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HomeMy WebLinkAbout11/19/2012 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19,2012 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Loren Schoenzeit, Commissioners Lizz Levang, Christopher McGrann,Bruce Lemke,Denise Leskinen,Kevin Landgraver,and John Thiesse. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning Mike Gaffron,Planning Coordinator Melanie Curtis, and Recorder Jackie Young. City Council Member Aaron Printup arrived at 6:43 p.m. Chair Schoenzeit called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 4, 5 and 6 were added to the Consent Agenda. Leskinen moved, Schoenzeit seconded,to approve the Consent Agenda as amended. VOTE: Ayes 7,Nays 0. *1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 15, 2012 Leskinen moved, Schoenzeit seconded,to approve the minutes of the Orono Planning Commission meeting of October 15,2012, as submitted. VOTE: Ayes 7,Nays 0. NEW BUSINESS 2. #12-3573 HERMAN AND MARILYN C RAWFORD,4745 NORTH SHORE DRIVE, VACATION OF DEDICATED RIGHT-OF-WAY,6:33 P.M.—6:56 P.M—7:11 P.M. Marilyn Crawford,Applicant, was present. Gaffron stated the applicants are requesting vacation of the portion of"Lake Street"which abuts the southerly boundary of the property and is parallel and adjacent to the shoreline. Lake Street was dedicated within the plat of Bergquests and Wicklund Park, and Hennepin County in 1889. A number of similar vacation requests have been approved by the City in the past,with some in the immediate neighborhood and many on Forest Lake. The property consists of three adjacent lots located along the south side of North Shore Drive, legally described as Lots 1, 2,and 3. Between the property and the shore is a dedicated right-of-way platted as Lake Street. These lots and the right-of-way were created in 1889. At that time, it was common to plat and dedicate roads that abutted and paralleled the shoreline. Although many of these platted roadways may have served some public value at the time, few, if any,have been developed or improved. Currently most are virtually unrecognizable as roadways. Additionally, over time many have been eroded such that they are partially or completely lakeward of the OHWL and sometimes under water. In the past the city of Orono has vacated many of these shoreline right-of-ways, while maintaining a strong stand against vacating those alleys or fire lanes that are perpendicular to the shoreline which would potentially provide public access to the lake from other right-of-ways further back from the lake. Page 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19,2012 6:30 o'clock p.m. Lake Street was originally platted at a 20-foot width. The current survey indicates a width ranging from 22 feet to 45 feet as measured from the south property line to the 929.4 foot contour line. Topographic information from various sources shows that the property has a very steep slope to the shore with no terrace level at the base. As a result,vehicular travel within the right-of-way is not feasible and pedestrian use is minimally possible at best. It is Staff's conclusion that vacating the right-of-way as requested will have no impact on present or future public accessibility to the lake. The MN DNR has submitted a letter expressing their opposition to the proposed vacation. The DNR suggests that there are potential unknown future public uses of the right-of-way. The DNR's opposition does not preclude the City from approving the vacation. Staff would argue that this particular right-of-way has no apparent present or future benefit to the public because of the topography of the site. It can be argued that the public will benefit by the private ownership of this area because the adjacent property owners,not the public,have a strong interest in protecting and maintaining the immediate shoreline to prevent erosion and s lope failure at this site. The City,the County, and the State realistically are not going to spend tax dollars maintaining this shoreline. Additionally,the existence of the platted road calls into question the property owner's rights to keep a deck at the site,which has been the primary basis for the many similar vacations occurring in the past. Zoning Code Section 78-9 governs the vacation of streets, alleys and public grounds. In past vacation requests,the City has determined that vacation may be appropriate when the following conditions are met: 1. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. It is Staff's opinion that these three conditions are applicable to the segment of Lake Street. The property owner's legal access to the property will not be affected by the vacation of Lake Street and no adjacent or nearby properties will have their access limited by it. Due to topographical constraints,this area of shoreline is not conducive to pedestrian movement. Staff therefore believes the existing and future public access to the lake will not be reduced or impacted by this vacation. Staff recommends approval of the vacation application as proposed by the property owners. Schoenzeit asked what the status is of the lots on either side of this property. Gaffron indicated those properties have not requested that area to be vacated. Gaffron stated the lot to the east appears to have been vacated. Schoenzeit asked if the subject lot is considered a lakeshore lot. Gaffron stated technically it is considered a lakeshore lot since the City has allowed a dock in that area. Schoenzeit asked how this would impact the property's hardcover levels. Page 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19,2012 6:30 o'clock p.m. Gaffron indicated it would increase the lot area. Gaffron illustrated on the overhead the approximate area that is proposed to be vacated. Gaffron recommended the Planning Commission consider vacating as much of that area as possible and that the county will need to agree on the exact same area. Schoenzeit asked if it would be helpful if the Planning Commission used the criteria outlined in Staff's report to illustrate the differences between this platted roadway and a public fire lane. Gaffron stated any similar situation that does not limit someone's access to the lake would be able to be vacated. None of the City's fire lanes that go to the shore from an inland road or property would be able to be vacated. Lemke asked why the DNR would be opposed to the vacation. Gaffron noted no one from the DNR is in attendance at tonight's meeting. Gaffron stated from a policy standpoint,the DNR is probably taking into consideration a 1944 court case that dealt with a similar situation and that one of their responsibilities is to preserve the lakeshore. If the area is flat and allows access to the lake,the DNR would likely oppose the vacation. Gaffron noted the City of Mound has a number of these similar platted roads that have not been vacated, which allows people to have a dock on what could potentially not be their property. The City of Orono has not wanted to get into that type of situation. Schoenzeit asked if this will increase the value of the property. Gaffron indicated it could potentially increase the value of the property at the time of sale. Schoenzeit asked if there is anything that would impair the applicant from using their dock. Gaffron indicated there is not. Landgraver noted on the Forest Lake map it appears there is one property that has not been vacated. Landgraver asked why that property has not been vacated. Gaffron indicated the vacations happened at two different times, once in 1988 and once in the 1990s. The property owners were given the option to vacate at that time but there were a few property owners who chose not to vacate. Gaffron indicated he is not sure why those property owners decided not to vacate. Gaffron noted there was a situation off of Elmwood where the City vacated the street to the back and it left a property in the middle without access. Gaffron stated in his opinion the road was vacated in error. McGrann asked if Staff is aware of any other vacated property that has become an issue. Gaffron indicated he is not aware of any other situation where a vacation has had negative consequences. Marilyn Crawford,Applicant, stated the neighbors to the west at 4753 North Shore Drive have already vacated that roadway. Crawford indicated they were advised that vacating that road would be beneficial and that the property would then be considered lakeshore. Page 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19,2012 6:30 o'clock p.m. Chair Schoenzeit opened the public hearing at 6:53 p.m. There were no public comments regarding this application. Chair Schoenzeit closed the public hearing at 6:53 p.m. Leskinen and Levang indicated they would have placed it on the Consent Agenda except for the letter from the DNR and that they were expecting someone from the DNR to appear at tonight's meeting. Thiesse moved,Leskinen seconded,to recommend approval of Application#12-3573,Herman and Marilyn Crawford,4745 North Shore Drive,vacation of dedicated right-of-way. VOTE: Ayes 7, Nays 0. 3. #12-3581 MICHAEL AND SHARON BASKFIELD,2755 CASCO POINT ROAD, VARIANCE,6:57 P.M.—7:12 P.M. Michael Baskfield,Applicant; and Dan Murphy, Contractor, were present. Curtis stated the applicants are requesting a hardcover variance to allow the reconstruction and reconfiguration of a lakeside deck. With concurrent proposed deck hardcover removals,the hardcover is proposed to increase slightly from 28 percent to 28.3 percent using the total lot area of the Tier 1 property. Structural coverage is also proposed to increase slightly from 18.8 percent to 19.1 percent. Since the applicants utilized the old hardcover worksheets, Staff has adjusted the numbers to account for the exclusion of fabric-lined landscape beds,retaining walls, and 100 square feet of deck or patio. At 4,298 square feet, or 28 percent,the property currently exceeds the allowed hardcover level by 3 percent. In addition,the applicants' proposal appears to result in a 0.3 percent increase in hardcover and structural coverage. Staff understands the applicants' intent was to balance the existing with the proposed hardcover and structure. However, Staff has not received a revised plan and the proposed levels still exceed the code-allowed hardcover level of 25 percent by 498 square feet and the structural coverage level of 15 percent by 2,300 square feet. The proposal also exceeds the existing levels of 28 percent hardcover and 118.8 percent structural coverage by 45 square feet. A 75-250 foot zone hardcover variance was granted in 1989 in order to allow construction of a new home, deck, driveway and sidewalk. Under the new method of calculation,the allowed total hardcover was 3,833 square feet of the total, including the shed. At the time the variances were granted,there was no lot coverage standard in place. In August, 1989,the City Council adopted Ordinance No. 72, Second Series, that limited lot coverage to 15 percent. Compared to the site plan that was approved in 1989,there appears to be an additional 140 square feet of structural coverage. After reviewing the 1989 survey for the proposed home, it appears the house was constructed generally according to the approved plan, if only slightly larger. The driveway as shown on the 1989 survey generally appears to follow the same shape and size as what currently exists but exceeds the 1989 level allowed for the driveway and sidewalk by 109 square feet. The additional hardcover on the property today, which was not part of the plan in 1989,appears to be the stairs and stepping stones along the north side of the home, a paver patio, a slightly larger deck,a little straightening in the driveway, and a deck on the boathouse. Page 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19,2012 6:30 o'clock p.m. Staff does not find a practical difficulty supporting the requested increase in structural coverage or hardcover. Staff recommends approval of variances according to the following: 1. The applicants should redesign their plan to conform to either the current levels; 2. The applicants should redesign their plan to conform to the previously approved hardcover level; or 3. The Planning Commission should grant a hardcover variance at a level between Items 1 and 2 above as deemed appropriate. Staff recommends denial of the variance to increase structural coverage levels. Staff is supportive of a variance for reconstruction of the existing deck provided there is no net structural or hardcover gain. At a minimum 45 square feet of area should be taken out of the proposed deck. Thiesse asked if Staff is requesting approximately 50 square feet of hardcover be removed. Curtis indicated that is correct. Curtis stated in her earlier discussions with the applicant, it was her understanding that they would not be asking for an increase. Schoenzeit noted the property is 635 square feet over the limit. Curtis stated Staff feels the hardcover and structural coverage should be reduced down to the allowable limits. Curtis noted the applicants' neighbor did e-mail Staff last week and had some comments about the application. The neighbor did indicate he is supportive of the application as proposed. Dan Murphy, Contractor, stated part of their confusion was that there was a change in the way hardcover was being calculated from the time they started the project to the time the application was ready to go before the Planning Commission. One of the surveys does show a smaller deck but it is not depicted on the stamped surveyor's report. Murphy indicated the main objective of the project is to replace and reconfigure the deck at the same size. Murphy indicated they are not requesting any additional hardcover over what currently exists. Thiesse asked how the applicant is proposing to construct the deck. Murphy stated the existing deck is larger than what they are proposing to construct. Murphy indicated they went with the spiral staircase to keep the deck at the same size. Murphy stated in 1989,there was a drainage issue prior to the purchase of the property by the Baskfields and some retaining walls were constructed,which increased the hardcover on the property. There is now a buffer zone between the two properties to retain some bf the water. Murphy indicated they do not want to remove that because it will negatively impact the neighboring property and that they are agreeable to keeping the deck at the same size or reducing it by 45 square feet. Page 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19, 2012 6:30 o'clock p.m. Mike Baskfield indicated they did not make any of the changes that have occurred on the property over the years and that they basically have inherited the situation. Baskfield indicated they would like to replace their deteriorating deck. The drainage has been improved by the work that has been done previously. Baskfield stated they would like to remove the staircase and move it over to the side. Levang asked if they are agreeable to reducing the deck by 45 square feet. Murphy indicated they are and that he will have the survey corrected. Schoenzeit asked whether the Planning Commission would need to approve the hardcover at the level that was originally approved in 1989. Curtis indicated the Planning Commission would be voting on what exists today. Curtis noted she did remove the retaining walls but the steps and stepping stones are included in the hardcover. Curtis noted the one difference she found from the previous,survey and the updated survey was the deck and brick patio on the lakeside shed. Curtis indicated she is not able to tell whether that was there in 1989 or was added at some other point. Curtis stated Staff sometimes finds that everything shown on today's surveys were not always depicted on older surveys. Levang asked if the fabric needs to be removed. Curtis indicated it does not count in the hardcover calculation and does not need to be removed. Chair Schoenzeit opened the public hearing at 7:10 p.m. There were no public comments regarding this application. Chair Schoenzeit closed the public hearing at 7:10 p.m. Thiesse moved, Schoenzeit seconded,to recommend approval of Application#12-3581,Michael and Sharon Baskfield,2755 Casco Point Road, granting of a hardcover variance at the existing hardcover level per Staff's recommendations. VOTE: Ayes 7,Nays 0. *4. #12-3584 PERRY SCHMIDT ON BEHALF OF RALPH AND PEGGY BURNET, 517 FERNDALE ROAD NORTH,AFTER-THE-FACT CONDITIONAL USE PERMIT Leskinen moved, Schoenzeit seconded,to recommend approval of Application#12-3584,Perry Schmidt on behalf of Ralph and Peggy Burnet,517 Ferndale Road North, granting of an after-the- fact conditional use permit. VOTE: Ayes 7,Nays 0. *5. #12-3580 CITY OF ORONO ON BEHALF OF DONALD O'REILLY,ET AL.L,3928 CHERRY AVENUE, REZONING Leskinen moved, Schoenzeit seconded,to recommend approval of Application#12-3580, City of Orono on Behalf of Donald O'Reilly, et al.,3928 Cherry Avenue. VOTE: Ayes 7,Nays 0. Page 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19,2012 6:30 o'clock p.m. *6. #12-3586 CITY OF ORONO, ZONING CODE—HOUSEKEEPING AMENDMENTS Leskinen moved,Schoenzeit seconded,to recommend approval of Application#12-3586,City of Orono,Zoning Code—Housekeeping Amendments. VOTE: Ayes 7,Nays 0. 7. 2013 COUNCIL MEETING LIAISON SCHEDULE Leskinen moved,Lemke seconded,to approve the 2013 Council meeting liaison schedule as submitted,with the understanding that the replacement for Lizz Levang will be assigned the open meetings. VOTE: Ayes 7,Nays 0. PLANNING COMMISSION COMMENTS 8. REPORT FROM PLANNIING COMMISSION REPRESENTATIVES ON CITY COUNCIL MEETINGS HELD ON OCTOBER 22,2012,AND NOVEMBER 13,2012 Levang reported at the October 22 City Council meeting, Gabriel Jabbour made a brief presentation regarding the shoreline restoration on Big Island. The project was very successful and has improved the area. Items 5, 6, and 7 were placed on the Consent Agenda. Levang noted that Item No. 7 was the application where they were proposing to construct a portion of the deck into the fire lane. Curtis noted the applicants elected to construct the deck above a portion of the house which met the setback and did not require a variance. Thiesse asked how big the deck ended up being. Curtis indicated she is not sure of the exact dimensions but that it is approximately 5.5 feet. Levang noted the Orono Orchard Road application and the Lien application were placed on the Consent Agenda. Lemke asked if the fees were reduced on the Lien application. Curtis indicated the reduction in fees was not requested of the City Council at the time of preliminary plat approval but that the applicant would likely ask for that at the time of fmal plat approval. Gaffron stated Item No. 8 was regarding the placement of a moratorium on accessory structures and uses in residential districts that were not included in the list of allowable structures and uses. Staff is reviewing the list to see whether any other accessory structures and/or uses should be included. OTHER ISSUES FOR DISCUSSION Curtis asked whether the Planning Commission would like to schedule a work session on December 5th. It was the consensus of the Planning Commission to schedule a work session. Levang asked if it would be helpful to review the number of applications the Planning Commission has reviewed and approved and the number that the City Council has denied and the reasons for the different recommendations. Page 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 19,2012 6:30 o'clock p.m. Curtis indicated it would be difficult for Staff to conduct that review prior to the next work session. Levang indicated she would be willing to review the minutes and put together a summary. Gaffron noted included in the Planning Commission packets tonight is a notice of various training sessions being held on January 12, 2013,and that the deadline for registering for any of the sessions is December 27,2012. ADJOURNMENT Leskinen moved,Thiesse seconded,to adjourn the Orono Planning Commission meeting at 7:32 p.m. VOTE: Ayes 7,Nays 0. SA/ta.e_A./ i3 Loren Schoenzeit, Chair Page 8