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HomeMy WebLinkAbout08-08-1994 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • AUGUST 8, 1994 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. The following represented staff: City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Kevin Staunton, Public Works Director John Gerhardson, City Engineer Glenn Cook and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:30 p.m. ( * #1) CONSENT Kelley requested that Items #4 and #6 be added to the Consent Agenda. Goetten added Items #7 and 8. It was moved by Jabbour, seconded by Hun, to approve the Consent Agenda as amended. Ayes 5, nays 0. ( * #2) APPROVAL OF THE MINUTES - REGULAR MEETING OF JULY 25, 1994 It was moved by Jabbour, seconded by Hurr, to adopt the minutes of the Regular Meeting • of July 25, 1994. Ayes 5, Nays 0. PARK COMMISSION COMMENT Park Commission Chair Dick Flint was present and commented that the Park Commission has been considering the "Friends of the Parks" award. Lili McMillan will be accepting suggestions for the September award. PLANNING COMMISSION COMMENTS Dale Lindquist was present representing the Planning Commission and had no comments. PUBLIC COMMENTS There were no comments from the public. ( #3) #1942 WILLIAM J. STODDARD, 2605 KELLY AVENUE - CONDITIONAL USE PERMIT - RESOLUTION NO. 3455 Mr. Stoddard was present. . 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 8, 1994 • ( #3) #1942 WILLIAM J. STODDARD, 2605 KELLY AVENUE - Continued Mabusth explained that the applicant was seeking a conditional use permit for an existing guest house apartment of 20' x 36' located above an existing detached garage on the property. He is also requesting connection of sewer and water to the unit to install a bathroom and kitchen area. The northwest corner of the structure is located 3.1' from the lot line. The one acre zoning district requires two acres for a guest house and the property consists of 1.7 acres requiring a lot area variance. She added that the Planning Commission recommended unanimous approval of the application. Mabusth continued that the structure is considered a guest house because it is a detached structure. With the extension of sewer and water, it could be considered a separate residential unit. It can never be rented. The living space above the garage has existed for 35 -40 years. Mayor Callahan noted the neighbors approved of the improvements but he questioned the hardship. Stoddard responded that the living space above the garage has existed for many years. Water has been connected but there are no records of this connection. The principal residence is very small with only two bedrooms. This extra space would help considerably with guests. Hurr asked if someone may want to subdivide in the future if a sewer and water unit were granted. Mabusth did not think anyone would want to consider this structure as a home because • it is very small. It could not be subdivided because there is not adequate area. Jabbour felt if the applicant were charged for sewer and water, the City is indirectly telling him there are two building sites. He did not object to the improvements but felt the hook -ups should be done through the main residence with no additional connection charges. Mabusth disagreed noting the applicant is receiving the right to have an additional bathroom and kitchen for the period of time the structure is used as a guest house at very nominal fees. She added it has been the policy of the City to charge a separate sewer and water connection when there is a detached guest house apartment. This establishes a record of sewer and water to the detached structure. Hun asked how the value would be changed by adding sewer and water to a non - conforming structure. Mabusth responded the value would increase. Jabbour asked the City Attorney if providing separate sewer and water connections to the guest house would give future owners a better chance of subdivision of the property. City Attorney Staunton replied that the guest house would be considered an accessory use. He did not understand the requirement for doubling the lot area requirement. Mabusth agreed with Jabbour that adequate area for a potential subdivision and separation from the principal structure have been considered in the past in approving guest house use. 2 40 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • AUGUST 8, 1994 ( 0) #1942 WILLIAM J. STODDARD, 2605 KELLY AVENUE - Continued Kelley asked if the structure was to be used only as a garage with sewer and water if it would be assessed the connection fees. Mabusth stated there would be no connection charge but sewer service would not be approved because of potential use as a separate residential unit. Kelley noted that at the present time a drain cannot be installed in a garage that goes to a sewer line. Mabusth added that a request for sewer to a garage would require Council approval. Hurr asked how the code addresses improvement of non - conforming structures and the percentage of improvement. Mabusth responded that the code only addresses non - conforming uses, not structures. City Attorney Staunton added that if the use existed prior to zoning changes, the use was approved until there were major changes or intensification proposed. Gaffron explained that in the Flood Plain Ordinance there were regulations about the percentage of improvements to structures in the 0 -75' setback area, but the similar language in Section 10.03 about non - conformities applies to non - conforming uses, but not to non - conforming structures. Stoddard commented that he bought a 100 year old home and guest house about a year ago that is in very good shape. He would like to make some improvements to continue the care of the • property. In working with the City staff to obtain a building permit, he was advised that he had to apply for a conditional use permit and area variance. He requested Council to take action on the application with the condition that there would be no future subdivision allowed. He did not think the present or any future Council would grant a subdivision for this property. Mayor Callahan commented that despite Stoddard's plans for the property, future owners may not have the same view. Any permission granted is related to the property, not the owner. Mayor Callahan asked about the available sewer unit since there seemed to be a shortage of units available to Orono. Mabusth replied that since this property was in a sewered district, there was adequate capacity available in the sewer line to support this additional sewer unit. Goetten felt Council would support the proposed improvements but there was concern over the future use of the property. She would support approval of the application with the condition that no further subdivision of the property would be allowed. It was moved by Jabbour, seconded by Kelley, to approve Resolution No. 3455 granting a conditional use permit for the existing guest apartment above the detached garage and an area variance of 14,112 s.f. or .32 acres, subject to the conditions that no subdivision of the lot will be allowed, the structure may never be used for rental purposes and a fire wall separation must be provided between lower level garage and first floor level guest apartment. Sewer and water is to be provided through the main residence with no additional sewer and water connection fees. is Ayes 5, nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD . AUGUST 8, 1994 • ( #3) #1942 WILLIAM J. STODDARD, 2605 KELLY AVENUE - Continued Kelley asked how other members would feel about restricting the kitchen. Goetten did not object to the kitchen. Hurr felt more comfortable without the kitchen and was troubled with the hardships. Jabbour felt there was a trend towards families having extended family members living with them and did not object to the kitchen. ( * #4) #1945 ROBERT AND VELMA WOLFF, 4450 FOREST LAKE LANDING - VARIANCES - RESOLUTION NO. 3456 It was moved by Goetten, seconded by Jabbour, to adopt Resolution No. 3456 that would permit the construction of a 10' x 14' three season porch at the southeast corner of the existing lakeside deck approving an intensification of a portion of the structure that encroaches the average lakeshore setback line by 26', a side setback variance of 3.5' or 35 %, intensification of a portion of the structure that encroaches the required side yard, lot coverage variance for an intensification of structure where excesses of 464.1 s.f. or 4.3% exist and a hardcover variance within the 75 -250' setback area of 1,390 s.f. or 20.5 %. Ayes 5, nays 0. ( #5) #1947 SAILORS WORLD, 1955 SHORELINE DRIVE - AMENDED VARIANCE APPLICATION It was moved by Mayor Callahan, seconded by Hurr, to table this application until the August 22, 1994 Council meeting as there were no representatives present. Ayes 5, nays 0. A neighbor who lives across from the marina expressed his frustration with coming to various meetings with no resolution to the problems. ( * #6) AMENDED SHORELAND FLEXIBILITY REQUEST - CITY OF MOUND It was moved by Goetten, seconded by Jabbour, to accept the information presented in the memo dated August 3, 1994 regarding the Shoreland Flexibility Request by the City of Mound. Ayes 5, nays 0. MAYOR /COUNCIL REPORT 1. Jabbour reported he has been attending LMCD subcommittee meetings regarding the envelope issues for marinas. Docks are in the correct placements but boats extend well beyond the envelope encroaching into neighboring properties or setbacks. Hurr explained that at one time marina owners were allowed a certain number of boats at 20' lengths and they wanted to keep that same number even though the boats have increased considerably in size. An envelope was established for the marina owner to decide how he could best use the envelope rather than how many boats would be allowed. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD • AUGUST 8, 1994 MAYOR/COUNCIL REPORT - Continued 2. Hurr requested that a work session be established to discuss the County Road 6 /Watertown Road improvements. Since the Highway 12 mediation meeting was cancelled for August 23, a work session was scheduled for 8:00 a.m. on August 23, 1994. 3. Hurr reported on the committee meetings regarding Long Lake. City Administrator Moorse confirmed that the Watershed District will be scheduled for a presentation at the August 22, 1994 meeting. 4. Mayor Callahan commented on a letter received from the Regans at 3410 North Shore Drive regarding public landings. He added the letter was well - written with valid concerns and a reply would be made. Jabbour requested a copy of this letter be sent to the DNR Trails and Waterways Department, the LMCD, and the Hennepin County Public Works Department. ENGINEER'S REPORT 1. City Engineer Cook reported that the Old Crystal Bay Road Bridge has been torn down • with new construction to begin. • 2. The Brown Road project will begin in about two weeks. 3. City Administrator Moorse explained the MWCC Reconveyance. In 1976 the MWCC took over one of the City's sewer lines to use as an interceptor with a purchase agreement over a 30 year period. In 1988, the MWCC decided to build their own interceptor and no longer needed Orono's. The City then took the maintenance of the former interceptor. Several years later, the MWCC requested that the City make payment towards the interceptor. The City opposed this request. The MWCC has now made a proposal wherein the remaining 12 years left on the payments to the City by the MWCC would be somewhat reduced. Moorse felt the proposal was reasonable in concept, and involved significantly less dollars than the MWCC's original proposal. Hurr requested additional time to review the information and suggested discussion continue at the next Budget meeting. 4. Mayor Callahan asked about the meeting scheduled regarding the Kelley Avenue Drainage issue. City Administrator Moorse responded that an information meeting was scheduled to meet with those people, approximately 6 or 8, potentially most directly affected by a stormwater project. The Public Works Director and City Engineer will be in attendance. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 8, 1994 • ENGINEER'S REPORT - Continued 5. Jabbour requested an update on the HRA numbers. Moorse responded that he has been working with John Davies of Kraus Anderson on the three issues remaining. Approximately $16,000 remains to be paid out to three contractors upon completion of cement work and landscaping. CITY ADMINISTRATOR'S REPORT ( *#7) APPOINTMENT OF JUDGES FOR SEPTEMBER STATE PRIMARY ELECTION - RESOLUTION NO. 3457 It was moved by Goetten, seconded by Jabbour, to approve Resolution No. 3457 appointing election judges for the September 13, 1994 primary election. Ayes 5, nays 0. ( * #8) EMPLOYMENT OF CITY RECORDER It was moved by Goetten, seconded by Jabbour, to approve the appointment of Sherry Frost as City Recorder. Ayes 5, nays 0. ( #9) CITY LEGAL SERVICES • It was moved by Jabbour, seconded by Kelley, to retain the firm of Popham Haik as the City's legal firm. Ayes 5, nays 0. Hurr asked if the conditions discussed at the meeting with Popham Haik will be included. City Administrator Moorse confirmed that they will be included in the agreement. CITY ATTORNEY'S REPORT City Attorney Kevin Staunton had nothing to report. ( #10) LICENSES Home Occupation License - 650 North Brown Road The applicant, Warren Garrett, was present. Gaffron explained that the code requires home occupations to be licensed in compliance with the ten standards listed in the memo dated August 2, 1994. In general, the standards include having no employed assistants, that it be the home occupation of only the persons living at the residence 6 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD . AUGUST 8, 1994 Home Occupation License - 650 North Brown Road - Continued and that the home occupation happen within the dwelling. Staff feels there is a conflict because a proposed 1600 s.f. garage would house equipment to be used in the lawn care and snow removal business and employed assistants would come to the property to pick up trucks or work on equipment that is not within the principal structure. Staff would recommend denial since all standards are not met. One option Council may choose is to direct the applicant to apply for a variance if Council is favorable to allowing the home occupation. "Home occupation" is listed as an accessory use, therefore a variance would be required to the performance standards for an allowed accessory use. Garrett commented that he had spent much time with Mabusth and questioned if the home occupation license was necessary. He intends to build the garage whether the home occupation license is granted or not. He responded to concerns stated in the staff memo. He would store off - season equipment in the garage. He has explained to the neighbors in the town homes his plans. The 28' enclosed trailer he owns will be stored off -site at the new Long Lake Power Equipment building, of which he is a third owner. Employees will park at Long Lake Power Equipment while doing their daily work. He does have an office in his home to do paperwork and handle phone calls. He agreed there may be some excess fuel storage. He felt the impact • on neighboring properties was minimal as the garage will be designed similar to the home and will have screening with evergreens on three sides. He did not feel there would be complaints of noise at odd hours in the wintertime because he would only be starting his own truck to go to work at 2:00 a.m. Exhaust odors would not be created by the pickup. Traffic on the driveway serving the town homes would only be two cars in the wintertime to carpool to the snow removal equipment and the cars would be parked in the garage. He stated the neighboring town homes had no major objections to his plans. The home occupation would not be visible from the street because he lives on a private road and his lot is 1200' deep (almost 4 acres) with the proposed garage midway down the driveway. He would not need or want any signs. There are no products that he sells, only service. He would only store tools not used on a daily basis in the garage. Garrett commented on the staff review of home occupations since 1985. He felt there would be much less traffic in his business than a manicuring service. Building contractors would have equipment stored on site for their business. Finally, he objected to the statement "uses that involve trucks, equipment, and employees coming and going generally have resulted in complaints." He thought this presumed he was guilty of violations before being given a chance. Goetten asked if there would be room for storage of off - season equipment at the Long Lake Power Equipment building. Garrett responded there would not be room as this was an entirely separate business for retail sales of outdoor equipment. He presently stores equipment at 2285 Daniels Street in Long Lake and operates from there. Garrett added he would have personal • equipment to store in the garage as well as business equipment. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 8, 1994 . Home Occupation License - 650 North Brown Road - Continued Jerry Knox, President of West Shore Town Homes, commented that they shared concern over Garrett running his business from his home. He asked if granting a home occupation license would grant Garrett more rights than he currently has. He added that Garrett is presently a great neighbor and he would have no problem with the home occupation if it stays the same as it currently exists. Hurr did not feel a violation of code related to home occupations could be allowed and she would not support any exemption to the code. Jabbour expressed concern with having any commercial equipment at the residential property but did not object to the office in the residence. He was also concerned about excesses of fuel to be stored on the property. Mayor Callahan asked Garrett if he operated a snow plowing service last winter. Garrett responded that he had from the building on Daniels Street but would prefer to have the business located on his own property. Garrett again questioned the necessity of obtaining a home occupation license. Jabbour felt Garrett's business would be considered commercial if he took a deduction for • equipment on his income tax. It was moved by Hurr, seconded by Goetten, to deny the home occupation license for Warren Garrett of 650 North Brown Road. Ayes 5, nays 0. Garrett asked if he had no employees working for him if the license would have passed. Members of the Council did not think so. ( * #11) BILLS It was moved by Goetten, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT It was moved by Hurr, seconded by Jabbour, to adjourn the meeting at 8:59 p.m. 0 i64rd J. Call n, Jr., Mayor LJ