07/15/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 15,2013 6:30 o'clock p.m. this situation must ultimately be determined by the Planning Commission and City Council. On two occasions in the past,the City has determined that the lot should not be built upon. Gaffron indicated that in the resolution approved in 1978,the Council adopted a number of findings supporting denial. The current applicant claims in his practical difficulties statement that those findings include"numerous gross errors and mistruths,"but does not provide any supporting evidence or detail regarding this claim. Staffs responses to those errors and mistruths are outlined in the report. Gaffron stated as it relates to consistency with Orono's Comprehensive Plan, Exhibit Q is an excerpt from the Land Use Plan element of the 2000-2030 Community Management Plan. The Land Use Goals and Policies established in the CMP are further supported by similar goals and policies throughout the Environmental Protection Plan element. In each case,the City's philosophy has been to limit development density for the protection of Lake Minnetonka,to limit changes to the lakeshore,to protect lakeshore vegetation and to avoid overloading the natural surface water drainage and filtration systems. Gaffron requested the Planning Commission review Exhibit Q and other sections of the CMP. He noted the sections generally do not support the development of substandard property that leads to excessively high densities near the lakeshore. As it relates to the conditional use permit, Gaffron stated that Section 78-1286 prohibits grading, filling, or excavating more than 10 cubic yards of material within 75 feet of the lake. Because the proposed site grading plan will involve more than 10 cubic yards of earth movement within 75 feet of the lake, a conditional use permit and variance are required. The grading plan involves excavating for the new house foundation, fill lakeward of the house to alleviate drainage issues, and grading swales on either side of the house and within the right-of-way of Orchard Beach Place to direct runoff past the house and driveway. The proposed grading plan places the southeast corner of the ground floor of the house about two feet above existing grade and the northwest corner of the house about 2-1/2 feet below existing grade. The lower level is a story,not a basement, and the house proposed is,by definition, a two-story house with a defined height of 23 feet and a peak height of 29 feet. Gaffron noted the applicant would be required to adhere to the City's erosion control regulations as well as the permitting requirements of the Minnehaha Creek Watershed District. The applicant's grading plan does not appear to create unstable slopes and results in slopes that are flatter than 3:1. There are no alterations being proposed below the ordinary high water level of Lake Minnetonka. Gaffron noted there are some potential impacts to the adjoining property to the west and north associated with construction of the new house but there are not inherently likely as a result of grading into the base of the steep slope and creation of swales along the westerly site boundary. In addition,there is a risk to a number of protected trees on the property as a result of the grading. Gaffron noted there are a number of letters from neighbors included in the Commissioners' packets that clearly suggest the neighborhood does not want this property to be granted variances to make it a buildable lot. Gaffron noted an additional e-mail was received this morning from the owner of the property located at 1530 Orchard Beach Place indicating his opposition to the project. Gaffron requested the Planning Commission review the summary of pertinent issues and potential findings included in Staffs report. He indicated it is Staffs finding that development of this property with a single-family residence would have negative impacts on the character of the neighborhood,which Page 12 of 23