Loading...
HomeMy WebLinkAbout02/16/1993 Planning Commission MinutesPlanning Commission 1 CITY OF ORONO PUBLIC ATTENDANCE MEETING DATE Counc i 1 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) .? y e r L f 5.1(�/�i_/ K Li n.i�c 6. ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) n ,_ I 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ROLL The Orono Planning Commission met on the above date with the following members present: Acting Planning Commission Chair Maureen Bellows, Charles Schroeder, Candace Rowlette, Jeff Johnson and Ed Cohen. Cohen left the meeting at 9 :15 p.m. Stephen Peterson was absent. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, and Septic Manager Stephen Weckman. Council members Gabriel Jabbour and J. Diann Goetten were present. Chair Bellows called the meeting to order at 7:00 p.m. (#1) 01798 FRED & BARBARA RYAN, 1345 NORTH ARM DRIVE - VACATION - PUBLIC HEARING 7:00 - 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Ryan were present for the application. Mabusth reviewed an earlier application involving a petition to vacate portions of Forest Boulevard. The application was tabled until access to the G. Nelson property and easements to City sewer lines within a previously vacated road known as Oak Place are resolved. Mabusth indicated this issue will now be handled through the City Attorney. Staff recommends continuing the review of the Ryan's individual request to vacate, and will continue the review of the original 1988 petition to vacated excluding the Johnson and Nelson properties. Mr. Ryan stated they are in the process of selling their home and would like to clear up the issue prior to that. Richard Johnson, 1304 Elmwood, was present with general comments. Bellows suggested he return when the entire issue is to be reviewed and state his comments then. Schroeder asked for clarification of the issue. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1798 - CONT. Mabusth explained once the City vacated the area adjacent to Forest Lake Boulevard, the next step would be to vacate the remaining areas as the City had no interest in the property. Because of the unique ownership of properties in the area, individuals must work directly with the City to file the appropriate documents in the chain of title for their property. During the review of the first vacation application, Mr. Nelson provided a written letter questioning when the City would resolve the access problem resulting from an earlier vacation of Oak Place that landlocked his property. It was the Planning Commission's recommendation during the second vacation application of Forest Boulevard to defer the matter until the City could resolve the Nelson's dilemma. Schroeder clarified that this vacation request will not affect the Nelson's position. Mabusth concurred. It was moved by Schroeder, seconded by Cohen, to recommend approval of Application #1798 for Fred and Barbara Ryan, 1345 North Arm Drive, for the vacation of dedicated road, Forest Boulevard. Ayes 5, nays 0. ( #2) #1800 MICHAEL PLANK, 4115/4145 WATERTOWN ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:40 - 7:48 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mark Gronberg was present Weckman explained the applicant is requesting a lot line rearrangement increasing the size of 4145 Watertown Road to 13.24 acres to al low for future subdivision of this lot. Staf f recommends that ownership of Outlot A be transferred to 4145 Watertown Road with an access easement to 4115 Watertown Road. He reviewed the additional dedication for drainage easements recommended by the City Engineer. Bellows stated that the subdivision of the larger lot will be expensive due to the drainageway that will have to be crossed to provide an access drive. Pam Sawchuck, 4105 Watertown Road, asked for clarification of the request. Gronberg explained the proposal would create the possibility for an additional lot on the western side of the lot. 2 i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1800 - CONT. It was moved by Johnson, seconded by Cohen, to recommend approval of Application #1800 Michael Plank, 4115/4145 Watertown Road, for a subdivision of a lot line rearrangement, conditioned upon the applicant making the provisions for additional drainage easements over the expanded wetland area, legal combination of 4145 Watertown Road with Parcel A and transfer of ownership of Parcel A to 4145 Watertown Road, and granting of an access easement to 4145 Watertown Road. Ayes 5, nays 0. ( #3) #1803 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 8:10 - 9:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Henry Kingman, Robert Mitchell and Rick Sathre were present to represent the applicants. Mabusth explained this application was tabled in 1990 due to indecision of the access drive. The real impact for the proposed road would be the future subdivisions of the Prudden property with a potential for three lots. The road currently serves two properties and would also serve the proposed new residential lot. The City Engineer has recommended a future road corridor be installed at no greater than a 8 -9% slope with a replatted curve meeting 30 mph standards. Staff is recommending future planning needs be addressed and create a future road outiot at this time, however it need not be constructed at this time, and recommend that the road be upgraded to the point that the private road outiot be extended northward allowing the temporary use of the existing roadway and providing a temporary back -out apron rather than a cui- de -sac. The Country Club has asked that they not be required to make road improvements at this point if the future road outlot is provided. Bellows questioned the road upgrade. Mabusth stated that the road was proposed for partial upgrading because of decisions made in the earlier subdivision application. Mitchell stated the object of the County Club is to place the house as far back on the lot so as not to change the aesthetics of the property. He noted the possibility of the future road sweeping up the hill would impact the house location and destroy the natural environment provided. K3 i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1803 - CONT. Sathre reviewed the problems with the placement of the future road. He felt if the future roadway speeds were reduced a more appropriate placement could be realized. Mitchell asked why the road couldn't be widened in the same location if needed in the future. Mrs. Carpenter, 480 Russell Avenue, expressed concern about the potential cul -de -sac location. She noted in the previous application, it was suggested the road be widened to the south. She felt the road should be widened to the north to provide the least amount of impact to her property. She said she is not opposed to the back -out apron. Henry Kingman felt during the original subdivision of the area, all these issues were addressed and provided for. Mitchell noted the Country Club does not object to a hammer -head turnaround along the Carpenter property, or a complete road outlot and the roadway could be moved further to the north. He said they wish to follow as near as possible the existing road as the curve is sharper, but the slope is gentler. He addressed the upgrade to the road after the construction of the new residence. Bellows noted that per the code during the development of the third lot, the road must be upgraded to a private road. Mabusth asked Carpenter if they have access across Outlot A. Carpenter said they are allowed to use the outlot, but it is not feasible to do so. Mitchell confirmed that Carpenters do not have an easement over the driveway. Cohen questioned if they intend to create a road which will require a four -wheel drive to access during the winter months. Mitchell said it is a desireable piece of property that those who purchase are willing to make the sacrifice to get up the hill. Bellows clarified that streets and roads are a major safety issue and they have an obligation to make it safe for emergency vehicles in a safe manner. C! MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1803 - CONT. Mabusth clarified that the City Engineer is noting the curve shown does not meet the standards for a 30 mph roadway, therefore he suggests the repositioning of the road. The Engineer is recommending the road be upgraded to a cul -de -sac at this point. She explained the options for recommendation available to the Planning Commission. Bellows questioned the rational behind approving the hammer -head turnaround for three residential lots which does not address the need for emergency vehicles. Mabusth stated once again this was based on discussions during the first subdivision. Johnson clarified that the roadway will need to be upgraded at the time the Pruddens propose a subdivision of their property, and the City will look to the Pruddens to fund the entire project at that time. He felt it would be more equitable to improve the entire roadway to the next logical point of development at this time. Mabusth sought clarification and asked if he meant to improve the road to a 24' wide road up the hill, and to not construct the cul- de -sac at this time? Johnson stated, "yes ". Kingman felt it would not be a problem to do as suggested, but expressed desire to not have the road widened to the north. Mitchell understood that the City would allow a maximum of three houses on a private drive. He said what is being presented is new to him and his client and he will review the issues with them. He sa i d i n w 1 den i ng the roadway, they w i l l do the best they can to widen the road away from the Carpenters' property. Bellows stated that the road doesn't need to be upgraded until the fourth residence is a widely -held misconception. Mabusth noted with a rural section of road there would be more Impact to the area with a 24' paved road and 6' ditches. She said an urban section would require a 28' paved road measured to the inside of the curbs. Mitchell said they hoped to protect the natural environment by limiting the road width. He said to clear cut for the road would have a tremendous effect. 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1803 - CONT. Mabusth suggested that the Planning Commission include in their recommendation the applicant work with the City Engineer to assure Orono standards are upheld and at some time consider steep slopes, location of mature trees and location of existing and proposed development. Bellows polled the Commission and all agreed that the roadway should be extended to the northern most lot line. It was moved by Bellows, seconded by Rowiette, to recommend approval of Application #1803 Woodhill Country Club, 200 Woodhil) Road, for preliminary subdivision creating one additional residential lot, subject to the upgrading of the private road meeting the Engineer's recommendation for such road, and subject to Conditions #1 through 4 in staff memo. Ayes 5, nays 0. ( #4) #1796 PETER W. T. L'ALLIER, 2684 LYDIARD AVENUE - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:10 - 7:19 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Peter L'Allier was present. Mabusth stated the former residence is currently being renovated. The former detached garage was removed and replaced with a structure that would sustain a second story garage attached by a 5' skyway. The building permit for the living quarters above the garage were approved without a kitchen. The conditional use permit is needed because applicants proposed the installation of a kitchen. Access to the apartment is via the second story of the principle structure through an open exercise area, with secondary access through the garage and second story rear access stairs. L'Allier stated the third access to the apartment is from the rear through a porch area. He noted the reason for the guest apartment is to provide a residence for his parents. He said he does not Intend to rent the unit. Be I I ows f I t the exter i or ent rance wou I d not meet the i ntent of the code. Johnson agreed that if the property were sold, the potential of the apartment becoming a rental unit is very real. i 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1796 - CONT. Mabusth suggested the same condition as that imposed on Robert Waade, that being the approval runs with the owner not with the property. Cohen said he would I i ke the plans redesigned to meet the code, that being the entrance through the principle portion of the residence. Bellows agreed that for safety sake, they should allow the second entrance through the garage, but felt the entrance through the porch area should be eliminated. L'Allier agreed to the removal of the third access. It was moved by Cohen, seconded by Rowiette, to recommend approval of Application #1796 for Peter w. T. L'AIIIer, 2684 LydIard Avenue, approving a conditional use permit for a guest apartment within the principle residence, conditioned upon the removal of the third access through the three - season porch, an approving resolution filed in the chain of title indicating the apartment cannot be used as a rental unit, and is issued to current owners and if property is transferred to a new owner, it shall be the new owner's responsibility to obtain a new conditional use permit for the non- rental apartment or remove the kitchen. Ayes 4, nays 1. Johnson voted nay. Johnson felt the apartment does not meet the intent of the code to have access through the primary structure by having a second access. ( #5) #1797 TROY ANDERSON, 1490 LONG LAKE BOULEVARD VARIANCE - PUBLIC HEARING 7:50 - 8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Troy Anderson was present. Weckman explained the applicant proposes the addition of a second story over a portion of the existing residence within a substandard side yard setback. Anderson noted the condition to upgrade the septic if necessary with the addition. i 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1797 - CONT. Keith VandenBranden, 1480 Long Lake Boulevard, explained most residences to the west of his property are lake cottages. He said he applauds Anderson's contribution to the neighborhood, but expressed concern about the proximity to the lot line and the scope of the project. He felt the project encroaches his property, and requested screening between the properties. He noted his residence meets the required setback. Anderson agreed to supply screening between the properties. Bellows noted it would be very expensive to provide 20' screening to block the views from the second story, and asked VandenBranden's expectations of the screening. VandenBranden felt there is not sufficient area to provide the necessary screening. He suggested providing a 30' wide easement to the property to the north and have a common drive and use the area currently consumed by the access easement for the new garage. Anderson said that would cross the future septic area and is not feasible. Bellows said Anderson has agreed to provide the screening as requested, but it appears that if additional land is not provided by VandenBranden, the plantings may not be possible. She felt the applicant has tried to be amenable with the neighboring property owner. Beverly Greeney, 1485 Long Lake Boulevard, asked if the setback requirements do not mean anything. Bellows stated the applicant is properly requesting a variance as he cannot meet the requirement. Greeney objected because the adjacent neighbor objects. Anderson noted the addition will not impact the Greeney property. Schroeder asked if it were possible to provide the plantings on the VandenBranden property. VandenBranden noted due to the location of the power lines, any screening would be trimmed every 3 to 5 years. Johnson suggested the applicant and neighbor discuss the possibilities and return with a solution. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1797 - CONT. Anderson noted this is the only feasible expansion to the property. It was moved by Cohen, seconded by Schroeder, to recommend approval of Application #1797 Troy Anderson, 1490 Long Lake Boulevard, for a side yard setback variance to allow the addition of a second story to the existing residence, conditioned upon the applicant providing natural screening along the western lot line and subject to presentation of a plan for such to the City. Ayes 5, nays 0. ( #6) #1797 ALBERT & SALLY HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT /VARIANCE - PUBLIC HEARING 7:20 - 7:38 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Albert and Sally Hanser were present. Mabusth explained the applicant are required to obtain a conditional use permit for excavations greater than 1' for the purpose of creating a sediment trap. The City has asked the applicants to consider expansion of the application that would allow 1' excavations outside the proposed pond area, this would provide compensatory storage for the filling or expansion of the Fox Street road bed. Mr. Hanser said he was concerned about the effect on the trees in the area. He noted he would be agreeable to the expansion of the project, if the trees would remain in tact. Mark Gronberg felt the City probably could not go all the way to the edge of the drainage easement, but they could get close. He stated they may be able to obtain 18,000-19,000 square feet surface area, but probably could not obtain the 21,000 square footage as requested by the DNR. Bellows asked if there was any other area they could obtain. Mabusth felt if the City could use a portion of Hansers' property for mitigation, they could find a smaller area to make up the difference. She suggested presenting the applicants' portion of the request to the Council, and staff continue to work with the applicants on the expansion of the project. It was moved by Cohen, seconded by Johnson, to recommend approval of Application #1799 for Albert and Sally Hanser, 1685 Fox Street, for a conditional use permit and variance to allow the excavation of 8,000 s.f. area to create a sediment trap. Ayes 5, nays 0. 9 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ( #7) #1801 E.W. BLANCH COMPANY, 2505 OLD BEACH ROAD - VARIANCE - PUBLIC HEARING 9:15 - 9:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Cohen abstained from any discussion regarding this item and left the meeting at this time, 9:15 p.m. Mabusth explained this is the first variance to the Ordinance dealing with allowed building height. She explained how final allowed height is determined. She said given the flood plain in the area and the need to raise the residence and the design proposed for the house creates the problem. She reviewed the issues and hardship facts as presented by the applicant. She said from the road, this house will have little impact. Shawn O'Laughlin, representative of the E.W. Blanch Company, said they are trying to create a traditional colonial home with a mansard roof. He said this is the only lot of the seven lot development to be built on grade. The rest are walk -outs. He asked that they use this project as a way to amend the ordinance with some subdivisions. He said this is an unique situation, and the ordinance does not address a lot of this type. Schroeder felt the proposed structure does not violate the intent of the code. It was moved by Schroeder, seconded by Johnson, to recommend approval of Application #1801 for E. W. Blanch, 2505 Old Beach Road, granting a variance to the vertical height ordinance, per the hardships expressed by the applicant. Ayes 4, nays 0. Cohen abstained. ( #8) #1802 ORONO INDEPENDENT SCHOOL DISTRICT 0278, 770 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:30 - 9:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Neil Lawson, Business Manager; Dr. Mich, Superintendent; Jim Franklin and Peg Swanson, Board members; Melanie DeLuca, Community Education Director; Bert Hagiand, Architect; were present to represent the School District. 10 i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE 111802 - CONT. Mabusth explained the applicant seeks approval of a conditional use permit to permit the addition to the existing day care structure to al low expansion for the latch key programs. She noted the church will continue to use the structure on Wednesdays and Sundays. She noted some corrections to the plans: the School District will not construct a new parking area but will expand on the existing, and no drainage swales are proposed. All improvements on the site meet the 50' setback from all property lines. The City Engineer has asked for raised curbing along the north side of the parking lot. She noted there will be no change in current drainage pattern. She reviewed the landscape plan for the property. She noted the City will request an easement for the bike trail that intercedes property within 500' of the street setback area. She explained how the parking lot is used for over -flow parking by the School for special events, and the Police Chief has indicated he would like the parking area expanded to 50 or 60 stall capacity. Bellows stated this project is part of an over -all concept for the campus area. She agreed with the Police Chief that the additional parking is an appropriate request. Mabusth noted the Police Chief was pleased to see the addition of lighting. She explained the School will be using the same size signage as approved for the church. Lawson explained the School District feels the parking area does not need the additional parking, and noted its activities will never coincide with that of the Church's. He felt the addition would not facilitate a larger congregation. He reminded them that the School District does own the 50 +/- acres to the north and additional parking could be supplied at a later date on that property. Rowlette said she is concerned about the semi - circle proposed to direct traffic. She questioned if the area will create a traffic problem. Mabusth stated this design is similar to the driveway layout used on the school campus and involves one way directional lanes. She would recommend the same for this site. Rowlette expressed concern about the design of the parking area. Be I I ows noted th i s i s an area that you want to s I ow peop I e down while driving. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1802 - CONT. DeLuca noted during the day there is a limited number of cars in the parking lot, and the School sets up cones to direct traffic during appropriate hours. She noted it would help if the parking lot could be just stripped opposed to raised curbing to allow the children to use the area during day care hours. Mabusth noted a small area of the parking lot will be involved in the raised curbing. All members felt there was a need for the addition and the School runs a fine program. Dr. Mich stated the School District was unaware of the additional right -of -way dedication for the bike path. There was some discussion regarding the trail, and it was determined that the School Board would review the issue at their next Board meeting. Lawson questioned the need to post a bond to cover the Improvements. Mabusth stated that this request would be best addressed by the Council. Bellows questioned Commission members about their feelings regarding the need for the additional parking. Mabusth indicated the church was required to install 57 parking stalls with the approval of their original plan. That plan was never realized to its full capacity, and the parking lot was never enlarged to that size. She noted the code requires 40 stalls for the current level of church use; the most restrictive of the multiple uses proposed. DeLuca explained every dollar utilized for the day care program takes away from the childrens' needs, and they could provide much more if the parking area does not need to be expanded. Mabusth stated the City can always review the parking at a later date if parking becomes a problem based on the approval of the conditional use permit. a, 12 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1802 — CONT. It was moved by Johnson, seconded by Schroeder, to recommend approval of Application #1802 Orono School District #278, 770 Old Crystal Bay Road, granting approval for a conditional use permit to allow the construction of an addition to the existing day care building, based on conditions presented by staff, and based on the number of parking stalls be maintained at 40 stalls. Ayes 4, nays 0. Mabusth asked that one stall be approved within the required setback area. All members agreed that would be appropriate. ( #9) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. ( #10) OTHER ISSUES Bellows asked that they try to better use the means of communication between the Planning Commission and Council. ( #11) APPROVAL OF MINUTES It was moved by Bellows, seconded by Johnson, approve the minutes of the January 19, 1993 Planning Commission meeting. Ayes 5, nays 0. (#12) REPRESENTATIVE TO THE COUNCIL MEETING Bellows volunteered to attend the meeting March 8, 1993 Council meeting. ADJOURNMENT Chair Bellows adjourned the regular Planning Commission meeting at 10:06 p.m. Maureen Bellows, Chair Person a, 13