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HomeMy WebLinkAbout02/17/2009 Planning Commission Minutes i ,, ,e MINUTES OF THE ORONO PLANNING COMMISSION MEETING February 17,2009 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 Loren Schoenzeit,Kim Kang,Tess Rice, and David Rahn. Representing Staff were Planner Evelyn Turner,Planning and Zoning Coordinator Melanie Curtis,and Recorder Jaclde Young. City Council Representative James White was present. � Chair Kempf called the meeting to order at 6:02 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item No. 3 was added to the Consent Agenda. Chair Kempf opened the public hearing at 6:04 p.m. There were no public comments regarding Item No. 3. Chair Kempf closed the public hearing at 6:04 p.m. Rahn moved,Kang seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5,Nays 0. *1. APPROVAL OF PLANNING COMNIISSION MEETING MINUTES OF JANUARY 20, 2009 � Rahn moved,Kang seconded,to approve the minutes of the January 20,2009,Planning Commission meeting as submitted. VOTE: Ayes 5,Nays 0. NEW BUSINESS 2. 09-3391 DAREN C.MARHULA,2100 SFiADYWOOD ROAD,VARIANCE,6:05 P.M.— 6:23 P.M. Daren Marhula,Applicant,was present. Curtis stated the applicant is requesting a lot width and 75-250' zone hardcover variances in order to redevelop the existing lot with a new single-family residence. The property owner is proposing to remove the existing home and garage and redevelop the lot with a new, flat-roofed, single family home,two-car attached garage, and single-car detached garage. The home is proposed to be 2,690 square feet with a 193 square foot detached one-stall garage,which is located in the 250-500 foot zone. Due to the width of the existing lot of record,a lot width variance is required. The property owner is also requesting a hardcover variance within the 75-250 foot zone. In addition,the applicant is proposing a 25' x 15' deep patio on the lake side of the home,which includes stairs, as well as a large,walled planter and a lower patio that is situated almost completely underneath PAGE 1 MINUTES OF TI� ORONO PLANNING COMMISSION MEETING February 17,2009 6:00 o'clock p.m. the home. These features, including driveway and sidewalk account for 28.4 percent hardcover within the 75-250 foot zone. According to hardcover policy,the additional concrete hardcover located near the lake has been applied toward the 75-250 foot zone resulting in a level of 4,037 square feet or 29.5 percent hardcover in this zone. The staircase is considered allowed hardcover within this area and has not been applied toward the 75-250 foot zone. Staff finds the proposal is reasonably sized, fits into the immediate neighborhood,and appears to meet the height requirement. It also does not adversely affect the drainage on the property. Staff would recommend a reduction in the width of the stairway to the minimum width of four feet. Planning Staff recommends approval of the application. The plans should be revised to reflect a reduction in the patio stair width to address excess hardcover. Kempf asked whether the issue raised by the City Engineer has been addressed. Curtis stated Staff did recommend the applicant not revise his plans prior to the meeting in the event the Planning Commission requested some revisions. Staff is confident the issue raised by the City Engineer will be resolved prior to the Council meeting. Marhula noted the proposal reduces the hardcover on the lot by over 2,200 square feet and that he does not feel the width of the stairway is excessive. Marhula commented he has not maxed out his structural coverage and that in his opinion the reduction in the width of the stairway by 78 square feet would negatively affect the aesthetics of the house and yard. Rahn noted the stairway would require a handrail and asked if there is an issue with the handrail regarding the average lakeshore setback. Curtis stated the maximum height is 42 inches high within the average lakeshore setback and that she is unsure whether the railing would be that high. Marhula stated the lakeside point of the planter is lower than 42 inches. Curtis illustrated the location of the average lakeshore setback. Rahn asked whether everything in front of the planter towards the house was below 42 inches. Marhula indicated it is. Rahn asked whether the planter was included in the hardcover calculations. Curtis stated the planter and the retaining walls are included in the hardcover. Rahn concurred that the stairway is an integral part of the design and asked whether the hardcover could be reduced in another area. Marhula stated he has worked on the plans for over a year and that he prefers not to have to revise his plans again. Rahn asked whether the concrete down by the lakeshore would be removed. PAGE 2 , � MINUTES OF THE ORONO PLANNING COMMISSION MEETING February 17,2009 6:00 o'clock p.m. Curtis stated the applicant is not proposing to remove that and that Staff has applied it towards the 75-250 foot zone. Turner stated it is her belief the concrete is a nonconfornung structure. Rahn stated typically the Planning Commission would not allow anything in the 0-75 foot zone and that he would be willing to allow the 78 square feet of the sidewalk if the concrete is removed in the 0-75 foot zone. Curtis stated the two concrete areas comprise 161 square feet. Marhula commented it is a concrete slab and that it has existed since at least 1981. Kempf asked whether it is used to store docks. Marhula the lower part is used to store the docks and the upper area is utilized as a sitting area. Rahn asked whether Staff would be okay with removing the hardcover in the 0-75 foot zone and leave the width of the sidewalk as proposed. Curtis indicated that would be okay. Kempf stated he concurs with Commissioner Rahn. Rahn commented that this is the Planning Commission's opportunity to review the hardcover on the entire lot and that the concrete in the 0-75 foot zone is not necessary. Rahn stated Staff is unsure whether it is a legal nonconforming structure. Schoenzeit noted typically the Planning Commission does not allow hardcover in the 0-75 foot zone and that in his opinion the hardcover should be removed. Kempf noted elevations of the garage have been provided and asked how it would be situated in relation to the house. Marhula stated the proposed garage would be set further back on the lot and that the existing garage encroaches across the property line. The intention is that the garage would be constructed of materials similar to the house. Marhula illustrated the location of the existing garage and the proposed location of the new garage. Marhula stated as it relates to the issue raised by the City Engineer,it was an error on the part of his architect and that the retaining wall should be six inches higher,which is a simple change that can be made. Marhula asked if the Planning Commission is requesting the entire concrete slab be removed. Kempf stated he would propose that the two concrete slabs located within the 0-75 foot zone be removed. Marhula noted there is a retaining wall in that area that would need to remain. PAGE 3 . � MINUTES OF THE ORONO PLANNING COMMISSION MEETING February 17,2009 6:00 o'clock p.m. Chair Kempf opened the public hearing at 6:20 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 6:20 p.m. Kempf moved to recommend approval of Application#09-3391 Daren C.Marhula,2100 Shadywood Road, granting of a lot width variance and a 75-250 foot zone hardcover variance in order to construct a new single-family residence,detached garage, and patio,subject to the removal of the two concrete slabs located within the 0-75 foot zone,with the understanding the retaining wall located within the 0-75 foot zone will be allowed to remain,and subject to the detached garage being constructed of same or similar materials to the residence. Marhula noted the retaining wall may need to be replaced with a new retaining wall if the integrity of the retaining wall is compromised by the removal of the concrete. Curtis stated Staff would review that issue prior to bringing the application to the City Council. Rice seconded the motion. VOTE: Ayes 5,Nays 0. 3. #09-3397 CITY OF ORONO,75 AND 85 FERNDALE GREEN,REZONING Rahn moved,Kang seconded,to recommend approval of Application#09-3397,City of Orono,75 and 85 Ferndale Green,rezoning from Single Family Rural Residential—1B to Single Family Residential—lA. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 4. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JANUARY 26,2009 AND FEBRUARY 9,2009 Rice reported on the January 26, 2009,City Council meeting, and noted that the senior assisted living center application was well received by the Council and that they felt it was a good use of that site. Rice noted that the former mayor of Spring Lake Park was recognized at the meeting. Kang reported on the February 9,2009, City Council meeting,and noted that the majority of the planning commission items were placed on the Consent Agenda. 5. OTI�R ISSUES FOR DISCUSSION Kempf commented the two houses recently erected on Rest Point Road appear high but noted that they did not require any variances. PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING February 17,2009 6:00 dclock p.m. White stated the height of residences can be an irritant to the neighbors and commented that the City should take the height of the residences and how it fits in with the rest of the neighborhood into consideration regardless if it requires a variance or not. White noted there is a city in California that requires the roof to be stepped if it exceeds a certain height, which could be an option. Kempf asked how high the roof is on the house that was discussed tonight. Curtis indicated it is approximately 28 feet high. Kempf asked if the patios were included in the structural coverage. Curtis stated they are not and that they are viewed differently under the statutes. 6. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON FEBRUARY 23, 2009,AND MARCH 9, 2009 February 23, 2009—Kempf March 9, 2009—Kang ADJOURNMENT Kempf moved,Rahn seconded,to adjourn the Orono Planning Commission meeting at 6:35 p.m. VOTE: Ayes 5,Nays 0. � % .'� R��� �Kempf, Chair � PAGE 5