05/17/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, MAY 17, 2004 6:00 o'clock p.m. and,to recommend denial of a hardcover variance to reduce the existing 29.48% hardcover within the 75'-250' zone to 28.31%where 25% is normally allowed and to ask the applicants to reconfigure the proposed driveway(or other hardcover)to meet the 25% hardcover requirement. VOTE: Ayes 7,Nay 0. 14. #04-3016 HENRY LAZNIARZ OF WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH, SUBDIVISION,PUBLIC HEARING(10:29-11:02 p.m.) Gaffron presented the proposed 7-lot residential plat(PRD)of property abutting the Luce Line Trail and Long Lake Creek. This property was the subject of extensive reviews by the Planning Commission and Council during the period 1999-2001. A variety of schemes ranging from 4 lots to 7 lots had been proposed,but the ultimate result was denial based on the lack of suitable access to the site. The proposal includes a private cul- de-sac road that accesses from Brown Road South. The proposal includes obtaining municipal water and sewer from the City of Long Lake. Legal actions taken by property owners,the Van Eeckhouts,resulted in findings filed on May 5,2004. City Attorney Tom Barrett reviewed the findings and concluded they indicate the existing access easement does not provide suitable access meeting all regular City requirements for subdivision. However,Mr. Barrett suggests that the City proceed with review of the application through the preliminary plat approval stage. If the developer ultimately cannot meet the conditions imposed by the City for final plat approval, final plat approval will not be granted. In staff's opinion,the property is a candidate for development as a PRD, due the physical nature of the property. There are only 14 non-wetland, dry buildable acres that are proposed to be subdivided into seven (7)lots. The seven home sites are proposed to be clustered within an area roughly 300' by 500', on the high knoll in the westerly quadrant of the property. Gaffron indicated the proposed individual lot lines will go all the way to the property boundary and emphasized that no open space outlots are proposed.This is not typical of what the Planning Commission has seen in prior approved PRD's,where there were outlot open spaces. Gaffron pointed out that with a larger, open space outlot,the perceptions of trespass are different than when the area is in individual lot ownership. The issue of individual lot ownership versus larger open space areas owned in common is one that the Planning Commission needs to determine. Gaffron advised the proposed PRD for residential purposes would be in conformity with the Community Management Plan(CMP)as long as density standards are met, that is, a density at 1 unit per 2 acres. He anticipates the perceived density of the clustered, compact layout of perhaps 2 units/acre with individual lots that actually range in gross area from 1.05 acres to 3.90 acres. Gaffron advised the individual lots do not meet all lot size or setback requirements of the R-1B District. The proposed 35' front and 10' side setbacks are typical of Orono's 1'acre zones. Gaffron observed that the proposed site layout and lot standards makes more sense than prior submittals as it no longer proposes long,narrow back lot necks with poor driveway patterns. Now it is a very clustered, compact development. Gaffron referred to the MnDNR comments in Exhibit H, supporting the conservation area and expressing reservations about individual lot's private access to the Luce Line trail. Gaffron continued he review the significant Subdivision Review points addressed in the Staff Report, dated May 14, 2004,noting its highlights. Included are 7 Issues for Consideration to be addressed by the Planning Commission and providing direction to staff and the applicant. Gaffron indicated that any recommendation for Page 33 of 40