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HomeMy WebLinkAbout04-17-1995 Planning Commission Minutes• PLANNING COMMISSION COUNCIL PUBLIC ATTENDANCE MEETING DATE 4/7MS- PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) 1. 2. 3. 4. 5. 0. 7. 8. 9. 10, 11, 12. 13 14 15 16 17 09 PRESENT FOR (from agenda) ADDRESS NAME OR NUMBER 20. tw,;' ��iv�:.r��•./ T /"'• ��i"'.�".�` -:7 f� r. 20. ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 17, 1995 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Stephen Peterson, Charles Schroeder, Dale Lindquist, Candace Rowiette, Charles Nolan, Jr., Janice Berg, and Sandra Smith, who arrived at 7:40 p.m. Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost represented Staff. Mayor Callahan and Council Member Goetten were present. Chair Peterson called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARING/PUBLIC INFORMATION MEETING ( #1) #1298 RICHARD JOHNSON /CORDON NELSON - FINAL SEGMENT OF VACATION OF FOREST BLVD. - 7:00 -7 :07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Nelson was present. Mabusth reported that over the past five years, there has been three petitions for vacation of Forest Boulevard. During the first application, Mr. Nelson advised the City of his • access problem. Oak Place had been vacated in the 1970's. The City failed to obtain an easement over his driveway, the only access to his property. Nelson's only remaining legal access is through Forest Boulevard. Portions of this dedicated road is located within the lake bed, and the City has no plans to install a road. All other properties have access through other means. The Council authorized the vacation and directed the City Attorney to commence the necessary legal steps to obtain an easement over Nelson's driveway. Attempts had been made to gain easements from the four properties owners involved but with no resolve and many delays. The City will now proceed with legal action. The Council will complete the vacation when an access easement is granted over a portion of Nelson's drive that encroaches the Johnson property. The easement is to be obtained without any financial charge. Nelson is to provide a statement of satisfaction to the Council. Nelson has contacted City Attorney Barrett, who has commenced action. There were no public comments. Peterson reported that a public hearing is being held due to the lapse of time. Peterson asked Nelson if he understood what is needed to be done to complete the vacation, and if Nelson was satisfied with the City's actions. Nelson responded to the affirmative and provided written confirmation of his approval to the Zoning Administrator. E MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 • ( #1 - #1298 Richard Johnson/Gordon Nelson - Continued) Lindquist moved, Berg seconded, to approve the vacation of Forest Boulevard, the segment west of Johnson and Nelson properties, subject to the conditions of Council's recommendation at the March 27, 1995 meeting of the Council. Ayes b, Nays 0. ( #2A) #1995 FRANK KOKESH, 4100 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING Application #1995 for Frank Kokesh was tabled at the request of the applicant. ( #2B) #2012 FRANK KOKESH, 4100 WATERTOWN ROAD - VARIANCE - PUBLIC HEARING Application #2012 for Frank Kokesh was tabled at the request of the applicant. ( 0) #2005 SAILORS WORLD MARINA & BOAT CLUB, 1955 SHORELINE DRIVE - CONDITIONAL USE PERMIT - PUBLIC HEARING Application #2005 for Sailors World was tabled at the request of the applicant. • (#4) #2007 TONY EIDEN, 2800 COUNTRYSIDE DRIVE WEST - CONDITIONAL USE PERMIT - PUBLIC HEARING Berg moved, Nolan seconded, to table Application #2007 for Tony Eiden until the applicant is present. Ayes 7, Nays 0. ( #5) #2008 TESSA MARCHESSAULT /GREGORY DECKER, 3133 CASCO CIRCLE - VARIANCE - PUBLIC HEARING 7 :08 -7:40 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Becker was present. Mabusth reported that this property gains access off of Casco Circle. There is an access easement along the northern boundary of the property. The use of the gravel road north of the retaining wall was not obvious. The lower portions of paved drive, and not located in the easement, serves two other properties. The upper level of the property has a pavement area with a drive which extends around to the lower level garage. It was noted that the paved area encroaches on the neighbor's property. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 i ( #5 - #2008 Tessa Marchessault/Gregory Becker - Continued) The proposal is for a 11'x18' single -story addition and a 14'x14' portico addition to be built over existing non - structural hardcover. All setbacks would be met as well as the average Lakeshore setback. The issue is the excess of hardcover in the 75 -250' zone. There is currently 29.5 %. The proposal would reduce the hardcover to 27.3% with the removal of the concrete patio and rock area underlined with plastic located in front of the residence. Mabusth reviewed the proposed floor plan. Nolan inquired of the applicant if the sidewalk would be affected by the portico addition. Becker reported that the addition would come up to the edge of the sidewalk. Nolan, noting that the applicant needs to be sensitive to the drainage area of the property, asked about hardcover concessions at the blacktop area near the upper level garage. The applicant reported having no plans to remove any of the blacktop areas at the higher elevations because of potential erosion problems. Schroeder asked the applicant if there was any encroachment of driveway areas. The applicant responded that the neighbor's encroachment is noted on the application and there is also an easement on the property. There were no public comments. Rowlette commented on the proposed removal of 574 s.f of patio cement, noting that a partial amount of the cemented area would need to remain for egress from the patio door area. It was found that the applicant did not wish to remove all of this cemented patio area, which would result in the need to recalculate the hardcover percentages. Lindquist remarked that the actual reduction in hardcover in the patio area would be approximately 200 s.f. It was suggested to the applicant that the 14'xl4'concrete block patio be made smaller. The applicant agreed to a reduction in the patio area to 5'x5'. When asked by Schroeder if the hardcover in the garage area could be removed to aid in hardcover reductions in the 250' -500' zone, the applicant commented that his only purpose was to acquire approval of the new additions and did not wish to remove any additional hardcover. Becker said he did not see any purpose and perceived negative changes in drainage for the property with the removal of the blacktop by the driveway. Nolan responded that the area in question was not necessary and acts as a means by which runoff travels downhill towards the lake. Nolan noted that if the blacktop was removed and the area properly graded, there should be no problem with water running into the garage. 0 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 ( #5 - #2008 Tessa Marchessault /Gregory Becker - Continued) Peterson commented that there is 100% hardcover in the 250' -500' zone, where 30% is allowable. The applicant commented that the areas of hardcover were done prior to his owning the property and must have been obtained through the proper channels. Rowlette responded that permits are not needed for driveways. The applicant was informed that when applications come before the commission, this is the only opportunity for the City to make changes to areas of excess hardcover. It was also noted that the purpose in the limitations of hardcover is to serve the lake. Nolan moved, Schroeder seconded, to approve Application #2008 for two additions with the stipulation that the hardcover be reduced by the removal of the rock area on the west side of the home adjacent to the sidewalk and a reduction in the concrete block patio to 5'x5' in the 75 -250' zone, and the removal of the upper driveway asphalt area east of the garage in the 250 -500' zone. Ayes 6, Nays 0. (#6) #2009 TOM & MAUREEN PALM, 1685 CONCORDIA STREET, AMENDED VARIANCE APPLICATION - PUBLIC HEARING 7 :40 -8 :16 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. & Mrs. Palm were present. This property is located at the north end of Concordia and was approved for a second story addition above the existing building envelope for an average lakeshore setback variance, lakeshore setback variance within the 0 -75' zone, and for hardcover variance. The applicant's builder advised them not to proceed with the remodel but to remove the existing structure and rebuild. The new residence structure would be located 50' from the shoreline and a 10x30' lakeside deck located at 40' from the shoreline. Mabusth noted questions associated with the elevation and floor plan. The cantilevered window would extend 2.5' into the lakeshore setback. The roofed entry at approximately the same depth also encroaches into the lakeshore setback area. Mabusth said the additions are part of the principal structure and must meet the 50' setback. The applicant clarified the need to meet the 50' setback and agreed to adjust the plans to meet this setback. The deck is shown at the 40' setback. The applicant reported receiving DNR approval from Ceil Strauss for the deck's location regarding the DNR regulations. Mabusth commented that the City has received phone calls and letters from neighbors • voicing their approval of the current proposal. 4 C7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 ( #6 - #2009 Tom & Maureen Palm - Continued) During public comments, John Gering of 1687 Concordia reported being in agreement with the plans as proposed. Mabusth reviewed the variances and comparisons of the existing structure and proposed plan. The proposed deck would be located at 40' from lakeshore and currently exists at 28'. The principal structure now located at 39' will be relocated at 50'. The deck would encroach 10' in front of the average lakeshore setback but the structure would meet this setback. The hardcover in the 0 -75' zone exists at 28% and is now proposed at 26 %. Hardcover in the 75 -250' exists at 33% and is now proposed at 32.4 %. Hardcover in the 250 -500' exists at 40% and is proposed at 34 %. Total hardcover exists at 32.79% and is proposed at 30.95 %. There is no structural coverage variance required proposed at 14.2 %. Nolan noted that the house plan is absent of peripheral hardcover and sees no areas where concessions can be made. Nolan also noted the significant natural berm on the lakeside which would result in runoff moving back away from the lake instead of forward. Nolan commented that the plan is consistent with the neighborhood. Rowlette voiced her concern with the substandard setbacks of the area. Rowlette opined that this would be a good opportunity to look to the future of the area and require a 75' setback. Other improvements in the area in the future could then be changed to meet the 75' setback. Rowlette did note that she was otherwise in approval of the proposed plan. A public comment was heard from a new incoming neighbor of a sanitary sewer easement which runs through this and other properties 100' from the road. The applicant reported that the sanitary sewer easement runs next to their garage apron. Mr. Palm responded with the options available. He said the original proposed plan had been approved at the 39' setback, and he was not willing to change the new plan to the 75' setback. Palm said this would result in their home being behind all of the homes and was not aware of any immediate changes happening to the home to the immediate south. Palm also responded to the negative when asked by Rowlette if he would move the plan back to have the deck meet the 50' setback. Smith commented that she would not approve any plan if the deck would not be moved back to meet the 50' setback. Palm noted the good drainage of the property with the sand base and lack of any pooling of water. Palm also commented on the benefits to the neighborhood if this plan was approved. Peterson commented that requesting a 75' setback was probably unrealistic but did note • that approval would set a precedent. Q MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 s (#6 - #2009 Tom & Maureen Palm - Continued) Schroeder moved, Lindquist seconded, to approve Application #2009 with the principal structure meeting the 50' setback. Schroeder noted the existing variances, the effort by the applicant to reduce hardcover, the hardships of the lot, the impracticality of setting the new construction at the 75' mark, and the fact that the drainage is away from the lake. Ayes 5, Nays 2, Rowlette and Smith, both prefer the 75' setback. ( #7) #2012 JAMES JUNDT, 1420 BRACKETTS POINT ROAD - VARIANCE - PUBLIC HEARING 8 :16 -8 :23 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Scott Crawford of Kraus Anderson Construction represented the applicant. Mabusth reported that the application is for repairs to the oversized accessory structure with the expansion of the roof area. This guesthouse portion of the structure is adjacent to the greenhouse area, and the new roof will be at the same height as the greenhouse roof line. A conditional use permit for the caretaker house was approved in 1993. The last issue involving this structure did not involve the guesthouse portion of structure located within a sub standard side setback. Now, because of structural repairs being done, a side setback variance is required. Crawford reported that the plan is for roof expansions, roof repairs, repair, replacement of windows, tuckpointing, and new gutters. Lindquist asked what is going to be done with the peaked roof area of the structure. Crawford advised an apartment now exists and an expansion of the living area is planned. The structure would be used for guests only. There were no public comments. Peterson reiterated the need for an overall plan to eliminate separate issues coming before the commission each month. Rowlette moved, Lindquist seconded, to approve Application #2010 for a side setback variance and repair to the oversized accessory structure. Ayes 7, Nays 0. ( #8) #2011 TIM & LORI LINE, 4415 FOREST LAKE LANDING - VARIANCES - PUBLIC HEARING 8:23 -8:59 P.M. • The Certificate of Mailing and Affidavit of Publication were noted. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 ( #8 - #2011 Tim & Lori Line - Continued) The Applicants were present and were represented by their architect, Blake Bichanich of Keith Waters & Associates. Mabusth reported that the commission originally dealt with this undeveloped property in 1993 granting hardcover and height variances. Excesses in hardcover were to be offset with the installation of a drainfield. The current proposal also involves a hardcover variance and height variance for an observation tower located in the middle of the structure. A drainfield to the west will treat runoff from 20 +% of total hardcover requests. Mabusth also noted a gain of area due to a redefinition of the shoreline at the 929.4 elevation on the new survey. Staff reviewed the surveyor's field notes and finally accepted the surveyor's findings lacking any specific criteria for defining shorelines adjacent to wetlands either within the City's or DNR regulations. Mabusth clarified how the height of the building is determined. The legal height of the highest part of the roof, the observation tower, is 35'. The structure is 47' at the peak height from the lakeview. The tower is planned in order to gain more light with the • interior of the structure. Bichanich commented to the members that the tower, although needing a height variance, is limited in its affect on the area. The applicant could add volume to the home, which would create a more massive look, without requiring any height variance. It was noted that 201/o of the hardcover would be treated through the drainfield system. Nolan asked the applicant how this is controlled. Bichanich advised there would be four 1000 gallon runoff tanks, which would be equipped to take in 2" of runoff in a one -hour span. Beyond that time and amount, the excess runoff would leech into the surrounding ground. A pump with valves would pump out any sediment. A check valve would be installed to eliminate any backup of the system. If the system is overburdened, this would result in an overflow spilling out onto the lawn. Schroeder questioned if the house plan was worth the cost to install the treatment area. The architect responded that without the treatment, the result would have been a one -third reduction in the size of the home. During public comments, Mrs. Erickson of Forest Lake Landing asked the location of the dock. Erickson was concerned with the wetland areas. Tim Line reported approval of the plans from two neighbors, and the letters of approval • were read into the record by Peterson. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 ( #8 - #2011 Tim & Lori Line - Continued) The Robert Wolfe's inquired if any tree removal would be needed. They noted that the roof line is below the tree line. Lori Line noted that it is their desire to maintain trees and add more if necessary. Nolan moved, Lindquist seconded, to approve Application 42011 for a height variance and hardcover variance in the 75 -250' zone noting the benefit of the drainage system and the design mitigating restrictions. The motion includes item 1 -5 and 1 -3 as noted in the Staff recommendations. Ayes 6, Nays 1, Rowlette, voted mainly on principal, as hardcover variance is required for new construction. ( #9) #2014 JAMES NYSTROM, 1745 CONCORDIA STREET - VARIANCES - PUBLIC HEARING 8:59 -9:20 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Nystrom was present and represented by his architect, Greg Frazee. Mabusth reported that the application is for proposed additions which would require lakeshore setback variances. The proposed additions are located in front of the average • lakeshore setback line. The existing structure's patio encroaches into the neighbor's property. The neighbor's 3- season porch also enroaches on this property. The great room addition would be located 1.6" from the south side lot line and the rear bedroom addition 1.6' from the same side lot line. Frazee reported their surprise when the survey showed the structure 1.6' from the lot line. This will affect the preliminary plans as presented. Frazee noted that the improvements stay within the roof line of the existing house. The upper level improvements are for a deck, atrium portion of great room, and stairwell to gain access to the master bedroom. Peterson inquired about the distance between the structures. Frazee responded that a change would be needed for the foyer area and possible move of the great room or guestroom to the north side of the house. Rowlette commented that there are problems with either additions not meeting the side setback, and a change in plans would be necessary. Frazee asked for commission's comments on the hardcover in the 75 -250' zone. Lindquist said the area needs to be measured out and figured for reductions. Berg asked if the foundation would be able to handle the new additions. Frazee said the original foundation should be adequate to handle the new additions. Mabusth asked had • this been confirmed of a structural engineer, for if a new foundation is needed, the whole structure could be moved. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 • (#9 - #2014 James Nystrom - Continued) Peterson moved, Nolan seconded, to table Application #2014 to allow time for new plans to be drawn. Ayes 7, Nays 0. SKETCH PLAN REVIEWS ( #10) #2006 JAMES BRUCE, 565 LEAF STREET - SKETCH PLANISUBDIVISION James Bruce was present. This sketch plan is for a 3 -lot subdivision of lot 6 of the Stielow Addition. This property consists of 5.9 acres, and the applicant would need to acquire 0.1 acres from an adjacent neighbor to meet the area requirement. Mabusth noted that the property is within the MUSA, and sewer is available from Oxford Road. Two stubs are now in, and one additional connection would be required to serve lot 3. A utility easement would be required and would encroach lots 1 and 2 and should be located near the shared lot lines. Credit for the wetlands or drainageway areas are available as property is served with sewer. A realignment of the drainage easement is proposed because of the impact on the • building envelope. It was noted that an existing residence is located on lot 2. Nolan asked the applicant what his intentions were for the realignment of the drainageway. The applicant said he felt the logical building envelope is in the northern wooded area, and the drainage easement could be moved to the south. Smith asked for clarification on where the building envelope would be located. The applicant said up against the setback. Concern over removal of any wooded area was voiced, noting a good building envelope to the south. Lindquist asked if there was a problem with moving the ditch, and Mabusth noted it may not be necesary and may just be a matter of redefining easement. A separate CUP for the subdivision would be required if drainageway is relocated. • Rowlette asked if there was any lake view on this property. The applicant said that there was a minimal view in the wintertime. Mabusth said if the guesthouse were to remain as a separate residence, the applicant needed to be notified that the area standard for a guesthouse would not be met. The access to the property was discussed as two drives coming from Oxford Road. Possible access options to lot 3 were discussed noting the need to not cut lot 3 in half. Nolan was concerned with the narrow configuration of lot 3 and taking the portion of the driveway out of the west side of lot 2. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 • ( #10 - #2006 James Bruce - Continued) �J J The applicant said he has received verbal agreement from Jim Hale to the west for the 1 /10 acre. The applicant has not yet dealt with the encroachment issue involving the property to the immediate north. He noted that the minimum lot width of 200' on lot 3 was missed by 1/4" according to the survey. Bruce also asked if the sewer assessment must be paid up front. Mabusth said that this was the general rule with a subdivision as well as the payment of the park dedication fee. The applicant asked for a timeline for the subdivision as he has a purchase agreement deadline of May 15, 1995. Rowlette brought up the issue of noise from outdoor weddings and services occurring at the nearby church. The applicant said he has spoken with neighbors and a church spokesman about this. It was noted that there were no restrictions on these events at this time. The applicant asked if a residential zone has restrictions, and Mabusth responded that it depends on how the CUP is stated. The real estate agent involved in the transaction noted the reduction in the number of weddings and lack of any problem with the issue at this time. He also noted that he felt the church pastor has discouraged the sale of the property these past years. Rowlette commented that the issue was brought up to inform the potential property owner of the possible noise problem. PLANNING COMMISSION COMMENTS ( #11) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF APRIL 10, 1995 - DALE LINDQUIST Lindquist reported that the Council has asked Staff to present both residential and commercial options on the proposed shelter site at the May 18 meeting. Lindquist noted that Hurr was open to the possible change and Jabbour preferred commercial with B -4 zoning, which is professional offices use with specific limitations. Schroder commented that the commission's review was their recommendation that Westonka not benefit from a zoning change to commercial. Lindquist noted a Council work session scheduled on May 10 on a possible change to the code regarding number of accesses allowed from driveways. This issue stemmed from the Melamed sketch plan for access off of City Drive. If access was granted, the driveway by code would need to be upgraded. Jabbour did not agree with a variance and felt the City should adher to its own code. Council scheduled the work session to review this code as this issue has come up frequently. Lindquist noted the approval by Council of the Upton request for a variance. 10 r� r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 17, 1995 ( #12) OTHER ISSUES FOR DISCUSSION It was noted that the conditional use permit application for the Freshwater Institute will be before the Planning Commission next month. ADDITIONAL ITEMS ( #13) PLANNING COMMISSION APPROVAL OF MINUTES OF THE MARCH 20, 1995 MEETING Lindquist moved, Rowlette seconded, to approve the Minutes of the March 20, 1995 Meeting of the Planning Commission. Ayes 7, Nays 0. ( #14) PLANNING COMMISSION APPROVAL OF MINUTES OF MARCH 7, 1995 WORK SESSION Schroeder noted on his comment on page 7 that the Planning Commission was not against commercial zoning but preferred remaining in residential zoning to eliminate owner gaining greater resale value if property sold in the future under commercial zoning. Schroeder moved, Rowlette seconded, to approve the Minutes of the March 7, 1995 Work Session as amended. Ayes 7, Nays 0. ( #15) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE MAY 8,1995 MEETING OF THE COUNCIL Berg will attend the May 8, 1995 City Council Meeting. Peterson will serve as alternate. ADJOURNMENT Berg moved, Rowlette seconded, to adjourn at 10:03 p.m. Ayes 7, Nays 0. Stephen Peterson, Chair Person 11