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HomeMy WebLinkAbout01-17-1995 Planning Commission MinutesPLANNING COMMISSION \ - PUBLIC ATTENDANCE MEETING DATE�.�; PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. COUNCIL NAME (please print) 1. 2. 3. 4. 5. 0- 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 16, 20. PRESENT FOR ( from agenda) ADDRESS NAME OR NUMBER • k ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 17., 1995 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Charles Schroeder, Stephen Peterson, Sandra Smith, Dale Lindquist, Candace Rowlette, Charles Nolan, Jr., and Janice Berg. Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost represented Staff. Chair Schroeder called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARING/PUBLIC INFORMATION MEETING ( #1) 7:30 P.M. #1990 ROBERT W. CARLSON, 710 GANDER ROAD - VACATION OF EASEMENT - 8:05 -8 :08 P.M. Mr. Carlson was not present. No member of the public had any comments. Schroeder moved, Lindquist seconded, to table Item # 1990. Ayes 7, Nays 0. ACTION ITEMS ( #2) #1975 LARRY ANHALT, 2190 WAYZATA BLVD. - APPEALS - • CONTINUATION OF PUBLIC HEARING - 7:00 -8 :05 P.M. The Applicant was present. Mabusth said this application has been taken in as an appeal because of the many land use issues that must be resolved before a formal application can be filed. The plan calls for a commercial use of Outlot E, Sugar Woods, in B1 zoning district. The Planning Commission is asked to determine if the proposed use is consistent with intent of B -1 code for a "garage" use. There is also the issue of a partially platted east/west road to the north of the property, and City's plan to seek a final access to east at North Brown Road. The conceptual site plan consists of a showroom, an office area, garage, and car wash. One third of the structure will be for office and showroom use with the remainder for the garage and car wash. The applicant advised the showroom will house such items as tires, exhaust systems, and brake systems. One major issue involves a conflict with plat maps presented with information. The fight- of-way issue needs to be solved. Staff provided an exhibit depicting the various options for right -of -way dedications. The City Engineer and Mn/DOT say that a C/D line is being sought in the 1995 improvements. The plat map for the County shows the right -of -way as an E/F line. According to Dennis Hill of the County's Property Description Office, we should go with the right -of -way we depicted by the C/D line in lieu of that shown on the current County plat map. Hwy 12 at this location will have a median in the center is probably a turn to left or east. The median is part of the 1995 safety improvements. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 17, 1995 ( #2 - #1975 Larry Anhalt - Continued) The northern 55' of the property must be rezoned from RR -1B to B -1 consistent with directives of Sugar Woods plat. The commission discussed the need to plat the remainder of the east/west road which they advised should be platted as part of this application. The road will run from the Otten property at the west and through Anhalt's property, eventually to Brown Road. The road will be installed based on demands for future development. The Sugar Woods covenants say that at the time the common corridor is to be platted that the road will be designated. It was noted that because applicant has been asked to dedicate additional right -of -way for 1995 Hwy 1.2 improvements, Mn/DOT has approved a single curb cut to property. The land owner, Sid Rebers, along with his legal representative, Greg Poe, were present. Rebers originally owned 41 acres from Sugar Woods to Hwy 12. Poe discussed why it was his opinion that the east/west, Brown to Willow Road, connection is not functional. Cliff Otten was also present. The easement goes through the Otten property into the Reber property. • It was important to note that easements now exist from Willow Road over Outlot D within applicant's property and does not extend any further into Outlot F. This would have to be asked for as part of the application process. Outlot D was created as part of the future road. Any development of the property east of the Wear property would trigger construction of the road. The first issue to be resolved would be in the proposed use permitted under the B -1 code. Anhalt's business, Pro Tire and Exhaust, is a retail/installation operation involving what he called quick items, tires, shocks, struts, exhaust, alignments, and oil changes. The plan is for a garage consisting of four, east facing bays and a car wash for his clientele, not for the general public. The location would provide good exposure being located on Hwy 12. It should be noted that the site allows adequate room to move the proposed building to the rear as Mn/DOT is taking additional land for right -of -way. Anhalt is asking for clarification from the Planning Commission on the zoning issue in order to proceed with site planning. Mabusth reviewed the intent of the B I sales district that encourages commodities or services for the surrounding neighborhood and may adjoin a residential area. It must be serviced by municipal water and sewer, and direct highway access is needed. The garage use is listed under the conditional use section of the code and includes repair of cars, which must be totally enclosed. . The rear and front setback requirements present no problem. There are recent Mn/DOT changes to Hwy 12 that the City and Applicant will need to review for this application. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 1.7, 1995 ( #2 - #1975 Larry Anhalt - Continued) The Planning Commissioners voiced their approval of this land use saying it was consistent with the City's comprehensive plan. Nolan brought up the number of parking stalls needed for this usage. Mabusth said this would be studied as part of the conditional use permit process. Neighbor, Bill Wear, of 2160 Wayzata Blvd., said he was concerned with the curb cut. He feels it is too close to his property and should be relocated. Otherwise, he finds the application to be satisfactory. Cliff Otten, the property owner to the immediate west noted his support and approval of the application. Peterson moved, Smith seconded, to approve Application # 1975, with the finding that the applicant complies with the B 1 zoning code and amendment two of the Comprehensive Plan. The applicant must come back before the commission with a formal conditional use permit and commercial site plan; rezoning and subdivision application. The commission reaffirmed for applicant that the City will expect the designation of a future connection road to North Brown Road at the time of the platting of Outlot F. Ayes 7, Nays 0. ( #3) #1981 TODD R COURNEVA, 4620 TONKAVIEW LANE - VARIANCE - CONTINUATION OF PUBLIC HEARING - 8:08-5:20 P.M. The Applicant was present. Mabusth said the Applicant has come back with a new plan which does not encroach the bluff area. The proposed house has been downsized, and the garage has been relocated to the west side and reduced to two stalls. The proposed house will be located 25' from the street lot line where 35' is required. The setback from the existing traveled road will be 46' and at 42' if Tonkaview Road is upgraded at 28' width, as proposed by the City Engineer. The setback from the 10' grassed boulevard of the upgraded road is 32' from the north side, where 35' is required. Peterson, who was one of three commissioners who reviewed this application at the last meeting, recalled that if a variance was to be needed, preference was to the street side and not to the bluff area side. A main concern was with the drainage for the proposed plan. Rowlettte was concerned that no water goes down the hill on the site. Nolan said a landscape stabilization plan would be needed along with a drainage plan designed by a professional engineer. Smith is concerned with the patio and the placement of the building over the smaller hill. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 17, 1995 •( #3 - #1981 Todd R. Coumeya - Continued) Nolan moved, Rowlette seconded, to approve Application #1981 subject to review and acceptance by the City of a professional drainage plan, a comprehensive landscape stabilization plan, as well as an erosion control plan requiring periodic inspections by the City Engineer. Ayes 6, Nays 1, Smith. Smith's opinion is that the plan should move the house away from the smaller hill. (#4) #1986 DAVID YORKS, 2825 CASCO POINT ROAD - AFTER -THE -FACT CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING - 8:20 -8:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mrs. Yorks was present. Schroeder read a letter addressed to the City from Dave Stockdale of Edgework Builders, the contractor for the application, to be included as part of the public record, stipulating confirmation that proper construction procedures were followed for the retaining wall as required by the City. isMabusth said the application was an emergency situation that developed after the November Planning Commission meeting requiring the City to make a decision without first coming before the Commission and Council for approval. It was discovered that the retaining wall at the top of the bank leading to the lake was in a near state of collapse and measures needed to be taken immediately to safeguard bank before spring thaw and rains. The contractor failed to call for inspections during the reconstruction of walls, although, contractor did work with the City Engineer on the project. Since inspections would not confirm that the wall had been installed as required, the Engineer asked that a letter be submitted for the record. There were no public comments. Rowlette felt there should be no after- the -fact penalty due to the circumstances. Rowlette, moved, Nolan seconded, to approve Application # 1986 for an after- the -fact conditional use permit and setback variance for retaining wall with the recommendation that no penalty be assessed. Ayes 7, Nays 0. ( #5) #1987 LARRY PILLAR, 2705 ETHEL AVENUE - VARIANCE - PUBLIC HEARING - 8:30 -8:40 P.M. • The Affidavit of Publication and Certificate of Mailing were noted. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 17, 1995 •( #5 - #1987 Larry Pillar - Continued) The Applicant was present. Mabusth reported that the application involves a 10'x15' addition to the rear of a home that was installed without a building permit. The applicant's intention was to repair sections of the foundation of the three - season porch, which also provides an interior access to the basement area,, and found he needed to replace foundations, the wood frame walls and roof The addition was rebuilt within the original envelope. Applicant advised that he has been working on this project for a few months. The inspectors issued a stop work order, and applicant was advised of the need for a building permit and survey. The survey revealed the porch was 47" from the side lot line. The house is 4' from said line. There is a 14' unimproved alley which separates applicant's from the property to the north. If the alleyway was vacated, this property would receive the benefit of the eventual 14' wide alley. Lindquist moved, Berg seconded, to approve Application #1987 to include a penalty fee for not having acquired a building permit and that addition be completed within 90 days. Ayes 7, Nays 0. • It was noted that the shed on the property was not found on the survey and is located on the property line. The vacating of the alley would solve this problem. (#6) #1988 KENNETH J. SEVERINSON, 2800 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING - 8 :40 -8:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Mabusth reported that the application is for a setback variance required for reinstallation of new sections, 6 -Tin height, of a privacy fence adjacent to the southwest channel side and street side of the property. The original fence continued approximately T farther along the channel than the new fence. The Applicant said he was unaware of the need for a permit. It was discovered after 78% of the fence had been replaced. The fence is in the 0 -75' zone and is not considered hardcover. The Applicant said the noise level of the area without the privacy fence is very loud and is part of his hardship statement. Peterson and Smith were concerned with approving a fence here and setting a precedent for others to follow as a reason to grant a future request for fencing. • There were no public comments. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 17, 1995 (#6 - #1988 Kenneth J. Severinson - Continued) Schroeder moved, Rowlette seconded, to approve Application # 1988 for reconstruction of the fence due to the hardships listed. Ayes 5, Nays 2, Peterson, Smith Peterson said he would have liked to have seen a lower fence with shrubs to be consistent with other channel properties. Smith concurred. ( #7) #1989 WILLIAM STODDARD, 2805 KELLY AVENUE - CONDITIONAL USE PERMIT - PUBLIC HEARING - 8:50 -9:20 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. A letter from the Applicant to Orono officials was read to be added as part of the public record. It was noted that permits had been received from the Minnehaha Creek Watershed District and the Department of the Army /Corps of Engineers for the installation of the proposed pond. Stoddard had been in communication with the City over street flooding matters and wrongly assumed he had satisfied City requirements. This application is a land -use submission for a pond for water retention to aid with the flooding • that occurs in Kelly Avenue. Mabusth said the property has a low area approximately 80'x90' in which the Applicant would like to build a 60'x60' pond. Landscaping would also involve the placement of large rocks around the pond. The plan also includes the reseeding of all distrubed areas to more suitable vegetation. The Applicant would also like to realign his driveway due to the street flooding and is working with Public Works Director Gerhardson on this matter. The City Engineer recommended against large berm or rocks being placed in the unimproved right -of -way. Mabusth noted that this land is not a designated or protected wetland but a low retention area. This project will not impact the storm water plan and will have a minimal effect on retention during flooding. It was noted that the 550 -600 yards of soil material being removed is now being stockpiled but will be moved and trucked out by the contractor. Berg reported having received complaints over the depth of the pond. It was clarified that the pond will gradually deepen to approximately 6' to 8'. It was noted that eight neighbors have signed letters giving their approval of the pond as long as the pond conforms to regulations stipulated by the MCWD, Corps of Engineers, and the City of Orono. 6 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 17, 1995 ( 97 - #1989 William Stoddard - Continued) Neighbor, Clair Rood, asked how the pond would alleviate flooding of Kelly Avenue. Mabusth said that it would not solve Kelly Avenue flooding and would provide only a temporary respite for the water, would not add to the flooding problem, nor would it impact any future storm sewers. Peterson moved, Rowlette seconded, to approve Application # 1989 for a conditional use permit for a 60'x60' area to be upgraded to a type 3 wetland similiar to the pond developed for a property located at Orono Orchard Road. The surrounding area will need to remain natural, with cattails, and no mowing near the pond. The Applicant must work with the Staff on a vegetation plan. Ayes 7, Nays 0. (#8) #1991 CLAIR ROOD, 2525 SHADYWOOD ROAD - COMMERCIAL SITE PLAN - PUBLIC HEARING - 9:25 -10:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. This application is for a proposed office building on the west side of Shadywood Road on • lot 1 of Leach Addition Subdivision. A comprehensive plan is included for lot 2 of Leach Addition for another office building, both projects located within the 134 zoning district, and a duplex in the LR -1B zone. The subdivision was approved in 1978 with a 24' access and utility easement to serve residential lot along northwest lot line of lot 1. Mabusth said the property was the subject of a review in 1980 for an office building, which never transpired. The Applicant is proposing a 125x42' single story office building with a south- facing walkout. Mabusth noted that the parking stalls on the plan were not sufficient for the maximum use potential that a building of this size would demand. Although the Applicant's plan for the lower level involves storage only, the City looks at what the potential use could be in the future for determining parking stalls. If the building were a single story only, the number of stalls would satisfy City ordinances. The plans shows 25, 9'x18', stalls. The code calls for stalls at 9'x20'. This is a sensitive area where drainage is concerned. There is a 1.2" culvert which drains to the southeast to Lafayette Marsh subdivision. Plans for this site must include drainage calculations for determining runoff that will leave site at developed level, A retention area must also be included on this site. It should be noted that hardcover is less than 35% within the 500 to 1000' zone. Ordinance Section 10.56 allows for hardcover controls for isproperties located in commercial zones. 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 17, 1995 0 (#8 - #1991 Clair Rood - Continued) Commission concerns involve the use of hardcover with pavement within 20' of the front and with drainage going to the front. The duplex is proposed to share the driveway with the commercial use which is not allowed. The parking stalls also cannot back up onto the roadway as proposed. The 24' roadway easement is presently located on the north side of the property in question. The Applicant is planning on moving this easement to the center to run between two commercial buildings and down to the proposed duplex. Commission members suggested that the applicant consider moving the building setting for aesthetic reasons as the back of the proposed building is presently exposed to CoRd 19. Another suggestion was combining the two lots and having one office building. The Applicant anticipates a possible Iease with a real estate office for the one building. Schroeder moved, Lindquist seconded, to table this Application to allow the Applicant to work with Staff on solving the problems of parking stalls, road egress, and water drainage and retention. Ayes 7, Nays 0. PLANNING COMMISSION COMMENTS (#9) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING a COUNCIL MEETING OF DECEMBER 12,1994 Smith distributed her report of the Council meeting to the members of the commission. ( #14) OTHER ISSUES FOR DISCUSSION Mabusth reported that the Council has reviewed the B -2 Ordinance Proposed Amendment and submitted their changes. Council will again review the ordinance at their meeting of January 23, 1995. The Planning Commission has a meeting Friday morning, 1/20/95, on the proposed Westonka Intervention. Project shelter. The Planning Commission meeting in February has been changed to Wednesday, 2/22/95. ADDITIONAL ITEMS ( #11) PLANNING COMMISSION APPROVAL OF MINUTES OF THE NOVEMBER 21,1994 MEETING Peterson moved, Lindquist seconded, to approve the Minutes of the Planning Commission Meeting of November 21, 1994. Ayes b, Nays 0. Smith was not present during the motion. 8 MINUTES OF THE ORONO PLANNING COMMSSION MEETING HELD ON JANUARY 17, 1995 • ( #12) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE FEBRUARY 13,1993 MEETING OF THE COUNCIL Rowlette will attend the February 13, 1995 meeting of the Council. ADJOURNMENT Peterson moved, Berg seconded, to adjourn at 10:20 p.m. X/&('XZ" Charles Schroeder, Chair Person • •