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HomeMy WebLinkAbout06-18-2018 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Bob Erickson, Dennis Libby, Mark McCutcheon, Chad Olson,and Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MAY 21,2018 Libby moved,Olson seconded,to approve the minutes of the Orono City Council meeting of May 21,2018,as submitted. VOTE: Ayes 6,Nays 0. 2. LA18-000050 STONEWOOD,LLC, 1020 TONKAWA ROAD, CONDITIONAL USE PERMIT,6:31 P.M.—6:34 P.M. Sven Gustafson, Stonewood,was present. Curtis stated the applicant is requesting a conditional use permit to install a full bathroom, including shower, in an accessory garage. The applicants are removing an existing garage and constructing a detached garage closer to the home. A conditional use permit is required for the full bathroom. Staff has completed an analysis of the conditional use permit and findings are included in the staff report. A neighbor did ask to review the plans but submitted no public comments. City Staff has received no other public comments regarding this application. Staff recommends approval conditioned upon the property owners' agreement to the filing of a covenant in the title of the property providing that the accessory building will not be: one, used for a home occupation unless specifically approved by the City or if allowed by this Code;two, used as a dwelling unless a guest house conditional use permit is obtained; and three, rented, leased or otherwise provided for use as a dwelling under any circumstances. The Planning Commission had no questions for Staff. Sven Gustafson, Stonewood, stated he does not have anything to add to Staffs report and would be able to answer any questions. Chair Thiesse opened the public hearing at 6:32 p.m. There were no public comments relating to this application. Chair Thiesse closed the public hearing at 6:32 p.m. Page 1 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 2. LA18-000050 STONEWOOD,LLC, 1020 TONKAWA ROAD, CONDITIONAL USE PERMIT,6:31 P.M.—6:34 P.M.—Continued Thiesse commented the application is reasonable and straight forward. Ressler moved,Olson seconded,to recommend approval of Application No. LA18-000050, Stonewood,LLC, 1020 Tonkawa Road,granting of a conditional use permit. VOTE: Ayes 6,Nays 0. 3. LA18-000053 EMILY NORLING,3508 IVY PLACE,VARIANCE, 6:34 P.M.—6:37 P.M. Brianna Letnes was present on behalf of the Applicant. Oakden stated the applicant is requesting variances for average lakeshore setback and hardcover that exceeds 25 percent in order to construct a 10' x 14' deck on the south side of the home which abuts a neighboring unimproved right-of-way. The plans show the stairs to the deck as the only new proposed hardcover to the property. This deck would encroach in the average lakeshore setback, which is established by the distance of the house to the north from the lake and would be located 78.5 feet from the lake. The neighbors to the north have provided an acknowledgement form in support of the proposed project. The property is located in the Tier 1, Storm Water Quality District with a 25 percent maximum hardcover. The property received a variance in 2012 when they built the home to allow 27 percent hardcover on the site. The applicant is requesting 27.4 percent hardcover to account for the 55.5 square feet needed to build the stairs off of the deck. There does not appear to be obvious opportunities to remove hardcover. Staff finds there is practical difficulties inherent to the property. The property did receive lot area, lot width, side yard setback variances, hardcover and average lakeshore setback variances when the home was newly constructed in 2012. The lot is substandard in area and width. The applicant is proposing minimal new hardcover with the proposed deck stairs and the proposed deck will align with the existing deck and be constructed over an existing patio creating no new sightline encroachments for the northern property. It appears that the hardcover variance is in part supported by the longer than typical driveway to accommodate the long, narrow lot. Planning Staff finds the proposed variance reasonable. The Planning Commission should review the proposed variance and make a motion to recommend approval if the provided findings meet all of the variance standards. The Planning Commission had no questions for Staff. Brianna Letnes, 3508 Ivy Place, Wayzata, stated she can answer any questions. Chair Thiesse opened the public hearing at 6:36 p.m. There were no public comments relating to this application. Chair Thiesse closed the public hearing at 6:36 p.m. Page 2 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 3. LA18-000053 EMILY NORLING,3508 IVY PLACE,VARIANCE,6:34 P.M.—6:37 P.M. —Continued Thiesse stated the application is pretty straight forward and the only question he would have is whether the stairs could fit within the footprint of the deck. Thiesse noted since the deck is proposed to only be 10' x 14', it is likely the stairs would take up most of the footprint, which he would consider to be a practical difficulty. Olson and Ressler indicated they are in agreement. Olson moved,Libby seconded,to recommend approval of Application No.LA18-000053,Emily Norling,3508 Ivy Place, granting of variances. VOTE: Ayes 6,Nays 0. 4. LA18-000056 STUART CLEAVELAND,BLACK BEAR BUILDERS, 710 BIG ISLAND, VARIANCES,6:37 P.M.—6:49 P.M. Stuart Cleaveland, Black Bear Builders, and Christopher Neugent, owner,were present. Oakden stated the applicant is requesting variances for hardcover and a retaining wall in the 75-foot lake yard setback. The applicant proposes three improvements within the 75-foot lake yard labeled A, B, and C on the plan. Improvements A and B are permitted by code and no variances are necessary. Improvement C requires a variance and is the subject of this application. The property currently has a small path with a retaining wall to access the west dock. The retaining wall is failing with a significantly slanted walking path. Included as part of the proposed improvements are extensive landscaping around the shoreline and throughout the property. The applicants are further proposing to remove four trees within the 75-foot lake yard and will plant eight native trees in various locations in the lake yard. The applicant is also proposing a 4-foot walkway from the main dock and stairs to the house as well as additional hardcover for access from the lake to the detached garage. They are proposing to use a variety of materials including pavers on the walking, rock to match the existing riprap along the shore, geogrid grass pavers, and gravel pavers. These improvements are allowed per City Code 78-1282(6)for handicap accessibility. The entire property is located lakeward of the average lakeshore setback line determined by the properties at 700 Big Island and 720 Big Island. Within 75 feet of the ordinary high water level of any lake no hardcover shall be placed, located or constructed except regulated by the Shoreland Overlay District. Staff finds due to the nature of the lot at the point of the island there are practical difficulties supporting granting the 75-foot lake yard setback and hardcover in the lake yard variances for access improvements to the property. The applicant is looking to reconstruct a failing retaining wall and walkway for access to the west dock. As part of the project,the applicant will be adding hardcover in the 75-foot lake yard to create access for a handicap family member to the cabin from the lake. No public comments have been received. Staff recommends approval of the proposed improvements. Page 3 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 4. LA18-000056 STUART CLEAVELAND,BLACK BEAR BUILDERS,710 BIG ISLAND, VARIANCES,6:37 P.M.—6:49 P.M.—Continued Thiesse asked if Staff is sure the wall will not exceed 4 feet. Oakden stated to her knowledge it will not but the applicant can better address that. Thiesse noted if the wall exceeds four feet, it will need to be engineered. Libby asked if there is an aerial of the property. Libby stated he is interested in the proximity of the adjacent property. Oakden displayed an aerial photograph of the property and pointed out the location of the lot,the adjoining property, and the proposed dock. Ressler asked what type of material the retaining wall will be constructed out of. Oakden stated to her knowledge it is rock. Stuart Cleaveland, Black Bear Builders, stated included in the Planning Commission packet should be a picture depicting the proposed wall. Cleaveland indicated it will be a boulder wall, with pavers on the flat portion. Cleaveland stated unfortunately their landscape architect is running behind and is not here yet. Libby commented this is a great location on the Island. Libby asked if there have been any conversations with the Minnehaha Creek Watershed District. Oakden noted the dock will require approval from the Minnehaha Creek Watershed District and that it is the applicant's responsibility to obtain that permit. City Staff will not issue the building permit until that approval from the MCWD is received. Cleaveland indicated they are still in communication with the MCWD and that he will be contacting them after the meeting. Cleaveland stated he has not heard of any issues at this point. Neugent stated the slope is basically falling and that their intent is to stabilize it. Ressler asked if they will also be doing riprap. Neugent indicated that is there currently. Cleaveland stated the riprap they are proposing is in a different location. Ressler asked if that is noted in the Staff report. Oakden stated she noted in the memorandum that they are realigning the path and retaining wall but that she will clarify that before it goes before the City Council. Page 4 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 4. LA18-000056 STUART CLEAVELAND,BLACK BEAR BUILDERS,710 BIG ISLAND, VARIANCES,6:37 P.M.—6:49 P.M.—Continued Thiesse stated a lot of times the City will require screening along the shoreline to conceal the wall somewhat but that since it is a boulder retaining wall, it will not look much different than the riprap along the shore in a number of different locations along the Island. Cleaveland stated to his knowledge they will be doing vegetation around the retaining wall. Oakden pointed out the dark green on the map is the area where the applicants are working with the MCWD to improve the shoreline and that there will be vegetation included with that. Thiesse asked if there will be a sidewalk to the lake. Oakden stated project areas A and B fall under the City's handicap accessibility code. McCutcheon asked if there were previous steps or whether the area is pretty flat. Neugent stated the path itself is very crooked and unstable and is a dangerous path. McCutcheon commented he is glad the buffer area has been increased. Oakden stated to her knowledge there are no stairs in that area. McCutcheon stated he was concerned about runoff going down the stairs and into the lake. Neugent stated by moving the path further back,that will help with the runoff and will be better for the lakeshore. Chair Thiesse opened the public hearing at 6:48 p.m. There were no public comments relating to this application. Chair Thiesse closed the public hearing at 6:48 p.m. Thiesse stated the application is very straight forward and that they are working hard to maintain and preserve the shoreline. Olson moved,Erickson seconded,to recommend approval of Application No.LA18-000056, Stuart Cleaveland,710 Big Island, granting of hardcover variances. VOTE: Ayes 6,Nays 0. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M. Paul Vogstrom,Applicant,was present. Curtis noted the applicant submitted some slightly updated plans this afternoon and the location of the driveway gate coming off of Walters Point has been revised. Page 5 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Curtis stated in 2017 the Dunkleys requested a lot line rearrangement after purchasing the adjacent property and demolishing the home on that lot. The goal of their former application was to move the common property line between the two properties to enlarge their residence lot in order to construct an addition while leaving a lot to build a new home between their home and the property at 2715 Pence Lane. The lot line rearrangement application required a number of variances, and after receiving unsupportive feedback from both the Planning Commission and the City Council,the applicants withdrew that request. The property owners then combined the two properties into one PID so they could proceed with the permitting for the addition to the existing home. The lot combination was completed and the property currently addressed 2709 Walters Port Lane now has a total of 4.3 dry acres and approximately 515 feet in width measured in a straight line at the OHWL. It is zoned LR-1B,which has a one-acre minimum lot area. The addition to the home required average lakeshore setback, 75-foot setback and hardcover variances. which were granted. The variances were granted in November of 2017 and the addition is under construction currently. Today the property owners are requesting feedback on a very similar proposal. Because the property as it exists today results from the recent combination of 2709 Walters Port Land and 2710 Pence Lane, a subdivision,rather than a lot line rearrangement, is necessary. A subdivision must conform to the standards of the City Code. The Commission should discuss the appropriate level of flexibility for a subdivision. The Commission and Council should be very cautious when considering a subdivision that does not meet the standards of the City Code. Waivers and variances at the creation of a lot almost always require further variances and waivers when the property is actually used. The issues identified during the initial proposal remain unresolved. The applicant is now proposing to create a new lakeshore lot between their Walters Port home and the Hueler property at 2715 Pence. Their plans show a one-acre lot east of the Dunkley home,wrapping around the Hueler lot. The plan suggests the proposed new lot is 1.0 acres and meets the 140-foot width at the lake and at the 75-foot setback. These dimensions will be verified during the formal review phase. Based on the configuration,the proposed Lot 2 is narrow in the middle where a conforming house would be located. The house shown on the sketch requires an average lakeshore setback variance to create a building envelope. Curtis noted the blue line depicts the average lakeshore setback for this lot. Curtis stated she is not sure at this point based on the plans before her whether it would be possible to locate a house on the property conforming to the average lakeshore setback and at the present time a significant amount of the project would take place in front of the average lakeshore setback. In addition,the roadway or driveway entering the property may require additional variances for Lot 2 since it does not meet the standards of a private roadway. If it is to be an outlot, which is one of the requirements to create a third lot, it would require a cul-de-sac. The applicants are proposing a disconnect from their current driveway at Walters Port and a gated connection at the L or the corner on the south end of Walters Port in an effort to accommodate some sort of turnaround although not meeting the code minimums. Page 6 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE,SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Curtis indicated she has identified a number of issues in the staff report that the Planning Commission should discuss. The goal of tonight's review is to provide the property owners and developer with an overview of the pertinent City ordinances, how they affect the proposed plat, and then discuss the strengths and weaknesses of the proposal. The above issues for discussion reveal a number of issues with the proposed plat and should provide direction to the applicant regarding the plat. As a sketch plan review, any comments or suggestions to the applicant are non-binding but should be extremely helpful. Thiesse asked if the applicants could terminate one of the driveways and not make it looped driveway. Curtis stated the Walters Port home is currently served off of Pence Lane driveway as is the Hueler residence. The applicants also still have a connection to Walters Port but that lot no longer exists. Thiesse asked if they are proposing to have that lot brought back. Curtis indicated they are. Thiesse asked whether the City would allow the driveway to serve two lots by one of the driveways and one house served by another driveway if the applicants were to terminate the loop to Walters Port where that driveway hits the main road. Curtis pointed out there will be three houses served off of Pence. Thiesse asked if that would be more compliant. Curtis stated if they would not connect their existing home to Pence Lane,that would help from a driveway/road standpoint but that is not the applicants' goal. Curtis stated her understanding is that they are trying to accommodate some type of access and turnaround for emergency vehicles but it appears to be too much in a place that does not really allow that to happen. Curtis displayed an aerial photograph of the area and pointed out the location of the demolished house and the Hueler home. Curtis noted the existing house currently accesses onto Walters Port with no connection onto Pence Lane. McCutcheon asked if they could feasibly put a house on the proposed lot. Curtis indicated they could place a smaller house on the lot. If the house is located behind the blue line, it is unclear whether the width would be of a sufficient size to be adequate. Thiesse asked if the original house met the 75-foot setback. Curtis stated to her knowledge it did not. Paul Vogstrom noted the green line is the old house. Erickson asked if there are still three gates being proposed. Page 7 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Curtis stated to her understanding there are three gates,but the applicant will need to address that. Curtis stated in one of the renderings there appears to be a gate and that she is not sure if that was the end of a driveway or an outlot. Thiesse asked how the City feels about a house being moved and whether it has any grandfathered lakeshore setback. Curtis stated the lots have been combined. Paul Vogstrom, Applicant, stated they only have two gates proposed and that the one in the middle was possibly going to be an outlot but they instead are going to move the driveway just a little bit east of the Y. Vogstrom stated they are actually proposing to have Lot 2 access off of Walters Port and then Lot 1 would still access from Pence Lane. Currently it is accessing from Walters Port. Walters Port would then end near the kidney shaped berm. Curtis asked if he is proposing that Lot 1 access via Pence and that Lot 2 cross the private driveway of Lot 1 to have their access off of Walters Port. Vogstrom indicated that is correct. Vogstrom stated when they looked at developing the property a year ago with an improved road,nobody in the neighborhood was in favor of that and that it just seemed to be less impactful by doing what they are proposing,which is similar to another plan they had submitted. Vogstrom commented they are attempting to make this all work with what they are dealing with,and that one of the issues is the turnaround in and out of Walters Port. Vogstrom indicated during a neighborhood meeting last week there was a medical situation and that it was hard for the ambulance to come and go, which is the reason why the gate has been moved a little further south to allow for a vehicle turnaround in that area. Vogstrom stated they are trying to improve an existing problem on Walters Port. Vogstrom stated adding a cul-de-sac is feasible but that the neighbors are not in favor of it. Vogstrom stated the last time he presented on this,they had discussed an idea where they could make the existing driveway wider and also have a turnaround. Vogstrom indicated he met with the fire chief regarding that proposal and he was on board with that. Vogstrom stated he is trying to understand the reasoning for the new and improved road but that they are trying to accommodate it but that they require some variances in order to go on Walters Port and also go around from Pence. As far as the average setback,Vogstrom noted there was an existing home on the lot that was combined, which was removed, and that the lots were combined in order for the Dunkleys to get their addition going on their existing house. Vogstrom stated the lot combination lot triggered something else and that prior to the removal of the home,they had the right to build in that footprint. Vogstrom stated they are now proposing to move it back 17 feet so it is out of the line of sight, and since that lot has a point at the shoreline, it does not make sense to not grant the variance. Thiesse commented it would have been easier if they had not combined the lots. Thiesse asked if the intent is for Pence to be the driveway of choice for the property. Page 8 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Vogstrom stated it would be for Lot 1 and that they would also like to have Lots 1, 2, and 3 access off of that driveway, but that they are willing to sacrifice the access for Lot 2 so the need for an extra variance is not triggered. Vogstrom indicated they are willing to work with Staff to resolve the issues. Thiesse asked how wide Pence is. Vogstrom indicated it is 11 to 12 feet wide and that they are proposing to widen it to 16 to 18 feet. Thiesse asked how wide Walters Port is. Eric Vogstrom stated it is16 feet. Thiesse asked if both roads are driveways. Curtis indicated Pence is a driveway and Walters Port Road is a private road. Vogstrom stated having a 50-foot right-of-way impacts the wetland and that they have studied the impacts of that. Vogstrom noted a lot of the water flows from around the whole development and surrounding properties into a pipe and then directly into the wetland. Vogstrom stated they are proposing to work with the Watershed District so they can take the pipe going to the northern part of the land and filter it into the land and eventually into the wetland. Thiesse noted Staff has identified 11 items the Planning Commission should discuss. Curtis requested the Commission also discuss the driveway crossing over onto Walters Port. Thiesse noted this is not a public hearing but that he would allow public comments on the sketch plan. Greg Hueler,2715 Pence Lane, stated since this project started, he has had between 20 to 30 neighbors call him to ask him what is going on. Hueler stated during this process they have seen a number of surveys showing this to be a point, which is not the case, and that it is a straight line down from his property to the Dunkleys' property. Some of the neighbors have been asking what the consequences are of tearing out big trees near the shoreline and what the consequences are of moving tons of dirt and getting a stop and desist order. Hueler stated there are a whole lot of things that are problematic for him with the project. Hueler noted the developer talked about the existing home that was torn down. Hueler noted since the home is no longer there, it is a moot problem. Hueler stated the original plan was shut down but that the Dunkleys are now back asking for a subdivision, which most of the citizens think is going to be more restrictive. Hueler stated the applicants are now proposing to put a house in half of his sightline and that he is wondering why the City would allow that. There is 83 feet between the proposed house and his property line, and if the house is located in the spot where Ms. Curtis is suggesting, the Dunkleys could maybe put a garage in there but not the type of house that the neighbors would like. Hueler recommended the Commissioners come look at the property. Page 9 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Hueler stated in his view more people would have been here if they had known about the meeting but that a lot of people are watching what is happening here and that there likely will be more feedback. Hueler indicated the last phone call he had with Sue Dunkley was where she said she would sue them, which she did the next day, and that she said they will get another lot categorically. Hueler questioned whether there are people in authority that have given her that kind of feedback. Hueler stated he has a concern with that and that it has been a frustrating process. There were no further public comments regarding the sketch plan. Thiesse noted the first discussion point listed in Staff's report is that the Commission and Council should discuss the appropriate level of flexibility for a subdivision. Thiesse asked if they require one acre. Curtis stated that is necessary for a lot with frontage on a road. Thiesse asked if they meet that. Curtis stated it is unclear at this point and that it sounds like the applicants are proposing the access as an outlot that stops and that this would be their frontage on a substandard road. Eric Vogstrom stated the new lot would be one acre and that currently the site is five acres. Erickson noted at the time of the original proposal the minutes reflect that there were considerable differences of opinion between the neighbor and the applicant regarding the legal description and other elements of the proposal and that he is just wondering if those differences have been addressed. Hueler stated the topic of the lawsuit is the Dunkleys want to overthrow the easements that have been in place for decades but that the current easement is still in place. Thiesse asked if he has an easement, Hueler stated they have two easements. One easement is to use the 600 feet of roadway from the gate to their home and the second easement is from Kelly Avenue to the gate. That easement has an undivided interest for three homes to share that little strip of road. Hueler stated in his view what is being proposed with the new lot crossing the driveway is that everyone is going to use that driveway,which they say is going to Walters Port, but that most vehicles will use it to get to Pence Lane Vogstrom stated what is in dispute is the access easement before the gate,which was really the big opposition when they formally brought the plan before the Planning Commission the first time. Vogstrom noted they presented a sketch plan before that meeting and that the sketch plan received full support from Staff and Mr. Hueler. Vogstrom indicated they have been working on a driveway that will have less impact for the neighbors and that they basically have been just trying to accommodate what the neighbors would like to see happen. Thiesse stated when he drove through the property the last time,there were a lot of trees removed. Vogstrom stated there have been trees removed and that the landscape designer can address that. Page 10 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Vogstrom noted the previous application had a number of different variances and that he did not have the time to go through them one by one. Vogstrom indicated he is trying to get an idea of what to do from here, and that if a 50-foot cul-de-sac is needed,that is what they will do,but that they are trying to make it better for everyone and have a turnaround for Walters Port. Vogstrom stated he would love to have everyone walk the lot and have a neighborhood meeting about the best way to use this property. Curtis noted the trees beyond the 75-foot setback are not protected, and with a subdivision,the applicant is required to do a Conservation Design. It was originally presented as a sketch plan for a lot line rearrangement. Thiesse asked in order for the driveway to be compliant whether it would need to have a 50-foot wide right-of-way with a full cul-de-sac at the end of it. Curtis stated that is correct and that it would be a private road. Thiesse stated it appears the cul-de-sac is there to allow emergency vehicles to come in,turn around, and then go back out. Curtis stated that was discussed previously and to her knowledge the Fire Chief is open to discussing that as well as the City Council. Curtis stated the plan is not clear and it is not a concise and well understood access at this time. Curtis noted the second lot accessing via Walters Port will be addressed Walters Port but that it will be in the middle of two Pence Lane properties. Curtis stated the cul-de-sac could vary somewhat but that she candidly does not think this plan resolves the access issues. Thiesse commented he does not think so either and that the applicants are looking for direction. Thiesse stated in his view a 16-foot road is not wide enough for either road but that a cul-de-sac might not be necessary because the intent is there with the two roads. Thiesse stated at the end of the day they could make the addresses all Pence Lane since they are going to use either road. Erickson stated he tends to agree with John Thiesse and that an additional road can be substituted for a cul-de-sac. Erickson stated what concerns him in this case is the use of gates that could nullify the other road. Erickson asked what would happen if there is an emergency. Vogstrom noted there would be a lock box on the gates. Curtis stated UPS and other vehicles would not have access to that lock box. Vogstrom stated currently the gate automatically opens when someone drives up to it. Erickson commented that would work as long as there is no power outage. Eric Vogstrom stated the gate could be hooked to a generator. Vogstrom indicated they have met with the fire chief and that he is definitely for it. Vogstrom stated they did not want to put the big cul-de-sac in because they do not believe the Huelers would like that. Vogstrom indicated they did meet with all the neighbors last week and went over the plans and that a lot of the neighbors are supportive. Page 11 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Thiesse asked if a 24-foot wide road would work for them. Eric Vogstrom indicated it would. Thiesse stated he can live without a cul-de-sac but that he would like to see the gates go away. Thiesse asked if Walters Port could be increased to 24 feet wide. Curtis indicated that is unknown at this time. Thiesse stated that will need to be addressed at some point. Mark Howery, MH Design Group, stated he is working on the landscaping portion of the project. As it relates to the 24-foot wide road,the plan would be to actually move the road off the property line. Currently the road is located a couple of feet off the property line and that they would like to move it so they can do some screening with evergreens. Howery noted up at the top of the property there are some evergreens and they would like to continue that, but if they have to widen the road to 24 feet,they would lose that screening. Howery stated they are also attempting to solve the issue of water on that side of the road. Currently there are three properties that drain into a pipe that goes directly to the wetland and that they would like to capture that water so there is not water running immediately into the wetland. Vogstrom pointed out to the north and south of the pond they would have a wider width, such as 24 feet, so people would be able to pass. Thiesse stated in his opinion the current road is not wide enough. Libby asked if this property is served by the Orono School District and whether busses come and pick up children. Eric Vogstrom indicated it is the Mound Westonka School District. Libby stated in addition to emergency vehicles,the road should also be able to accommodate larger vehicles such as school busses. Libby stated the Planning Commission needs to make sure the road is adequate going into the future. Libby asked whether the utilities would be retained in their present location. Curtis stated the existing utilities in the easements would not change and that the applicants are proposing to add a hydrant or move a hydrant. Eric Vogstrom indicated they did meet with the fire chief and that they assumed if the fire chief was okay with the plan,the City would be as well. Curtis asked whether he has seen the current plan. Page 12 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Vogstrom indicated the fire chief has not seen this exact plan. Vogstrom asked if they got his okay on it whether that would satisfy the City's requirement. Thiesse noted the City Council has the final decision. Erickson stated in addition to the fire department,they also have the police and ambulance crew. Howery stated the Dunkleys are more than happy to accommodate the fire chief and emergency vehicles. Thiesse asked where gate two is located. Curtis indicated it is on Lot 1,which is the Dunkley property. Eric Vogstrom stated to his knowledge both gates are on the Dunkley property. Curtis pointed out the location of the two gates. Ressler commented it seems like adding gates kind of eliminates the purpose of making the road a loop regardless if the gate is motion sensored. Ressler asked if the gates are that important. Vogstrom noted there are two gates and not three and that he can speak with the Dunkleys about them. There is a gate currently on Pence,which opens automatically. Vogstrom stated they did talk about adding a third gate with a strobe light that would open automatically so people did not have to get out of their cars. Vogstrom stated they would like to have the gate because they do not want someone who is not familiar with the area driving all around. Thiesse commented there are a lot of gates in the City of Orono and that could be part of the applicants' flexibility. Vogstrom indicated they are open to suggestions. Libby stated a gate usually has fencing associated with it and a desire for privacy. Libby asked if the gates are in conjunction with fencing. Vogstrom indicated there are little stone columns holding the gate. Libby asked if the gate is more to delineate the driveway rather than for security or safety. Vogstrom stated it was probably more aesthetic and that the gate opens automatically if someone drives up to it. Libby asked if he sees any kind of safety issues with the crossing of the two driveways. Page 13 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE,SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Vogstrom stated right now that area is wide open and that they will keep visibility in mind when landscaping. Vogstrom stated the Walters Port driveway will be for emergency access and that all three properties will access off of Pence,with a turnaround for trucks and other vehicles. Thiesse stated in his view gated roads are not an acceptable alternative to a cul-de-sac, and that if they are going to continue to propose gates,they should be prepared to defend them before the City Council. Ressler commented anything they can do to simplify it would be helpful and that maybe they should consider placing the gates on each individual property. Erickson stated he was visiting relatives over the weekend and that they have a gate hooked up to a generator. Erickson stated the power went out and the generator did nothing. Erickson stated fortunately the power company got the power going again in four hours, but that if someone was having a heart attack,that would be a long four hours. Erickson indicated it turned out the battery was old and needed to be replaced. Erickson stated if something like that happens in an emergency situation,that could have big consequences. Erickson questioned whether the City would assume any liability if they approve the gate. Thiesse asked if they are proposing any outlots for the roads. Vogstrom stated they are open to that but that they would rather not. Curtis asked if the driveway is an outlot. Vogstrom indicated it is not at this point and that they are not proposing an outlot. Vogstrom stated his thought was that they could go on Walters Port and not have to create an outlot for the new road. Curtis noted that road does not have road frontage and as a result they would be creating a back lot and a second back lot with no frontage. Curtis noted that back lot needs to be 150 percent of the area. Vogstrom stated that would happen if they have the third driveway. Curtis noted they need to have frontage on the road or it is considered a back lot. Curtis stated a big piece of this is that lot does not have road frontage at all. Eric Vogstrom indicated they would be open to doing an outlot. Thiesse asked if they can have two back lots. Curtis stated the City typically only allows one back lot. Thiesse noted Item No. 7 relates to the need for a conforming building envelope,which this lot does not appear to have, and that a newly created lot is required to have a conforming building envelope. Item No. 7 states: An average lakeshore setback variance would be necessary for Lot 2 as configured. The alignment of the shoreline for proposed Lot 2 is not a peninsula but rather a curved shoreline,which is very common along the lake. The creation of the new lot in this configuration would be a self-created Page 14 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued practical difficulty which would not be supportable. Thiesse noted in order to expedite the project,the Dunkleys combined the lots and that subsequently changed the situation. Thiesse stated the applicants cannot create their own practical difficulty,which was done in this case. Vogstrom stated that is something that he will have to address with the Dunkleys. Thiesse stated as it relates to the average lakeshore setback, if the neighboring properties are against it, that holds a lot of water with him. Vogstrtom stated he does not see anyone's view being blocked. Hueler requested the Planning Commissioners walk the property. Vogstrom pointed out the location of the old home and noted their proposal would be back here. Vogstrom stated the new house is not going to block his view. Thiesse noted that neighbor currently has a view across that shed because somebody combined the lot, which needs to be taken into consideration. Vogstrom stated the lakeshore clearly has a point. Libby stated in his view the shoreline meanders but that he would not consider it to be a point. Eric Vogstrom stated the shoreline is irregular. Thiesse commented the average lakeshore setback is a stickler. Ressler commented it is difficult to grant a variance to that when the neighbors are supportive of it and it is even more difficult when the neighbors are opposed to it. Ressler commented the Planning Commission has to look at it now without the house being there. Thiesse stated the situation with the average lakeshore setback now was created by the owner because they combined the two pieces of property. Vogstrom stated in their view there is a point and that should be taken into consideration. Vogstrom stated by attempting to accommodate the neighbors, new issues have been created. Thiesse stated in his view the situation was created because the two lots were combined. Erickson stated if variances are granted now before a house is built and then later somebody builds a house on the lot, it could lead to more variances down the road. Curtis noted a new lot should have a conforming building envelope. Thiesse suggested the developer do more work on creating a conforming building envelope. Page 15 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Curtis stated this is essentially a subdivision to create this lot and that she is not sure what the precedent is for granting an average lakeshore variance for the house at the same a new lot is being created. Curtis stated she does not believe that is typically done. Vogstrom indicated they could some do modifications but that it was his understanding it could not go beyond what was previously there. Curtis asked if they would be requesting the average lakeshore setback for what is proposed on the plan. Vogstrom indicated he would be. Vogstrom stated he would like to meet with everybody on site so they can understand what everyone's sightlines are. Ressler stated they are looking at the fundamentals of the setback and it is an encroachment on the setback, which is something that has to be taken into consideration. Ressler suggested the developer try to be more conforming and think of ways he can soften the encroachment. Curtis suggested they stake the house on the site so the Commissioners and neighbors can view it. Curtis noted the Planning Commission cannot meet on site with the developer as a group. Libby requested he do a clear survey with the setback markers on there. Barnhart suggested he contact Staff when the work is done so they can take pictures and notify the Planning Commissioners. Thiesse asked if Mr. Hueler's view was blocked by the previous house. Hueler indicated it was a one-story house but that the porch did extend past the 75-foot setback. Hueler noted the previous house and foundation is gone, which has improved their view, and that they would like to keep it. Eric Vogstrom noted the trees block part of his view. Ressler commented it would be great if they could soften it a bit and show some flexibility. Thiesse stated Item No. 8 reads that Staff will need to confirm whether or not Lot 2 meets the width requirement at the OHWL and at the 75-foot setback. Thiesse noted Staff will need to have that information. Item No. 9 states that it is unclear from the plans whether or not Lot 1 wraps around Lot 2 to encompass the Huelers' driveway or if a portion of the lot is to be sold/transferred to the Huelers. Vogstrom stated they will create a more accurate plan. Thiesse noted Item No. 10 stated that the current plan appears to remove the driveway connection from 2709 Walters Port to Walters Port. The property address will need to be changed if there is no connection Page 16 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued to Walters Port Lane for this property. It is unclear from the current plan what is to happen with the underlying land of the existing connection of Walters Port Lane to the property. Curtis stated technically they have a connection to Walters Port. Thiesse stated more clarification on that would be helpful. Thiesse stated he does not think they can have two roads come together and three driveways coming together and claim that is meeting the intent of what the City requires. Item No. 11 requires that the emergency response people involved. Thiesse stated getting it on the plans is one thing and getting it approved is completely different and that it is a process. Thiesse stated just because the police chief and fire chief indicate they like it does not mean it will be approved. Thiesse asked whether there are any other issues the Planning Commission should discuss. Curtis stated the Planning Commission has provided feedback on the issues Staff has raised but that they could address the second back lot more if they would like. Curtis noted the applicants have heard similar direction before on the second back lot. Thiesse commented the City does give flexibility from time to time typically on minor items but not major items. Curtis stated the City is interested in a solution that eliminates the pressure on Walters Port and create something that would be functional and supportive to the properties on Pence. Curtis stated she is not sure if two side-by-side roadways is necessarily the best option. Thiesse stated he would like to emphasize that they are proposing a subdivision with a house that is no longer there. Thiesse requested the developer work hard at making something that fits the requirements of the code closer now that the property has been combined. Howery stated one item they would like to propose is to show the impact of what the code says will work but the problems that that would cause. Howery stated in theory they can widen the road and create a big asphalt turnaround, which would result in more hardcover coming to this driveway and the other driveway,but the visual impact and the hardcover impact that this big turnaround would really incur on the whole project and scope should be taken into consideration. Howery stated they would like to minimize the asphalt and make the turnaround work, especially with the wetland and Lake Minnetonka. Howery stated in his view this plan would be far better from a landscape point of view and how it can be buffered from the wetland. Howery stated their proposal fits better with the character of the lot and everybody involved and would result in a lot less hardcover. Curtis stated Staff has been and would be supportive of an alternative that would meet the intent. Hueler asked if the cul-de-sac would still allow for a 1-acre lot. Thiesse stated that would be the question. Page 17 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 5. LA18-000055 PAUL VOGSTROM,2709 WALTERS PORT LANE, SKETCH PLAN, 6:49 P.M.—8:07 P.M.—Continued Hueler asked if that solves the view setback problem. Curtis indicated it does not. Hueler asked if the view setback problem was partially caused by the house being removed and building the addition they did. Thiesse stated it was. Erickson commented that periodically you see cul-de-sacs where the middle of it is landscaped, which is an option. Libby stated it can essentially be a turnaround that feeds in and out, which is kind of a middle ground that the Planning Commission is looking for. Ressler suggested the developer look at ways to make the plan come together more agreeable for everybody. Vogstrom stated people have had a change of heart,which has made it difficult. Ressler stated at the end of the day,the City of Orono wants to see demonstration that he is trying to make it more agreeable. Vogstrom stated when they presented the sketch plan,everybody loved it. Curtis stated she does not think that is accurate. Vogstrom stated everyone agreed it would work. Thiesse noted there was a house there at the time,which is no longer the case, and that the situation has changed. Vogstrom stated they have spent countless hours in meetings trying to make everyone happy. Erickson asked if there would be a risk from the standpoint of the City in creating a second back lot. Curtis stated in her view there would be. Curtis stated the City has a rule for back lot situations where there is not enough width to create two frontage lots that are conforming but where the area is exceeded. Curtis stated there are some standards to be met due to the sensitivity and unique character of a back lot because someone's front lot is someone else's back yard and there is a shared driveway. The City will allow for that to happen once in a development but not on multiple lots. The Planning Commission took no formal action on this item. Page 18 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 6. LA18-000057 CITY OF ORONO,TEXT AMENDMENT—ACCESSORY STRUCTURES SETBACK,8:07 P.M.—8:22 P.M. Barnhart stated the proposed ordinance would clarify and restate the setbacks for accessory structures throughout the City. The City has specific rules for accessory structures and buildings based on their size and, in some cases,the size of the lot and whether it is a lakeshore lot and where on the property it is located. These exceptions and regulations have evolved over time to the point where they are difficult to understand and require extensive flowcharting to drill down to the applicable regulation. Staff is proposing a wholesale rewrite of this section of the Code. Three primary goals have been identified: 1. Ease of use. The user can find the applicable regulation using common logic. 2. Ease of understanding. The user can understand the regulation and how it applies to their question. Reduce the number of exceptions. 3. Remove unnecessary regulation. In some cases regulations designed to address a singular concern will be removed in the interest of Goals 1 and 2 above. Barnhart stated another objective will be to reduce the number of exceptions. The draft ordinance will include applicable definitions for accessory use or structure, building and structure, and oversized accessory structures. Staff proposes delineating the setbacks for accessory structures in a table format within each district along with an example table for discussion purposes for the LR-1A zoning district. Sample zonal impacts include a lake lot and a nonlake lot. Other zonal impacts to be taken into consideration are the lake yard, the public area adjacent to a street,hardcover limits, and massing. The orange on the map depicts the more immediate impact to the neighbors. Barnhart noted he did not include potential setbacks because those would change based on the different zone. The blue area depicts the building zone where the main principal structure and oversized accessory structures would be appropriate. The green depicts the intermediate area where an oversized accessory structure might go. Barnhart stated the proposal by Staff is to codify those areas for each individual zoning district using that as the underlying philosophy. Barnhart noted there will still be some things that will be unique to each lot. Barnhart stated he would like to know if the Planning Commission feels there is a problem with the zoning code as it relates to accessory structures and what they would like to see in the ordinance for it to be successful to the users of the ordinance. McCutcheon asked if Staff would like to have a diagram of what is possible instead of having a list of setbacks. Barnhart stated the diagram would be useful from a discussion standpoint but that in the actual code there would be setback numbers. Barnhart stated the ordinance is very conceptual at this stage, and if the Planning Commission thinks accessory structures are okay in the intermediate zone for whatever zoning Page 19 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 6. LA18-000057 CITY OF ORONO,TEXT AMENDMENT—ACCESSORY STRUCTURES SETBACK, 8:07 P.M.—8:22 P.M.—Continued district,that would transfer into an actual table and numbers so the user would find all their appropriate requirements in one spot. Curtis asked if the City has an issue with the actual numbers or whether it would be more for clarification. Barnhart stated it is more clarification of how those numbers are applied. Thiesse commented this would be a wonderful way to put it together and that it would be easier to follow. Barnhart stated he does not see the numbers as being a major issue but the challenge has been determining what the setback is for a lakeshore lot and what that same building setback is for a lot not on the lake. Barnhart stated he wants to look at what is an appropriate location for an accessory building and then put an ordinance together that satisfies that appropriateness. Curtis stated a 760-foot garage is different than a 760 foot shed on a lakeshore lot because from a regulation standpoint a garage is allowed to be closer to the rear setback line than a shed. Libby stated by simplifying this, it would also be better for the Planning Commission and that in his view Staff is on track for making it simpler. Thiesse commented he likes the direction Staff is going with this. Barnhart stated he will come back with an actual version of an ordinance likely in July and continue to iron out the details. Chair Thiesse opened the public hearing at 8:21 p.m. There were no public comments relating to this application. Chair Thiesse closed the public hearing at 8:21 p.m. The Planning Commission took no formal action on this item. 7. UPDATE ON JUNE 11,2018,CITY COUNCIL MEETING Barnhart reported on the following actions taken by the Orono City Council: -The Kathy Meyers variance was approved on Consent -The Long Lake Boulevard variance was approved -The final plat for the Lakewest Development on Ivy Place was approved -A conditional use permit was granted for the application on Smith but the City Council denied the second driveway -The text amendment for gate opacity was approved without a limit - Staff pulled the text amendment for meeting notification off the Council agenda because of some changes the City Attorney requested. Page 20 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 18,2018 6:30 o'clock p.m. 6. LA18-000057 CITY OF ORONO,TEXT AMENDMENT—ACCESSORY STRUCTURES SETBACK,8:07 P.M.—8:22 P.M.—Continued -Passed a resolution authorizing submittal of the 2040 Comprehensive Plan to the Metropolitan Council Barnhart stated people can sign up for the notify me e-mails on the City's website to receive notification of meetings and to receive the Planning Commission and City Council agendas. Barnhart stated the City's new website is expected to go live by the end of June. Thiesse asked if anyone has discussed notification on sketch plans. Barnhart stated it is on the list of items to be discussed. Barnhart noted the purpose of a sketch plan is primarily a policy review of what is being proposed to make sure it is consistent with the applicable rules. 8. PLANNING COMMISSION LIAISON FOR JULY 9,2018,CITY COUNCIL MEETING JOHN THIESSE 9. OTHER ISSUES FOR DISCUSSION None PLANNING COMMISSION COMMENTS None ADJOURNMENT Ressler moved,Olson seconded,to adjourn the Orono Planning Commission meeting at 8:25 p.m. VOTE: Ayes 6,Nays 0. ATTEST: i /) Jo n Thiesse, Chair Page 21 of 21