Loading...
HomeMy WebLinkAbout10-17-2016 Planning Commission Minutes • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 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 Bruce Lemke,Denise Leskinen, Loren Schoenzeit, and Jon Schwingler. Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Members James Cornick, Lizz Levang, and Dennis Walsh were 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 SEPTEMBER 19,2016 Lemke moved,Leskinen seconded,to approve the minutes of the Orono Planning Commission meeting of September 19,2016,as submitted. VOTE: Ayes 5,Nays 0. 2. #16-3866 LECY BROTHERS ON BEHALF OF CHARLIE AND NORA DAUM, 120 FAGERNESS POINT ROAD,VARIANCES This item was removed at the request of the Applicant. 3. #16-3870 SCOTT HOCHSTEDLER,VACATION OF HILL STREET, 6:32 P.M.—6:36 P.M. Scott Hochstedler,Applicant,was present. Barnhart stated the two property owners adjacent to a 130-foot lot segment of unimproved Hill Street are requesting formal vacation of this roadway. The adjoining parcels use Crestview Avenue for access and legal frontage. The segment to be vacated does touch an improved lot to the east,270 Crestview,though this lot has direct frontage on Crestview Avenue, which is further to the north. The only improvements within the right-of-way to be vacated are private, which is a drive serving 300 Crestview Avenue. The City Engineer recommends that an easement for drainage purposes be acquired,which is a common easement acquired as part of platting. Hill Street,west of Crestview Avenue,was vacated in 2001. There are no known utilities in the street that need to be vacated. Whenever a public street is vacated,the vacated portion is split down the middle,with each abutting parcel receiving half. The northern half would go to 290 Crestview and would increase this lot size, removing the need for certain variances associated with a planned expansion of his home. The southern half would go to 300 Crestview. The property owners plan an easement to protect the existing driveway. Staff is recommending approval of the vacation as proposed subject to an easement being executed for drainage and utility purposes similar to what the City requires on newly platted properties. Thiesse asked is there is five feet on either side. Barnhart indicated side property lines are generally five feet on either side. Page 1 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse asked if there would be five feet to the side of the driveway. Barnhart stated the driveway would be covered by a separate easement between the two property owners and not the City. Scott Hochstedler,Applicant, was present but did not address the Planning Commission. Chair Thiesse opened the public hearing at 6:35 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:35 p.m. Schwingler commented the application is fairly straight forward. Schoenzeit asked whether any of the pavement will be removed. Thiesse stated there will just be a standard easement in the event the City has to work within the right-of- way. Barnhart stated through the easement the City can require that and that they are not proposing any work within the proposed vacation area. Leskinen moved, Schwingler seconded,to recommend approval of Application No. 16-3870, Scott Hochstedler,vacation of Hill Street per Staff recommendation. VOTE: Ayes 5, Nays 0. 4. #16-3869 SCOTT HOCHSTEDLER,290 CRESTVIEW AVENUE,VARIANCE, 6:36 P.M.—6:44 P.M. Scott Hochstedler, Applicant, was present. Barnhart stated the applicant is requesting a variance from the front yard setback requirements that would permit a front setback of 41.7 feet where 50 feet is required. The applicant is proposing a 359 square foot addition onto the front of his home. The addition would be located 41.7 feet from Crestview Avenue and 33.9 feet from the existing property line to the south given the recent recommended approval of the vacation. Without the vacation the addition would be located 13.9 feet from the south property line. Barnhart displayed a survey of the property and pointed out the location of the addition. The proposed addition is to the right of the front door. Barnhart pointed out the location of the new property lines with the vacation of Hill Street and noted that the lot is now large enough to accommodate the proposed single- level addition to the house. Barnhart displayed a sketch of the proposed house. Barnhart stated based upon their analysis, Staff found that a majority of the standards have been met. The proposed improvement requires a 9-foot reduction in the front yard setback, which leaves 41.7 feet of separation between the house and the street. With this reduction,the large yards envisioned by the Page 2 of 19 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. ordinance and Comprehensive Plan are maintained and preserved. Most of the other homes in the neighborhood are similar in size, with setbacks from Crestview a shorter distance than proposed by the applicant. Further, alternative locations for the expansion would require other variances, which may result in greater impact to adjacent properties or require an upward addition,which may have a greater massing impact on the neighborhood over what is proposed. Staff supports the front yard setback variance request as proposed. Barnhart noted without the vacation of Hill Street, additional variances for hardcover and structure would be required. The Planning Commission had no questions for Staff. Scott Hochstedler,Applicant, thanked the Planning Commission for consideration of their application. Hochstedler stated they have been working on this project for over a year and that the information before the Planning Commission has been the result of a lot of give and take on both sides. Hochstedler stated in their view careful consideration has been given to the issues. Chair Thiesse opened the public hearing at 6:43 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:43 p.m. Thiesse asked whether the Planning Commission feels this meets the standards for a variance. Lemke stated in his view the addition works well, is within the parameters of the neighborhood with regards to setbacks, and would be an improvement to the house. Schoenzeit stated he agrees with Staff's report that this is the best location for an addition. Leskinen indicated she is in agreement with Staff's recommendation. Lemke moved, Schoenzeit seconded,to recommend approval of Application No. 16-3869, Scott Hochstedler,290 Crestview Avenue, granting of a front yard setback variance. VOTE: Ayes 5, Nays 0. 5. #16-3871 JACOB PIVEC ON BEHALF OF MIKE SETNICKER, 1175 WILLOWBROOK DRIVE,VARIANCE, 6:44 P.M.—6:50 P.M. Jacob Pivec,Applicant,was present. Curtis stated the applicant is proposing to construct a 1,400 detached garage on their property for storage. The garage is proposed to be set back 50 feet from the front lot line. The home is set back 82 feet. Because an accessory building must not be located closer to the street than the principal building, a variance is necessary. All other setbacks and zoning requirements are met. The property is approximately 5.5 acres in area. Given the size of the lot, a single oversized accessory structure with a maximum of 2,200 square feet is permitted. The applicants are proposing a 1,400 square foot garage. Curtis noted Staff's report inadvertently omitted the hardcover calculations for this property. The hardcover for the garage is proposed to be at 3.7 percent. Page 3 of 19 MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday, October 17,2016 6:30 o'clock p.m. The building official has conducted a preliminary septic analysis for the project and he has requested additional information from the applicant to ensure that the project will not impact the existing or future sites. The building official's comments are included in the Planning Commission packet. Staff would require that information be confirmed prior to the issuance of a building permit. The Planning Commission may wish to discuss the practical difficulty analysis contained in Staff's report. The applicant should be asked for additional testimony regarding the application as well. Staff finds the location and orientation of the existing home,the septic sites, and topography of the property make locating a conforming accessory structure difficult. It appears the impact of the 1,400 square foot garage would be mitigated by both the existing wooded areas and the separation between the building and the homes on adjacent properties. Neighbor comments were received and are included in the Planning Commission's packet. Staff recommends approval of the variance in conjunction with the property owners agreeing to the oversized accessory structure covenants to be recorded against the property. The Planning Commission had no questions for Staff. Jacob Pivec,Builder, stated he would be able to answer any questions the Planning Commissioners may have. Chair Thiesse opened the public hearing at 6:47 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:47 p.m. Schwingler commented in his view it is the right location for the building given the lot configuration. Thiesse stated it is probably the only location given the septic,the force main, and the topography. Thiesse stated his concern is with the four trees that are being removed. Pivec stated there are a number of trees in that area. Thiesse noted there appears to only be a couple of scrub trees between the road and the accessory building but that everywhere else there appears to be a number of trees. Pivec pointed out on the overhead the location of the mature trees to the side of the house. Pivec stated their idea is to plant some birch or maple trees to try to continue to keep the canopy for privacy purposes. Thiesse asked if the temporary building in the back yard will be removed. Pivec indicated it will be. Page 4 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Schwingler moved,Leskinen seconded,to recommend approval of Application No. 16-3871,Jacob Pivec on Behalf of Mike Setnicker, 1175 Willowbrook Drive,granting of a variance subject to the property owners agreeing to the oversized accessory structure covenants that will be contained within the approval resolution and submittal of additional information regarding the septic system. VOTE: Ayes 5,Nays 0. 6. #16-3872 REVISION,LLC,ON BEHALF OF TIMOTHY AND AMY SULLIVAN, 440 BROWN ROAD SOUTH,VARIANCE, 6:50 P.M.—6:55 P.M. Alex Lang with Revision, LLC, and Timothy and Amy Sullivan,Applicants, were present. Curtis stated the applicants are the new owners of the property and wish to construct a 1,200 square foot detached accessory building which will resemble a barn in appearance. The building is proposed to be set back approximately 175 feet from the front lot line. The home is set back approximately 220 feet. All other setbacks and zoning requirements will be met. Due to the location of the building to the house, a setback variance is required. The two and a half acre property is allowed to have a maximum accessory structure of 1,200 square feet. Oversized accessory structure covenants would be required. The building official has completed his review of the septic system for this project and has also requested additional information from the applicants to make his final determination. His comments have been included in the Planning Commission packet. Any outstanding septic issues must be resolved prior to issuance of the building permit. Staff has provided an analysis of the practical difficulties within the Staff report. The applicant has completed the practical difficulties analysis form and the Planning Commission may ask for additional testimony regarding this application or discuss the practical difficulty criteria. Staff finds that the location of the existing home, septic sites, and wetland/pond on the property make locating a conforming accessory structure,particularly an OAS in the size as permitted, difficult. The impact of a 1,200 square foot two-story barn will be mitigated by both the existing wooded areas and the separation between the barn building and the homes on adjacent properties. No public comments have been received regarding this application. Planning Staff recommends approval of the variance subject to the property owners agreeing with the oversize accessory covenants. The Planning Commission had no questions for Staff. Timothy Sullivan, Applicant, stated he could answer any questions. Chair Thiesse opened the public hearing at 6:53 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:53 p.m. Page 5 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Lemke asked if the applicant has spoken with the neighbors. Amy Sullivan indicated they have and that no one had any objection. Lemke commented the building makes sense. Leskinen stated in her view it meets the practical difficulty criteria as outlined in Staff's report. Leskinen stated given the deep setback of the house,there really is no other place to locate the structure. Thiesse noted all the other zoning requirements are met. Schoenzeit stated the proposal seems reasonable. Schwingler moved, Schoenzeit seconded,to recommend approval of Application No. 16-3872, Revision,LLC,on behalf of Timothy and Amy Sullivan,440 Brown Road South, granting of a variance subject to the property owners agreeing to the oversized accessory structure covenants that will be contained within the approval resolution and septic information being submitted. VOTE: Ayes 5,Nays 0. 7. #16-3873 RYAN AND NATALIE BLACKWELL,80 SMITH AVENUE,VARIANCES, 6:55 P.M.—7:01 P.M. Natalie and Ryan Blackwell,Applicants, were present. Curtis stated the applicants' home is situated as close as 17.8 feet to the front lot line, which is Smith Avenue, 11.8 feet from the north side lot line, approximately 90 feet from Lyman Avenue on the side, and over 200 feet from the rear lot line. The majority of the home is nonconforming with respect to the front and side yard setbacks, although the house as it is could be legally rebuilt in kind in its current location. The applicants are proposing to construct footprint and second floor additions to the existing home which will allow for additional bedrooms and living space. The applicants are proposing a 12-foot extension towards the street resulting in a 22.3 foot setback as well as expansion of the garage 11 feet also within the front 50-foot setback. With the exception of the 15' x 19' master bedroom at the rear of the house,the entire home is located within the 50-foot setback. The proposed expansions of the second story over the existing home and proposed additional both require front and side yard setback variances. In addition, two new rear decks are proposed, with variances being required. Staff has provided an analysis of the practical difficulties within the Staff report and the Planning Commission may ask for additional testimony regarding this application or discuss the practical difficulty criteria. No public comments have been received regarding this project. Staff finds that the nonconforming location of the house resulting in limited to no expansion opportunities on a nearly one acre property constitutes a practical difficulty with respect to making any improvements or changing the footprint. The variances are supported by practical difficulties and Staff recommends approval of the variances as requested. The Planning Commission had no questions for Staff. Page 6 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Natalie Blackwell, Applicant, stated before they wanted to remodel,they wanted to live in the home for a period of time and get to know the neighbors. Currently there is a single-stall garage on the property. Blackwell indicated they have met with Staff a couple of times prior to developing the plan in order to understand the rules and to create a plan that would follow those rules. Blackwell stated she hopes the Planning Commission likes their plan and will recommend approval to allow them to proceed forward to the City Council. The Planning Commission had no questions for the applicant. Chair Thiesse opened the public hearing at 6:58 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:58 p.m. Thiesse stated it appears to be a reasonable use of the property and that they are limited in what they can do given the topography. Thiesse stated a two-stall garage is reasonable for Minnesota and a two bedroom home is not out of line. Lemke commented it is a nice improvement over what exists currently. Schwingler stated there were also no comments from the neighbors. Schwingler stated in his view it is a great improvement. Lemke asked if the applicants have spoken to any of the neighbors about the improvements. Ryan Blackwell indicated they have spoken to all the neighbors and they all said it was a nice improvement. Leskinen moved,Lemke seconded,to recommend approval of Application No. 16-3873,Ryan and Natalie Blackwell,80 Smith Avenue,granting of side yard and front yard setback variances. VOTE: Ayes 5,Nays 0. 8. #16-3874 STONEWOOD,LLC,ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD,VARIANCES, 7:01 P.M.—7:27 P.M. Sven Gustafson with Stonewood, LLC; Kathy Alexander,Architect; and Lyle and Gretchen Shaw, Applicants,were present. Gaffron stated the applicants are planning to construct a new home on a substandard lakeshore lot. The property currently contains an existing small home with no garage. The property is located on Shadywood Road on the west side of Crystal Bay. The property is one of the smallest lots in the neighborhood along that shoreline. The applicants are requesting variances for hardcover, lot area, lot width, and structural lot coverage. The proposed survey also shows that there is a 10-foot setback requirement where the applicants are proposing nine feet. Staff believes the house can be shifted slightly to meet the 10-foot setback. Page 7 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. The existing house is fairly small compared to most of the other homes in the neighborhood and has existed as a cabin for a number of decades. The proposed house is a bit larger than what currently exists. When Staff performed an analysis of five homes to the north and five homes to the south, it was determined that the proposed 18.2 percent structural coverage would not be inconsistent with the neighborhood. The lot consists of a quarter acre in a half-acre zone. The applicants are also looking for a hardcover variance to allow 29.6 percent where 25 percent is allowed. In this situation where the existing house has no garage and the proposed house will have an attached garage that meets the required 30-foot setback from the street right-of-way, additional driveway is required. A backup apron is also proposed to allow for easier access onto Shadywood Road. The existing house encroaches slightly into the average lakeshore setback as well as into the 0-75 foot zone. The proposed house,however, will meet the average lakeshore setback and the 75-foot setback. There is a grade level patio proposed that is located partially within the 0-75 foot zone where no hardcover would normally be allowed,which requires a variance. Staff has provided an analysis of the variance requirements. Lot area and width variances are appropriate given the nature of the lot and the history of the lot sizes in this neighborhood. Staff, however, does not feel there is a justification for the side setback variance since the house can be relocated slightly to meet that setback. Staff does not generally recommend granting a variance for structural lot coverage for a new home where there are opportunities for an alternate design, especially in a complete teardown/rebuild situation. The 15 percent limit was established in 1989 primarily to limit structural massing on properties less than two acres in area. Lots smaller than 10,000 square feet are allowed 1,500 square feet of structural lot coverage. Given the surrounding homes,the proposed home is fairly modest along with a fairly modest patio. In terms of the hardcover,the driveway is proposed at a minimum width based on the width of the garage doors and a backup apron. If the width of the driveway is reduced, it would make it difficult to maneuver. Gaffron stated he would answer any questions the Planning Commission may have. Schoenzeit asked what the average ages of the homes were that Staff surveyed. Gaffron indicated there was a range of ages. Some of the homes are fairly new within the last 5 to 15 years. Schoenzeit asked if many of them were constructed with structural coverage variances. Gaffron indicated he did not research to see if they had been granted structural coverage variances but many of them were granted hardcover variances. Gaffron stated in his view most of them are over the 15 percent limit. Thiesse asked if the property to the south is yet to be developed. Thiesse noted the property to the north is much larger than this property. Page 8 of 19 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Gaffron stated the property to the north is almost double the size,with a fairly large house, and the house to the immediate south is also larger than the applicants' proposed house. Gretchen Shaw,Applicant, stated at the time of the original submittal,they had not gotten the signatures of the adjacent neighbors. Shaw indicated they have subsequently obtained the signatures of those neighbors and that she would like to submit those at this time. Shaw stated the only suggestion they received was to improve the landscaping, which is something they intend to do. Shaw stated they have owned the home for approximately 20 years. It is currently a cottage or cabin structure and is quite limiting in use. Shaw stated they are planning to retire and that they hope to use it as a year-round home. Shaw stated in its current state,they could not do that. Lyle Shaw, Applicant, stated the house was constructed in the 1940s and is pretty limited. Shaw indicated one neighbor actually reviewed the plans in quite a bit of detail and suggested including a few windows. Jeff Gustafson, Stonewood, stated they are willing to relocate the house slightly to eliminate the side yard setback variance. Gustafson noted in Staffs report it says the property to the south was granted a variance for 20 percent structural coverage in 2006 and that they used that as a guide for what might be reasonable. The Planning Commission had no questions for the applicants. Chair Thiesse opened the public hearing at 7:11 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:11 p.m. Lemke stated he agrees with Staff and that the house appears to fit in with the rest of the neighborhood. Lemke commented the current house is quite limiting. Thiesse pointed out if you take the square footage of the proposed garage and subtract it from the structural coverage,they would be at the current structural coverage on the lot. Thiesse stated it is the garage that is adding the structure to the property and that the applicants have a right to have a garage in Minnesota. Thiesse noted the hardcover is being driven by the turnaround,which is absolutely necessary given the road, and that narrowing up the driveway will not help the lake. Schwingler commented the proposed house improves the neighborhood. Leskinen stated she was thinking the same thing about the garage and that is what is driving the structural coverage. Schoenzeit stated if the City keeps approving structural coverage variances rather than the lots becoming conforming as they rebuild,this whole neighborhood will be rubberstamped at five percent more structural coverage. Schoenzeit stated regardless of where a property is located,the City allows them a 1,500 square footprint,but that these applicants are getting 1,951 square feet over the 1,611 allotted based on their lot size.. Page 9 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse noted the lot is small. Leskinen stated that is part of the practical difficulty, especially given the contour of the shoreline, and that in her view it is a reasonable request. Schoenzeit asked why the neighboring house received a 20 percent structural coverage variance. Gaffron indicated he does not know the answer at this time but that Staff can research it prior to the City Council meeting. Thiesse noted that house was built 10 years ago,which is when the precedent was set. Thiesse stated if you look down the channel on the other side south of this area,those houses are also becoming very similar in size. Schoenzeit stated the question is if it makes sense or it is a good idea, is it becoming a wink-wink, nod- nod situation. Schoenzeit stated typically 15 percent has been a very sacred number. Thiesse stated he would agree it is more often than not. Schwingler commented the Planning Commission looks at these on a case-by-case basis and that he does not have an issue with it in this situation. Thiesse noted the applicants are proposing the same size house but are requesting a garage, which is a reasonable request. Schoenzeit stated if this one is not held to the same standard as other lots in the City, in his view the structural coverage variance is losing its weight. Thiesse stated if a 1,600 square foot house and garage are constructed, it would not fit in with the neighborhood since both homes on either side of this property are huge. Schoenzeit stated perhaps this is a discussion for a work session. Schoenzeit stated if the City is not going to enforce the 15 percent structural coverage limit,then it should not be on the books. Thiesse stated the City has held the 15 percent number sacred for a number of years and that this is a variance request. Schoenzeit commented the argument could then be made for a 3-stall garage rather than a 2-stall garage, which would help make for cleaner neighborhoods. Thiesse pointed out the City has granted a number of hardcover variances in the past as well but that is not being discussed tonight. Schoenzeit stated if the rule is 15 percent, the house is too big. Schoenzeit stated if the City is going to stop enforcing 15 percent structural coverage,then it is a reasonable project based on the other homes in the neighborhood. Schoenzeit stated depending on what the duty of the Planning Commission is, it could be an issue. Page 10 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse stated the duty of the Planning Commission is to answer the practical difficulty questions, and that one of the questions is whether it fits the neighborhood. Schoenzeit stated at 15 percent, it would still fit in with the neighborhood. Leskinen commented she would disagree with that. Schoenzeit stated when the next guy asks for a structural coverage variance,there is no way the City can hold him to 15 percent if they approve this one based on the rationale that it fits the neighborhood. Thiesse commented he agrees with that but that he is not going to vote on this one simply because the next application is requesting a structural coverage variance. Thiesse stated he believes this one fits in with the neighborhood. Leskinen noted the whole point of the variance is if it cannot meet the ordinance as it stands and the practical difficulties of this application are very clearly outlined. Leskinen stated by taking it on a case- by-case basis,that does not mean the Planning Commission is blowing off the 15 percent. Leskinen stated the Planning Commission has to deal with the merits of what is in front of them. Schoenzeit stated in the past the Planning Commission has encouraged the applicants to acquire more land if their lot is substandard and they want a bigger house. Leskinen stated the Planning Commission is not talking about that tonight. Schoenzeit commented the City loses credibility in enforcing it anywhere else. Thiesse stated the City has been trying to hold the 15 percent sacred for a long time but that the City has allowed the other numbers to go all over the map. Schoenzeit noted it is a clean sheet and it is way bigger than what would normally be allowed on this size of property. Thiesse commented a 1,000 square foot house on Lake Minnetonka does not cut it in this day and age. Schoenzeit noted it is 1,611 square feet. Thiesse stated the garage consists of the other structural coverage and that it is basically a 1,000 square foot house. Schoenzeit stated if the City is going to stop enforcing structural coverage, it should be discussed in a work session. Thiesse asked if hardcover and average lakeshore setback variances will also be discussed at the work session since they are also being requested tonight. Schoenzeit stated a structural coverage limit is a starting number. Schoenzeit commented the distance of the driveway from the street that naturally adds coverage to the house is fine if it is necessary,but that if one of the top numbers is no longer solid,then the Planning Commission should stop reviewing it. Page 11 of 19 MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Barnhart stated what he is hearing is that the neighborhood has established the scope of the structural lot coverage or style of house and that it might be appropriate to suggest that the City re-examine the structural coverage in certain areas where variances have been granted in the past. Barnhart stated it might be appropriate to look at different standards for different areas at some point in the future but that the Planning Commission should still examine the variance in this case based on what has been presented tonight. Schoenzeit commented the discussion may need to be around nonconforming lakeshore lots where 15 percent structural coverage is not reasonable. Schoenzeit stated the Planning Commission can have that discussion. Lemke stated he understands what Commissioner Schoenzeit is saying,but that given this situation, in his view it is a great solution for a very limiting lot. Lemke stated the practical difficulties are met and that he would vote to approve it. Schoenzeit stated if there is a lakeshore amenity checklist and many people do it for under 2,000 square feet,then the 15 percent limit is out of date. Thiesse stated he agrees and that perhaps the limit should be 2,000 square feet. Schwingler noted that is not before the Planning Commission tonight. Schoenzeit stated based on what is before the Planning Commission,they have to adjust the criteria to put it through. Thiesse commented the City adjusts the criteria for variances all the time. Thiesse stated the applicants can shrink it until it becomes unlivable in order to meet the limit but that they are requesting a variance. Schoenzeit stated he would be happy to discuss it in a work session. Leskinen moved,Lemke seconded,to recommend approval of Application No. 16-3874, Stonewood, LLC,on behalf of Lyle and Gretchen Shaw, 1750 Shadywood Road,granting of lot area,lot width, hardcover and structural lot coverage variances,as outlined in Staff's report,with elimination of the side setback variance. VOTE: Ayes 5,Nays 0. 9. #16-3875 PILLAR HOMES PARTNER, INC., ON BEHALF OF WHITNEY WINDMILLER AND GREG BLASKO,3295 CRYSTAL BAY ROAD,VARIANCE, 7:27 P.M.— 7:46 P.M. Casey Chermak,Pillar Homes, was present. Barnhart stated the applicant is requesting variances to allow construction of a new residence at 3295 Crystal Bay Road and is requesting lot area, lake yard,rear yard, and structural coverage variances. The proposed home would extend into the required lake yard by 11 feet,reduce the rear yard setback to 11 feet where 30 feet is required, and include 17 percent structural coverage where 15 percent is permitted. The proposal does meet the average lakeshore setback. Page 12 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Barnhart noted at the variance training last month,the Planning Commission heard that the property owners are allowed to build within the building setbacks, 30 feet high at 15 percent maximum. The property currently contains a single level walkout home and the applicants are proposing a two-story home with a walkout. There will be visual impacts as a result of the project. Barnhart displayed the survey of the property and pointed out the location of the lake and the road. Crystal Bay Road in this situation is quite a bit lower than the proposed home pad and the people in the area will be able to see the house up on the hill. Barnhart noted there is currently some pretty dense vegetation along the road. Access will be provided through an existing Hennepin County easement that was approved back in 2007. The only comments the City has received to date are to preserve the drivability and the maintenance of that existing driveway. Barnhart stated it would be appropriate to include that as a condition. Barnhart pointed out the proposed garage is situated 11 feet from the property line. The average lakeshore setback line cuts through the subject property. The proposed encroachment into the rear yard setback is for the garage and there is also a portion of the home that encroaches in the 0-75 foot zone. Barnhart illustrated the buildable area of the property. Barnhart stated currently there is an existing water main that runs between 9 and 23 feet north of the property line. That existing water main is not within an easement. Staff has advised the applicant to relocate their house at least ten feet away from that existing water main to allow the City to maintain or replace that water main at some point in the future should it become necessary. Barnhart noted that water main does influence what is buildable. The existing home is within the side yard setback for the property to the north and also encroaches into the lake yard by a small amount. The Planning Commission should discuss whether the proposed improvements meet the criteria for a variance. Barnhart noted the configuration or design of the house has been made to minimize the impacts to the properties to the north and south as well as the lake yard but some variances are still required. Barnhart noted the proposed house is quite a bit higher than what currently exists and that a taller house where a smaller house once stood will have some visual impacts. The applicants are allowed a maximum height of 30 feet. Barnhart displayed a picture of the rear yard of the property. Barnhart noted the property to the south received a variance in 2014,which was for a setback of 57 feet from the ordinary high water line where 75 feet is normally required. That property also received a variance for 36 percent hardcover where 25 percent is normally allowed. Properties on either side have been granted variances since 1989. Barnhart displayed a picture of the area along Old Crystal Bay Road. The vegetation along the road is proposed to be maintained. Barnhart displayed a picture illustrating the easement and a sketch of the proposed home. The applicants are proposing a 2,200 square foot home which does not appear to be out of character with the neighborhood. Barnhart stated the applicant is here to address any questions the Planning Commission may have. Page 13 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse asked if there is a maintenance agreement for the gravel driveway. Barnhart stated it would be part of the easement but that he has not seen an easement at this point. One of Staff's recommendations would be to monitor the gravel drive at the beginning of the project and then verify at the conclusion of the project that it is within the same standards. If the majority of the construction occurs during the winter, damage to the gravel driveway would be minimized. Casey Chermak,Pillar Homes, stated Staff has been very forthright and has helped guide him along the way. The location of the water main was pointed out to them very early on in the process and was a driving force in what is being proposed for the property. Chermak stated the location of the water main was not known prior to the purchase of the property and that the larger setback is more onerous on the property owners. Chermak stated based on Staff's request for an easement, it seemed fair to pull the garage forward. The size of the garage has also been reduced and was set forward a little bit to hold the grade up on the north side. The south side of the garage would act like a landscaping retaining situation, which also enabled n some of the trees in the front near the gravel road to be retained. Chermak stated if they look at the survey,they modified the grade where the utilities are very minimally so that access to that area would be easy. Some of the architectural things that were done were driven by that easement and that they attempted to make the house fit into the neighborhood. Chermak noted the new house to the south is a two-story house and fits very well in the area. Chermak stated they wanted to blend this house in with the older house to the north and the newer house to the south. As it relates to the structural coverage,the proposal is just slightly over the limit. Chermak stated in his calculation he might have accidentally included the 88 square feet for a front stoop and that there is no structure proposed for the front stoop. Chermak stated it is his belief that might not have needed to be counted in the structural coverage. Hardcover was kept at 25 percent and structural coverage is proposed at 17 percent. The Planning Commission had no questions for the applicant. Chair Thiesse opened the public hearing at 7:40 p.m. Greg Blasko,Applicant, commented the property and the water main has been a little bit of a challenge but in their view they have done a good job of working within the bounds and the project will improve the property. Chair Thiesse closed the public hearing at 7:41 p.m. Thiesse asked if the City will be requiring an easement over the water main. Barnhart stated Staff is recommending an easement over the water main and that in Staff's view the water main is justification for the variance. Thiesse asked if the existing house is already within the 0-75 foot setback. Barnhart indicated it is. Page 14 of 19 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Thiesse asked if the road is counted in the calculations. Barnhart stated Crystal Bay Road is within the property but is not within the hardcover calculations or the lot size. Whitney Windmiller, Applicant, stated if the road is taken out of the calculation,that gets them to 17 percent,but if the road is included,the structural coverage would be at 15 percent. Barnhart stated Staff generally in these situations imagines that the land or road is not there for purposes of calculations. Thiesse commented he finds it unfortunate there is a road there. Schoenzeit stated anytime there is a property where there is not an existing easement for the utilities, some leeway is in order since the City is an unlicensed user of the land. Schoenzeit stated any accommodations made for the pipe and grading are great and justifies the variance requests. Lemke noted neither of the adjacent properties meet the 75-foot setback and that it would be tough to enforce it on this property when it is not enforced on the other two properties. Thiesse commented the house fits the character of the neighborhood. Schoenzeit noted it is not a new encroachment. Thiesse pointed out the patio encroaches a little bit further than what currently exists. Lemke commented he hates to see the three large oak trees removed. Thiesse asked if they have any concerns with winter construction. Blasko stated they do not. Schwingler commented it is a definite improvement to the area. Lemke moved, Schoenzeit seconded,to recommend approval of Application No. 16-3875,Pillar Homes Partner,Inc.,on behalf of Whitney Windmiller and Greg Blasko,3295 Crystal Bay Road, granting of lot area,lake yard, rear yard, and structural coverage variances,subject to monitoring and verifying the condition of the gravel driveway and further subject to an easement being provided. VOTE: Ayes 5,Nays 0. 10. #16-3876 STONEWOOD,LLC, ON BEHALF OF LUKE BELTNICK, 1380 ORONO LANE,VARIANCES, 7:46 P.M.—8:03 P.M. Sven Gustafson with Stonewood, LLC, and Luke Beltnick,Applicant, were present. Curtis stated the applicants are currently constructing a new home on the property and are preparing to rebuild an in-ground pool in the same location but would like to reorient the pool deck/patio area. The Page 15 of 19 MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. applicants wish to reconfigure the patio in order to reduce hardcover within the 0-75 foot area and to make it more functional. The changes result in a 299 square foot reduction in the hardcover within the 75-foot setback. Because the applicants are proposing to change the footprint,hardcover and setback variances are required. With the permit for the home,the applicants were proposing a driveway that met the 35-foot wetland setback,which is located at the rear of the property. After reviewing the functionality of the layout,the applicants are now requesting to enlarge the driveway to allow a 10' x 20' bump-out to encroach 10 feet into the wetland setback. The site is well below the 25 percent hardcover limitation but there is a setback requirement for hardcover from the wetland. The applicants are also proposing a small 76-square foot shed adjacent to the pool in order to store the pool essentials and equipment which is currently stored in a fenced in area,which will be removed. The shed would be within the 50-foot side street setback and 19 feet from the side street lot line. The existing white fence will be removed and replaced with vegetative screening. Staff provided an analysis of the practical difficulty criteria within Staff report. The Planning Commission may choose to discuss the criteria tonight or ask the applicant for further testimony. Staff finds that due to the limiting conditions on the property, it may be reasonable to permit the encroachment into the wetland setback for a portion of the driveway, allow for reorientation and reduction of the pool patio hardcover within the 75-foot setback; and permit the pool equipment shed to be constructed between the side street and the home. Comments were received from the neighbors and have been included in the packet. Staff recommends approval of the application conditioned upon requiring native vegetation in appropriate areas in order to mitigate the additional hardcover within the buffer and/or lake setbacks. Staff further recommends requiring vegetative screening of the shed if approved. The landscaping plan submitted by the applicant does incorporate screening along the roadway as well as behind the shed, which will help screen it from the road. The plan shows some arborvitae plantings in place of the white fence and some screening around the hot tub area and the shed. Schoenzeit asked if a residential landscaping plan is binding. Curtis stated the City can require it as part of mitigation efforts for a variance. Curtis stated the plan on the overhead is the plan that was provided with the building permit application for the home, which is one of the City's requirements. Curtis stated she does not know if the shed was depicted on the building permit plan but the trees along Orono Lane were shown. Luke Beltnick,Applicant, stated as it relates to the parking,there are some aerial pictures that depict the area. Beltnick stated they are proposing to relocate the parking area and make it slightly smaller. Sven Gustafson pointed out the location of the existing parking area and noted that it is quite a distance from the house. Gustafson stated the desire was to slide it closer to the house,which makes it more functional as someone is backing out of the garage. It also is pulled further away from the wetland. Beltnick stated all the pool equipment currently is stored in a 7' x 10' fenced in area by the road and that there is no other place to put the shed. Beltnick noted the road is the reason for the variance and that it Page 16 of 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. acts basically as the neighbor's driveway. Beltnick stated the road is narrow, with no cul-de-sac, and turns directly into the neighbor's property. Beltnick stated no traffic goes down there. Beltnick stated the neighbor is in support of the shed. Staff displayed an aerial picture of the property. Thiesse asked if any landscaping is anticipated across the road. Beltnick indicated they are. Thiesse asked if the culvert will remain. Gustafson indicated there will need to be some sort of culvert and that they would like to lower the elevation of the culvert. Gustafson stated currently it goes beneath the driveway, then goes above grade, and then back down below grade. Gustafson stated it needs some improvement over what currently exists. The Planning Commission had no questions for the applicant. Lemke asked if there is some formal landscaping being proposed for near the wetland. Curtis indicated the Watershed District would dictate what happens in that 25-foot buffer area and the City does not limit the type of soft scape that is put in. Curtis stated the City limits hardcover and structure in the 35-foot buffer but that certain types of plants would be allowed as long as the Watershed District approves them. Chair Thiesse opened the public hearing at 7:56 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:56 p.m. Leskinen asked whether the driveway apron currently encroaches into the wetland setback. Curtis stated the bump-out apron currently does,but with the proposed house it will be considered a pre-existing nonconformity and would require a variance. Schoenzeit stated the recommendation should include mitigation in kind for the encroachment into the wetland buffer. Thiesse asked if that is something the City has to require or whether it would be required by the Watershed District. Curtis stated the City would need to recommend mitigation in equal square footage to the encroachment. Thiesse asked if the applicant is okay with that. Page 17 of 19 • • MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday,October 17,2016 6:30 o'clock p.m. Gustafson requested clarification on how it would look. Curtis stated they are meeting the Watershed District's setback but that the Planning Commission is suggesting mitigation of similar square footage for the amount of hardcover that is encroaching. Curtis stated it would either need to be mitigated in the buffer or the ditch could be improved to a higher quality. Gustafson asked if it can be anywhere along the wetland on the property. Curtis stated she would suggest it be between the house and the wetland. Schoenzeit moved,Leskinen seconded,to recommend approval of Application No. 16-3876, Stonewood,LLC,on behalf of Luke Beltnick, 1380 Orono Lane,granting of a side street setback variance, a 0-75 foot setback variance,hardcover variances,and a wetland setback variance,with the recommendation that a 1:1 buffer mitigation be done. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 11. UPDATE ON CITY COUNCIL MEETINGS HELD ON SEPTEMBER 26,2016, AND OCTOBER 10,2016 Barnhart reported on the following City Council actions: • Approved the Peter Bluth application on Carman Street on Consent. • The Larson and Mabusch sketch plan was reviewed,with the Council not being in support of the proposed density. • Approved the variance for 1100 Old Crystal Bay Road. • The sketch plan for the marina property was tabled at the request of the applicant. Barnhart noted the Council will not see that until November. • The 500 Willow Drive South application was approved on Consent. • The text amendment regarding appeals was approved with some minor changes. • The Irwin Jacobs final plat application was approved on a 3-2 vote. 8. OTHER ISSUES FOR DISCUSSION None ADJOURNMENT Leskinen moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 8:06 p.m. VOTE: Ayes 5,Nays 0. ATTEST: 4111,4John Thiesse, Chair Page 18 of 19