays 0. Johnson and Cohen abstained. ( #12) REPRESENTATIVE TO THE COUNCIL MEETING Johnson volunteered to attend the October 12, 1992 meeting. 10 LJ i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ADJOURNMENT Chair Kelley adjourned the regular Flanniing Commissi`pnlmeeting at 8:37 p.m. 11 i fir: 1 IA iN � Charlie KeIltey, �hhik"Person