HomeMy WebLinkAbout09/15/2008 Planning Commission Minutes a
� MINUTES OF THE
ORONO PLANN7NG COMIVIISSION MEETING
Monday, September 15,2008
6:00 o'clock p.m. �
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members
present: Chair Ralph Kempf,Commissioners Kim Kang,Michelle Winer,Jaye Ann Bennett,and
� John Schwingler. Representing Staff were Assistant City Administrator for�Long-Term Strategy
Mike Gaffron,Planner Evelyn Turner, and Recorder Jackie Young. Alternate Janice Berg arrived
at 6:32 p.m. City Council Representa.tive Dave Rahn was present.
Chair Kempf called the meeting to order at 6:05 p.m.,followed by the Pledge of Allegiance.
CONSENT AGENDA
Chair Kempf opened the public hearing at 6:08 p.m. -
There were no public comments regarding the Consent Agenda items.
Chair Kempf closed the public hearing at 6:08 p.m. � �
Schwingler moved,Bennett seconded,to approve the Consent Agenda as submitted.
VOTE: Ayes 5,Nays 0.
*1. APPROVAL OF PLANIVING COMIVIISSION MEETING 1VIIlVUTES OF AUGUST �
18,2008
Schwingler moved,Bennetf seconded,to approve the Orono Planning Commission minutes
of August 18,2008, as submitted. VOTE: Ayes 5,Nays 0.
OLD BUSINESS � - .
2. #08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD,VARIANCE,
6:10 P.M.—6:53 P.M. .
Tom and Pat Kubalak,Applicants,were present.
Turner noted the Planning Commission has reviewed this application twice previously,with the
proposal being tabled at the August meeting to allow the applicants to revise their plans to reduce
hardcover. The applicants have changed their plans from construction of a new house to adding
to the existing house. They propose to add an attached garage and to add a second story over the
portion of the house and garage that is not within the 10-foot setback from the north property line,
convert parts of the existing deck to a screen porch, and to convert the remainder to a single-story
addition with a basement and roof-top deck. Turner noted state statute requires that there is no
increase in the nonconformity. ,
The applicants are now requesting the following variances: �.
PAGE 1 .
�
MINUTES OF THE +
. . . ORONO PLANNING COn'IlVIISSION MEETING
Monday, September 15,2008
� 6:00 o'clock p:m.
(#08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD,CONTINUED)
1. To replace the detached garage with an attached garage and widen the stairs to the deck,
- maintaining 18.05 percent structural coverage when the maximum allowed is 15 percent.
2. To add and remove hardcover within the 750-250 foot setback resulting in 44.7 percent
. hardcover when 49.7 percent exists and the maximum allowed is 25 percent.
3. To change the shape of the roof over the portion of the house that is within the 10-foot
" setback from the north property line.
4. To add a roof and screen walls to a 4 x 6 foot portion of the deck that is within the 10-
foot setback from the north property line.
Turner displayed photographs of the existing structure and a view of the neighboring property.
Planning Staff recommends the following: �
1. Approval of the structural coverage variance to allow the steps to be widened and an
. attached garage to replace the detached garage,but with a reduction in the depth of the
garage to the extent the Planning Commission determines appropriate.
� 2. Approval of the hardcover variance,but with a reduction of the driveway width to 16 feet
and elimination of the turnaround area. Sta.ff would recommend use of mitigating
measures such as permeable pavement and/or rain gardens if feasible.
3. � Approval of the setback variances for the change in the roofline and the extension of the
. screen porch over the deck,conditioned on the screen porch not being converted to a
glazed porch or living space.
Turner noted the recommendations would be subject to the applicants submitting an updated
survey and grading plan acceptable to the City Engineer prior to the application proceeding
forward to the City Council.
Kubalak stated they elected to proceed forward with their application following the
recommendation of the Planning Commission at the August meeting. Kubalak distributed a
sketch depicting the garage and a portion of the residence. The depth of the garage is proposed at
, . 30 feet,which would allow 25 feet for the vehicles and 5 feet for a bathroom and closet. Kubalak
stated it would be difficult for them to reduce the size of the garage because it also accommodates
vent work to the third level. �
. In addition,they have reviewed their options for reducing structural coverage and hardcover.
They would be willing to incorporate pervious materials for the patio and sidewalks. Kubalak
noted the four-foot extension on the side of the garage is only for the garage and does not extend
" down the side of the house. The poly and rock would also be eliminated.
Turner noted the existing hardcover levels contained in Staff's report does not include the poly
and rock.
PAGE 2
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V MINUTES OF THE
ORONO PLANNING COMMISSION MEETING .
� Monday,September 15,2008 �
� 6:00 o'clock p.m.
(#08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD,CONTINUED)
Kubalak stated they would also be willing to eliminate the turnaround area if they are allowed to
. retain the 16-foot wide driveway area. � . .
Kempf asked when they anticipate starting construction.
Kubalak stated they had originally anticipated starting in October,which is no longer possible at� �
this point.
Mrs.Kubalak noted their road will be under construction next spring and that they would like to
commence construction as soon as possible this fall. � �
Chair Kempf opened the public hearing at 6:27.p.m. -
There were no public cominents regarding this application. �
Chair Kempf closed the public hearing at 6:27 p.m. : " ' '
Winer stated she would be in favor of the setback variances and the hardcover variance.
Turner stated pervious materials would still be considered hardcover and would not change the
- calculations. .
Bennett asked whether there will be a full f�asement under the garage. .
Kubalak stated there would be and that the whole purpose behind the remodeling is to gain
storage area.
Kempf indicated he did review the minutes from the August meeting and compared it with what
is currently being proposed. Kempf noted the proposed structural coverage and the hardcover
have increased from the previous proposal and that the applicants had indicated previously that .
their residence was not desirable to live in. Kempf asked whether the applicants would prefer to
go with their original plan or with the plan they are proposing tonight.
Kubalak stated they would like to go with what they are proposing tonight. Kubalak stated their
neighbors are in agreement with the current proposal. The widening of the driveway from the
eight feet to 16 feet helps them overcome some of the safety concerns that were raised at the
previous meeting.
Bennett expressed concern regarding the 30-foot depth of the garage.
Kubalak asked what Commissioner Bennett's objection is to the depth of the garage.
Bennett stated it was her understanding there was an increase in the structural coverage.
Kempf noted the applicants are allowed to maintain the existing house footprint.
PAGE 3
MINUTES OF THE V
. „ ORONO PLANNING COMMISSION MEETING ,
Monday,September 15,2008
. 6:Q0 o'clock p.m.
(#08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD,CONTINUED) .
Turner stated that is correct and that Staff is recommending the Planning Commission look at the �
- size of the garage to deternune if it is appropriate. •
Winer noted a bathroom and the heating and cooling to the third level were being.accommodated .
in the garage. . •
Bennett stated if the structural coverage is over the allowable limit,there should be a reduction in
either the size of the garage or in the footprint of the house. � �
Turner stated the existing house is 1219 square feet,the deck is 432 square feet,plus 21 square
feet for the steps up to the deck, and the existing garage is 637 square feet. A portion of the deck
would be converted into living space. As it relates to structural coverage,the deck is already �
considered part of the house. As it relates to hardcover,the proposed house consists of 1435
square feet and the proposed garage is 660 square feet. � �
Kempf stated the previous plan eliminated the setback variance and was closer in complying with �
the structural coverage and hardcover limits of the City. Kempf recommended the applicants
�� consider going back to their original plan and reducing the structural coverage and hardcover as
much as possible.
Kubalak indicated that their attempts to make revisions to their plan to comply with the direction
of the Planning Commission have been expensive and time-consuming and that they were told
they would be allowed to keep the same size garage as they currently have.
� .. :: ,Mrs..Kubalak noted state statute allows them the same footprint as what they currently have. �
Kempf noted the statutes have recently changed and that the Planning Commission is still
adapting to those changes. Kempf sta,ted the Planning Commission reviewed the original plan,
which is no longer in front of the Planning Commission, and asked whether the applicants would .
be able to proceed forward to the City Council with their previous plan. �
� Turner stated the Planning Commission was pretty clear that they did not prefer the second
. . . proposal at the last meeting but that they could make an advisory recommendation on tonight's
proposal, followed by an advisory recommendation on the second proposal.
Bennett asked what the hardcover calculations would be if the garage is reduced to 25 feet.
Turner indicated it would only reduce the hardcover slightly and would reduce the structural
coverage by approximately one percent to make it 17.5 percent.
Kubalak stated the hardcover would be reduced to 42 percent. , .
� Schwingler moved,Winer seconded,to recommend approval of Application#08-3367,2623
Casco Point Road,in accordance with Staff s recommendations for Items B and C, and to
approve the 30-foot depth of the garage as proposed. VOTE: Ayes 4,Nays 2,Kempf and
Bennett Opposed.
PAGE 4
V MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15,2008 �
6:00 o'clock p.m. �
(#08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD,CONTINUED)
Kempf indicated he would like to see the applicants proceed forward with their original proposal.. - �
NEW BUSINESS
3. #08-3377 SCOTT HOCHSTEDLER,290 CRESTV�W AVEN[JE,VARIANCE,
6:53 P.M.—7:23 P.M.
Scott Hochstedler,Applicant,was present.
Turner stated the applicant is requesting the following variances to consiruct a 14'x 16' addition
to the rear of the house:
� 1. Setback variances to construct a 14' x 16' addition to tYie rear of the house with a 23-foot"
� � � . setback from the rear property line when a 50-foot setback is required; '
2. A 17.63 foot setback from the south property line when a 50-foot setback is required; .
3. Setback variances to construct a 233 x 10' addition to the south side of the house with a
153 foot setback from the south property line when a 50-foot setback is required. The
street to the south is unimproved and was supposed to be vacated previously but was held
� up for reasons relating to storm drainage. Staff would point out that it could be viewed as
a property line. � , _ ,
4. A 37-foot setback from the rear property line when a 50-foot setback is required; �
5. A side setback to construct a detached garage with a 5.1 foot setback from the north
property line when a 10-foot setback is required.
The applicant is in the process of making some changes to the exterior faqade of the structure. ,
Turner displayed some illustrations of the existing residence without the proposed garage and
with the proposed garage. '
Planning Staff recommends approval of the variances for the house additions and approval of a
setback variance to allow a two-car garage.
Laurel Kirkwald, Sharratt Design, stated the client would like to remove the existing garage and
replace it with a garage that would be more in character with the house. In addition,he would
like to add a small sunroom off the back of the house. The current house consists of 947 square
feet and the addition is designed to add some space to the rear of the�house and make the house
more functional. The property owner is limited to 550 square foot area of buildable area in the
center of the property,which would only accommodate a small garage. The allowable building
coverage is 15 percent,which would be 890 square feet on a 12,525 square foot lot.
PAGE 5
1VIINUTES OF THE �
ORONO PLANNING COMMISSION MEETING ,.. . � _
Monday,September 15,2008
6:00 o'clock p.m.
(#08-3377 SCOTT HOCHSTEDLER,290 CRESTV�W AVENUE, CONTINUED)
. The project would improve the neighborhood and increase the curb appeal of the house. The �
• applicant has attempted to comply with the hardcover restr�ctions,and by reducing the size of the
� driveway,the amount of hardcover has been reduced to below 30 percent in the 250 to 300 foot
. . , zone. .
Hochstedler noted he has recently purchased this property and would like to improve this �
property The house consists of 940 square feet and he is in need of some extra space in the
lcitchen area to accommodate a couple of guests: Hochstedler stated in the process of creating his
plan,he discovered that a sewer line goes through his property and that he has received a
. recommendation that the sewer line not be relocated or built upon. As a result of discovering the
location of the sewer line,they are limited in where they can build on the lot. With the additions,
� the house and garage would amount to approximately 1,194 square feet. �� • •-�- -. �
Chair Kempf opened the public hearing at 7:10 p.m. " '
Lewis Bautista,270 Crestview Avenue, expressed a concern regarding the variance
and the closeness of the garage to their property. The appearance of the garage is appealing but
they have a concern that some of their trees may be damaged as a result of this proj ect.At the
time they improved their properiy,they were required to angle their garage in order to meet the
setbacks as well as cut a corner off of the garage,which cost them several thousand dollars.
Leslie Bautista indicated there appears to be more$pace towards the street side or the front and
- that in her opinion the addition could perhaps be built in a different location. Bautista asked if
this project goes through as proposed,whether the variances would be permanent.
Kempf stated if it is approved,the project would proceed forward as proposed.
� Berg stated the structure would remain unless someone tore it down and rebuilt it.
, Turner stated they could tear it down and rebuild a new sfxucture utilizing the exact same .
footprint.
Leslie Bautista asked whether a second story or additional work could be done to the garage.
Turner stated the applicant would only be allowed to construct what he is requesting and that
a second story would not be allowed on the detached garage. Turner indicated if any additional
� - � work is proposed for the property, a separate application would need to be submitted.
Chair Kempf closed the public hearing at 7:18 p.m. _„ _ _ _
Bennett stated she can understand the concern regarding the trees and that there are a number of
things fhe applicant could do to alleviate those concerns. Bennett stated due to the sewer line, she
would be supportive of the plan.
Winer and Schwingler concurred that the sewer line makes this a unique situation and that they
would be in agreement with the proposal. �
PAGE 6
� � MINUTES OF THE
ORONO PLANNING COD�IlVIISSION MEETING
Monday, September 15,2008
" . 6:00 o'clock p.m.
(#08-3377 SCOTT HOCHSTEDLER,290 CRESTV�W AVENUE,CONTINUED)
Kempf noted that a variance would be required for any project that is proposed for this property
. due to the sewer line. Kempf suggested the Bautistas speak with Staff regarding their concerns . .
with the trees. Kempf indicated he does not have a problem with the application and that the �
applicant is asking for the minimum.
Berg moved,Winer seconded,to recommend approval of Application#08-3377, Scott
Hochstedler,290 Crestview Avenue,granting of variances as proposed. VOTE: Ayes 6,
Nays 0. � �
4. #08-3378 MICHAEL AND JiTLIE WHITTINGTON, 1981 FAGERNESS POINT '
ROAD,7:23 P.M.—7:53 P.M. ' -
Michael and Julie Whittington,Applicants;were present.
Tumer stated the applicants are proposing to construct a replacement residence and are requesting �
a hardcover variance to allow 37.56 percent hardcover in the 75-250 foot zone when the
maximum allowed is 25 percent and a variance to allow a swimming pool and pergola lakeward
of the average lakeshore setback. �
- The existing house is a single-story with a tuck-under garage and full basement front walkout.
The front wall of the house is within the right-of-way of Fagerness Point Road. There is no view
of the lake toward the west from the house. The proposed house would be located at the high
' point of the lot and would have a full basement with a tuck-under garage but no walkout. The � � �
second story would resemble a half-story.
Staff does find there is a hardship inherent to the land given the topography and that retaining
walls would be required. , �
Planning Staff recommends denial of the average lakeshore variances and approval of a
hardcover variance at 31.03 percent hardcover specifically to provide for 115 square feet of
hardcover for retaining walls and 1,130 square feet of hardcover for driveway, conditioned on the
site plan being revised to reflect this level of hardcover.
Whittington stated one of the hardships of the lot is that a slreet runs through their front yard and �
that the piece of property on the other side of the street is not included in the hardcover or
structural coverage calculations. Other hardships related to the property are the two 75-foot
setbacks and the steep slope. Whittington noted the majority of his neighbors have hardcover in
excess of 40 percent.
Mrs.Whittington stated approximately one year ago one of their neighbors was granted a
hardcover variance in excess of 51 percent and noted that she was not aware of the average
lakeshore setback variance until this afternoon.
Whittington displayed a survey depicting the layout of the residence on the lot. Whittington
noted that a shed in the 0-75 foot setback would be removed. Approximately one-third of the
PAGE 7
MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING � , .
� Monday, September 15,2008
6:00 o'clock p.m.
(#08-3378 MICHAEL AND JULIE WHITTINGTON, 1981 FAGERNESS POINT ROAD,
CONTINUED) • .
footprint of the house is being reduced and hardcover is being reduced from 43 percent to 33
percent. •
Mrs.Whittington commented they have reduced the hardcover a couple of times during this
process and that the pool they are proposing is the smallest pool they can put in. Whittington �
indicated this proposal would help improve the neighborhood and benefit the economy.
. Chair Kempf opened the public hearing at 7:35 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 7:35 p.m.
� Bennett commended the applicants for worldng with Staff to put together a reasonable plan but '
� that she does not see the need far a pool to be located within the average lakeshore setback. , �
Mrs.Whittington stated she is unclear why they are being required to meet the average lakeshore
setback.
� Turner sta.ted an on-grade patio�may be built into the average lakeshore setback. •
Mrs.Whittington stated their deck is approximately two feet off the ground. � �• � - .
Turner stated the City's code states that all structures have to comply with the average lakeshore
setback,which would include pools.
Mrs.Whittington noted there would not be any diving boards.
Turner stated the pergola could go out about five feet from the house.
" Mrs.Whittington stated the idea of the pergola was to help block some of the western suri. �
Schwingler commented the plan is an improvement over what currently exists.
Kempf asked whether a lot area variance would be required since a portion of the lot is not .
included in the calculations. .
Turner indicated it would not be required. Turner pointed out that the property is considered two
separate lots and that the other lot is entirely within the 0-75 foot setback,which would prevent
them from building on it. The lot where the house would be located has only one 0-75 foot zone.
Winer asked whether the applicants could have a deck with a hot tub on it extending into the
average lakeshore setback.
Turner stated she would need to get clarification on the hot tub.
PAGE 8
V MINUTES OF THE
_ ORONO PLANNING COMMISSION MEETING .
Monday,September 15,2008
6:00 o'clock p.m.
(#08-3378 NIICHAEL AND JULIE WHITTINGTON, 1981 FAGERNESS POINT ROAD,
CONTINUED) � �
Curtis stated it would depend on the total height of the deck a�d the hot tub. If the structure is
over six feet,it would be in violation of the average lakeshore setback.
Whittington stated the spirit of the ordinance is to protect the views of the lake and that the pool
does not inhibit anyone's view of the lake. .
Curtis indicated the activity that would be associated with the pool is considered as well.
Kempf noted the hardcover is approximately 1500 square feet over what is normally allowed and
that in his opinion the pool consists of a substantial amount of that hardcover.
Mrs.Whittington stated their family is active and that they only have a small amount of room in
the basement to use for recrea�ional space. Whittington indicated they would have increased the
� size of the house if they had lrnowri the pool was going to be an issue. Whittington reiterated that
' a number of their neighbors have been granted hardcover in excess of 40 percent.
Kempf stated he is in favor of Staff's recommendation of 31.03 percent hardcover and that the
City has consistently considered pools as structure.
Turner stated the pool is considered a separate structure from the house and must be separated
from the house by 10 feet and that a patio and/or deck would be attached or considered part of the
house. �
' Bennett stated she views the pool as an accessory structure and that she does not see the need to
_, approve the variance for the pool. Bennett indicated she feels the.31.03 percent hardcover is
workable for this lot.
Kang moved to recommend approval of Application#08-3378,Michael and Julie
Whittington, 1981 Fagerness Point Road,subject to the recommendations of Staff,with a
limit of 2668 square feet of hardcover.
Kang stated it would be the decision of the applicants on how they want to allocate the hardcover.
Turner asked if the applicants would be allowed 31.03 percent hardcover or an additiona1738
square feet of hardcover beyond the 25 percent.
Kang indicated that is right.
Kempf asked whether they could have a pool in front of the average lakeshore.
Kang stated she would not allow the pool or the pergola in front of the average lakeshore setback.
PAGE 9
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15,2008
6:00 o'clock p.m.
(#08-3378 MICAAEL AND JULIE WffiTTINGTON, 1981 FAGERNESS POINT ROAD,
CONTINUED)
• Kang amended her motion,Winer seconded,to recommend approval of Application�#08-,- - .
3378,Michael and Julie Whittington, 1981 Fagerness Point Road,subject to the
recommendations of Staff,with the hardcover on the property being limited to 3,798 square
feet,with the pergola and pool not being allowed in front of the average lakeshore setback,
and to incorporate the recommendations of the City Engineer. VOTE: Ayes 6,Nays 0.
Whittington asked whether they would be able to incorporate pervious materials into their plan to
help reduce the hardcover.
Kempf stated pervious materials could be utilized but that it would not count toward a reduction
in hardcover.
*5. #08-3379 WOLD ARCffiTECTS&ENGINEERS ON BEHALF OF � � �
INDEPENDENT SCHOOL DISTRICT#278,685, 705,765& 795 OLD CRYSTAL BAY
ROAD NORTH, CONDITIONAL USE PERMIT �
Schwingler moved,Bennett seconded,to recommend approval of Application#08-3379,
_ Wold Architects&Engineers on behalf of Independent School District#278,685,705,765,
and 795 Old Crystal Bay Road North,granting of a conditional use permit. VOTE: Ayes 5,
Nays 0.
6. #08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE
PERMIT,7:53 P.M.—8:53 P.M.
Barry Tanner,Applicant,was present.
Turner stated the applicant is requesting a conditional use permit to operate a bowling center in
the basement of the building,with access to the facility being from the south.
Turner noted additional information is required before Staff can make a formal, detailed
recommendation. Staff is requesting the Planning Commission discuss the application as
currently proposed and provide the applicant direction.
Turner stated under the current code,the maximum number of parldng spaces required would be
133. If the existing parking area were shiped,there would be 104 parking spaces. Storage areas,
hallways,restrooms and similar areas of the main level of the building can be excluded from the
parldng requirement.
Other issues the Planning Commission should discuss are hours of operation,noise,trash,
lighting, signage, and screening. The neighbors have expressed concerns regarding lighting and
noise. Staff is recommending that a lighting plan be provided that would provide adequate
lighting during business and non-business hours while not encroaching on the residential
neighbors. In addition, a signage plan should also be provided.
PAGE 10
y MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15,2008
� 6:00 o'clock p.m.
(#08-3381 BARRY TANNER,3435 SHORELINE DRIVE, CONTINUED)
Turner stated as it relates to screening of the parking lot,to the south there is ten feet between the
edge of the parking lot and the property. The adjacent townhouses have a privacy fence for most
of the length of the common lot line. There�are also a number of large trees on the townhouse
property. Because they shade the setback area,it would be difficult to add screening trees in the
setback area. The privacy fence should be extended to the right-of-way of Kelly Avenue to
block headliglits and discourage trespassing. The parking lot screening should be reviewed if the
townhouse fence is removed or if significant trees on the townhouse property are removed.
The City Attorney has indicated it would be appropriate to require property maintenance on the
portion of the property to be used by the bowling alley as a condition of the conditional use
permit. Staff has identified certain areas that require attention which are outlined in Sta.ff's
report. The applicant should also address trash and recycling.
� Tanner requested that the neighbors be given the opportunity to speak prior to him addressing the
•. _ •• Planning Commission. �
Turner read a letter from Barry Tanner to the City dated August 30,2008. Tumer noted this letter
is included in the Planning Commission packet for this application. Turner pointed out the beer
and wine license is not regulated by the zoning code and is not part of tonight's discussion.
Chair Kempf opened the public hearing at 8:06 p.m. � '
Kempf suggested the Planning Commission address the various issues and then allow the public
to comment on the items. '
Tanner addressed the Planning Commission regarding his proposal,noting that at the last
Planning Commission meeting they discussed possible hours of operation as being from 10 a.m.
to 10 p.m. Sunday through Thursday and Friday and Saturday 10 a.m. to 11 p.m. Tanner
indicated the opening time might start later depending on his clientele and that he is okay with the
ending times. Tanner noted he has spoken with the neighbors regarding his application and that
he believes the neighbors are agreeable with those hours of operation.
Kempf commented in his view this would be an asset to the community but noted that the - � •
Planning Commission would be cognizant of the concerns of the neighbors in making their
recommendation on this application.
Sylvia Bertagnoli, 2499 Kelly Avenue,indicated she would be okay with the hours of operation
as proposed but would be opposed to any later hours. Bertagnoli commented Mr.Tanner has
been very willing to cooperate with the neighbors and is easy to work with.
� Tanner illustrated on the overhead the location of the homes of the various residents at the
meeting in relation to the bowling center.
Dick Edwards,2480 Carman Street,stated he has resided in this area for a substantial period of
time and that his biggest concern is the noise and lighting that has come from this site.
PAGE 11
MINUTES OF THE
ORONO PLANNING COIVIMISSION MEETING
Monday, September 15,2008
6:00 o'clock p.m.
(#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONTINUED)
Kempf asked whether the noise emanated from the parking lot specifically.
Dick Edwards indicated he�is unsure where the noise came from.
Tanner stated there should only be minimal noise emanatirig from this business to the outside and
;_, _, , that he would be happy to erect signs in the parking lot reminding the patrons to be quiet.
, Kempf commented in light of the smoking ban,there would be patrons that would congregate
outside in the parking lot,which could potentially generate some noise. .
Sandy Lindgren,2501 Kelly Avenue, commented the noise is their biggest concern.
Bertagnoli stated the noise tends to carry across the lake. _
Tanner noted there are other businesses in the area which could be generating some of the noise,
in addition to the noise from the traffic.
Turner asked whether there would be an outdoor eating area.
Tanner stated there would not be. � �
Turner suggested there be a designated smoking area.
Kempf asked how the trash would be handled.
Tanner pointed out the location of two garages on the site and indicated it is his intent to rent a
portion of one of the garages for storage of the trash, and if that is not possible,he would store it
in the upstairs parking area of the building.
Lindgren stated they are bothered by the backup noise generated by the trash removal companies
serving Lunds and requested that the trash pickup not be during the middle of the night or early
morning hours.
(Commissioner Winer is no longer present.)
Tanner indicated he would speak with the waste management company to see what time trash
pickup would be and whether they could accommodate the concerns of the neighbors as it relates
to early morning pickup.
Turner stated Staff would prefer the trash not be picked up during the early morning hours.
Tanner stated as it relates to lighting,he would like to install lighting for safety and security and
that he is unsure whether what currently exists is sufficient and complies with city code.
Kempf noted he did view the lighting fixtures in the parking lot and that there are two large lights
that are not shaded or directed down, along with two others located on the building that are not
PAGE 12
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� � MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING .
Monday, September 15,2008
6:00 o'clock p.m.
(#08-3381 BARRY TANNER,3435 SHORELINE DRIVE, CONTIlViT�D)
shaded. Kempf commented in his view that lighting would need to be changed and possibly be
lowered from the 25-foot height that they are presently at. Kempf stated he would like to see a •
lighting plan submitted.
Bertagnoli stated they would prefer the lighting not shine onto their property.
- Turner stated it appeared from her visit to the property that two of the lights were fairly new and
were designed to come on at nighttime and go off at daylight.
Tanner stated he would not be opposed to directional lighting and shaded lighting.
Tanner stated to his understanding he is limited to a certain size of sign based on the size of the
building and that he would be complying with that limit.
� � Kempf asked`whether there would be a lit sign at the entrance of the building.
Tanner stated he is unsure at this time what type of signage would be at the entrance to the
. building,but that if there was a lit sign at the entrance,it would be turned off when the facility
was not in operation.
Bertagnoli stated they do not have a concern with the signage. As it relates to the parldng lot �
screening,they would prefer some privacy and some type of screening that would prevent patrons
of the bowling alley from going onto their property. Bertagnoli stated they would like the trees to .
be preserved and that they would be agreeable to an extension of their wooden fence.
Tanner noted a maj ority of the south property line is fenced currently.
Lindgren suggested the fencing be extended to Kelly Avenue to help eliminate headlights from
shining into their residences.
Tanner noted there is a 6-foot fence located on top of a berm currently but that it is doubtful he
would be able to extend it all the way down to Kelly.
Kempf recommended the applicant determine a specific point for the fence to end prior to the
next meeting and depict that on his plan. .
Curtis noted the code states that wherever a B-1 retail sales district abuts an R district,along the
side or reaz lot line, a fence or compact evergreen hedge,no less than 50 percent opaque,nor less
than six feet in height, shall be erected along the abutting line except in the required front yard.
Tanner noted the fence exists on the residents' properties.
Kempf asked whether the code would require the fence to be extended to Kelly.
Curtis stated the City's code would not require that.
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� .
NIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2008 .
6:00 o'clock p.m.
(#08-3381 BARRY TANNER,3435 SHORELINE DRIVE, CONTINUED)
Tanner stated they could also erect a sign on the fence designating the property as private and no
• trespassing. - �
Kempf noted there are four items listed under property maintenance.
Tanner indicated he is in agreement with making those improvements if his application is
, n approved and that he would employ professional people to maintain the property on a regular �
basis. � � ' '
Bertagnoli commented she has confidence that Mr.Tanner will do as he says,noting that he
already has taken steps to remove some of the old cars on the property.
Turner noted the code requires six parldng spaces for each bowling lane and one space for every
150 square feet of the main level. Turner stated the total square footage of the building would not
need to be included and that storage areas,hallways,`restrooms,and similar areas could be
excluded from the parking requirement. •
• Tanner commented in his view 60 parking stalls would be a bit excessive for this type of -
business. �
� Kempf stated he would like to see an elevation view of the finished plan as well as a lighting and �
signage plan.
Bertagnoli asked how they can be assured that the number of vending machines would be limited
to several as stated in Mr.Tanner's letter.
Turner stated a maximum number of pool tables and vending machines could be specified in the
conditional use permit.
Bertagnoli asked what a small ldtchen means.
Tanner stated he envisions having a microwave or a small oven to enable them to cook
sandwiches and pizzas and that it would not be a full kitchen.
Bertagnoli expressed a concern regarding the venting.
Turner stated that Staff could look at incorporating language regulating the extent of the kitchen.
Bertagnoli expressed a concern regarding loitering after the bowling center closes.
Tanner stated he could erect a sign stating no loitering.
Bertagnoli stated she also would be opposed to a table being provided for the smokers and
expressed concern about the noise that would be generated from patrons leaving the facility at
closing time. �
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' 1VIIlVUTES OF THE �
. ORONO PLANNING COMiVIISSION MEETING .
� Monday,September 15,2008
6:00 o'clock p.m.
(#08-3381 BARRY TANNER,3435 SHORELINE DRIVE, CONTINUED)
Berg commented it would be difficult to control all the noise. �
Bennett asked whether a certain number of employees would be required on site.
Turner stated that would be part of the liquor license.
� Lindgren noted that taldng a left onto County Road 15 could be difficult.
Kempf commented it is also difficult to exit left from Lunds.
Kempf read a letter from Crreg Berta.gnoli,2497 Kelly Avenue,noting his concerns regarding the
close proximity of the bowling center to his residence.
Turner noted the next meeting on this application would be Monday, October 20`�'.
. '" Berg moved,Schwingler seconded,to table Application#08-3381,Barry Tanner,3435
Shoreline Drive. VOTE: Ayes 5,Nays 0.
PLANNING COMMISSION COMI��NTS
7. REPORT OF PLANNING COIVIlVIISSION REPRESENTATIVES ATTENDING
. � COUNCIL MEETINGS AUGUST 25,2008,AND SEPTEMBER 8,2008 �
Kang stated the August 25,2008 City Council meeting was extremely short and lasted
approximately 10 minutes.
Kempf stated he attended the September 8, 2008 City Council meeting and that the City Council
commended the Planning Commission for their diligent work on some of the difficult
applications that have been submitted lately.
8. OTHER ISSiTES FOR DISCUSSION
None �"
9. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL
MEETINGS ON SEPTEMBER 22,2008,AND OCTOBER 13,2008
September 22,2008—Kempf
October 13, 2008—Schwingler
November 10,2008 -Bennett
PAGE 15 .
MINUTES OF THE
. ORONO PLANI�TING COA�IlVIISSION MEETING .
Monday,September 15,2008
6:00 o'clock p.m.
ADJOURNMENT
Berg moved,Bennett seeonded,to adjourn the Orono Planning Commission meeting at
8:55 p.m. VOTE: Ayes 5,Nays 0. '
� Ralph Kempf, Chair .
PAGE 16