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HomeMy WebLinkAbout06/21/1993 Planning Commission Minutes0 1 1 7 /.010/ Planning Commission PUBLIC ATTENDANCE CITY OF ORONO Council :MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER Mari (nl_ease print) ADDRESS PRESENT FOR (from agenda) i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Charles Schroeder, Stephen Peterson, Candace Rowlette, Sandra Smith, Charles Nolan, Jr., Janice Berg, and Dale Lindquist. Charles Schroeder left the meeting at 9:20 p.m. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman and Recorder Teri Naab. Edward Callahan and J. Diann Goetten were present. Chair Schroeder called the meeting to order at 7:00 p.m. ( #1) #1821 MARGO & STEVE WIRTJES, 3085 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7:02 - 7 :25 P.M. John Ploetz, attorney for the applicants, was present. Mabusth explained this is a two lot subdivision in a 2 acre zoning district, of which both lots meet the area requirement. Lot 2 does not meet the required lot width at the 50' setback. Both lots were shown meeting the lot width standards with the original application. Septic information has been provided for both lots. She explained, a permit was issued by the State for the well for the existing residence, however, the well was approved at a 50' setback opposed to a 75' setback as required by Orono, for which a variance was granted. It has now been determined that the well is only 40' from the alternate septic site, and if the alternate site is ever used, a new well would be required. It will be imperative to make this known to future owners of the property. Drainage through the property has been rerouted along the west lot line to southern lot line. The applicant has agreed to reduce the size of the oversized accessory structure on the property, which currently exceeds 750 s.f. and requires a 15' side setback. The applicants have agreed to develop the drive to the west of the outlot to provide a greater setback from the lot line. She noted the City does not have setback requirements for private driveways and this may be included as a condition of subdivision approval. Ploetz noted the proposed lot lines conform more closely with the current drainage pattern on the property. He reported the applicant has no problem with constructing the drive to the west of the outlot or reducing the size of the accessory structure. 0 Chair Schroeder inquired about the ownership of the property. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1821 — CONT. Ploetz replied the Wirtjes are the occupants of the existing residence, but the fee holder of the property is the Wheaton Company, of which Margo and Steve Wirtjes are sole owners. Lindquist inquired if it is important to stipulate that the well be moved prior to final subdivision approval. Mabusth felt it very important to establish a means to convey to any future owner of the lot the condition that the well be moved in the event that the alternate septic site is used. Weckman added until the alternate site is used, the well is not a h i nderance. He noted in the event the alternate s i to were to be used, the City would be made aware through the permitting process. Rowlette asked if the procedures for well permits has changed recently. Mabusth explained that approximately 3 years ago the State Health Department has assumed control over the permitting and inspection of wells, and since they are a separate entity, are not required to review or consent with the City on well locations. Chair Schroeder noted it is not typical practice to make someone move a well prior to final subdivision approval. Mabusth stated she had no problem with waiting to require the well to be relocated until the alternate site is used, especially considering the City has granted a setback variance for the well to the existing septic system. She noted that the applicant was aware of the City's requirements for a 75' setback prior to development of the lot. Ploetz stated the applicants prefer to wait to move the well due to the additional cost. He reported, to date, the applicants intend to retain one of the lots for their residence. Chair Schroeder asked if the applicants run their business out of their home. Ploetz replied the business is established in Wheaton Minnesota, but they may use their home for some administrative work. The • applicants were originally from Wheaton. 2 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1821 - CONT. It was moved by Lindquist, seconded by Chair Schroeder, to recommend approval of Application #1821 for Margo and Steve Wirtjes, 3085 Watertown Road, approving a preliminary subdivision, subject to the staff's recommended conditions, and with the added requirements that the road be located to the west of the outlot, and the well be moved prior to final subdivision approval. Ayes 5, nays 1 . Sm i th absta i ned. Row I ette voted nay because she f I t i t was an extra expense to make the applicants move the well prior to the alternate site being needed. Motion carried. ( #2) #1830 RICHARD F. OORLOG, 1058 LOMA LINDA AVENUE - PUBLIC HEARING 7:25 - 7:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Oorlog was present. Mabusth commented on the accuracy of the applicant's survey. She explained the applicant proposed the removal of an upper deck to be replaced with a enclosed dining area and upper deck, and the replacement of the lower deck. The property has 92.9% existing hardcover, proposed 61.4 %, which is a reduction of 1.965 s.f. Chair Schroeder asked for hardships to be presented. Oorlog replied they have a small kitchen and dining area. Also they are hoping for some privacy from the adjacent neighbor, as expansion of the neighbors' deck recently does not allow for such. Smith asked if a natural walkway to the lake could serve as well as the steps proposed. Oorlog agreed to that proposal. Mabusth noted the applicant proposes the removal of the plastic and gravel to the rear and side of the house. She pointed out the hardcover calculations were done by staff and not presented by the applicant. Oorlog clarified that he only proposes the removal of the plastic as this would be consistent with what his neighbor was required to remove. +. Rowlette pointed out one of the rear areas is used for boat parking, and once gravel is driven on, it remains hardcover. 3 0 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1830 - CONT. Mabusth noted that area where the boat is stored could be reduced by half of the amount calculated to be removed. Smith asked if the applicant has considered plantings or sod in place of the rock area. Oorlog said it does not flow with the neighbors' property as well and would require added maintenance. He noted that since the plastic was removed from the neighboring property, the owners just use chemicals to kill the weeds, which flow into the Lake. Chair Schroeder explained their goal is to get something to help the Lake. Peterson questioned the condition of the rip -rap. Mabusth stated it was in good condition. She noted the plastic under rock in the 0 -75' setback area. Rowlette clarified that the lower deck to be replaced will be under the addition. Mabusth concurred, and added one -third of the lower deck is in the 0 -75' zone. Rowlette said she would look more favorably on the lower deck if the plastic were to be removed in the 0 -75' zone. Lindquist asked the applicant if he would be agreeable to that condition. Oorlog stated if he has to remove it to gain approval. Mabusth noted this condition is consistent with that placed on the neighboring property. Oorlog stated the plastic was not removed in the 0 -75' zone on his neighbors' property. He said he was willing to remove the hardcover because he understood the purpose. 4 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1830 - CONT. It was moved by Peterson, seconded by Rowlette, to recommend approval of Application #1830 for Richard F. Oorlog, 1058 Loma Linda Avenue, for Lakeshore setback variance, average iakeshore setback variance and hardcover variances to permit the construction of an addition to the existing residence, subject to all plastic on the property being removed, and steps to the lake being relocated out of the 0 -75' setback area. Ayes 7, nays 0. ( #3) #1831 EDWARD ENGLER, 3450 BIRCH LANE VARIANCE - PUBLIC HEARING 7:47 - 8:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Engler were present. Mabusth explained the applicants propose a family room addition over an existing patio area, 16x20', completely located in front of the average setback. She noted minimal impact on neighbors' property by the encroachment into the average setback area. They propose the removal of plastic under the landscape patio area reducing the hardcover in both the 0 -75' and 75 -250' zones. Most of the excess hardcover in the 75 -250' zone is due to the bituminous area, which serves as a turn - around for Birch Lane and is also used by the City to store snow. Nolan asked how they plan to address drainage. He expressed concern about trapping the drainage on the rear of the property. The applicants' builder stated they intend to solve drainage problems one of two ways by either allowing the drainage to flow in its natural pattern or by installing a retaining wall adajcent to the addition on the west side. Nolan felt it would be appropriate for the applicants to submit a drainage plan. Rowlette clarified that there will not be a walk around the house. Engler stated that was correct. Nolan asked if it would be appropriate to require an easement over the bituminous area to ensure the City's use in the future. 5 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1831 - CONT. Engler stated he would I i ke to ask h i s attorney prior to committing to an easement. He noted the area has been used by the City for many years without problems. He added they would prefer to remove a portion of the bituminous instead of the plastic, however, they realized the need to allow it to remain for City use. Nolan asked if they would consider the easement if the legal ramifications could be worked out. Mrs. Engler stated they have worked well with the City in the past and would prefer to leave things as they are. Mr. Engler added they would prefer not to encumber the property with an easement. Chair Schroeder asked if it would be possible to reduce the proposal so a lot coverage variance would not be necessary. Mrs. Engler stated they have already reduced the addition. It was moved by Rowlette, seconded by Lindquist, to recommend approval of Application #1831 for Edward Engler, 3450 Birch Lane, for variances to construct an addition to his existing residence, subject to all the hardcover removed as shown on the plan and with the added condition that a drainage plan be submitted with the building permit application. Ayes 7, nays 0. ( #4) #1832 SCOTT A. MABUSTH, 740 NORTH BROWN ROAD - VARIANCE - PUBLIC HEARING 8:05 - 8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Scott Mabusth was present. Weckman explained the applicant seeks a variance to construct a 10x16' shed in the front of his principal residence. An existing shed will be removed. The shed will be set back 146' from the street lot line. The hardship is the topography to the rear of the residence, and the only flat area is used for the septic system. Phil Nelson, surveyor, added the net increase is 32 square feet, no mature trees will be disturbed and very little grading will be • required. 2 1� 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1832 - CONT. It was moved by Peterson, seconded by Smith, to recommend approval of Application #1832 for Scott Mabusth, 740 Brown Road North, for a variance to construct a shed in front of the principal residence. Ayes 7, nays 0. ( #5) #1833 LAURENCE ELSEN, 2879 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING 8:10 - 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Eisen and Bob Seuss, his builder, were present. Mabusth explained the applicant proposes a 26x44' garage addition which does meet the required street setback, and a second story enclosed addition of which a portion will replace an existing screened porch. The enclosed addition will extend 2' beyond the existing building envelope. Seuss clarified the room addition is replacing a screened porch. Mabusth reviewed the hardcover calculations, and noted lot coverage is over by 1 %. Chair Schroeder asked if the new drive has been approved by the City. Seuss rep I i ed the proposed drive is ideal for both the City and the owner as it provides a safe turn - around for the owner and a turn- around for the public using the beach. Peterson said he would think the applicant would like to be screened from the public beach. Eisen said he prefers the proposed plan. Chair Schroeder asked if hardcover could be removed in any other area, such as the storage shed near the lake or downsize the garage. Seuss said the reason the garage is oversized is because of the entry into the house from the garage. He noted the applicant purchased the home in 1988 and the storage shed was already there at that time and is screened from the neighbors with existing vegetation. 7 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1833 — CONT. Rowlette clarified that they are hoping to reduce hardcover within the 0 -75' zone. Seuss said the shed is currently used to house equipment. Rowlette suggested the removal of existing block. Elsen said that is proposed to be changed to grass. Rowlette inquired about the wood shed. Mabusth clarified the wood shed was not taken into consideration for the lot coverage, but would reduce the hardcover calculations. Elsen said he would remove the wood shed. Mabusth said that leaves him with a .04% lot coverage overage. She asked if there is any landscape plastic that could be removed. Elsen noted there is plastic under the deck that could be removed. It was moved by Lindquist, seconded by Berg, to recommend approval of App l i cat i on #1833 for Laurence E I sen, 2879 Casco Po i nt Road, for variances to construct an attached garage and additions to the existing residence, subject to the removal of the shed, concrete, 151 s.f. plastic landscape area, and the asphalt to the rear of the garage, and subject to the driveway kept to a minimum and the relocation of trees. Ayes 7, nays 0. ( #6) #1834 MARY K. MCCARTY, 245 TONKA AVENUE - VARIANCES - PUBLIC HEARING 8:40 - 8:55 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mary McCarty was present. Mabusth explained the applicant seeks a lot area and lot width variance to construct a new home on vacant property recently assessed for sewer. A condition of her purchase agreement is approval of the variances. It is hoped that she will have the opportunity to acquire additional property to the north of this lot through the sale of tax forfeit property. Even with the • additional land, a new residence would need approval of a setback variance to construction a new residence because of the limited depth. 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1834 - CONT. Rowlette clarified that the tax forfeit property has never been assessed for sewer. Mabusth concurred. McCarty stated the property would be 25,000 s.f. if the proposed lots and the tax forfeit lots were combined. Rowlette stated if the property was assessed for sewer, obviously it was considered a buildable lot. Mabusth noted it is important for the applicant to close on the property prior to the sale of the tax forfeit sale so she is notified of the public sale. Chair Schroeder questioned what will happen if the applicant is unable to purchase the additional property. Mabusth stated she would then return requesting approval of setback variances. McCarty stressed the lot is still considered a buildable lot without the tax forfeit property as it was assessed for sewer. Rowlette noted the lot size of the proposed lot is similar to that developed in the neighborhood. It was moved by Berg, seconded by Rowlette, to recommend approval of Application #1834 for Mary K. McCarty, 245 Tonka Avenue, for lot area and lot width variances for a substandard property. Ayes 7, nays 0. ( #7) #1835 DAVID & ELLEN PHELPS 1950 FOX RIDGE ROAD - VARIANCE - PUBLIC HEARING 8:55 - 9:02 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Phelps were present. Mabusth explained the applicants propose the expansion of the existing residence to the street side at the side of the existing garage. • Lindquist inquired as to the proposed footage. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1835 - CONT. Mabusth replied it will be 13x22' and will extend closer to the road, from a 35.5' setback to a 24.4' setback . Phelps said the neighbors are not opposed to the project, and submitted three letters expressing approval. Chair Schroeder read the letters into the record from the following: 6/21/93 David Kirkman, 1945 Fox Ridge Road 6/21/93 Ann Cosgrove, 189 Fox Ridge Road 6/19/93 Ray & Bonnie Hack Peterson asked if the Engineer has reviewed the plans to determine if it is necessary to connect on the drive. Mabusth stated that i s not necessary as L t i s at the end of the cul -de -sac and a loop road would require removal of natural plantings. It was moved by Nolan, seconded by Smith, to recommend approval of Application #1835 for David and Ellen Phelps, 1950 Fox Ridge Road, for variances to construct an addition to the northeast /street side of the existing residence. Ayes 7, nays 0. ( #8) #1836 RONALD D. LAUER, 1180 TONKAWA ROAD - VARIANCES - PUBLIC HEARING 9:02 - 9:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Lauer were present. Mabusth explained the applicant proposes a second story on the existing structure which was built in approximately 1955. The majority of the residence is located in the 0 -75' setback zone and in front of the average Lakeshore setback. The applicant also proposes a 3x16' second story deck, which will be located over existing hardcover, but is considered an intensification in the lakeshore protected area. Lindquist asked the applicant if he has decided to use the building plans presented, and asked if he is the builder or future owner. Lauer stated he has decided to use the plans submitted, and he is the builder and possibly a future resident. is Smith brought up the cement patio and the fact that during a recent conversation with the applicant, he seemed willing to reduce the size of the patio. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1836 — CONT. Lauer stated he could live without some of the patio. He noted he does plan to level the patio area. Chair Schroeder suggested he remove the entire patio area. Lauer stated he would like to retain a portion for a picnic table, but would be willing to reduce it by 50 %. Mabusth noted they have not heard from any of the neighbors. Lindquist questioned the impact of the addition on the adjacent residences. Mabusth noted that only one of the adjacent homes is in line with the property, and that residence also encroaches the average setback area, and the other adjacent residence has a hugh privacy fence along the boundary line so is unaffected. • Nolan asked the intent for the gravel bed. • Lauer said he would be sodding the area. Nolan asked if the extensive overhang would be decreased with the addition. Lauer stated that is his intent. Nolan noted there is not a front entryway. Lauer stated it is intended to be located over the front stoop, which is existing hardcover. It was moved by Smith, seconded by Nolan, to recommend approval of Application #1836 for Ronald Lauer, 1180 Tonkawa Road, for variances to construct a second story addition, subject to the patio area reduced by 50% and the gravel bed removed. Ayes 7, nays 0. Chair Schroeder recessed the meeting at 9:15 to 9:20 p.m. He left at this time. Peterson took over the meeting as Acting Chair. 11 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ( #9) #1837 CINDY FREDRICKSON, 1516 LONG LAKE BOULEVARD - VARIANCES - PUBLIC HEARING 9:25 - 9:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Cindy Fredrickson and Vince Lange were present. Mabusth noted a shed located to the rear of the property which was constructed without the benefit of a permit, which the applicant proposes to remove. She explained the applicant proposes a 24x32' detached garage to be located 2' from the side I of , and 6' from the rear. The garage and house cannot meet the 10' required separation. She reviewed the hardcover calculations presented. Peterson asked about the removal of the concrete pad. Lange presented a new proposal which would allow for a 3' rear setback and an 8' separation. This would still allow for a firewalI • in the garage. He noted they propose the removal of the step /s i dewa I k system and reduce the dr i veway f rom 16' to 13' or 468 s.f. He stated they would like to leave the concrete patio area to the rear of the residence. Peterson inquired about the retaining wall on the east. Lange proposed that it would be replaced within a year, and added the neighbors have no objections to the plans. Lindquist asked how far away the residence is located on the property to the north. Lange replied approximately 300'. Peterson noted an outhouse to the rear of the existing garage, and asked about removal procedures. Lange stated it has not been used for 40 years and will be covered over by the new garage. Smith inquired the use of the large garage. Lange replied it will be used for storage of vehicles, maintenance equipment and snowmobiles and will contain a work area. 0 Mabusth stated it would be helpful to see a site plan showing the proposed removals. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1837 - CONT. It was moved by Lindquist, seconded by Berg, to recommend approval of Application #1837 for Cindy Fredrickson, 1516 Long Lake Boulevard, for variances to construct a detached garage, subject to the recommended hardcover removals and staff confirming those removals prior the final inspection. Ayes 4, nays 2. Smith and Nolan voted nay as they felt the garage was too large for the property. ( #10) #1838 ROBERT H. OWENS, 1700 BOHN'S POINT ROAD - CONDITIONAL USE PERMIT PUBLIC HEARING 9:40 - 9:54 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Robert and Tom Owens were present. Mabusth explained the applicant proposes the installation of a two- • tiered block wall on the bank of his Lakeshore home which has sustained serious damage from all the rain. He is requesting a conditional use permit to allow repairs. Robert Owens reported another crack. He stated the bank is in imminent danger of collapse. Mabusth said this is an emergency situation and should be acted upon with urgency. Owens stated he is aware that the Council must approve any application, but was not sure that the bank would last until the next meeting, and if it did not, it would dump hundreds of yards of dirt into the lake and double the cost of repair. Nolan asked if appropriate siltation methods would be used. He pointed out the exposed concrete patio wall, and questioned whether it would be possible to screen with vines or some other sort of vegetation. Owens replied there are vines on the structure to the south. The wall in question was replaced after the storm in 1987, and he suspected that they could encourage vines to grow along this wall also. Nolan suggested they include this structure in the landscape plan. Peterson noted there are no plantings on the repairs after the damage in 1987. 13 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1838 - CONT. Owens noted specified plantings were installed but they did not work. Smith asked if the concrete block patio is stable. Owens reported it is very stable. Rowlette noted the planter is to be removed. Owens agreed. It was moved by Lindquist, seconded by Nolan, to recommend expeditious approval of Application #1838 for Robert H. Owens, 1700 Bohn's Point Road, for a conditional use permit to allow repairs of the lakeshore bank, subject to the planter being removed and screening be included in the landscape plan for the terrace wall. Ayes 7, nays 0. • Tom Owens asked if it would be possible to get approval from the City Council prior to their next meeting. Goetten suggested he contact the City Administrator the next morning and they would make every effort to facilitate the project. ( #11) #1839 ROBERT H. OWENS, 1700 BOHN'S POINT ROAD - VARIANCES - PUBLIC HEARING 9:55 - 10:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Robert and Tom Owens were present. Mabusth reported the applicant proposes the addition of a dining area, a third stall to the existing garage, and a step leading from the new main level patio doors. All the improvements are outside the 0 -75' setback and the applicant proposes removals of hardcover in excess of that added with the additions. Peterson inquired about the manhole located in the driveway. Owens explained that is part of a tiling system that feeds into a 6" plastic pipe which drains to the back yard. L i ndqu i st asked how c I ose to the I ake the water i s be i ng depos i ted . 14 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1839 - CONT. Owens stated the pipe i s perforated once it gets past the house and is below grade about 3'. Most of the water is gone by the time it outlets into the lawn area but the piping does end 30 to 40' from the lake. It was moved by Smith, seconded by Berg, to recommend approval of Application #1839 for Robert H. Owens, 1700 Bohn's Point Road, for variances to construct additions to his existing residence, subject to hardcover removals as shown on the plan, and subject to staff reviewing the drainage system off the driveway. Ayes 5, nays 1. Rowlette voted nay because she felt the applicant could have reduced hardcover further in the 75 -250' zone. Owens stated there is an additional 4' plastic area to be removed which is not shown on the plans. ( #12) #1823 MARGE ROSSING, 130 CYGNET PLACE - VARIANCE - REQUEST TO REVIEW AMENDED PROPOSAL Marge Rossing was present. Mabusth explained the applicant proposes amendment of her original request to include a 4x12' wide deck on the northeast side of the addition. She reported in lieu of landscaping to screen the existing detached garage, the applicant proposes a privacy fence. She added the applicant has almost completed work on the existing garage. She noted the applicant has not shown how she plans to control parking on the property. Rossing added she proposes a split rail fence between the two garages. Mabusth stated that is to eliminate the undefined parking area and use of grassed lawn areas for parking. Peterson clarified the purpose of the new garage was to allow storage of vehicles inside. He expressed concern that the privacy fence would only encourage the storage of items outside. Lindquist questioned the gravel area around the garage and asked if that is intended for parking. Rossing stated they intend to use the gravel area for the storage • of their boats. She noted because of the existing tree line along the street property line, the privacy fence was the best alternative for screening. 15 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1823 - CONT. Peterson reported they just approved a subdivision for the Wirtjes property to the rear of the Rossing home, and stressed that outside storage would become a problem when that lot is developed. Rowlette understood there would not be large commercial vehicles located on the property. Rossing clarified she is allowed one per the ordinance, and one - ton vans do not count as a commercial vehicle. Berg asked how many people live in the home and how many vehicles are on the property. Rossing replied there are currently 4 adults in the home, but soon to be 6, and they will have 5 to 6 vehicles. Mabusth asked about the number of boats and the size. • Rossing replied typically it is only one boat - a 15' runabout. Nolan asked about the storage of construction material outside. Rossing reported her son is in the construction business, but typically only parks his truck on the property and construction material is stored off site. Mabusth indicated the business would require approval of a Home Occupation License. Rowlette expressed concern that there is not enough parking on the property for 6 vehicles, and the need to appease the neighbors' concerns about the appearance of the property. Lindquist stated he is not comfortable having any outside storage hidden behind a privacy fence. Mabusth reiterated the issue here is not the variance for the deck addition, but rather the matter of a violation of allowed exterior storage in a residential yard. The applicant does not need a variance for construction of a second accessory structure and installation of the fence. • Lindquist stated he has no problem with the deck addition. He asked their options regarding the storage. 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1823 - CONT. Mabusth replied staff would look to the ordinance that governs exterior storage. She added a commercial operation must not show outward signs of existence, and the 15' boat stored outside is not a problem as long as it meets the required setbacks. Nolan asked if the City would police if they received complaints. Mabusth responded affirmatively and reported the City has not received complaints about the property in the last few years. It was moved by Lindquist, to recommend approval of Application #1823 for Marge Rossing, 130 Cygnet Place, for a request to amend her original variance approval to include a deck, and the balance of the Commission's concerns are addressed under the original approval. Mabusth noted a landscape plan was required as a part of the • original approval, but stated a berm will not be possible as it falls within the right -of -way. Rossing stated that is why she proposes a privacy fence, and trees are already planted to the front of where the fence will be located. Smith suggested she provide more mature evergreens to provide the year -round screening they hoped for. There was no second to the motion and Lindquist withdrew his motion. It was moved by Peterson, seconded by Lindquist, to recommend approval of Application #1823 for Marge Rossing, 130 Cygnet Place, for a request to amend her original variance approval to include a deck, subject to all conditions of previous approval, and the applicant work with staff to determine an adequate landscape plan and implement the plan based on staff's recommendation. Ayes 2, nays 4. Smith, Nolan, Rowlette and Berg voted nay. Motion failed. It was moved by Nolan, seconded by Rowlette, to recommend denial of Application #1823 for Marge Rossing, 130 Cygnet Place, for a request to amend her original variance approval to include a deck. Ayes 4, nays 2. Peterson and Lindquist voted nay. • Rossing asked the Commission members why they voted to deny the deck. 17 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1823 - CONT. Nolan voted nay because he felt they were creating a situation encouraging further abuse. Rowlette voted nay because she felt the deck should have been included in the original review. ( #13) KENNETH FIGGE, 2004 SUGARWOOD DRIVE - REQUEST TO VARY FROM COVENANTS Kenneth Figge, Robert Mitchell, Mark Larames, L. Kramer and Sid Rebers were present. Mabusth explained this request includes interpretation of the covenants with respect to the curved drive, the pedestrian walkway and filling in a protected /non - clustered area. Larames, the landscape architect, explained the drive is proposed . at 12' width to meander to the autoport , a l l within the allowed 20' access corridor. Mitchell pointed out the intent of the covenant with respect to drives was to prevent drives from crossing the entire front yard. Mark stated the sidewalk was designed assuming walks were permitted. He stated there is a natural opening which meanders to the front door and would facilitate on- street parking. He felt it made sense to have a walk to the front door. Lindquist noted all other properties in the development use the drive to gain access to the front door. Mitchell pointed out on- street parking is allowed in the development. He added the covenants are specific in what they prohibit and sidewalks were not prohibited. Nolan stated they may not prohibit sidewalks, but does prohibit grading in the front yard. Mabusth pointed out the covenant does state that only a 20' wide access corridor is allowed within the front street yard. Mitchell added the covenants allow for landscape structures within • the 50' setback. M_ • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 KENNETH FIGGE, 2004 SUGARWOOD DR - CONT. Rowlette stated the intent of the covenant was to maintain as much vegetation as possible in the front yards. She noted all other residences in this development have provided a sidewalk to the driveway. She felt that says something about the intent. Sid Rebers, developer of the property, said he never considered adding verbiage regarding sidewalks as he felt sidewalks should be based on individual preference. He stated, as head of the architectural committee for the development, he would approve the walk and felt this home will be an asset to the development and Orono. Peterson asked if the lighting and horseshoe area are located on right -of -way. Mabusth noted it is located in the road right -of -way and that road is a private road over which the City has taken an access and utility easement. Mitchell noted the curb does have a curb to which the structure would extend to, and it is hoped that maintenance equipment would not go beyond the curb. He understood if the walk were installed as proposed, and I ater requ i red to be moved, i t wou I d be at the homeowner's expense. Nolan asked if there were any legal concerns they must address in setting a precedent as such. Mabusth felt they would be setting a precedent, but did not feel there would be any legal ramifications. Row lette referred to a letter by Mitchell which states the walk is necessary to preserve the privacy to the property. She questioned that statement. Mitchell stated they hope to screen the utility portion of the property which is the driveway area, but create an invitation to the front door. Larames stated as for the need to fill in there originally was a fence through the a tree line, including a very large ash affect to the rear of the property and request permission to fill the depression the east. 19 the rear protected area, back yard which created which has created a dam a 10" depression. They and to allow drainage to • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 KENNETH FIGGE, 2004 SUGARWOOD DR - CONT. Peterson stated this may help water move faster to the Gill residence to the east. Nolan felt if the filling were allowed, it may help to creating ponding on the property to the west. Mark stated the area to be filled is a pothole. Nolan stated he would be more interested in a permanent solution. Mark answered to make a gu I I y through the trees to get to the swal e area, they need to fill this pothole. Lindquist stated he is not comfortable with anything but a permanent solution. Mabusth noted the property owners /developers have indicated they intend to seek approval of a conditional use permit in the near future to implement a more comprehensive plan to solve the drainage concerns. Peterson polled the Commission and all were interested in a long- term solution. Rowlette referred to the handout explaining the covenants to builders. Condition #3 refers to "landscaping structures ", and she stated they must define this term. She noted major discussion during the PUD process in developing the covenants. Mitchell stated no one dreamed that sidewalks would be prohibited as the covenant is largely negative and it does not prohibit sidewalks. He added most residences have sidewalks to their front door. Nolan asked the builder if he would consider the removal of the half circle shaped structure at the end of the sidewalk. He agreed there is natural opening for the sidewalk and there appears to be a need to provide a walk to the front door. Mark stated the half circle structure was only provided for aesthetics and ties in with the other development on the property. He felt the walk fits in with the style of the home. • It was moved by Peterson, seconded by Rowlette, to recommend approval of the request from Kenneth Figge, 2004 Sugarwood Drive, to install a 12' wide curved drive. Ayes 6, nays 0. 20 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 KENNETH FIGGE, 2004 SUGARWOOD DR - CONT. It was moved by Berg, seconded by Rowlette, to recommend approval of the request from Kenneth Figge, 2004 Sugarwood Drive, to allow filling in the rear yard, subject to a conditional use permit applied for within 60 days from approval for a comprehensive solution to the problem. Ayes 6, nays 0. It was moved by Lindquist, seconded by Smith, to recommend denial of the request from Kenneth Figge, 2004 Sugarwood Drive, of the installation of a sidewalk to the front door from the street. Ayes 4, nays 2. Nolan and Peterson voted nay. Rowlette stated she would be willing to approve the sidewalk if it were presented in a more natural fashion and toned down. All agreed. Mabusth stated she is not convinced that the Public Works Department would approve the portion of the structure located • within the right -of -way. Nolan asked the builder if he would be willing to eliminate the half circle portion of the walk. Kramer stated if that is the only way to gain approval, he would agree. He said he did not design the walkway but was told it fits with the look of the improvements on the property. It was moved by Nolan, seconded by Rowlette, to recommend approval of the request f rom Kenneth F i gge, 2004 Sugarwood Dr i ve, to i nsta I I • sidewalk from the street to the front door of the residence in • straight configuration, based on the clear opening through the f ront yard, the ex i st i ng grade i s su i tab I e to the i nsta I I at i on, and excessive grading will not be necessary, and the access drive is 12' opposed to the allowable 20'. Lindquist suggested in the future sidewalks be on the original plans to be approved with the building permit. Vote: Ayes 6, nays 0. ( #14) REPORT BY PLANNING COMMISSION REPRESENTATIVE Nolan reported on Council action on items presented to them at • their last meeting. ( #15) OTHER ISSUES None 21 0 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ( #16) APPROVAL OF MINUTES It was moved by Lindquist, seconded by Berg, to approve the minutes of the May 17, 1993 Planning Commission meeting, subject to the amended that Smith abstained from the vote on the Wirtjes application. Ayes 6, nays 0. ( #17) REPRESENTATIVE TO THE COUNCIL MEETING Peterson and Rowlette volunteered to attend the meeting July 12, 1993 Council meeting. ADJOURNMENT Acting Chair Peterson adjourned the regular Planning Commission meeting at 11:25 p.m. 22 Charles Schroeder, Chair Person