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HomeMy WebLinkAbout06-25-2018 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh,City Council Members Richard Crosby,III,Wendy Dankey,Aaron Printup,and Victoria Seals. Representing Staff were City Administrator Dustin Rief,Community Development Director Jeremy Barnhart,Finance Director Ron Olson,City Planners Melanie Curtis and Laura Oakden,Public Works Director/City Engineer Adam Edwards,City Attorney Amy Schutt,and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JUNE 11,2018 2. CLAIMSBILLS 3. APPROVAL OF RENTAL LICENSES 4. APPROVAL OF GARBAGE HAULER LICENSES 5. DONATED SICK LEAVE POLICY AMENDMENT 6. AUTHORIZATION TO REFUND ESCROWS 7. APPROVAL TO DISPOSE OF FORFEITED VEHICLE 8. CAPITAL PURCHASE OF NEW RADIOS AND ACCESSORIES 9. PUBLIC WORKS MAINTENANCE WORKER COMPENSATION ADJUSTMENT 10. LONG LAKE RAVINE STABILIZATION 11. APPOINTMENT OF 2018 SEASONAL EMPLOYEES 12. LA18-25—3625 TOGO ROAD,FINAL PLAT—RESOLUTION NO. Crosby moved,Printup seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5,Nays 0. Walsh moved,Crosby seconded,to add Item No. 16 to the regular City Council agenda,purchase of fire truck. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS None Page 1 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT 13. LA18-42—TEXT AMENDMENT: CHAPTERS 78 AND 82 PUBLIC HEARING NOTIFICATION DISTANCE AND SUBDIVISION REQUIREMENTS ORDINANCE NO.211,THIRD SERIES Barnhart stated this item relates to a proposed ordinance to alter the notification distance for public hearings from 350 feet to 500 feet. State statute requires notification of property owners within 350 feet for zoning ordinance amendments. Within the zoning and subdivision chapters,the City also requires a public hearing for all conditional use permits,variances,rezoning requests,comprehensive plan amendments,wetland and subdivision requests. T'he intent of the notification radius is to inform those property owners that are more likely to be directly impacted by a proposal. All interested parties are notified via the notice in the official paper and on the City's listserv/website. The City Council should consider the following: 1. How residents hear about public hearings and how many give input. 2. The increased cost for postage and mailings. 3. The impact an application might have on an abutting neighbor versus a neighbor 500 feet away. The Planning Commission discussed the proposed ordinance and found the existing distance to be sufficient. The Planning Commission unanimously voted to deny the proposed text amendment. To date,no public comments have been received. Walsh noted this recommendation came out of the development review committee as a result of the varying lot sizes throughout Orono. Walsh stated the thought was that 500 feet might be more encompassing and bring more people into the application. Seals commented the ordinance makes sense and that there have been times in the past when people were unaware of a project going on in their neighborhood. Crosby stated he is comfortable with the ordinance. Dankey stated in the Casco Point neighborhood it would encompass quite a few properties but in other areas it would maybe cover one or two properties. Dankey asked whether the notification radii can be adjusted according to lot size. Barnhart indicated the Council could do that if they would like but that it would become more challenging to Staff to administer it fairly and equitably. Staff felt impacted property owners should be invited to the public hearing and that 500 feet is a good distance,especially in some of the more dense neighborhoods. Barnhart stated everyone has a right to comment but sometimes the City Council wants to hear more directly from the neighbors that are more impacted than those further away. Barnhart stated the Council will need to weigh comments from an adjacent neighbor versus someone who is further away. Barnhart noted Orono exceeds state statute by requiring a public hearing for a variance application. Page 2 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 13. LA18-42—TEXT AMENDMENT: CHAPTERS 78 AND 82 PUBLIC HEARING NOTIFICATION DISTANCE AND SUBDIVISION REQUIREMENTS ORDINANCE NO.210,THIRD SERIES—Continued Printup commented the ordinance fits in with what the City Council has talked about with communication with the residents and that he is in favor of the ordinance,especially when something controversial is going on in the area. Printup stated it is another tool the City can say that they are trying to let people know what is going on. Crosby indicated he concurs with Council Member Printup but that the Council and Planning Commission will need to weigh the comments. Dankey noted the ordinance would also result in more cost to the applicants. Barnhart stated the fee has been adjusted so the City absorbs those costs and that it would be nominal. Mayor Walsh asked if anyone from the public would like to comment on this item. There were no public comments regarding this application. Printup moved,Seals seconded,to adopt ORDINANCE NO.210,Third Series,an Ordinance Amending Title IV Land Use Pertaining to Public Hearing Notification Distances,and to approve the summary ordinance,SUMMARY ORDINANCE NO.211,Third Series. VOTE: Ayes 5,Nays 0. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN Paul Vogstrom,Applicant,was present. Curtis stated the owners are requesting input on a sketch plan proposing to create a new lakeshore lot between their Walters Port home and the Hueler property at 2715 Pence. Because the property as it exists today results from the recent combination of 2709 Walters Port Land and the recently acquired 2710 Pence Lane property,a subdivision rather than a lot line rearrangement is necessary. This application was discussed last week at the Planning Commission meeting. As proposed,there are a number of unresolved issues,some of which result in nonconformities and the need for variances. The following is a summary of the issues: A. The existing private driveway is conforming as it serves only two homes. The addition of a third lotJhome served triggers the Code requirement for a 24-foot wide,private road within a platted 50-foot outlot,with a 100-foot cul-de-sac. The applicant is showing a private driveway with two gates and an emergency access connection to Walters Port Lane for police,fire,and ambulance access. This driveway does not meet Code standards to add a third lot. B. Without creation of a platted outlot for a private road,proposed Lot 2 will be a second back lot, where the Code allows for a maximum of one lot to be a back lot. In addition,Lot 2 as shown Page 3 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued does not meet back lot standards in regards to meeting 150 percent of the district area and setback requirements. The lot is shown as 1.0 acre and 140 feet wide. C. Lot 2 shows a building envelope which encroaches significantly into the average lakeshore setback. The"grandfather"status of the previous Haberman home is no longer relevant as the properties have been combined into one. A newly created lot must demonstrate a conforming building envelope. The Planning Commission reviewed this sketch plan at their June meeting and comments were received. The Commission provided feedback to the applicant and the applicant has provided a plan that responds to some of the direction given. This plan has not been fully reviewed by Staff and additional comments were received this weekend and earlier today and should be entered into the record. Copies of those comments have been provided to the City Council. Many of Staff's comments are consistent with the applicanYs previous sketch plan application reviewed by the Council in August of 2017. Feedback by the fire chief and police chief should be incorporated into their preliminary plat application. The following written comments were received: Elizabeth Reese-Marton: "Hi, Sue. I'd like to address my two concerns: water and turnaround area for WP. (1) In the past the Nelson-Crosby property was the lowest point on the lawn by the lagoon. Nelson regraded and one of the three next owners also raised it and now my property by the lagoon and my lawn is the low point. I'm not happy about it,as a severe rain can flood parts of it. I know your landscaper is trying to protect further flooding for the Crosbys and that is a big concern,but I also don't want more water shifted to my yard. Please talk to your landscaper and get assurances that any runoff will not be in the Reese-Marton yard. I'm sure it can be worked out. (2) I'm also concerned that the turnazound area for trucks on Walters Port is not adequate. As you know, I'm disappointed that you're leaving Walters Port. It's always been my thought that Walters Port and Pence should become one,but guess it's too late now. I'm happy for you and Bill as you have worked together with us on your plans and dreams,but it also means a lot of changes for all of us. I hope it all turns out well for the two of you and for us(your neighbors). Good luck!" Patricia A.Morris, 2697 Kelly Avenue: "Melanie,please pass this to the CounciL I am having a very hard time understanding why variances were granted in the first place to build an addition onto a home that was already out of character for this neighborhood. Where was the hardship for this? Now they want to split off a non-conforming lot to build another 7,000 square foot home that will require numerous variances? Any encroach the sightlines of the neighboring property? Again,what hardship does this present? They were told that this would be a problem when they combined their property with the Page 4 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Haberman property but that did not seem to deter them. It has always been my understanding that any new build had to conform to City Code. I do remember a few years back when one of my clients requested eight additional feet so they would not have to look at an illegal fireplace on the neighbor's property. They were told in no uncertain terms that the answer was no and Orono will never grant a variance to build anything in the 0-75. Dunkleys' property is already too close to the lake and so is the addition. So this must mean that now anyone can get a variance to do whatever they want in Orono? Dunkleys' property is directly in my sightline and I certainly do not want another structure when their home is already too large for this neighborhood." Bill and Sandra J. Keegan,2707 Walters Port Lane: "Dear Melanie Curtis. We are in favor of most of the pond/wetland improvements that were proposed at the neighborhood meeting this past June 13`�'. There wasn't very much discussion on the Lot 2 split other than right now access would be on Walters Port Lane with hopefully switching that to Pence in the future. Our concerns have to do with drainage into our property. Since the rebuilt 10 years ago of the Dunkley property,we have had washout from their driveway into our property on the south side and also down our driveway. Our concern is that extending Walters Port Lane to access proposed Lot 2 would cause further runoff down Walters Port Lane as it is a hill and there will be increased hardcover. On the proposal there is a berm where there are presently pavers on the road. The landscaper indicated this might help divert the water away from our property but pavers would need to be removed. Sue Dunkley indicated she did not want to remove any pavers. We are also getting runoffbehind our garage and don't think the berm would solve this issue. We would like to see this remedied as soon as possible. This project has changed the character of the neighborhood. It is much closer to us than we thought it would be and does surround our home. We understand that this is the Dunkleys dream so we have tried to be good neighbors. Unfortunately we are unable to come to the Council meeting tonight. Any questions,please call. Thanks for your time." Janice Berg: "Melanie,as someone who has served on the Planning Commission for many years, I find the above-referenced application very troubling. The request for variances and exceptions regarding building site,average lakeshore setback,creation of back lots and driveway access require the City to make many exceptions to City Code. 1. I see no hardship as the owner created this situation when they combined the two lots into one to build a large addition on their existing home. 2. Tearing down a home,City looks to make the new lot conforming to Code. 3. Three homes on a private driveway has been discouraged. 4. Creation of back lots has always been done not to create nonconforming properties. Page 5 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 dclock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued 5. This property should not be considered a point but the natural shoreline of the lake. With this request I think the City needs to consider the setting of precedents that ultimately could cause more requests for this type of application,requesting more exceptions to our City Code. I respectfully submit my thoughts on this application. Thanks." Curtis stated the City Council should discuss the issues outlined in Staff report and provide direction to the applicant. Paul Vogstrom,Applicant,stated they received some great feedback last week at the Planning Commission and that they are looking for feedback on the average setback,emergency access,and a new outlot on Pence. Vogstrom indicated they are open to turning the private drive into an outlot and that currently they are proposing that Walters Port go straight through. Vogstrom indicated he did talk to Melanie Curtis briefly today about having Walters Port be the outlot to service Lot 2,which the City Council may want to comment on,or another option would be to have the outlot off Pence and eliminate the back lot variance. Vogstrom stated they will be working with the surveyor and engineer over the next few weeks to resolve some of those issues. Vogstrom stated since the lot has been combined,it is somewhat irrelevant where the old home used to be,and that they have pushed the proposed house back so the view from the Hueler's is not obstructed. Vogstrom indicated he did provide some pictures today to Staff. Curtis displayed aerial photographs of the area. Vogstrom indicated the first photograph shows the house before it was removed. Vogstrom stated it does not make sense to have a home sitting in front of everyone else but that is kind of how this lot is shaped. Vogstrom noted the second photograph shows the heavily wooded area and the new Lot 2. Vogstrom stated the green line depicts where the old home was and that they are proposing the new home for Lot 2 to be 17 feet back from there its closest point. The new home then goes back further as it angles off to the west. Vogstrom noted the view from one window in the Hueler's home would be obstructed by the new home. Crosby asked if the home will be within the 75-foot setback. Vogstrom indicated it will meet the 75-foot setback but that the average lakeshore setback will cut through the house. Greg and Kelly Hueler,Pence Lane. Kelly Hueler,2715 Pence Lane,stated they are the neighbors directly impacted by the proposal and that they have been in front of the Council and Planning Commission previously as this process has unfolded. Hueler stated it is their understanding that the City Code that is in place is to be equitably administered to all neighbors and all citizens of Orono. Hueler indicated they took five years in researching where they Page 6 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued wanted to live on the lake and that they specifically chose Orono because they felt comfortable in the City's planning process and their protections of the lakeshore. Hueler stated when they lived on Kelly Avenue,they had to adhere very carefully to the average lakeshore setback and that they accepted that. Hueler stated at this point their concerns are that when the property was combined,the Dunkleys were provided a significant number of variances to build the house. Hueler stated the Dunkleys knew if they combined those two parcels,they would have to request a subdivision and that they are simply asking that this situation be treated the same way as other residents have been treated. Greg Hueler stated they have been negatively impacted by this in a host of ways and that the last phone call he had with Mr.Vogstrom was that the majority of the trucks would be using Walters Port. Hueler stated to his understanding there has not been a single truck that has gone up Walters Port and that at times their driveway has been impassable due to mud. Hueler stated there have been a number of times where trucks have blocked their driveway entrance and that it got so bad last week that his son had to call the police. The police indicated they would make sure it does not happen again. Hueler commented these are the things that are immediately impacting them personally. Hueler stated they are most concerned if this gets approved about what it will do for others who want to do the same thing. Hueler stated they are also concerned about the shoreline and questioned why some people are allowed to not follow the rules and build a house in someone's sightline. Hueler noted it was the Dunkleys' choice not to leave the existing house. Kelly Hueler stated the Dunkleys knew that requirement before the house was removed and that the Dunkleys are very experienced in real estate as part of their business. Hueler stated one of their main concerns is that many of the neighbors did not know about the meeting tonight and that they emailed a number of neighbors over the weekend. Hueler commented she understands that many of the neighbors on Walters Port are very supportive of this because they have been promised substantial improvements but that they are here to say that this is not just going to happen to them because there are many houses being built right now around the lake that could request the same thing. Hueler noted those homes, however,did not get variances to go inside those sightlines. Hueler stated if this request is approved,it would set a precedent,which means anyone can request it. Hueler stated they are asking the City Council to give serious consideration to what this means if this proposal is allowed to proceed and go forward. Greg Hueler pointed out that this is a sketch plan and not a formal survey. Hueler stated the proposed lot looks like it has a point,which is absolutely not the case,and that it is a meandering shoreline. Hueler stated the other thing that was brought up is the way the Dunkleys added their addition basically forces the new home to be out by the shoreline,which is the decision they made and is not a hardship. Dankey noted the proposed home is back further,which should help their sightline. Kelly Hueler stated it is a two-story home and it would not help their sightlines. Page 7 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Curtis indicated the City measures the average lakeshore setback as a straight line from the closest point of the adjacent homes. Walsh stated the City Council has discussed many times whether someone's sightline is straight across the lake or whether it goes off to the side. In some developments homes have to be built in a certain order or they would not be able to be built on due to the average lakeshore setback. Kelly Hueler stated they would agree the shoreline meanders but that it is not a point. Crosby stated he has never considered a side view a sightline. Seals noted on Highwood the City Council made the applicant construct his deck in a triangle and in this instance half of the proposed home is within the sightline. Seals stated she understands what both sides are saying but that a good portion of the home is in the sightline. Crosby stated he considers the sightline to be someone's vision to the lake. Curtis noted it is the regulatory sightline that is being discussed. Crosby stated the proposed home is located further back than what was existing. Seals stated the old structure is no longer relevant since it was removed. Crosby stated in reality it is not irrelevant because when the property was purchased,the home was there. Printup stated if the City needs to change the code,they can change the code,but that is not being discussed tonight. Walsh stated someone can argue whether it is a practical difficulty because they are on a rounded point. Seals questioned whether it is really a practical difficulty if someone creates their own practical difficulty. Greg Hueler stated if the home had not been removed,it would not matter. Kelly Hueler stated the Dunkleys could have easily conformed with not just the sightlines but with the private drive. Hueler stated there are a whole host of nonconforming issues with this proposal. Walsh noted one issue is the average lakeshore setback and another is whether there is a practical difficulty because it is a rounded point. Greg Hueler stated he would request the City Council come stand on their dock and look at the shoreline. Hueler indicated it is a slightly curved shoreline and is not the way it is being described by the applicant. Page 8 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Kelly Hueler stated the other issue is the easement and that the reality is that the City Code says a private drive serves two homes. Walsh commented there are some complicated issues that will need to be worked through. Walsh stated he is not sure whether a cul-de-sac is the answer either. Printup stated he would like to see a rendering of what conforming would be for this lot so they can see what they have to work with. Seals agreed that that would help clarify the situation. Seals stated it is likely something can be built there but that it probably is not this. Seals stated if someone creates the issues,then it is not a practical difficulty. Kelly Hueler stated they do not get everything they want either and that they will continue to make their position clear as this goes through the process. Hueler stated it is her understanding that Council Member Crosby recused himself on the last application with the Dunkleys. Crosby stated he is not sure yet whether he will be recusing himself on this application. Crosby stated he did do business with the Dunkleys and the economic interest was extremely minimal. Vogstrom stated he does have a plan depicting the cul-de-sac. Vogstrom noted they also had a sketch plan review earlier depicting the placement of the new home on Lot 2 where they received positive feedback. Vogstrom stated they did not know the ramifications of combining the lot because otherwise they would not be sitting here hying to get the average line of sight figured out since it was always their intent to build a home on the lot. Vogstrom indicated they are looking to create an outlot so the lot is conforming and not a back lot. In addition,they would like to construct a 24-foot wide road rather than a cul-de-sac. Vogstrom stated the Huelers and the other neighbors did not want the huge driveway and pavement. Vogstrom stated they are considering access off of Walters Port Walsh asked if the Huelers would access off the cul-de-sac,Lot 2 would access off the cul-de-sac,and the Dunkleys off of Walters Port. Vogstrom indicated the Dunkleys could access offof Walters Port or Pence and that the Huelers' lot right now is nonconforming but that it could be made a conforming lot as well. Curtis stated in order to make the Huelers' lot conforming,they would need to extend the cul-de-sac or have the Huelers connect to the new road because they are currently a back lot. Curtis noted they would not need to do that if they connected the Dunkleys' home to Walters Port. Vogstrom stated that is another option they are looking at. Page 9 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Crosby asked if it would be conforming if they connected to Pence. Curtis stated she would have to see a plan. Vogstrom stated they can probably meet that because they have four acres to work with. Walsh stated the line of sight also has to be taken into consideration. Vogstrom stated it does not make sense to have a home in front of two homes and that there has to be a happy medium. Vogstrom noted they do not have final house plans and that they are here for feedback from the City Council. Greg Hueler asked if this is granted and they were given a subdivision,whether they would then go through a separate process to get a building permit and variances. Walsh stated variances start with the Planning Commission and that this is a sketch plan so the City Council will not be granting anything right now. Barnhart stated ultimately the applicants would come back with a subdivision application,which may require some variances,and if they wanted to build a home that encroaches into the average lakeshore setback,that would probably be a separate application where they would have to justify the practical difficulties. Kelly Hueler stated there has consistently been work done outside of the permits and a number of times the City has had to issue stop work permits. Hueler stated their experience has been that while it might be on paper,that is not what happens on a daily basis. Hueler stated while the lot the Dunkleys purchased is only supposed to use Walters Port,it is not practical or reasonable to think that those three homes will not end up using Pence Lane. Hueler stated one of the Dunkleys' goals has been to have a private driveway into their residence,and that if the City Council is going to grant those variances,they have to think about everyday reality. Walsh noted the City can attach conditions to the variances but that they cannot say they are not of good character so they cannot give them the variance. Walsh stated the City Council can address concerns with reasonable conditions. Kelly Hueler commented this is about fact and that frequently there has been work done outside of the permits. Hueler stated they live there and are experiencing it on a day-to-day basis and that she brought it to the Council's attention so they can consider it. Crosby asked how far their driveway goes down Pence Lane. Kelly Hueler indicated to the property line and that the rest is easement. Crosby asked how owns the rest of Pence Lane. Page 10 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Kelly Hueler indicated Mr. and Mrs. Dunkley do and that they have a one-third undivided interest. Eric Vogstrom,Casco Point Road,stated the Dunkleys have lived there since 1984 and the Habermans eventually sold their property to the Dunkleys due to the required upkeep. Vogstrom stated the lot was somewhat junky with some concrete,other debris, and downed trees. The Dunkleys' main objective was to obtain some more land. When the Huelers found out the Dunkleys purchased the Haberman property, they had a conversation in which the Huelers said they wanted more privacy. The Dunkleys worked with the Huelers for a little while and offered to sell them some property for the sale price that they paid for it, which was not acceptable to the Huelers. Vogstrom noted the Huelers have to cross over 600 feet of Dunkleys' property,which does not provide much privacy for the Dunkleys. Vogstrom noted the Dunkleys did not know once they combined the lots that they would have to meet those requirements,and while ignorance is no excuse,the Huelers are saying a lot of things that are definitely inaccurate. Vogstrom stated the Dunkleys only received one variance to build in the 0-75 foot zone and that they did not cause the difficulty with the new lot because their whole new addition is within the 0-75. Curtis pointed out the Dunkleys average setback is based on the two adjacent homes. Eric Vogstrom stated the Dunkleys did not receive multiple variances for their new addition and that they basically got rid of the hot tub and built over it. Vogstrom stated the Dunkleys are at 65 percent hardcover and that their entire house is within the 0-75. Vogstrom stated the only way to attach the addition was to build within the setback. The Dunkleys now have four and half acres and they are not trying to cram something into a small area. Vogstrom indicated they are willing to listen to the City Council and that the previous sketch plan went well until the undivided issue in the easement came up. Vogstrom stated the attorneys will work that out. In addition,the Dunkleys have met with all the neighbors and that they have gone out of their way to make them happy. When the Dunkleys did their remodel in 2008,the Dunkleys paid over$150,000 to fix the sea wall,which benefited the neighbors. Vogstrom commented it is the same thing with the whole swampy area and the trees and that all the Dunkleys want to do is clean it up and improve it. Vogstrom stated it was too much upkeep for the previous property owner,which is why they sold it. Vogstrom encouraged the City Council to go out to the property and look at it. Vogstrom noted they are not blocking the line of sight and that they did not create the issue with the land. Crosby asked how much further back the new house would go. Eric Vogstrom indicated the closest part would be 17 feet and that the area in the front is a potential pool. Vogstrom stated the proposed home is way beyond the 75-foot setback and that given the big weeping willow tree and other trees in that area,the Huelers have no views over that. Vogstrom noted they can trim up some of those trees to improve the Huelers' view and that they are willing to work with them. Vogstrom stated it is his belief the one window that will have its view obscured is in a master closet. Page 11 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Larry Getlin,Ridge Road,stated he has lived on the lake for many years and that part of living on the lake is to help ensure they keep the pristine property around it. Getlin stated what he does not like are people speaking on behalf of other people,and that what Eric Vogstrom said about the Habermans is not correct. Getlin stated if the Council wants factual information,they should ask the people themselves. Getlin commented the problem he sees as a resident is that this process will continue to be repeated and that the Council should not operate by seeing how many variances they give. Getlin stated he is not convinced that there was a plan before the applicant cut the trees down. Getlin stated he was also in attendance when the Council decided on County Road 19 that they were not going to grant a bunch of variances. Getlin stated he does not understand how they can operate a system that says someone can build by variance rather than rule. Getlin stated he would like the Council to pay attention to the fact that there is an appropriate way to do things and that they can adjust their plans if they are seeking more than one or two variances. Getlin stated when a plan is built on variances,that is not good planning,and that he would ask the Council not to make this a variance project when it does not need to be. Greg Hueler stated there were a lot of misrepresentations and falsehoods made by Eric Vogstrom. Hueler asked whether the Dunkleys or Paul or Eric Vogstrom were not informed of the difficulties they would have if they combined the lots Curtis indicated she talked about that with the owner at one point and the developer at multiple points. Kelly Hueler stated she agrees with Larry and that people should be able to speak for themselves. Hueler stated they have attempted to cooperate with the neighbors and that they absolutely wanted to find a resolution. Hueler stated what is being built is an intergenerational family compound and will be a major change in the area. Hueler stated when they purchased their property,they knew they had an easement that gave them access to their property and that they tried to find a solution. Hueler indicated they would like a buffer from what is going to change and that they tried repeatedly to get something in writing but it has been a moving target because the scope of the project has changed. Hueler stated when they came home last year after Labor Day weekend,they came home to an entirely cleared lakeshore and not just buckthorn as was represented at the Planning Commission meeting. Hueler stated there were a number of old hard growth trees that were pulled up over the Labor Day weekend when the City was closed and no one could shut the work done. In addition,the lakeshore was also graded. Hueler stated after that happened,that was when they said enough. Hueler noted she did not want to talk about that tonight but it has been represented in a way that is not accurate. Hueler commented they want to be neighbors to everybody else that lives on the beautiful lake that they share. Steve Bakke,2765 Pheasant Lake Road,stated he has to take exception to the comments made by Eric Vogstrom. Bakker stated for him to disparage the Habermans and make claims about their wherewithal or interest in maintaining what he characterized as a dump on a swamp is patently false. Bakke stated that area was maintained by the Habermans and the Plumes before them. Bakke stated that area looks like a dump now because it is full of concrete and trees from the work the Dunkleys did. In addition,the trucks Page 12 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued going up and down Pence have beat up the road so much that it is practically unusable. Bakke stated the Habermans were friends of his and it angers him considerably to have someone disparage them who has not looked at that area that was characterized as a swamp and a dump for the last 40 years. Seals commented she can appreciate what he is saying and that it is duly noted about speaking for other people's motivations. Eric Vogstrom stated he apologizes. Seals stated if the Dunkleys or Habermans had something to say,they would be here. Crosby noted he is familiar with the area because he lives across the street and that he also knew the Habermans. Crosby commented the Habermans did have a tough time taking care of it because a lot of trees would fall in the water and so forth. Crosby stated he has lived there since 2005 and that it is not a clean area and is full of mosquitos. Crosby stated to say anything else is a complete falsehood. Crosby stated that is not intended to pull away from the Habermans because they did as much as they could to take care of the area. Crosby indicated he did not look at what Eric Vogstrom was saying as a knock against the Habermans. Seals stated the Habermans are not here to defend themselves. Eric Vogstrom indicated he also is friends with the Habermans and that they are wonderful people and dear friends with the Dunkleys. Vogstrom stated Sue Dunkley wanted him to inform the Council that the reason the Habermans sold their property was due to the upkeep and that he apologizes if anyone thought he was trying to say anything bad about them. Getlin commented he also is friends with the Habermans and that they need to ask them what their motivation was for selling. Walsh noted that is not relevant to what the City Council needs to discuss tonight and that perhaps everyone can leave the Habermans out of it. Mark Howery,Landscape Architect,commented they were kind of misrepresented this evening by someone saying the whole shoreline was cleared over Labor Day weekend. Howery stated what wound up happening was one diseased basswood and one diseased ash was removed in addition to some buckthorn. The contractor who did the work went into the 75-foot zone and cleared a path. Howery indicated he then proceeded to work with Staff on regading the area,which was seeded and revegetated. Howery noted it was a 50-foot wide path and that the other trees that were taken down were outside the 0-75 foot zone. Kelly Hueler stated she was talking about the new addition. Howery stated that is the area he was talking about and that the contractor did not obtain a permit first but that he worked with Staff immediately to get it rectified. Page 13 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Howery commented he wants to make the lot look beautiful and that he wants to work with the City and the Watershed District to restore the wetland,which will be paid for by the Dunkleys. Howery noted currently there is rainwater runoff from three different houses that spills right into the wetland,which does not help the wetland. Over time,years of junk,debris,and leaves have built up,and two weeks ago he fished out eight bags of trash that just happened to show up. Howery stated they also want to have more water holding capacity so if there is an issue with the weather,it will not overflow Walters Port and flood the homes on the other side. Howery indicated they are trying to be good stewards of the land. Howery noted they would like to move the road slightly so a nice line of trees can be planted. Howery indicated he is working on a plan that literally has about 100 different trees,both evergreens and deciduous. Howery stated they are all good plants for the native birds and will help enhance the wetland. Howery stated the Dunkleys are very forward thinking in making this area beautiful and by restoring and saving the wetland. Walsh stated he would like to refocus the conversation back to what the City Council needs to consider regarding how to make sure it is a conforming lot,the width of the road and whether there should be a cul-de-sac,and then the sightline or not the sightlines. Walsh stated whether they are making the water beautiful or cutting down trees is not what the City Council is talking about tonight. Sheila Vakean,Pence Lane, stated Pence Lane was a beautiful arching road with all kinds of trees and privacy but that the trees have been cut down. Vakean noted the woods are not that close to the shoreline so it probably was not necessary to have a variance but that in her view between 50 to 75 trees were cut down. Vakean stated the trees were not all diseased because they were stacked in piles that were hauled away. Vakean commented at times they are not getting the whole truth in what they are hearing. Vakean stated there have been times on the weekends when they do work that probably has not been approved and that she has not seen a single truck on Walters Port. Vakean stated she is sure that is the way it will be in the future as well. Vakean stated while it will probably look beautiful when it is finished,she has questions about the way it seems to be skirting every rule possible and that it looks like deals are being made behind people's backs,which they do not want to have happening in Orono. Andrew McDermott,2702 Walters Port Lane,stated he read the report from the Planning Commission and there seems to be a push for a 24-foot wide road. McDermott requested the City Council reconsider that. Currently the road is 15 feet wide,which has been that way since 1960s,and the road has functioned just fine,even when there used to be seven homes on Walters Port. Currently there are only five. McDermott stated he understands they will need to widen Pence at some point and that eventually the subdivision will be figured out. McDermott noted the two lots consist of four acres and that the second lot is zoned one acre. McDermott noted the Dunkleys could have proposed four homes for that area since it is zoned one acre. McDermott requested the City Council keep the road as narrow as possible. Walsh stated the width of the road has been one of the issues,and according to City Code,if the road is to be conforming,it needs to be 24 feet wide with a cul-de-sac at the end. Page 14 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Curtis noted it could also be connected as a through street with Walters Port. Curtis indicated she has discussed with the applicant and the city engineer the different configurations and that there could be flexibility in the width as long as they can accommodate an adequate turnaround for emergency and delivery vehicles. Staff acknowledges that a cul-de-sac is not the solution but what the applicants have been presenting is not the solution either. Walsh stated they need to make sure it is a conforming lot and that it sounds like the loop is a better scenario with some flexibility on the width. Walsh stated they will need to figure out the sightlines. Crosby stated in his view the road does not need to be 24 feet wide. Walsh noted the wider road would also impact the wetlands. Walsh stated as it relates to the sightline, Pence Lane starts dipping to the right,which causes those homes to lose their sightline. Walsh stated the question is how much of that is a practical difficulty. Crosby stated due to the curve,the City should give some flexibility. Crosby stated in his view a side view is not a protected sightline because on almost every lakeshore lot,you can look out a side window and there is a house there. Crosby stated if the proposed house was protruding significantly in front of the Hueler house,he would be concerned. Printup stated in the past the Council has said it is okay if the pool is ahead in some areas. Curtis stated a pool at grade level can encroach in the average lakeshore setback. Crosby noted the new house is further back than the old house. Seals stated the old house is irrelevant and that the applicants created the issue even though the City warned them. Seals stated they would be basically opening Pandora's Box. Crosby commented there has to be a compromise. Dankey stated with four and a half acres,they should be able to subdivide something,and that a number of other homes in the area are on half an acre. Seals stated they combined the two lots,which created the issue. Dankey commented it seems punitive to people on large lots and that there is plenty of room for a lot. Curtis stated they could possibly have a building envelope behind the average lakeshore setback. Seals stated that is where the house needs to go. Dankey noted there would be no view of the lake,which would be a practical difficulty. Page 15 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Crosby stated what is setting the sightline is the curve of the land and that the wise thing to do would be to view both properties to see what is going to be blocked. Crosby stated the sightline is so far back is due to the curvature of the land. Seals stated if you create new lot lines,which then creates problems with the other lot down the road,that doesn't mean you should give them a bunch of variances. Dankey stated in her view the applicants have been adjusting the plans to try to make it work. Crosby stated you can choose to forget the old house but the fact is that it was there. Crosby stated when someone purchases a property,they assume the house on the adjoining lot will be there. Crosby stated they purchased the property knowing the house was there. Seals commented someone can say the same for the applicants combining the lot. Printup noted they are looking at a clean slate. Crosby stated there has to be some give in the sightline due to the curvature of the land. Seals stated a give is not half a house. Walsh stated maybe the Council needs to go out there. Printup stated in his view the builder is creative enough that he can come up with different options. Seals stated the plan before the Council is not the final plan. Walsh stated in his view the loop is best for the road and that they will need to figure out emergency vehicle access. Printup commented the rules require a wide road,which nobody wants to see. Walsh stated the City can give some flexibility on the road but that the lot will need to be a conforming lot. Walsh indicated they can also give some flexibility on the sightlines,but that there should be no other variances. Crosby asked if he wants to see the house pulled back further. Dankey commented it is not practical to move the house back given the curve. Walsh suggested the City Council visit the two properties and look at the sightlines from different distances on the properties. Page 16 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 2�,2018 7:00 o'clock p.m. 14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY,2709 WALTERS PORT LANE,SKETCH PLAN—Continued Eric Vogstrom stated the most important thing is to know where the sightline is. Vogstrom asked whether it is a practical difficulty that the lot curves. Walsh stated in his view there is some practical difficulty if the land curves but that they will need to physically see what is out there. Curtis asked if the City Council would like to see another sketch plan rather than a preliminary plat. Walsh stated it should be another sketch plan rather than spending money on a preliminary plat at this stage. (Recess taken from 8:31 p.m.to 8:38 p.m.) 15. YOUR BOAT CLUB—1444 SHORELINE DRIVE CONDITIONAL USE PERMIT— VARIANCE REVIEW Barnhart noted at the last meeting in May the Council directed Staff to review the conditions that are still in effect or imposed on the Your Boat Club and report back those findings. 'The City Attorney has reviewed the four resolutions. The resolutions approved a variance to the site plan,a variance in 1989,a conditional use permit in 2011,and a site plan in 2014. The resolutions also outlined a number of conditions and a parking agreement. On June 20, Staff inspected the property based on those items. Those findings have been summarized for the City Council. At this point Staff is looking for direction from the City Council. Staff's recommendation is to send a letter to the property owner regarding a couple of areas that need attention. Barnhart stated in general the site is consistent with the 1989 plan. Notable deviations include the following: - Of the 27 trees shown on the 1989 plan,eight were not observed. - The 5-foot buffer between the owners' residential and commercial properties was not observed east of the houses. There is no low evergreen screen present as noted by the landscaping plan. - Four parking stalls are being used for boat display. Based on Resolution 6037,81 stalls were observed,four for residential,and four are used for display. 73 stalls are provided, 70 were required. - Rock collection area four needs to be cleaned out. - There was no bituminous curbing observed at the driveways. Staff will send a letter to the property owner calling attention to the following: - The removal of the boats from the street side display area. - Planting of low evergreens in this area - Repair of the fence between the commercial and residential area - Addition of evergreen buffer between the commercial and residential area - Clean rock collection area number four. Page 17 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 15. YOUR BOAT CLUB—1444 SHORELINE DRIVE CONDITIONAL USE PERMIT— VARIANCE REVIEW—Continued Barnhart noted there is no requirement in Orono's City Code to preserve a site plan and the loss of eight trees in 29 years is not unprecedented. Likewise,it seems impractical to require the replacement of the shed at 1440 Shoreline. Staff has received some comments from a neighbor. Barnhart indicated he would be comfortable with sending a letter and letting the property owner address the issues identified. Printup asked if the property owners are okay with Items A—E. Barnhart stated they have addressed some issues that were identified during the inspection. Luke Kujawa,Your Boat Club, stated the only one he would ask for consideration of is if the low evergreen between the parking lot need to be replaced. Kujawa stated they are not really going to provide screening because they are low. Kujawa noted they have worked with the county to add the crosswalk so people are not walking along the edge of the road and that adding those evergreens will hurt the pedestrian flow since they would have to go around the evergreens. Kujawa stated the entire time they have been there and owned the property the evergreens were never there. Kujawa stated other than that,the items are pretty minor. Crosby asked if they are okay with moving the boat. Luke Kujawa noted some of the issues have nothing to do with Your Boat Club. John Woodin,River Valley,stated they are constantly improving their side of the roadway and that the Your Boat Club side has had some pretty extensive landscape improvements over the past 24 months. In addition,they have completed renovation of the commercial building and the residential home at 1440. Woodin indicated they did move the boat out front and moved it forward. Staff referenced some evergreens that used to be there. Woodin stated they elected to put hostas in that area that can handle the salt off the roadway and look nicer than the evergreens. Woodin stated they took the evergreens out four or five years ago. Woodin indicated they are also planning to do more to address the fence but that he is not sure if they will reinstall it or put some landscaping in. Woodin stated they are all minor fixes. Woodin stated for the record he and his partners have made some significant improvements and the property looks a lot better than when they purchased it. Woodin commented they want to be good stewards. Matt Johnson, 1432 Shoreline,stated it is true that they have improved the buildings and that it is nice to see them not as disheveled. Johnson stated as it relates to the screenage between the residential and commercial,if they go back to the spirit of the resolution,they made a compromise with the City. One was to reduce the overall hardcover on the site. The screenage was there to prevent the commercial property and residential property from U-turning one to the other. Johnson noted there are two crosswalks,one on each side,and that they could also leave a 4-foot side path between the hedge to accommodate pedestrians. Page 18 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 15. YOUR BOAT CLUB—1444 SHORELINE DRIVE CONDITIONAL USE PERMIT— VARIANCE REVIEW—Continued Johnson stated in the triangular section,there was some wood posts with rope going across that entire triangle. The site plan includes language about what can be done in that area. Johnson noted he cannot read it on his copy but that it is something to the effect about temporary storage only. Barnhart stated as per agreement with City,this area is to be used for temp storage,rough surface. Johnson stated that area has been cleaned out so it can be used as a parking spot. The agreement with the City is that it would be used for temporary storage. Johnson noted both of the residential properties have lakeside decks on them,which is not part of the plan,and that maybe a permit along the way was approved allowing them. Johnson noted the deck on the northem most property goes within inches of his property line and would certainly be within the 75-foot setback. Walsh stated a variance would have been required for those decks. Barnhart stated if variances were issued for those,they were issued to a separate property and not 1444 Shoreline Drive. Walsh commented everything looks spot on with what was done with the exception of the triangle area and the decks on the houses. Walsh suggested they put a walkway through the edges so people can walk through. Barnhart stated it appears in 2011,when Your Boat Club came in with confirmation of parking,that that triangle spot was included in their calculations. Johnson stated it was listed at that time as potential. Johnson stated what was happening at the time of the conditional use permit was the issue of whether the boat club required additional parking just because they are a boat club. The Council decided there was not going to be an additional requirement for parking, so the parking then became moot. Johnson stated it clearly says that area was potential parking and not approved parking in the triangle area. Walsh asked when something goes from potential to actual. Walsh commented he can see it both ways. Mattick stated it is poor wording and that to his understanding that was a spillover parking area. Mattick indicated he will take a look at that. Walsh stated he can see how it can be used if it is needed since it is listed as potential. Luke Kujawa stated when they were going through all this,it was a very long process,and that Mike Gaffron had indicated that the wedge area had been used for parking in the summertime and boat storage in the wintertime for as long as he can possibly remember and that they did not need to address it because there was adequate parking in the other lots. Kujawa stated that area has always been there and that they have used it in an effort to keep parking off the road. Page 19 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25,2018 7:00 o'clock p.m. 15. YOUR BOAT CLUB—1444 SHORELINE DRIVE CONDITIONAL USE PERMIT— VARIANCE REVIEW—Continued Walsh stated he understands that,but that the City has to dot the I's and dot the t's and find out if it is real or not real. Walsh stated just because they have been doing it all the time does not mean the City will let them continue to do it. Walsh noted the decks on the houses will need variances. Barnhart stated he will check into that. Walsh stated the 4-foot walkway through the hedge is reasonable and that there should be a clear demarcation between the commercial and residential,which will prevent cars from driving from one to the other. Printup asked how close the crosswalk is to the hedge area. Kujawa stated there are two crosswalks. Kujawa illustrated on the overhead where the crosswalks are. Kujawa stated he can add some shrubs,but that people with boats will pull trailers,and that one of the toughest things on the site is if they have a boat that parks there,stopping people from making a U-turn there is not safe at all. Kujawa stated if they pull into the lot and they couldn't use that area,they would have to back out onto the road,which would not be safe at all. Barnhart stated generally the City tries to keep maneuvering off of major roads and that perhaps a wider gap for vehicles to maneuver in there would be better. Walsh stated it might need to be an onsite decision. Dankey commented they want to make sure it is safe for people crossing the road. Crosby stated he makes a valid point with the turnaround. Walsh stated he would leave that to Staf�s discretion. Walsh requested the applicant follow up on the triangle and the decks. 16. PURCHASE OF FIRE TRUCK Walsh stated he would like to have a motion for Orono to pay their share of the fire truck. Walsh stated in his view Long Lake understands their concerns and that perhaps the City Administrator and City Attorney can get together with their city administrator and attorney so everyone understands how the capital expenditures are supposed to be. Walsh moved,Crosby seconded,to authorize expenditure of funds for Orono's portion of the new - fire truck. VOTE: Ayes 5,Nays 0. Page 20 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 25, 2018 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Seals cominented they drained their pool this weekend and it unfortunately flooded the Luce Line. Printup had nothing to report. Crosby stated he was finally able to get out on Lake Minnetonka. Dankey wished everyone a happy and safe 4"'of July. Walsh stated he hoped everyone had a great Father's Day as well. CITY ADMINISTRATOR'S REPORT Rief stated since the last Council ineeting,he has been focused on getting to the point where the City is today with the fire truck. Rief thanked Mayor Walsh for his guidance. CITY ATTORNEY'S REPORT City Attorney Mattick had nothing to report. ADJOURNMENT Crosby moved, Printup seconded,to adjourn the Orono City Council meeting at 9:08 p.m. VOTE: Ayes 5,Nays 0. ATTEST: {- . i � � ,., .j k �,, � nna Carlson,Ciry Clerk Dennis Walsh, Mayor Page 21 of 21