HomeMy WebLinkAbout03-18-1996 Planning Commission Minutes•
GRONO PLANNING COMMISSION MEETING
MINUTES FOR MARCH 18, 1996
HULL
The Orono Planning Commission met on the above date with the following members
present: Chair Stephen Peterson, Charles Schroeder, Sandra Smith, Janice Berg, and
Elizabeth Hawn. Dale Lindquist was absent. The following represented the City Staff:
Building and Zoning Administrator Jeanne Mabusth, City Engineer Shawn Gustafson and
Recorder Sherry Frost. Representing Council was Mayor Callahan. Chair Peterson called
the meeting to order at 7:00 p.m.
( #1) #2120 LOREN BRUEGGEMANN, 372 WESTLAKE STREET - VACATION -
7:17 -7:21 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Mabusth reported that the application was for approval of the vacation of a 10' alley
platted in 1912, that also included a canal connecting Westlake Street to main lake. The
929.4' elevation or O.H.W.L. of the lake encroaches over this area. There is no dry land
corridor connecting the 10' alley with Westlake Street lake access.
• Schroeder asked wh y this 's wa s necessary ce sary to do since there was no public interest.
Brueggeman said it would clear up the title for the property.
Peterson asked if there was any response to the application from the DNR. Mabusth said
the application was discussed with Ceii Strauss and no changes were requested.
There were no public comments.
Hawn moved, Smith seconded, to approve the vacation of the east/west alley as platted in
Hillside Park plat, immediately adjacent to the southern boundary of the property located
at 372 Westlake Street. Vote: Ayes 5, Nays 0.
( #2) #2121 ELAINE A. SLECHTA, 3700 NORTHERN AVENUE - 7:55 -8:07 P.M.
A. CLASS II SUBDIVISION OF PROPERTIES LEGALLY COMBINED
FOR TAX PURPOSES
B. VACATION PETITION
The Certificate of Mailing and Affidavit of Publication were noted.
• The Applicant was present.
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
( #2 - #2121 Elaine Slechta - Continued)
Mabusth reported that the property consists of three parcels, two of which are Torrens
property. The certificate of titles have not been updated and do not reflect the 1912
vacation. Mabusth said there is no vehicle available to the City by which to certify actions
taken in 1912 by the Orono Town Board. Applicant has chosen to file a vacation petition
for Northern Avenue rather than pursue a lengthy and expensive legal action.
In 1982, the City reviewed a subdivision for a property owner to the west. The property
was abstract, and the vacated right of way was included in the legal description. The City
asked for 22' to 24' of right of way dedication for the travelled road bed of Northern
Avenue. Half of the road bed is located within the Railroad property. We will also ask
for a dedication of road right of way and for an additional 10' wide drainage and utility
easement adjacent to dedicated road. The boundaries of the designated wetland must be
located and confirmation by survey that 1/2 acre of dry land exists between wetland and
road within Tract B.
Elaine Slechta brought to the Commissions' attention the remarks of the Engineer
regarding the drainage flowing to the northeast from the wetland to the north side of Togo
Road. A neighbor has voiced concern with drainage flowing through their property.
Mabusth said this matter may be further reviewed. She noted that the pond is functioning
• as a retention pond. Slechta said she would be willing to enlarge the pond to control the
drainage flow to the east. The tract C parcel was said to be very wet and not usable in the
rear. Gustafson said the wetlands would still need to drain to the east but suggested a
swale to define the drainage. Mabusth said this improvement was not included as part of
the application and would have to be considered under a separate land use application.
There were no public comments.
Schroeder moved, Hawn seconded, to recommend approval of Application #2121 as
outlined with the Applicant and Staff to work together on a drainage improvement plan.
Vote: Ayes 5, Nays 0,
( #3) #2063 GERALD AND CANDACE ROWLETTE, 3775 BAYSIDE ROAD -
CONTINUATION OF PUBLIC BEARING - RENOTIFICATION OF PROPERTY
OWNERS 7:01 -7:17 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
Applicant, Gerald Rowlette, was present.
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
•
( #3 - #2063 Gerald and Candace Rowlette - Continued)
Mabusth reported that the application was tabled at the September, 1995, meeting to
discuss drainage problems with Staff. The applicants had reported that the construction of
Landmark Drive to the north has had a major impact on drainage on their property. The
request is for hardcover and setback variances to replace an existing deck that was built in
1976. The current Lakeshore regulations adopted in 1975 governed the building of the
deck and applicants received variance approval. The applicants had reported that the
construction of Landmark Drive to the north has had a major affect on drainage on their
property.
Rowlette said the drainage flows correctly during minor rain falls, but when excess rain
occurs, the west side of their property is inundated with surface runoff. Staff advised that
a County representative suggested constructing a F high berm in the County right -of -way.
Mabusth said a permit would be required from the County. Rowlette said the deck
replacement is an exact replacement in the existing envelope of 423 s.f and located 10' out
from the house. Rowlette said they have come up with a compromise for the excessive
hardcover with the elimination of 220 s.£ of landscape underlayment to the east of the
driveway. Mabusth commented that this landscape area is within the County right -of -way
and is not calculated in the hardcover facts. Rowlette said the rock on the side of the
house, along with the sidewalk from the driveway, is necessary for drainage for the ground
IS gutter in order to keep runoff away from the house.
Smith asked what compromise could be made to effect hardcover reduction on the
property. Rowlette said he had no areas where hardcover could be eliminated as the
landscape areas were wood chipped only. He noted that 1 /3rd of the concrete patio was
removed in 1988, but the. remainder is needed for safety reasons to allow for an exit in
case of fire and to eliminate ground heave.
It was clarified that the landscape areas do not have any plastic underlayment but were
figured in the calculation as hardcover.
Schroeder inquired if the berm was to be installed in order to change the drainage patterns.
Rowlette said the purpose was for privacy. Mabusth added that it would redirect the
drainage also. Mabusth questioned why a berm would be installed just to the west side of
driveway when the drainage flows from east to west, and Rowlette said it was a matter of
preference. Mabusth said the berm could be located in the right of way but trees would
not be approved by County.
Schroeder noted that the application was for reconstruction only of the deck and did not
affect the hardcover that exists on the property. Smith said the Commission would
normally look for areas for reduction but did not see any area to reduce since there was no
• plastic underlayment under the landscape areas adjacent to house.
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
•
( #3 - #2063 Gerald and Candace Rowlette - Continued)
•
Mabusth advised that she would have Mike Gaffron reconfirm his hardcover findings
before scheduling the application before the Council.
Smith moved, Schroeder seconded, to recommend approval for the deck replacement with
removal of the Russian olive area underlain with plastic and located within County right of
way. Vote: Ayes 5, Nays 0.
(#4) #2107 ERWIN SMITH/JOHN O'SULLIVAN, 3340 SHORELINE DRIVE -
REQUEST BY APPLICANTS TO BE REFERRED BACK TO PLANNING
COMMISSION FOR FURTHER CONSIDERATION - 7:22 -7:55 P.M.
A. VACATION OF PUBLIC STREET
B. CONDITIONAL USE PERMITS, VARIANCES, COMMERCIAL SITE
PLAN REVIEW
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicants, John O'Sullivan and Mr. & Mrs. Erwin Smith, along with Consultants,
Rob Thompson and Jim Coen, were present.
Mabusth reported that the original application was presented at the February meeting of
the Planning Commission. The comments relating to the proposal were then discussed
with the Applicant, Staff, Engineer, and Consultants to include the internal traffic issues.
Changes were made in the proposal to answer the concerns brought up by the Commission
and others.
Mabusth continued that the application is for three variances. One variance is for a 30'
setback for the car wash. The neighbors in the Lafayette Ridge area support the proposal
in view of the wetland separation from their residences. The car wash location was
considered to reduce the effect of noise and lighting. Another setback variance is required
for parking area adjacent to residential lot line requiring a 10' setback. The parking is set
to be at 3' for a T variance. The third variance is for structural coverage excess over the
allowed 15% proposed at 20.2 %. A fourth variance has been added for signage area.
With the footage of the front lot line, 100 s.f of signage is allowed. The applicant is
asking for 308 s.f of signage for a 208 s.f. variance.
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, I996
k*4 - 41. to r Erwin Smith/John O'Sullivan - Continued)
Mabusth noted that the split vote on the application at the last meeting related to concerns
over traffic and safety issues. These issues have now been addressed, and Mabusth said
the Staff and Engineer are satisfied with the changes made. The exit Iane of traffic from
car wash has been moved back 40' from eastern entrance. Signage will alert those persons
exiting car wash of oncoming traffic.
Sheldon Johnson, Bonestroo's Transportation Group Leader reported on the concern of
exiting traffic and access by the west side doorway of the restaurant. He suggested
widening the sidewalk and installing a railing. A ramp was also discussed with those
represented.
Mabusth said the concern over the tightness of the area between the canopy and parking
has been resolved with diagonal parking, which wW provide an adequate amount of
separation space. The lanes will also have painted centerlines.
Peterson noted that according to the minutes from the meeting, another issue was the
intensive use of the property.
Shawn Gustafson, Engineer, was in attendance to answer any questions. Gustafson noted
the issues relayed in the report by Johnson, and the results from the changes made. He
commented on the lane marking to eliminate confusion in leaving the site, and the change
to 45 degree parking to resolve the issue of parking along Shoreline Drive. Gustafson said
the County has reported their satisfaction with the entrances and their opinion that there
would be no impact on the signal intersection. Gustafson said the revised plans detail the
issues that had been brought up, and he is satisfied with the traffic circulation.
Peterson asked Gustafson to remark on the wetland issue. Gustafson said the property
lines have been staked. It appears that the distance from the wetlands is satisfactory but
would need wetland delineation along with grading plans to verify that the 26' separation
is met. Gustafson said there may possibly be a need for a 4' retaining wall by the entrance
to the car wash.
Mabusth said the County would not need any additional right -o €- -way. The City Engineer
has recommended taking an additional T, however, to allow room for a possible future
sidewalk if road is expanded.
Hawn reported having spoken with Sheldon Johnson over the specific issue of pylons.
She said they were in agreement over the need for a railing extending all the way to the
crosswalk. Hawn had suggested a stop sign but Johnson said that people would ignore
the sign adding that the crosswalk would be sufficient. Hawn said Johnson wanted the
pylons in a fixed position so there would be no reconfiguration of traffic patterns on site.
He had also suggested painting the lanes to which O'Sullivan has agreed to doing.
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
(#4 - #2107 Erwin Smith/John O'Sullivan - Continued)
Smith asked Gustafson if there was anything he would change if he could start over again
at the beginning, especially concerning intensity. Gustafson said his background was in
the road issues and saw additional control at Shoreline Drive in the future. Internally on
the property, Gustafson said the lane markings, signage, and pylons would adequately
address the density. When asked by Smith is there was anything quite so intensely
developed within Orono, an example was given of the car wash, gas, and restaurant on the
north side of Wayzata Boulevard in Wayzata, which is fed by two accesses.
Schroeder inquired about the distance between those picking up food at the window and
those coming into the parking area. O'Sullivan said there was approximately 30', or 2 -1/2
lanes of traffic separating the two.
Peterson said he was in favor of the changes and felt the concerns were addressed. He
noted the use was intensive but saw the variances as consistent with development for the
Navarre area. Peterson commented that the neighbors of the property had asked for a
family -type restaurant or a pharmacy.
There were no public comments.
• Smith brought up the new variance under consideration for signage. Mabusth referred the
Commissioners to the exhibits relating to signage. The O'Sullivan's property across the
street, consisting of 3/4 acres, has 450 s.f of signage, which is based on the amount of
frontage. The property under consideration, due to its configuration, allows only 100 s.£
of signage, although it is a larger lot. The applicant has asked the City to consider basing
the amount of signage based on lineal footage along Shoreline Drive.
Berg asked if the signage would be similar at the two locations. O'Sullivan brought their
attention to Exhibits E and F. He said the restaurant would have a single pole
identification sign. The gas sign would be an identification sign with pricing of a lower
monument type on the boulevard. "O'Sullivan's" would be in signage on the building with
identification on the canopy and "Culver's" on the restaurant building. Hawn noted with
the multiple uses on the property, there would be the need for instructional signs.
Directional signage is not included in the calculations.
•
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•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
(44 - #21 W Erwin Smith/John O'Sullivan - Continued)
Smith asked Berg what her opinion was of the project as she lives in the neighborhood.
Berg said she prefers signs over the usage of other symbols, which have been used, and
allowed, for limited periods of time in the neighborhood. Berg said she is concerned over
the intensive use of the property but felt it was the best use of the property. She hoped
the two gas stations would alleviate the need to wait for a gas pump. Mabusth asked if
there was a need to have any controls on what is sold in the store. Berg said she would
not want to have any controls and saw the other store setting the trend for what this store
would sell. O'Sullivan said he would hope people would have a reason to visit both
properties.
Schroeder asked if there was any remediation of the gas tanks on the property. O'Sullivan
said one tank is still in place but would be removed and replaced with a new tank.
The hours of operation were discussed. Schroeder asked that the hours for operation be
stipulated in the conditional use permit. With O'Sullivan's agreement, the hours for
operation of the restaurant will be from 10:00 a.m. to 10:00 p.m. The store, gas, and car
wash will be open between the time frames of 5:00 a.m. and 12:00 midnight. A car wash
attendant will be on duty during the hours of operation.
Peterson moved, Hawn seconded, to approve Application #2107 with Staff conditions #1 -
6. The hours of operation will be from 10:00 a.m. -10:00 p.m. for the restaurant, and from
5:00 a.m_ -12:00 midnight for the store/gas/car wash, which will have an attendant on duty
during operation. The railing shall extend to the crosswalk. The pylons will be fixed to
the pavement. The lanes will be stripped along with directional arrows. Vote: Ayes 5,
Nays 0.
(#5) #2113 DAVID AND JEAN SAHLSTROM, 129 CHEVY CHASE DRIVE -
VARIANCE - PUBLIC HEARING -11:07 -8:19 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicants were present.
Mabusth reported that the applicants were seeking approval for a side setback for a garage
addition to the north side of their residence located on Chevy Chase Drive. The 1 acre
zoning requires a 10' side setback. Mabusth noted that there were mature evergreens
located on the lot line near where the new driveway would be located and asked the
applicant what affect the installation of the driveway would have on these trees. Mrs.
Sahlstrom said the trees would be left, but the Commission was concerned that the
improvement would result in the destruction of these trees.
W
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
•
( #5 _ #2113 David and Jean Sahlstrom - Continued)
Mabusth asked the applicants if they had considered staging the garage to meet the 10'
setback. Gustafson said he did not believe this would impact the drive -out apron for the
garage. Gustafson also noted that the garage apron must meet the 40 degree backout
alignment but calculated that this was possible. The applicants voiced concern with the
aesthetics of the roof line by such a change.
Hawn asked if the applicants had spoken with the neighbor, whose house is oriented to
face the new garage addition. Mrs. Sahlstrom said the neighbor has recently moved to a
nursing home. She added that the neighbor's home sat far back on the lot, and in her
opinion, would not be impacted by the addition. It was questioned as to who owns the
evergreen trees. The Sahlstroms said they were located on the lot line.
Peterson commented that if another variance was required, he would not recommend
approval, and noted the lack of need for 3 car garages. He would like to see the applicant
confer with the neighbor, however.
Schroeder said if the trees were affected by the addition, he would have a problem with
the application. Mabusth noted that the City does not deal with tree issues in such cases
but that this matter is left for the resolve ofthe private property owners.
• The Sahlstroms said they would like to see the trees remain and would consider setting the
garage addition back 10' to allow this to occur. The Sahlstroms then withdrew their
application.
•
(#6) #2114 CLARK WINSLOW, 1595 BOHNS POINT ROAD - CONDITIONAL
USE PERMITNARIANCE - PUBLIC HEARING - 8:19 -8:40 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was represented by Dale Gustafson.
Mabusth reported that the original application was approved in 1987 for maintenance
dredging of 1500 cubic yards of spoils from an existing pond in a designated wetland.
During this dredging, yellow clay was found and, subsequently, used by the City for the
widening of the roadway. The current application is for 80 cubic yards of dredging to
provide a 8:1 slope on the east side and 3:1 slope on the west for a 12' pond depth, which
is currently about 6 -8' deep.
Gustafson said the pond is clogged with weeds and vegetation. The dredging would
remove the portion to the south full of muck and branches.
8
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
(#6 - #2114 Clark Winslow - Continued)
Mabusth said she, as well as the DNR, question what is lacking in the design that creates
the need to redredge. Gustafson said the problem arose from construction; and with the
property to the side now in turf and plantings, he does not expect the problem to arise as
frequently.
Mabusth questioned the lack of wetland vegetation. Gustafson said the vegetation has
disappeared, but the purpose of the pond is to maintain open water. Mabusth did note
that the original intent of the pond was to rid the area of odors and algae. Mabusth asked
if the intent in opening up more open water area was to gain any vegetation. Gustafson
said cattails could be replanted if the City would desire the maintenance of vegetation.
Hawn later asked if the owner would approve cattail planting. Gustafson said it would be
done if it was necessary.
Peterson said he normally would prefer a pond to remain natural and be opposed to open
water. With how this pond sits in the neighborhood, Peterson said it would be consistent
to maintain the pond as open water. He would like to see cattails planted on the south
side.
Schroeder questioned the amount of dredging and the depth with relation to vegetation.
• Gustafson said the depth would reflect on the slope of the pond. Gustafson said a 8:1 or
10.1 slope was necessary to allow emergent vegetation around the perimeter.
The property location to the lake and the effect of pond runoff was considered. The
culvert was said to be functioning. Peterson questioned the sprinkler running from the
lake. Gustafson said the sprinkler is there to add water from the lake to the pond to
maintain the water level, if necessary, but added that it was not used. Mabusth noted that
this was never approved nor addressed in the original application.
Hawn commented on the smell from the pond on the neighborhood necessitating the need
to maintain more open water. She suggested a design be drawn to allow aquatic
vegetation on the south side. Gustafson said it would be helpful to have dimensions if this
was necessary.
There were no public comments.
Hawn moved, Schroeder seconded, to approve Application #2114 for conditional use
permit and variance to permit the dredging and removal of 80 c.y. of spoils with the
establishment of a high water level for said pond. The slope of the pond is to be
maintained at a 8:1 slope with reimposition of aquatic and wetland vegetation in the area
of the excavation. Vote: Ayes S, Nays 0.
•
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0
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
kfF0 - irZ 114 l;iarx winsiow - Continued)
Gustafson confirmed that there would be no problem with the 929.4 elevation. Peterson
noted that this was his first recommendation for approval of pond dredging in a designated
wetland.
( #7) #2115 FRANK BENNETT, 315/405 TONKAWA ROAD - CONDITIONAL
USE PERMIT - PUBLIC HEARING - 8:40 -8 :58 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was represented by Dale Gustafson.
Mabusth reported that the pond will be located in a low area of the 7 plus acre lot and is
made up of types 1 and 3 wetlands. The wetland is not DNR protected, nor on the
National Wetlands Inventory Map, and would not require either Corps of Engineers or
MCWD approval. The only approval necessary is that from the City of Orono. The
proposed pond is at 4:1 slope with a overflow drainage through the ravine and to the
southeast and eventually flows under Tonkawa Road. The ravine on the Gage property
suffers major erosion. Mabusth noted that the pond would serve as a stormwater
retention area. The proposal is for removal of 1940 cubic yards of fill. Gustafson
• suggested asking why the dredging would not be a permit issue of the Corps of Engineer.
He noted the Corps of Engineers have guidelines for permits in areas of under 1/2 acre
that qualify for nationwide permit. He noted applicant may still need permission. The
Commission was informed that the survey work was completed by Mark Gronberg.
•
Peterson asked if the intention of the dredging was for a wildlife pond. Gustafson said this
was not the intention. The intention was to gain an aesthetically pleasing look with open
water. The erosion of the ravine on the Gage property was noted. Gustafson said the
location of the pond has spinoff benefits and would allow for diversification of habitat.
Gustafson said the pond would aid in creating a water retention area for runoff, protect
and slow down the runoff, and the drainage running into the ditch would be metered. It
was further noted that the proposal calls for the removal of the existing access off of
Tonkawa, and the fill would be used for the shoulder of the new drive, The driveway
would then fink with the drive further south on Tonkawa.
Hawn commented that the application was not proposed as wildlife pond for permit
reasons, but if the applicant would want wildlife, a greater slope would be required.
Gustafson said the depth must. be obtained as the pond would become shallower over
time, and it was important to maintain the water retention. The possibility of a larger,
shallower pond was discussed, but it was noted that it would disturb a larger area which
was not desired.
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
t+f t - fFz i iD rrani Bennett - Continued)
Hawn asked if any of the spoils would be used on the property. Gustafson said the
majority would be taken off the property to an appropriate, suitable site. Some of the
spoils will be used by property owner to the south with new construction, and applicant
would use some with construction of new road. Mabusth said there was no road or
weight restrictions as Tonkawa is a County road
Smith inquired about the slope at the edge of the pond. Gustafson said the 4:1 slope
would have a fluctuating water level. He proposes the house side of the pond to be a
cleaner look and a meadow look to the back side of the pond.
There were no public comments.
Peterson moved, Berg seconded, to recommend approval of Application #2115 with Staff
recommendations 1 -5. The applicant is to work with Staff and Engineer to develop a
proper drainage plan in staging. The back side of the pond is to remain natural pasture
land as it now exists. Staff will verify whether the application needs Corps of Engineer
approval before going before the Council. Vote: Ayes 5, Nays 0.
( #8) #2116 JOHN AND LYNN WALSTEDT, 3470 BAYSIDE ROAD -
• CONDITIONAL USE PERMIT - PUBLIC HEARING - 8:58 -9:03 P.M.
•
The Certificate of Mailing and Affidavit of Publication were noted.
Mr. Walstedt was present.
Mabusth reported that the new owners of the property propose an addition to the west
side of the residence. It is their intent to dig under the upper level to add a walkout
design. The entire project involves 1000 cubic yards of earth movement. 500 -600 c.y.
resulting from the excavation for walkout would be placed in the rear yard. A swale
would also be excavated, which would drain along the west side of the residence to
Bayside, redirecting the flow of I acre of the property to Bayside. Mabusth said Staff will
meet with the applicant and County representative regarding improvements to the ditch
area.
Mabusth noted that the application did not require a variance. She further commented
that the proposal would result in a hardcover reduction in the 75 -250' zone from 40 +% to
24.1 % /
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
•
( #8 - #2116 John and Lynn Walstedt - Continued)
Gustafson commented on the drainage on the site. The low spot on the property collects
runoff in the wetland and takes it to an area near Bederwood. The change to the drainage
would allow more drainage to the south to the county road. The County will review the
plan for possible improvements on Bayside, but Gustafson felt the drainage by Bederwood
was a larger problem. He did not see any potential for erosion and was in favor of the
swale.
There were no public comments.
Smith moved, Hawn seconded, to approve the conditional use permit for the new
construction and for the erosion control with County review prior to project beginning.
Vote: Ayes 4, Nays 0.
(Schroeder was not in attendance during this application and did not participate in the
vote. Hawn was excused from the meeting at this time.)
(#9) #2117 THOMAS MCCUNE, 1473 BAY RIDGE ROAD - CONDITIONAL USE
PERMITNARIANCE - PUBLIC HEARING - 9:07 -9;12 P.M.
• The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Mabusth noted that the property has suffered major erosion problems. She recalled the
emergency ordinance of 1987 allowing property owners to make repairs with Staff
approval after a major rain storm. 24' of retaining walls at the northeast corner were
installed at that time. Mabusth commented that it has been the Engineer's
recommendation to install masonry walls but the Engineer has approved the timber wall
design and detail. The timber wall design ties in with what is presently on the property.
Peterson commented on the necessity of the retaining walls with its proximity to the
roadway. Peterson explained that the trend for masonry is being encouraged due to the
eventual failing of timber -type walls. Mabusth said she had informed the applicant of the
need for County permit but added that Dave Zetterstrom of the County had verbally
voiced his approval.
Berg moved, Smith seconded, to recommend approval of Application #2117 for a
conditional use permit with Staff recommendations #1 -4. Vote: Ayes 4, Nays 0.
Mabusth said the application would be on the agenda of the Council meeting of March 25,
. 1996.
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
SKETCH PLAN REVIEW
(Schroeder left the meeting at this time.)
( #10) 42119 BARNETT DIVISION CORPORATION AND HILLOWAY
CORPORATION, 180 NORTH SHORE DRIVE WEST - SUBDIVISIONISKETCH
PLAN
Mark Gronberg was present along with Lori Lundeen, representing Barnett Division
Corporation, and Jim Pfennig, representing Hilloway Corporation.
Mabusth reported that the sketch plan review involves a 17 acre parcel. The City granted
preliminary approval of 2 lot division in 1988. At that time, one residential area was
created with a 13 acre outlot set aside for future development. The subdivision was never
finalized. The preliminary resolution provide guidelines for the future development of the
13 plus acre outlot.
The current proposal is for a 6 lot subdivision with a cul -de -sac located in the northeast
corner serving lots 1,3, and 4. Lots 2 and 5 would each have a separate curb cut at CoRd
19. Lot 6 was to continue to be served from the existing driveway. Mabusth said the
access for the lots was reviewed with Gustafson. It was determined that the existing
IS access for lot 6 was considered unsafe and suggested a shared driveway with lot 5. City
guidelines had stipulated that an internal road should serve the majority of the lots.
Mabusth said she would like to see a redesign of the accesses with lots 1, 2, 3, and 4
served by an internal road.
•
Mabusth continued that the proposal also involves wetland issues. There are designated
wetlands on the property along with a wetland designated on the National Inventory Map
in the northwest corner, which would be deducted from the total acreage. Mabusth said
Staff would ask for wetland delineation. Type I and 2 wetlands are not deducted from the
acreage.
Another issue concerns a recently completed lot line rearrangement with the Geffre
property to the east. The internal road should connect to western boundary of outlot C of
Bayview Farms providing access for future development.
Mabusth reported that septic testing was completed in 1988 for the existing residence.
The alternate site tested did not meet the 75' setback from designated wetland. The On-
Site Septic Manager confirms signs of serious leaching from the existing septic. Staff will
require septic testing for a new principal drainfield site which must meet the 75' wetland
separation. This may present a problem due to the additional right of way being dedicated
for CoRd 19.
13
NUNUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
( #10 - #2119 Barnett/Hilloway Sketch Plan Review - Continued)
Gronberg asked if the septic site be located in lot 5 if there would be the need to meet the
200' setback for the frontage noting the 17' taken from the lot for right -of -way. Mabusth
said the Commission would need to decide if they would allow that variance. Gronberg
agreed that the access was unsafe to that lot.
Mabusth said there was also the issue of number of lots if the internal road was built.
There is 8 acres on the north between lots 1 -4. Gronberg said there would be a problem
with the steepness of the slope on the east lot line, and it would require fill.
Gustafson was informed that the road would be a private road built to City standards.
Gustafson said the road would be allowed up to a 12% grade, though 10% would be
preferred.
Jim Pfennig of Hilloway was informed that a private road can be used by another
homeowner through an underlying public easement. This would allow the adjacent land
owners use but remain private. Mabusth said the costs involved in maintaining the road
would be shared and could have an introductory fee but it would be decided with a private
maintenance agreement resolved by property owners. Pfennig was concerned that an
internal road would destroy the look of the lots and would like an additional curb cut for
• lot 2. Smith said a shared driveway could be used. Mabusth noted that the County may
not approve an additional curb cut. Gustafson said there was good site distance, if kept
far enough away from the intersection, but it would require following County jurisdiction.
•
Mabusth asked if the internal road was possible and whether it could go beyond the Geffre
property. Gustafson suggested putting together different options on what is or is not
feasible in determining the road's location. Gustafson said the parcel does have the
acceptable location for access road but questioned whether it was desirable to have all of
the lots achieve access from internal road.
Iry Wackman was in the audience. Wackman said he has a purchase agreement to
purchase the property to the east and is curious about the road situation. It is his intent to
build one home at this time and has no current plans to subdivide.
Peterson reviewed that the issues for the sketch plan pertained to septic sites, wetlands,
and the roadway. Mabusth noted the limited area in the northern part of the parcel.
Peterson and Smith said they would be willing to consider a lot width variance for an
internal road. They were undecided on a variance if a backlot was created. Gronberg
commented that with a cul -de -sac, parcels usually do not meet the 200' requirement and
are routinely granted a variance.
14
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
( #10 - #2119 Barnett/Hilloway Sketch Plan Review - Continued)
It was determined that there was possibly not enough area for 6 lots if lots 1 thru 4 were
to be served by internal road. Mabusth noted that the slopes may also change the lot
configurations.
Berg said she has a problem with a single road. She would be in favor of the present
configuration, which she noted was opposite of what is normally done. Berg said she
would need to explore this issue further and would like to receive input from the County.
Lori Lundeen of Barnett asked what the purpose was for an internal road. Mabusth
explained that the purpose was to reduce the number of curb cuts from the county
roadways. Mabusth also noted the desire, in this particular case, to tie into the property to
the east. It was discussed whether a full road would be necessary or a driveway easement
for the property to the east. It was noted that the connecting property has the potential of
4 lots at 14 -112 acres for future subdivision. Gustafson added, if a roadway was not
possible, a driveway easement should be requested. Mabusth said Staff would like the
internal road but would also like to see acceptable lots.
Gronberg added that the slopes were an issue. Pfennig was concerned with erosion
problems of 8% slopes. Gustafson said there was potential for erosion, and this would
• need to be reviewed in order to slow down the drainage.
PLANNING COMMISSION COMMENTS
r�
( #11) OTHER ISSUES FOR DISCUSSION
Mabusth asked the Commissioners if they would like to consider having two meetings per
month when agendas become lengthy. Peterson will canvas the Commissioners and report
back to Mabusth.
Mayor Callahan informed the Commissioners that Staff has advertised to fill the vacancy
on the Planning Commission and is awaiting a response.
ADDITIONAL ITEMS
( #12) PLANNING COMMISSION APPROVAL OF MINUTES OF THE
FEBRUARY 20, 1996 MEETING
Peterson moved, Smith seconded, to approve the Minutes of the February 20, 1996
Meeting of the Planning Commission. Vote: Ayes 4, Nays 0.
15
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 18, 1996
•
(#13) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO
ATTEND THE APRIL 8, 1994 MEETING OF THE COUNCIL
•
No representative was chosen.
ADJOURNMENT
Peterson moved, Smith seconded, to adjourn at 9:46 p.m.
S ---7
4��S' 943627U
Stephen Peterson, Chair Person
16