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HomeMy WebLinkAbout11-20-1995 Planning Commission MinutesPUBLIC ATTENDANCE MEETING DATE ❑ CouNciL ❑ PLANNING COMMISSION ❑ PARK COMMISSION ❑ OTHER PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER i. �le k, A 5 tv Vp 2. c4zz--J 2- ,Lq 4. ----) tc� 5. 6. Z1 7 8 9 ill ll C 7t- all' iz- c n -f, Ljc,— a, I t:.rAw"w rcl KPINd 12 #'k- 1- 9 w 15. 091395.4 } ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 20, 1995 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Stephen Peterson, Sandra Smith, Dale Lindquist, Janice Berg, and Elizabeth Hawn. Charles Schroeder and Candace Rowlette were absent. The following represented the City Staff. Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Councilmember JoEllen Hurr was present. Chair Peterson called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION MEETING ( #1) #2082 RICHARD STARK, 575 OXFORD ROAD - AFTER - THE -FACT CONDITIONAL USE PERMITNARIANCE AND VACATION - 7:00 -7:26 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application was in response to a violation for tree removal and vegetation clearing within the 0 -75' zone also involving a violation of a conservation and flowage easement filed against the chain of title of the property. The property is located within the Stielow addition and the City's wetland maps classifying the wetland as marsh wetland type. The applicants are asking for approval of a plan with a new delineation, referred to as area "A ". Trees removed in the area "A" were 10 in number and 12 in area "B ", the remaining area included under conservation and flowage easement. Mabusth said the City Engineer has reviewed the soil delineation report and concurs with the findings and recommends redefining the area. The City Staff has recommended filing a vacation of the original conservation and flowage easement and to be conditioned on the granting of a new easement. Mabusth reviewed the issues and considerations set forth by applicant for the Planning Commission to consider including the applicant's lack of knowledge of the conservation area and Stark's agreement to replant evergreen and fruit trees in the 0 -75' zone. Applicant Stark said he purchased the property in June of 1995 and was not notified of the easement. Stark said he made changes that he felt were appropriate. Selected trees were removed, and it was his intent to replant evergreen trees. The City asked the applicant for a current survey locating the 75' zone and new wetland delineation area along with the legal description. Mabusth said the applicant cooperated with the erosion control efforts. • • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #1 - #2082 Richard Stark - Continued) Peterson asked if there were any problems with soil erosion. Mabusth said there were no problems. Peterson asked if the plan to restore trees and vegetation was appropriate with Staff. Mabusth said the plan was to replant 10 trees in the 0 -75' zone. Stark said his plan was to plant the trees on the sides of the property and noted there were no evergreens on the property at this time and that he did not propose replantings in areas A or B. Hawn inquired about the use of Mn/DOT 250 grass and asked if it was appropriate to "weed -wack" these natural grasses. Stark had told Hawn that sod would give better control. Mabusth asked Stark if it was his intent to cut the grass in the wetland area, and Stark said it was his intent to do so. Stark said he asked an expert regarding long grass or natural grass' effort and was told there was no difference. Stark said "weed - wacking" allows for competition of grasses and a fuller growth of the root structure. He noted a disadvantage of long grass was its breeding environment for insects who carry diseases such as Lymes Disease. Mabusth said the DNR and MCWD would be able to provide answers to these issues. Stark addeded that he did not believe there was any regulatory force concerning grass cutting. Mabusth reminded Stark of the City's conservation easements which limits such activity. Peterson commented that the City has always encouraged long natural grass in wetland areas and that "weed - wacking" has never been discussed. Smith questioned the planting of fruit trees versus native trees. She did not feel that this type of tree was in keeping with a wetland area. Smith would like to see trees plantings that are consistent with wetland areas. Stark responded that the landscape consultant had suggested the type of trees to be planted in view of the large population of deer. Peterson said the Planning Commission has not stipulated in the past what type of trees should be planted but looked more at the mitigation issue. Mabusth commented that evergreens are probably not consistent with wetland areas either. Smith agreed that it was probably a personal preference issue. Smith asked about another home nearby which had clear cut some trees. Gaffron said that 15 -20 trees were replanted in the 3 " -5" size. The trees were of different varieties. The trees were replaced one for one but not inch for inch. Smith asked if any fine was involved for that application. Gaffron said any fine would have been so small as money would be spent to replace the trees. Lindquist noted that only certain type of trees would grow in wetland areas. Stark said it was his plan to place the trees along the sides of the property and not in the wetland area. 0 • 1�1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1.995 (#I - #2082 Richard Stark - Continued) Mabusth asked the Commissioners if the trees were replaced in the 0 -75' zone and not in the areas described as "A" or "B ". Lindquist was told 10 trees would be planted in 0 -75' setback area. Lindquist saw no problem with area "B" but felt area "A" should have replacement of tree for tree. Peterson said that would be consistent with other applications. Stark questioned tree replacement under the agreement for the easement. Mabusth said there was no direction in the code and has been based on the judgment of Staff. Tree removal in 0 -75' requires permits issued by Staff. Mabusth told Stark if he objected to Planning Commission recommendations to present his position before the Council. As far as the easement, Mabusth said the agreement stipulates that no trees can be removed without City approval. There were no public comments. Smith said she agreed with Lindquist in his request for tree replacement. Lindquist said he felt particularly strong about tree replacement in area "A ". Stark said he strongly objected to placing trees in this area. Stark said there are alot of trees on the property. It is not his intent to gain a view of the lake. At the time, the property was not open to use of the lake. Stark noted that the house, itself, was not in view. Mabusth asked Stark how many trees were already dead that were removed. Of the 10 trees removed, Stark said probably half of them were dead. Hawn commented that a buckthorn was removed, and she was glad to see that particular tree removed. Stark said an oak tree was choking it out. Peterson received confirmation that the reroofing project completed without a permit was satisfied. Lindquist asked Stark if he would agree to the replacement of 5 trees in area "A ". Stark said he would if they could be planted to the side. Mabusth commented that tree placement was not an issue as long as plantings were achieved in specified areas. Lindquist moved, Smith seconded, to recommend approval of Application #2082 with 5 trees being replaced in area "A" of similar size, 1.0 trees replaced in the 0 -75' zone, and granting of a new easement. The tree replacement is to be completed by July 15, 1996. Vote: Ayes 5, Nays 0. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #2) #2090 RON RANTZ /AUTOGRAFS INC., 2525 SHADYWOOD ROAD - VACATION n-' r o c -FARPNTQ. - 7-16 -7-IR P M The Certificate of Mailing and Affidavit of Publication were noted. Blake Bichanich represented the applicant. Mabusth reported that the property is located in the Leach Addition and consists of Lots 1, 2, and 3, which are being developed by Autografs. A condition of the preliminary approval was that the applicant proceed with vacation of the drainage and utility easement within the building envelope. There were no public comments. Peterson moved, Lindquist seconded, to recommend approval of Application #2090 with the 2 Staff recommendations. Vote: Ayes 5, Nays 0. ( #3) #2092 DENNIS PLATTETER, 809 NORTH BROWN ROAD - PRELIMPiTA Y SUBDI.'ISION - 7:28 -7:39 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that during the sketch plan review the Planning Commission advised the applicant that they could not recommend the 3 lot subdivision due to the lot width and area being inadequate. The code for lakeshore back/front lots require a 200' width at both the lakeshore and 150' setback. The east lot is inadequate in width at street setback into North Brown resulting in the need for a shared driveway. There is now an issue of setback variances as the backlot configuration requires 150% standard. A 45' setback is required from the side lot lines. The existing residence is within the required side setback and encroaches 45' into the front setback at 75'. The front lot's building envelope is defined at a 50' setback from the south, west and east lot lines. The accessory structure on east lot will be removed by the applicant. The house on the property will probably be moved elsewhere. The pool will be removed when the lots are sold. Mabusth said a deadline would have to be set as the code does not allow an accessory structure on lots without a principal structure. An average deadline is one year. LJ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #3 - #2092 Dennis Platteter - Continued) Peterson commented that the Planning Commission was split in their opinion of the subdivision. Based on the preliminary subdivision meeting, Peterson noted that the applicant has addressed some of the issues. He did not wish any changes to be made until the accessory structure was removed. Hawn received confirmation from Mabusth that there was adequate lot size in which to build. There were no public comments. Smith commented on the letter from the DNR regarding future views of structures from the lake. Mabusth said the letter outlined standard practices and requirements of DNR. Steve Schroll of 2006 Sugar Woods asked if a joint road would be used for the two lots via access to the back part of the subdivision. Mabusth said a shared driveway would be used but there were no requirements to upgrade. The driveway must be at least 10' from the south lot line of outlot. Schroll was informed that there was no standard or requirement of driveway improvement. • Connie Gray, 819 Brown Road, asked where the two new homes would be built. Mabusth showed on a map the lot outlines and of building envelopes. The City does not stipulate where a house should be located, other than meeting required setbacks of code. Mabusth noted that the home on east lot would be at least 30' from the side lot line with the Gray property. Peterson commented that the location of the septic systems usually drives where most homes are situated on the lot. Scholl asked and was shown on the map where the septic system for these homes would be placed and the likely home locations. Lindquist moved, Berg seconded, to recommend approval of Application #2092 with a I year deadline from the date of final approval of plat for removal of the accessory structure on east lot along with Staff recommendations 1 -4. Vote: Ayes 5, Nays 0. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20; 1995 ( #4) #2085 MINNESOTA DEPARTMENT OF NATURAL RESOURCES, 3390 TT _ d- nX41%41V ID 1 A T , CT9r-V DT . A N RF VTF.W - PTTRT TC{? FT SIO» 17)T INFORMATION MEETING - 8:11 -9:06 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was represented by Larry Killien and Stan Linnell. Gaffron reported that the application is for a commercial site plan review for construction of a public water access which has been in the planning stage 0ir the past three years. The property is zoned B -2 and previously was the site of Crystal Bay Service and Gayle's Marina at the intersection of Tonkawa and CoRd 51 (North Shore Drive). The DNR is exempt from meeting local zoning codes but has worked with City Staff and the Lake Use Committee in developing the site plan. Gaffron related a brief history of the project. In October of 1992, the DNR obtained the option to purchase the Straley property east of Lakeside Marina. Much resistance was given to this purchase by the neighborhood and City. Public hearings were held in January of 1992. Concerns were with the property zoned residential and what was considered poor traffic access. By mutual agreement, the purchase was put on hold. The DNR then acquired the Gavle's Marina property and Crystal Bay Service properties along with the Dunn Property and the Sprague property. The property is west of Lakeside Marina. The DNR then met with the Lake Use Committee holding three meetings as well as meeting with the Maxwell Bay Residents Committee. The DNR removed the buildings on the property and have dealt with the fuel contamination, which has been resolved. Monitoring wells are currently in place. Gaffron reported that the DNR is now prepared to begin constructing the lake access and are at this meeting to discuss the design, and he noted that Staff has reviewed how the proposal fits into the context of the B -2 zone. It is not strictly a commercial use but might be considered an institutional or recreational use, and the B -2 code does not address "public access" specifically. The overall hardcover existed at 68% and will be reduced to 52 %. The B -2 lakeshore code calls for a 75' setback and is proposed at 40'. The code calls for a 75' buffer. It was noted that Gayle's Marina had hardcover right up to the shoreline. The landscaping plan includes tree planting as well as the saving of a number of trees on the property. The DNR was asked to plant something larger than their standard 1 " caliper trees and are planting 1 -1 /2 " -2 ". Drainage will flow through filter strips before entering the lake. In regards to the site access issue, traffic will be brought in from the west end at Tonkawa with no traffic accessing from North Shore Drive. A counterclockwise flow of traffic will occur within the site. Peterson said the Lake Use Committee has had more meetings on this public access than • any other issue. It has involved the public, the Council and the DNR. Peterson said he was comfortable with what was being introduced and saw it as a viable plan. 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 • ( #4 - #2085 Minnesota Department of Natural Resources - Continued) Stan Linnell, a DNR landscape architect, reviewed the site plan. He reported that in addition to Gayles and the Crystal Bay Service properties, the D� 1R acquired two residential properties, where the homes have been removed, with the option to purchase a third property which abuts Lakeside Marina. The DNR has been working with the County on developing a right turn lane on County Road 51 to flow to the main access. To avoid a back up on Co Rd 51 a counterclockwise flow has been developed in the site. Another traffic lane has been established eastbound for a by -pass lane so as to not be blocked by cars with trailers. Linnell continued to describe the access as having three concrete plank ramps with docks plus a remote dock. The remote dock would be used by those people idling or stopping for short periods. This will enable those boats entering or exiting the lake to do so without interference. There will be 80 car - trailer parking stalls and car only parking of 15 stalls. An access trail will also be constructed to the fishing pier. This trail is near the roadway and will be built as a sidewalk adjacent to Tonkawa Road. It was noted that children would need to be closely watched in this and all of the area. Linnell said the drainage for the parking lot splits it in the middle. Drainage will flow to a • grassed Swale, thru two skimmers, to a catch basin, and onto a culvert to Crystal Bay. The other side will have a swale, two skimmers, with a possible sheet flow, and then a berm. • Linnell reported that there will be 4 handicap parking spots with two "car only ". At least two docks and a pier will be handicap accessible. There will be no curb or gutter along the lake side. The access will be asphalt or bituminous. The turn lane and islands will have concrete gutters and boulders to control the traffic. A sign near the entrance will direct car /trailer while still allowing cars to pull away from the launch ramp. Linnell said it was the DNR's intent to preserve the existing trees. One tree in particular intended to be saved is a 28" oak. New native trees will be planted and existing evergreen trees and 10 -15 deciduous trees will be transplanted. A wildflower and grass vegetation buffer strip will be planted along the shoreline to provide better filtration from runoff from the parking lot. There will be some screening, but they did not want to block the view in from the road. 165 shrubs and 37 new trees will be planted. Killien added that two parking spaces were eliminated to save a hackberry tree on the property. 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 • ( #4 - #2085 Minnesota Department of Natural Resources - Continued) Killien presented some history on the property. The DNR has conducted clean up of all the contaminated soils from the service station and marina. Observation wells were installed, which will be monitored in 30 days. The DNR should know in 90 days what effect has been had on the ground water or, the upper level. Another set of tanks were recently discovered and removed. Small amount of soil was on the tanks but no contaminated soil was left. This area was backfilled. Lead and asbestos testing was conducted on the building prior to demolition. Killien said the last parcel should close before the end of the year, and the building should come down within 90 days. He also reported that wetland delineation of the area where the trail will be confirmed this is only a ditch area. The plans have been submitted to the MCWD, the LMCD, and the DNR Waters Division. Gaff-on asked if the cyclone fence would be removed and guard rails installed between the path and road for protection. Linnell said they had observed the area earlier and were considering curb and gutter between the road and path, which he said would perform the same as a boardwalk. Peterson asked how far back this would occur. Linnell said there was one stretch where the lake came close to the edge and then separated for the pathway which was a high risk area. • Peterson said the public has been kept informed about the plan and asked for any concerns from those in attendance. U Dick Engebretson, along with his wife Jean, 1180 Tonkawa, were present. Engebretson asked if there would be a stop sign at the exit of the access to keep cars from rolling out onto Tonkawa without stopping and was told there would be. He further inquired if the residents would be notified if the monitoring wells indicated further contamination. He was told the DNR was working with the MPCA and would notify the residents if any problems were found. Engebretson asked how big the access was in scale to that of North Arm public access. He was informed that there is parking for 65 car /trailers at North Arm, and there would be parking for 80 car /trailers at this location. Killien noted that this access provided a better layout and traffic flow. He noted that the DNR is working with Hennepin County on redesigning North Arm. It is the DNR's intent to fix the fishing and shore area, paint the no parking areas, adda raised island in the lot, and create buffer strips to deal with stormwater. Engebretson asked whether DNR plans to repair the Boy Scout bridge. Peterson said this has not been before the Lake Use Committee. Killien said this was not part of the DNR plan. E3 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #4 - #2085 Minnesota Department of Natural Resources - Continued) Jerry Gray asked if the right turn lane would be for parking access only and was told it was not for the exclusive use of the access but a continuation of a right lane. Gray felt the traffic flow would result in a circus. Peterson said the traffic has been discussed in great detail including the right turn lane. Gray asked if the plans could be changed if they found this plan does not work. Linnell suggested staying in the driving lane and turning directly onto Tonkawa. It was said a car can turn right from the center lane but Gray questioned whether the County would consider this to be legal or not. Hurr said there would in effect be two lanes of traffic onto Tonkawa. There would be 300 -400' of stacking area in the turn lane. No parking signs have been installed. Gray was concerned that the no parking would not be enforced. Linnell noted that the three ramps would aid in the traffic flow also. Barry Knight, 425 Tonkawa, was concerned with traffic flow at peak times. He asked about the normal traffic for a ramp and was told 25 spaces per ramp is standard. Knight was concerned with left turns coming out at dusk. He felt if there was parking for 80 cars, and with the traffic configuration pattern, it would want to head both north and south on Tonkawa. He saw this as a potential problem during "rush hours ". Peterson commented that a boat launch creates less traffic than a marina and less turnover. • It was noted that Gayle's Marina originally had 140 slips. With a boat ramp, boaters come early and leave late. If Gayle's had no problem with traffic, Peterson said he saw even less here. Gray asked if a traffic count was done at Gayle's but that was unknown. • Knight said he was less convinced than the Planning Commission on the amount of traffic considered to come out of the access area. Linnell said Gayle's Marina also had 2 double access, launch ramps. Knight asked about hardcover and was told the access was designed to standards. Knight asked what enforcement would be done of the access traffic and local traffic on Tonkawa in order to maintain the 3 0-3 5 mph limit and how this would be dealt with in the residential area. Peterson said if speed became a problem, the police department would have to enforce the law. Killien said the DNR had made suggestions to the City regarding overflow parking suggesting no parking signs and an ordinance to uphold that. He felt the DNR was dealing with this issue up front. Killien felt education right from the start was important. Killien said he would not recommend cars towing boats to travel on Tonkawa with the snake -like hills. He felt that Tonkawa as a route from the north probably would be used mainly during peak times. He said he would check with the County on this. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #4 - #2085 Minnesota Department of Natural Resources - Continued) Dan Wigen, 3410 North Shore Drive (2nd house west of the access), asked if there were plans for an access to Crystal Bay and was told no. He asked if people would somehow be discouraged from doing so. He was told there would be no improvement at that area and traffic will limit people going across to that area. Wigen said people are now parking in the landing and using his dock for fishing. He would like enforcement and education such as signs stipulating private and not public property along that area. He also had a concern with traffic and use of private driveways. He was also concerned with snowmobilers using the ramp by crossing from Crystal Bay. Peterson said neither had been discussed but felt the steep banks would discourage snowmobilers and landscaping could also slow them down. Killien said the area could be posted for no parking in the winter as the landing would be closed during that time. No other barriers would be installed, however. Ken Rolland, 4119 Oak Street, was concerned with traffic and asked if there was a possibility for a traffic stoplight. Peterson said this had not been discussed and was a County issue. Rolland said he was concerned with eastbound cars with boats making a left turn onto Tonkawa. Gaffron thought there was room for perhaps three cars to stack. Killien said there would be room for 4 cars with trailers. Killien asked Rolland if his concern was with CoRd 51 or Tonkawa. Rolland said he was just asking in general. Linnell said the County never brought up the issue of a stoplight, and south bound Tonkawa was considered for just two lanes. He said it could be explored if necessary. Gray asked if the landing was closed in winter if fish houses would be allowed to use the ramp. Killien said the ramp would be posted as closed but not physically barred due to liability. He said the fish houses would need to be dealt with if they became a problem, and DNR has a 48 hour notification process before illegally "parked" fish houses could be removed. There would also be no winter maintenance. Cars would probably need to be 4 -wheel drive to use the ramp. A DNR access is normally open 365 days a year but not in this case. If there are problems, the DNR will look at options available. He noted that there are only two DNR accesses with gates, both with unusual circumstances. Hurr noted that there would be access at North Arm during the winter. Smith said she liked the idea of an information board rather than signs at different locations. Smith also liked the landscaping plan and would like to see one at North Arm. She asked if the lights would be left on or off or on a timer. Killien said the lights were angled and box shaped directed downward and on at all times. There will be three lights on the site. Regarding the lack of proposed garbage cans, DNR believes in the less - containers, less- trash line of thought. 1 r� L • vii`Vi1 F;: li -F TT 0R iN iry'T,r�N114 NVik'i -! ���A4I v MEETING HELD ON NOVEiVusEK Lu. P995 (#41 447nRl; i N:'aij.irai tcesoul cCs - fU onT111 -1 feu f Gaffron inquired about the construction schedule. Linnell said it would next go to the Council in December. If no maior chanizes were necessary- the final plans would be drafted in January and February with bidding for early spring. Construction would begin in Mav and completed during the summer. No formal action was required at this meeting. Wigen asked if a motion could be made on signage regarding trespassing. He was told these concerns would be addressed by Staff. Lindquist asked that the comments be passed on to the Council. Peterson closed the public information meeting. ( #5) #2088 WINFIELD STEPHENS, 3770 BAYSIDE ROAD - VARIANCES/VACATION OF PI BLIC ROAD - 9:06 -9:35 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application was for the vacation of a 30' alley and setback variances for maior additions to existing residence. The pronerty is made un of 4 separate parcels and involves an improvement plan. Existing on the property is a 1 -1/2 story home with a garage that is located totally within the 30' alley. The improvement consists of two options, option #1 involves an addition to the south side and option #2, an addition to the east. The Staff memo was said to discuss the setbacks and hardcover for the property. Peterson said there would appear to be no major concern as long as the applicant was able to acquire the alley. Mabusth advised from calls she received, it appeared that the adjacent owners may make claim to the alley. Mabusth said she had spoken with Dennis Hill at the County, who said the entire alley would probably be granted to the applicant as owner of lots 2 and 3. Mabusth said she had spoken with Hill again after calls had been received from the neighbors, and he advised that the matter may have to be further studied. Hill informed Mabusth if the neighbors pressed for a piece of the allev. these claims may be raised durinu a required legal proceeding. Peterson asked if the application was not one step ahead of itself. He asked if Staff was awaiting information on utilities. The City Engineer reported there were no sewer lines encroaching the alley, and there are no power poles. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #5 - #2088 Winfield Stephens - Continued) Both the current owner, Steve Gardiner, and the new owner, Winfield Stephens, were present. Stephens said the vacation was suggested to minimize impact of variances with the proposed improvements. The vacation had also been recommended by Staff. He said the area where the alley is located seems to be part of the lawn, and the entire detached garage is located within the alley. Peterson asked if the issue of the vacation was frivolous on the part of the neighbors or not. Mabusth said she had just been made aware of their interests. Peterson asked the applicant if he was aware that he would need to combine lots 1 -4 Stephens said that was not an issue. Lindquist asked the applicant if he did not gain the vacation of the alley, if he still wished to proceed, and Stephens advised he did wish to proceed regardless of the outcome of the alley. Peterson said the applicant could not proceed without the 30' alley as both development plans show garage remaining in alley. Option #2, Mabusth said entailed an issue of impact • to the neighbor if the addition was to the east. The Wicklands report an impact on their views. There is no legal claim to the view but option #2 also involves new construction at 3.5' from north side lot line. Setbacks and hardcover variance are less intense with the inclusion of the additional area from the vacated alley. Peterson asked the applicant what he would prefer. Stephens said he preferred option #2 in order to save 2 big oak trees in front yard. Option #1 does require the removal of 2 large maples. The old owner said the oak trees were beautiful. He noted that one of the trees was 7' in circumference and would be a shame to lose it. Hawn asked if the addition couldn't be altered and sit where the diseased maple is located but skirt the oak and save the other maple. Stephens said it could but would be within the 50' street setback from County Road, which he thought was more critical. Mabusth said it would be difficult to approve an encroached of the 50' setback. She noted that we are dealing with limited building envelope. Lindquist said he had a problem with 3 -1 /2' on the north lot line and then doubling the amount. The old owner, Steve Gardiner, remarked that this was the way it had always been. Lindquist said although this was true, he could not imagine doubling the area. The applicant and owner said they had a notarized copy of the easement that provided access • along the north lot line. 12 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #5 - #2088 Winfield Stephens - Continued) Christine Valerius reported that she owns the property they were referring to and noted that the Wicklands use the driveway but that there was no easement in favor of this property. She said she looked when she purchased the property and found no easement. Stephens reported on the attorneys who had searched the title and showed Valerius a copy of the easement. Peterson said there were other concerns with the garage encroachment and clean up of area to the west. Gardiner said a boat had been there and rubbish left by previous owner of Landmark property. Lindquist asked if any improvements involved the tearing down of the garage located on the alleyway. Stephens said he had no plans to do so. Lindquist said he could not approve any improvements with the garage in that location if the vacation was not approved. Berg said it was important to make sure the easement exists. She added that she did not feel the Commission could proceed to approve any improvement without the alley vacation. Peterson agreed that this would be an integral part of the application. • Peterson said he favored option #1 and the vacation and asked if the survey (1988) commented on the alley. Mabusth said there has been no new construction to require a • new survey. Lindquist said the variance should be based on whether or not the vacation is granted. He was not in favor of any further encroachment of the west side yard. Smith commented that the addition was very aggressive and could not take a position . without a decision on the alleyway. There were no public comments. Gardiner remarked that the connection charge to City sewer was $13,000 and would be a very expensive sewer for a 1 bedroom house. Gardiner said that is why it should be expanded and noted that the neighbors had expanded. The Wickslands commented that their lot was 1 -1/2 acres, and they had to sacrifice a large tree in order to meet building setbacks. Stephens was asked if he planned on living in the house and was told he did. 1.3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #5 - #2088 Winfield Stephens - Continued) Mabusth asked for Planning Commission's view if the vacation was not part of the application. Lindquist said he was of the position that the garage should come down if it is not located in the legal building envelope. He noted that it was to the benefit of the applicant to proceed with the vacation of the alley. Gardiner said he had offered a neighbor $2,000 to consider the vacation but had received no reply. Gardiner asked if the Commission would consider option #1. Berg asked where the garage would go. Stephens asked if the vacation of the alley could not be done, if the process could proceed. Peterson said the garage would still need to be addressed. Gardiner remarked that he had purchased the property in 1982, and the garage was built before that time. Lindquist moved, Smith seconded, to table Application #2088. Vote: Ayes 5, Nays 0. SPeterson suggested the applicants put the burden on the neighbor to determine the driveway easement. ( #6) #1958 LOUIS OBERHAUSER, 2405 DUNWOODY AVENUE, 3865 AND 3877 SHORELINE DRkT'L = PRELIMINARY SI,TBDI`'ISION - 9:35 -10:02 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was represented by Jack Neveaux. Mabusth said the application was for a lot line rearrangement and replat of two lots. The original subdivision application was filed in 1994 had also included applicant's homestead parcel. The current application includes 3 substandard lots. The property is in the 1/2 acre zoning district. Lot 1 to the west contains 16,500 s.f., and Lot 2 to the east contains 20,000 s.f. Existing now, according to Mabusth are two boarded up structures, one structure had been removed, and one rental unit structure. Mabusth reported that the applicant seeks approval of lakeshore setback variances for lot 1 involving a 6' encroachment of Lakeshore setback line. The structure will be located 10' from street lot line and existing detached garage is 6' into the right -of -way. Both structures would meet the 10' side setback. A timber retaining wall is located in lot 2, and the applicant is willing to remove the wall if able to gain the variances for lot 1. There are no lakeshore decks proposed with new construction plans. `14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #6 - #1958 Louis Oberhauser - Continued) Hardcover excesses do exist, though greatly improved. Lot 1 in the 75 -250' zone exists at 59.047% and is proposed at 36.03 %. Lot 2 hardcover in the 75 -250' zone exists at 36.7% and is proposed at 33.23 %. There is a structural coverage variance required on lot l at 15.6% where 15% is allowed. Lot 2 is under the allowed amount at 10.6 %. There were no public comments. Neveaux said the hardcover on Lot 2 was unnecessary. Peterson noted a petition signed by 31 neighbors voicing their concern for the need for demolition and removal of structures. The petition was dated October 6, 1995 and read into the minutes. Mabusth said the petition was sent out by the adjacent new homeowner and came to Staffs attention on this date. Mabusth said the applicant, Oberhauser, was to have removed the structure by September of 1995. She had informed the new homeowner that this was a private matter that needed to be resolved with Oberhauser. Mabusth said Neveaux was made aware of the hazardous conditions of the structure and its lack of maintenance. The structure is open and able to be accessed. Peterson noted the neighbors' unhappiness with the applicant. • Mabusth asked if there was a schedule for the removal of the structure. Neveaux said there was no definite schedule but tied to the process. He was not aware of the scope of danger. He had thought the structures were boarded up and would pass on the information to the applicant. Smith asked if there has been any inspection of the property by the applicant or his representative and whether the problem was incidental or anecdotal. Neveaux said the applicant had lived there until July of 1995. Smith questioned if the property had been inspected by applicant seen since July or the condition reported to the applicant. Berg said the structure was still there and was surprised that the City would allow it to be there. Mabusth said if the structure is boarded and safe, it can be allowed to remain. The goal, in this case, was to remove the structure. Mabusth asked the representative if the applicant wanted to gain approval on the subdivision, if he would be willing to remove all structures including the rental unit. Smith asked if this could be done within 60 days. Neveaux said he did not know. Smith asked if this could be done before it is sold. Neveaux did not think it W— with the buyer being in place. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 • ( #6 - #1958 Louis Oberhauser - Continued) Hawn said she saw the structures as clearly being in violation and hideous. Hawn said any improvement would be a benefit but was concerned with two substandard lots requiring hardcover and structural variances. She said she was willing to look at the application only because of the hideous condition of the structures. Hawn said she was very concerned with this being adequate grounds for approval and had a serious problem with it. Neveaux said the City and the property owner want the improvement. He noted that other proposals have been turned away and considered this a last ditch effort. Neveaux said in site of the numerous variances that exists on the property, the outcome would be beneficial. He felt the past should be put behind and move forward. Neveaux said the wedge of land of Casco /Spring Park was a transitional group of lots. He noted that one lot was not economically feasible and out of character with the lot and area. He felt the proposal blends in with the neighborhood. Peterson said that was not a concern. He did want the structure to come down and did want the subdivision. He felt if there was to be a replat, he recommended 2 lots. • Mabusth suggested a possible redesign questioning puting a large house within the smaller envelope. She saw no reason to grant a setback variance to lakeshore setback for Lot 1 as the building area could be rearranged to meet the setback. Mabusth said the proposal has merit but again was concerned with setbacks and the lack of any real site planning. • Peterson asked why a larger house on a smaller lot. Neveaux said it was only a general plan. He said the site and access availability was limited and looked at the aesthetics. It was the applicant's intent to eliminate the setback variance required on lot 1 but limit the other. Mabusth noted the sewer easement along the west line and the utility easement on the line. A shared access was recommended from CoRd 15. The County was in favor of the shared access also. The County saw the Dunwoody access as dangerous. Neveaux said this was fine with Oberhauser. He was asked if he was aware of the utility easement. Neveaux said he was but not necessarily to the placement of the easement Lindquist said he did not conceptually disagree but did not want to see any hardcover in the 0 -75' zone. He did not wish to see any new construction in this area. He would not approve any structural lot coverage variance or hardcover variance in the 0 -75' zone but would consider a hardcover variance. 16 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #6 - #1958 Louis Oberhauser - Continued) Peterson said the plan should come back with less variances. Lindquist moved, Smith seconded, to agree with the plat and road change eliminating access from Dunwoody Avenue. The new structure requires a revised plan out of the 0- 75' zone and realigned to show the shared access. No hardcover will be allowed in the 0- 75' zone nor structural coverage exceeding 15 %. The hardcover on Lot 1 at 36% and Lot 2 at 33% were considered reasonable and the street setback to the garage. Mabusth noted that the amended site plan would be required prior to the Council's formal action on final approval variances. Vote: Ayes 5, Nays 0. ACTION ITEMS ( #7) #2059 MINNEHAHA CREEK WATERSHED DISTRICT, 1485 SIXTH AVENUE NORTH - VARIAl: CLS; CO3TDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING - 7:39 -8:11 P.M. Manager, Thomas LaBounty, of the MCWD was present. LaBounty reported that they have reached an agreement with the Pearces, who are out of town, and plan on signing the agreement the following evening. Gaffron reported that the application was tabled at the last meeting pending additional review. The stormwater pond would be constructed on the Pearce property, south of County Road 6 and East of Dakota Avenue. The site is within the creek from Wolsfeld and Holy Name Lakes which flow into Long Lake. The pond is to be a 2 -cell pond whose purpose is to catch sediment and hold back phosphorus. Regular maintenance would be required to keep the pond functioning. The site now exists as a flat, wooded, wetland area. Mature trees will be removed and replaced with vegetation around the new ponds. The MCWD provided "before" and "after" photo representations of the area at the request of the Planning Commission. Gaffron said the City's main concerns are with the construction process. Peterson added there is a concern with hauling of the fill. Gaffron said thousands of yards of fill will be leaving the site to an off -site location to be determined by the contractor. The access road would be on CoRd 6, east of Tanglewood. The excavation and hauling would be done in mid- winter. The sight distance is good at the access location but there is concern about impacting traffic on CoRd 6. Close monitoring of the road conditions would be required along with signage and flagmen during construction. It was noted that for security reasons, a gate with a combination lock would be provided permanently at the access drive. 17 • • u MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #7 - #2059 MCWD - Continued) Peterson asked if the City's approval would need to spell out the hours of operation during construction. LaBounty was asked if this was spelled out in their contracts. LaBounty said hours have not been set. He relayed the example of another project where the City set the approved hours. LaBounty said there would be daily, or even hourly, scraping and sweeping of the roadway. All trucks would use sealed boxes. A procedure would also be used to remove dirt from the tires when the trucks leave the property. Flag personnel will also be used during operation. The construction is scheduled to start in January of 1998 and last 30 -45 days. Revegetation would occur in the spring using bare root stock to save money. No final landscape plans have been developed with the Pearces as of yet. The Pearces will be included in the landscape plan process. Peterson asked LaBounty where the MCWD was with the Medina and Long Lake pond projects. LaBounty said the Long Lake pond agreements have been signed, and the project has been ordered to proceed. Ground breaking is to occur on November 27 with revegetation to occur in the spring of 1996. A verbal agreement has been reached with the property owner in Medina, and all issues are expected to be resolved by December 15. The MCWD is planning for construction to begin on December 15, 1995. Peterson commented and LaBounty confirmed that all three cities' approval for sediment ponds is required in order that the alum treatment of Long Lake be effective. Smith asked if no agreement was reached in Medina if the MCWD would revert back to the plans for a 5 acre pond. LaBounty said that was a possibility at one time but an agreement has been reached with the Pearces only for a 2.5 acre pond. He noted that the MCWD is working hard on reaching a negotiated settlement on the Medina pond. Smith reiterated that this meant there would be no change in scope or scale if no agreement was reached in Medina. LaBounty said no changes would be made as the signed agreement is in effect. LaBounty reviewed the photo depictions of the site. He added that the pond requiring the most sediment removal is the pond nearest to CoRd 6 as it collects the most sands. The second pond will collect finer sediments. There were no public comments. Smith asked if all the points have been addressed to the Staffs satisfaction. Gaffron said this was correct. He added that before the application goes before the Council, a compilation or "punch list" of all the requirements and conditions would be drafted. Peterson emphasized the need to stipulate operating times, the use of flag people, and the total time of construction. LaBounty said he was in agreement with these requirements. 18 • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #7 - #2059 MCWD - Continued) Peterson asked if a drag line would be used. LaBounty said the work would be done by backhoe. Because of winter construction, smaller equipment can be used. Hawn asked if it was impossible to control the point source of the pollution from the upstream feedlots. LaBounty said the majo^ of pollution comes from non -point source over a long period of time. The MCWD is working with Medina and Orono on a cooperative agreement which will use include of "best management practices ". Stormwater management plans, when they are developed by each city, will contain the best management practices. Hawn asked what are the time lines for the cities' stormwater plans. LaBounty said the stormwater plans should have been in by this time as the two year time allotment has expired. The MCWD is working with Long Lake on their stormwater plan at this time and hopes to do the same with Medina and Orono. Hawn said she was concerned if the lake was cleaned of the existing phosphorus, it would be reintroduced creating the same problems. LaBounty said 60% would be removed and would result in less internal loading, adding that the alum treatment would aid in alleviating the problem. Smith asked if the City could stipulate that the application come back before the Planning Commission if the project does not go forward as proposed. It was noted that the normal time frame of reviewing an application is one year while the project is not set for another 3 years. Gaffron said if Planning Commission wishes to extend the approval time frame, some type of trigger could be placed in the permit to allow the application to be revisited. LaBounty requested that the permit be issued for a longer time period as long as there are no changes. Mabusth said that the approval conditions could specify guidelines as to what changes would prompt it to be back for review. LaBounty asked that the permit use any changes to the Deerhill Pond as a trigger to come back before the Planning Commission. He noted that the agreement with Pearce has some leeway for the size of the pond. LaBounty asked if the permit should be held until a time closer to the actual construction, as long as there is an understanding that the construction will go forward. He noted the completion date is about 2 -1/2 years out. Smith felt it could be completed now and only come back if there were major changes in the plans. Lindquist agreed. It was noted that both judges on the Medina suit have promised a conclusion by December 15. Since it would be appropriate for Orono's Council to know the Medina outcome before acting, Gaffron will draft a resolution to present before the Council in January. LaBounty concurred with this schedule. 19 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #7 - #2059 MCWD - Continued) Smith moved, Lindquist seconded, to approve Application #2059 with the provision that the punch list be addressed by MCWD with Staff and to Staffs satisfaction, and any special changes to the size or scope (specifically, the Medina and Pearce projects) would require future reconsideration by the Planning Commission, Vote: Ayes 5, Nays 0. ( #8) #2078 JENSEN HOMES INC., 405 TONKAWA ROAD - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING - 10 :02 -10:15 P.M. The Applicant was present. Mabusth reported that the 30' easement along the south property line has been located. The easement has been deducted form the total lot area and is now at 3.07 acres. The property is to be developed with rural standards due to the septic. There is a backlot configuration but the west lot is not a back lot. there is access to the public road to the south. Mabusth said the County will not approve any new curb cuts and will require a shared driveway for lot 2, and lot 1 may continue to use existing access. The applicant had no comment. • Peterson asked if the applicant was aware that the third curb cut would not be allowed and received a reply to the affirmative. • Lindquist inquired if there was to be any park or trail acquisition. Mabusth said the Park Commission has not reviewed the application but will at their December 4 meeting. During public comments, Barry Knight, 425 Tonkawa, said he had no problem with the subdivision. He did, however, have a concern with the Staff recommendation for condition 91. He noted that since his property is not a back lot, but under back lot standards, item #1 would relate to his property and should not be included. He was told that item #1, which refers to no more than two residences on one driveway, is a City ordinance and must be part of the conditions. Knight said the deeded access is not exclusive and would benefit the division of other lots. If he were to subdivide in the future, which he said he has the right to do, this would affect him, and he should be part of that code. Knight was informed that if he should subdivide in the future, the code would need to be applied. The parcels in question are not in the MUSA, while Knight's property is within the MUSA. 20 • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #8 - #2078 Jensen Homes - Continued) Lindquist said he saw Knight's concern with losing his right to subdivide in the future as the ordinance under item 91 would affect his ability to be served by this easement road. Knight agreed that this would adversely affect his property. Lindquist added that even though this was true, Staff cannot violate the code now in order to not affect a possible future application. It was noted that the ordinance would still be in effect even if it was not listed in the resolution. Mabusth suggested that Knight bring this concern before the Council. Lindquist moved, Hawn seconded, to recommend approval of Application #2078 with Staff recommendations 1, 2, 3, 4, 5, 6, and 8. Vote: Ayes 5, Nays 0. ( #9) #2083 BERNICE M. ZUMBUSCH, 1535 LONG LAKE BLVD. - VARIANCES -PUBLIC HEARIN"" - 10:18- 102', P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application was for hardcover variance to replace a lakeshore deck with stairs. There would be no changes in hardcover in the 0 -75' zone at 16.29% or in the 75 -250' zone at 87.35 %. Structural coverage would remain the same at 20 %. There are no setback variances required. Karen Hessian, the applicant's daughter, said there were areas where plastic is located under the landscaping which could be removed. Mabusth said this would result in reductions of 2.8 %, or 131 s.f., in the 0 -75' zone, and 3.5 %, or 162 s.f., in the 75 -250 s.f. Lindquist asked if not all of the plastic could be removed or if some were needed on the steep hill. Hessian said the plastic on the hill was probably for erosion control; but on top of the hill and by the house, the plastic could be removed. Peterson asked what Staff would recommend regarding removal of plastic from the hill area. Mabusth said she would need to consult with the City Engineer. He did note there were timbers in the area. Peterson asked Mark Gronberg, who was in attendance, if the plastic in that area could be removed. Gronberg said it was a possibility Hessian was asked for a time frame. She said the plan was to reconstruct the deck in the spring. Lindquist said this would allow the Engineer to review and make a. recommendation. Hessian noted that her mother was out of town now but would be home to attend the December meeting. 21 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #9 - #2083 Bernice Zumbusch - Continued) Peterson said the decking needs to be redone. He noted the goal was to get a reduction in hardcover, especially in the 0 -75' zone, but the City Engineer's recommendation would be required. Mabusth remarked that the plastic removal would result in a 5% reduction in the 0 -75' setback area. There were no public comments. Smith moved, Berg seconded, to approve application #2083 for the replacement of the deck with the plastic as previously described be removed and by the City Engineer's inspection on the west side be removed in the 0 -75' zone if recommended by the Engineer. Vote: Ayes 5, Nays 0. ( #10) #2084 THOMAS R. MCCUNE, 1473 BAY RIDGE ROAD - VARIANCES - PUBLIC HEARING - 10:27 -10:32 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. • Gaffron reported that the property under review is located on Bay Ridge Road where 100' lot widths are typical. The lot is 115' as measured parallel to the lake. The property is located in the 2 acre zoning, but the average lot size in this neighborhood is 1 acre. This property is .84 acre. The proposal is for two additions requiring variances for the side setback and hardcover. The applicants plan to replace the existing deck with a sunroom. 30' is required for this side setback, and the existing deck and proposed sunroom are at 27'. Sunroom location is constrained by a window is located to the north. It is possible to narrow the sunroom to meet the side setback of 30'. The room addition and attached garage to the north side requires a 30' setback and is proposed at 10'. The existing house is at 14'. The existing driveway would be relocated. The existing garage and apron would be removed. The garage addition will be over the existing septic system; hence, this project must wait until sewer is brought to the neighborhood. Gaffron reported that the hardcover existing in the 75 -250' zone would increase from 23.9% to 26.7% for a 1.7% variance where 25% is allowed. The hardcover in the 250- 500' zone is under the 30% allowable. The only hardcover existing in the 0 -75' is a stairway located in the Co Rd 51 right -of -way. McCune said it was originally their thought to have a sunroom continuing along the south line of the house about 14' from the lot line, but it was slid to the north because of the setback. Because of the lake views and the way the houses in the area sit on the lots, McCune placed the sunroom where proposed. McCune said by placing the garage addition as proposed to the west, it minimizes the hardcover in the 75 -250' zone. 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 • (#12 - #2084 Thomas McCune - Continued) Lindquist received confirmation to his question that the septic system is located under the proposed garage. McCune noted that all 8 homeowners in the area signed up for sewer which is hoped will occur next year. The plan is to wait to do the improvements until the sewer is completed. This is part of the whole plan. Hawn moved, Berg seconded, to approve Application #2084 with the reservation that the project not proceed with the garage construction until municipal sewer is available. There were no public comments. Vote: Ayes 5, Nays 0. ( #11) #2086 ROBERT AND JANICE CALLAN, 2915 SOMERSET LANE - CONDITIONAL USE PERMITIVARIANCE - PUBLIC NEARING - 10:32 -10:59 P.M. The Certificate of Mailing and Affidavit of Publication were noted. . The Applicant was present. Mabusth reported that the application was for a conditional use permit and variance to create a 6000 s.f open water area in a designated wetland of 1 acre size. The property would have over 2 acres of dry contiguous buildable land. Mabusth noted that the City has a conservation and flowage easement over the area. Mabusth reviewed the codes, specifically 10.55 where amendments would be needed, and 10.56 which lists the functional entities that all wetlands provide and should retain. Of the 6 functional qualities listed, Mabusth said there would be no impact on #5, regarding shoreline or bank stabilization, but had no information on #3, regarding fish and wildlife habitat. Mabusth said the issue is that the code discourages having any prohibition in code 10.55. Mabusth said the City Engineer and DNR had no problem with the proposal as long as certain standards were met. Replacement would be asked for base and bank levels (2.25 acres). The type 2 wetlands should be replaced for wildlife habitat. Mabusth said she saw a problem with other residents of the 7 residential lots in the area asking for the same type of pond. The application was being reviewed by the DNR and MCWD. Mark Gronberg said he checked with Kristen George, who is awaiting City's decision. George was said to have no problem with the excavation in the wetland. He noted that . the Corp of Engineers still needed to approve the application. He also noted that the wetland has become larger after losing the farming in the area. 23 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #11 - #2086 Robert and Janice Callan - Continued) Lindquist questioned if the Planning Commission could ask for mitigation. Callan said the area was low wetland. He was asking for approval to gain open water for aesthetic reasons as well as enhancing a water fowl area. Callan saw the size and scope as having no significant impact on the existing bird or wildlife. He saw three areas of Crystal Bay Farms participate in wetland ownership. This particular parcel is 1/2 of the area. He noted the other 2 have been built on and are located on a higher elevation. He did not believe any of these homeowners would ask for any change from the original wetland designation as they are high in elevation and have no view of the area. Callan asked for approval without mitigation. There were no public comments. Smith said she was of the opinion that others would make similar requests. Lindquist said he preferred to keep the area as it now is but questioned whether the application could be denied. Peterson said he does not like to make changes to wetland areas. He did not see the proposal as bad but felt waterfowl would not stay on a small pond area. George Stickney, the current owner, the lot is 380' in width and is a maple forest. he said with the draintile and transitional growth, the area could be opened to maintain the currrent wetland area. Gronberg commented that agencies are encouraging type 1 and 2 wetlands. He saw no reason not to build more type 3 wetlands. He saw benefits to maintain sediment. storage. Lindquist moved, Peterson seconded, to approve Application #2086 for 1:1 mitigation equal to the open water area, with condition #3, with the use of the scoop method. Callan asked if the Planning Commission would consider type 1 mitigation. Lindquist said the mitigation must be type 2. Callan asked for a 8:1 grade on the back side but said would create a substandard grade to the front. He said he would consider a 4:1 on the front half o fthe open water for visibility. Peterson said the City Engineer said a 4:1 slope was too steep adding that the City Engineer and DNR would make the decision on the slope. Peterson said if the City Engineer was in favor of varying amounts of slope, it could be done. Vote: Ayes 2, Hawn, Lindquist; Nays 3, Smith, Berg, Peterson. Motion fails. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 • ( #11 - #2086 Robert and Janice Callan - Continued) Peterson moved, Smith seconded, to deny approval for application #2086 as it was his opinion to deny all wetland applications. Smith said she saw no compeling benefit to taking this step and saw the true advantage in keeping the wetland as it now exists. Berg agreed. Vote: Ayes 3, Peterson, Smith, Berg; Nays 2, Hawn, Lindquist. Motion passed for denial. Smith said she saw the drainage benefits as comparing apples to oranges. Berg said she saw the application as being for aesthetical rather than environmental reasons. George Stickney commented that the Planning Commission has approved a skating pond elsewhere and here. Peterson responded that this area is a designated wetland. Mabusth said the pond Stickney was referring to was a type 1 wetland. ( #12) #2087 MINNEGASCO, 530 OLD CRYSTAL BAY ROAD - RENEWAL CONDITIONAL USE PERMIT - PUBLIC HEARING - 11:00 -11:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were present. Representing Minnegasco were Rick Pilon and Jerry Kallstrom. Peterson asked the applicants why a permanent fix could not occur. Pilon said Hennepin County postponed the CoRd 6 project and asked the gas company to do the same. It is possible that a permanent solution could be scheduled for next year but has asked for renewal of 5 year permit instead of asking for a 2 -year extension. Pilon said the existing feeder is west of Townline Road, and the low pressure system is east of Townline. The purpose to to bring gas from the high to the low area to stabilize and present an independent leg. Lindquist asked if this would eliminate the need for the facility. Pilon said it would and needed one year to verify that. Pilon said the CoRd 84 project was postponed. It fed Painters Creek with a high pressure feed toward Rockford. Pilon said gas cannot be taken out of this feeder to enforce the area. He said the project is an insurance plan to ensure gas outages do not occur. Smith asked how often this vaporizer is used. Pilon said it was used 3 times in 1992- • 1993, 4 times in 1993 - 1.994, and 3 times in 1994 -1995 with 3 standbys. Smith asked if there has been any complaints or concerns. Mabusth said there has been none. 25 u MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #12 - #2087 Minnegasco - Continued) There were no public comments. Lindquist moved, Hawn seconded, to approve Application #2087 as submitted with the condition that if the lease if not renewed, the vaporizer could not remain. Pilon noted that the lease with the landowner is being renewed on a year -by -year basis. Vote: Ayes 5, Nays 0. ( #13) #2089 RICHARD MILLER, 4520 WATERTOWN ROAD - VARIANCES - PUBLIC HEARING - 11:07 -11:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Gaffron reported that the application is for lot area and width variances for the existing lot located in the 5 acre zone. The property consists of 3.6 acre dry and 2.9 acre wetland for a total of 6.5 acres. A 28% lot area variances would be required. The width parallel to the front lot width is 4% short at 287' where 300' is required. Gaffron noted the 5 acre zoning was created in 1975 when a majority of the residents indicated they preferred 5 acre zoning to maintain the large lot sizes. Gaffron said there are very few small vacant lots in this zone. The property in question of 3 -1/2 acres is unique according to Gaffron. It has not been built on. Miller has owned the property since 1972. The buildable envelope requires a 100' front setback, a 50' side setback, and 26' setback from any wetlands. The driveway would come from CoRd 6. Septic testing has been done, and a site is available for a 5 bedroom home. Gaffron pointed out the likely building site. Gaffron questioned if the City does not grant the variances, does the owner have any reasonable use of the property. He noted that the assessor has given the property a lower value compared to buildable lots. Miller has paid $5,000 in taxes over 20 years. Gaffron asked if constructing a residence on this 3 -1/2 acres dry buildable (6.5 acre total) lot would change the character of the neighborhood. Gaffron commented that when the owner bought the property, the property conformed to the code of 1 acre zoning. Miller noted he is considering building on or selling the lot, and when the variance is approved, it may cause the taxes to increase. Peterson commented that the codes do change but noted the uniqueness of this property. • Miller said the homes and lots going towards CoRd 6 and Hwy 12 from his property are smaller. 26 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #13 - #2089 Richard Miller - Continued) There were no public comments. Lindquist moved, Hawn seconded, to approve Application #2089 with the hardships listed and with noting the zoning at the time of purchase. Vote: Ayes 5, Nays 0. ( #14) #2091 BURTON SCOTT BALL, 1065 FERNDALE ROAD WEST - VARIANCES - PUBLIC ilEL&RING - 11:15 -11:25 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Gaffron reported that the existing residence is mainly located within the 75' zone with a deck on the lakeside. There is also a 4' overhang on the house. Gaffron said the request is for a bay window above the deck and under the overhang but within the 4' of the overhang at 3'. This application would involve the expansion of one bay window and the addition of two more. • Gaffron commented that the hardcover is significant on this property. The proposal could increase the encroachment to the lakeside by 3. The west end is 47' from the lake. At midpoint, the residence is 51.5' from the lake. On the east end, the residence is 45' from the lake. Hardcover exists in the 0 -75' zone at 36.8 %, 41.4% in the 75 -250' zone, and conforms in the 250 -500' zone at 13.6 %. The overall hardcover exists at 36.1 %. The DNR recommends hardcover for an entire property at 251, %. • Gaffron noted that the tennis court located in the driveway has appeared since 1991. In comparison with a survey submitted by the previous owner for a previous application, the driveway and court have expanded. He noted the rock and plastic along the house but commented that it is narrower in width than the 4' overhang but still considered hardcover. Gaffron brought two questions before the Planning Commissioners for their consideration. Should the bay windows be approved allowing a. further encroachment of 3' and should approval be tied to the hardcover. Peterson commented that there was the perception of more encroachment but was not really closer when considering the overhang. Gaffron suggested that the bulk of the house was getting closer to the lake, and the proposal did add more structure in the 0 -75' zone. While the overhang was more of an encroachment, the addition to the bulk requires for need for the variances. 27 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #14 - #2091 Burton Scott Ball - Continued) Ball said he moved in to the property in August of 1995. He said the home is a nice rambler, and he is trying to make it the best it can be. He said he had no need for the tennis court and would remove it. Ball said he would also remove a portion of the driveway as well as the 6' fence. Ball said the bay window in the kitchen area already exists. The two additional bays are to be located at the same distance in the living room and side areas to add balance. There will be no foundation under the bay windows as they will be cantilevered out from the structure. Lindquist asked how much driveway or court could be eliminated. Mrs. Ball said she would be willing for all of the asphalt to be removed except for that for a driveway to gain access to the house. It is her desire to eliminate as much as it as possible. Mr. Ball said he would also remove any plastic. Gaffron indicated two triangular areas of the court area which could be removed. Lindquist said he saw no problem with the bay windows with their location under the overhang. isSmith said she looks for mitigation and would be in favor of the suggestions given by the Balls. There were no public comments. Smith moved, Berg seconded, to approve Application #2091 to install 3 bay windows with the asphalt removed as suggested. Vote: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS ( #15) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF NOVEMBER 13, 1995 Charles Schroeder was not present. ( #16) OPEN SPACE PRESERVATION PLAN - SURVEY RESULTS - PLANNING COMMISSION COMMENT S There were no comments on this item. u 28 • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ( #17) APPROVAL OF 1996 CALENDAR Lindquist moved, Berg seconded, to recommend approval of the proposed 1996 schedule. Vote: Ayes 5, Nays 0. ( #18) OTHER ISSUES FOR DISCUSSION Mabusth asked Peterson to remind applicants that Planning Commission votes are recommendations only. Applications then proceed to the Council for approval. Smith commented that the New Horizon Day Care on Hwy 12 has kept their exterior lights on past the time alloted in the resolution. It was noted that the strong bult wattage in the lights along the roof are also not in keeping with the resolution. Staff was asked to look into this matter. Berg reported having had attended a meeting regarding wetland mitigation. It was said at the meeting that people request dredging for ponds with the idea of having waterfowl use the ponds. With the destruction of the grasses and mosquito zones, it destroys the feeding habitat and waterfowl do not remain. Peterson said this shows the need for all types of wetlands. Berg said the meeting made her aware of the viewpoint expressed in past applications by Peterson and the need to look at all ecosystems. Smith said she would appreciate receiving feedback from applicant's response on the decisions made by the Planning Commission. Mabusth noted that the response has been positive. ADDITIONAL ITEMS ( #19) PLANNING COMMISSION APPROVAL OF MINUTES OF THE OCTOBER 16, 1995 MEETING Lindquist moved, Berg seconded, to approve the Minutes of the Planning Commission Meeting of October 16, 1995. Vote: Ayes 5, Nays 0. ( #20) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE DECEMBER 11, 1995 MEETING OF THE COUNCIL Charles Schroeder was selected to attend the December 11, 1995, meeting of the Council. 29 lr� u MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 ADJOURNMENT Peterson moved, Berg seconded, to adjourn at 11:35 p.m. 30 hair Person Gel hl