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HomeMy WebLinkAbout08-19-1996 Planning Commission Minutes• ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 199 1996 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Steve Peterson, Sandra Smith, Janice Berg, Elizabeth Hawn, and William Stoddard. Charles Schroeder was absent. The following represented the City Staff: Assistant Zoning and Planning Administrator Michael Gaffron, and Recorder Sherry Frost. Council members Jabbour and Goetten, along with Mayor Callahan, were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS ( #1) #2158 JOHN O'SULLIVAN /GRACE BAPTIST CHURCH PROPERTY, 2380 SHADYWOOD ROAD - REZONING - PUBLIC HEARING 7:00 -7:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. John O'Sullivan, Erwin Smith, and Dan Clausen of the North Conservative Baptist Conference were present. Gaffron reported that the applicant has an option to purchase the 1.7 acre parcel owned by the church. The parcel is being considered for rezoning from LR -1 C to B -5 commercial • consisting of limited neighborhood businesses. The conceptual plan is for light retail and office in a 2 -story building, to include a bank with drive -thru, with stormwater retention pond on the property and vacation of a portion of Navarre Lane. At this time, the Planning Commission is to consider the rezoning issue and not the use itself Gaffron asked the Commission to consider five general issues for discussion: 1) Does the proposed rezoning fit with Orono's Comprehensive Plan for the Navarre business district? 2) If not, should the City consider a rezoning request absent a comprehensive zoning "needs" review of the Navarre area? 3) Is B -5 the appropriate district for the proposed uses? 4) Are the proposed uses appropriate for this location, adjacent to an existing single family neighborhood? and 5) If the property is rezoned, and if the parcel is ultimately sold to another developer, are all of the allowed uses in the B -5 zone appropriate for this location? Gaffron cited some of the background and history of rezoning in the Navarre area. The last rezoning occurred in 1983. Gaffron said it was Staffs opinion that a comprehensive review of the Navarre area should be conducted before rezoning a specific site, but a specific application is before the Commission for review and is asking for consideration. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( #1 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Uontmueu) The site location is at the corner of Shadywood Road and County Road 15. An adjacent corner is being redeveloped in B -1 zoning. One acre residential is located to the east along with a wetland area, all part of the Lafayette Ridge Homeowners Association. There is 1/2 acre single family residential zoning to the north of the proposed site. To the west across Shadywood is another commercial area of B -1 zoning. Gaffron read the purpose of the B -5 District as defined in the Zoning Code: "The B -5 Limited Neighborhood Business District is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hardcover. The District may adjoin residential districts or other business districts which are subject to more restrictive controls. The District shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the B -5 District as contemplated in the area known as Navarre in the City of Orono, the uses are limited in order to limit the hardcover in that area and to limit the future generation of • traffic for that property in that use district since there is already a traffic problem in Navarre." Gaffron said it could be argued that there is no traffic problem in Navarre but acknowledged that it was indeed busy. Gaffron then read the fist of permitted uses and conditional uses within both the B -5 and LR -IC zoning districts. Gaffron reported on the potential uses of the site other than for the use as proposed. These were noted as a church and other conditional uses, plus residential to include single family and duplex. The site is of a size which would allow as many as 6 dwelling units in three duplex structures. Gaffron said Staff does agree that for the uses proposed by the applicant, the B -5 district is the best zoning fit. Gaffron reported that the Staff recommendations include a comprehensive study of the zoning and land use in the Navarre area before arbitrarily rezoning a parcel at the request of a developer. He noted, however, that since a study has not been initiated by Council, and given the applicant's request to redevelop the site and his need of immediate rezoning, the Planning Commission is being requested to review the request for rezoning, its appropriateness to the area, and under what conditions. is MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( #1 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued) O'Sullivan said he considered the neighborhood, the intense use on adjacent properties, and the allowed uses in each district to determine that the best fit is B -5 commercial. He continued that he found no offensive uses among those permitted in B -5 and noted they were uses that generated low traffic. O'Sullivan reported that he held two public tent meetings the end of June. He notified all property owners within 600' of the site, which is two times what is required by law, and also went door to door in a half mile square vicinity. 80 people, including 2 Planning Commissioners, attended the meetings. The comments received by O'Sullivan were favorable to the concept noting there would be no infringement on the neighborhood. Petitions were available and were signed by almost all of those in attendance. All but a couple of people supported the concept. O'Sullivan also provided drawings of the plans and a petition in his nearby store in mid -July. He received 200 signatures of which the majority showed a telephone prefix of 471, which is that of the Navarre area. O'Sullivan said he also spoke with about 80 business owners and received signatures of those favoring the concept. Only 5 or 6 were said to not voice favor but asked questions about the proposal. Only one of the opposed was an Orono resident. O'Sullivan concluded that the B -5 was a great fit between the busier B -1 business district • and the residential zoning. He noted that no one adamantly opposed the project. The most concern was that of tearing down a church. O'Sullivan said the purchase option was soon to expire, and a decision needs to be made soon on whether to continue pursuing the property. General plans have been made but a comprehensive plan is awaiting the rezoning issue decision. O'Sullivan said he has received numerous inquiries regarding the space to include realty offices, insurance, and floral shop. He, at this point, is unable to go any further in the application until the rezoning is decided. O'Sullivan noted that he owns two of the adjoining parcels and sees the joint development as an opportunity for the future of the area. Peterson said he attended the neighborhood meeting and noted those in attendance were for the concept, who said they were tired of seeing the empty building. Peterson said the City does not change zoning without alot of thought but feels the concept would fit in the comprehensive plan of the City. He felt the question was whether the City should look at one parcel versus the long range plans for the Navarre area, noting there was no plan to do so at this time. Peterson felt if the application was in regards to another location, it would go through the long range analysis, but he sees this property as unique and lends itself to its own development within the neighborhood. Peterson said he would like to see the property rezoned to B -5 but would like to change some of the wording within the B -5 description and allowed uses now in the zoning code, i.e. removal of tobacco shops. Peterson asked if there is anyone who is opposed to the project? • Lindquist opened the meeting to a public hearing and asked for comment. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 • Rezoning - Continued ( #1 - #2158 Jahn O Sullivan /Grace Baptist Church Property - Re g ) John Ericson, 1620 Shadywood, and owner of 2 lots located to the north of the proposed site on CoRd 19, said he had no problem with the plan but was concerned with a parking lot abutting his property and the traffic from the businesses. Ericson said he acquired his lots five years ago and was told by the County that they would not allow any more curb cuts off of CoRd 19 for homes. His access was said to have to come from Olive Avenue. Ericson noted that the current church property has two curb cuts; and if he was not allowed any curb cuts, neither should this property be allowed any additional curb cuts. Ericson said there would be alot of traffic generated by the site with short term traffic coming in and out. Ericson is concerned with the narrow residential streets behind the site and asked the Council to consider where the residential should begin and stop. He questioned whether he should build any houses on the lots. Ericson was concerned with people taking shortcuts through the adjoining neighborhoods to get to the proposed site and would like to see the roads improved. He said he had no problem with what is being proposed with controls noting it was better than what is there now. Janet Roshar of the nearby vet clinic said the area needs a face lift, and she is in favor of the plans. is Janet Simons, in insurance sales the past 11 years, said the proposal would be a wonderful advancement to the area, and she would like to relocate into the proposed building. Jay Richards, 3243 Casco Circle, said he has dealt with O'Sullivan and Smith as businessmen over the last 22 years and viewed them as good people. He would like to encourage them to keep their standards, which he views as higher than those in the area at this time. Gaffron passed around a letter from Robyn and Brett Hallonquist, which was read into the minutes, voicing their approval of the plans. Smith asked O'Sullivan what kind of retail businesses he saw as being located in the building. O'Sullivan gave an example of a flower shop, a gift and card shop, personal services. He said he has not yet put out any notices in the marketplace but has received inquiries from realty houses and insurance agents, which would be good businesses for the neighborhood and fit in the B -5 zoning, adding that these uses did not generate high traffic. O'Sullivan informed Smith that there would be no 24 hour businesses. Smith asked O'Sullivan to comment on the residential traffic. A bike /hike trail was noted. O'Sullivan said there would be no direct outlet to Navarre Lane or Olive Avenue as the traffic pattern is designed to keep away from the residential area. Peterson noted that this was the subject of the only question at the public meetings. • 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 0 ( 91 - #2158 John O'Sullivan/Grace Baptist Church Property - Rezoning - Continued) Smith asked Gaffron if there was any way to place limits on the permitted uses short of amendment of the B -5 permitted use list in the comprehensive plan. Gaffron reviewed the permitted uses noting there would likely not be any record shops today but a video or CD store is possible. No pet shops exist in Navarre but a vet clinic does, and tobacco shops are not too commonplace. Gaffron said many of the permitted and conditional uses fit in a neighborhood setting. Gaffron said if there was concern with a use for the property under the permitted use list, the B -5 zoning would have to be amended. It was noted that as the ordinance now stands, any of the permitted uses could occur. Peterson voiced concern with a conditional use of off - street parking. Hawn said she saw the issue as whether to approve the B -5 as it stands and encourage the review. She did not see any of the permitted uses as being obnoxious and any concern with a conditional use would have to be reviewed by the Planning Commission. Hawn noted from letters received from the neighbors, they are in favor of and want the development, are frustrated with the site as it stands and would be gratified by an upscale building in the neighborhood. Peterson noted that he has seen only 2 applications in 5 years for this property in its zoning as residential adding that this developer was the first person to come forward . asking to change the zoning. Stoddard commented on a concept brought forward last month of a Navarre beautification program, which would be different than that of long term zoning. He noted the last study was done in the 1980's and the determination made that involvement from the business owners would be necessary to accomplish anything. Stoddard said he lives close to the area, attended the public meeting hearing favorable comments towards the proposal, and is open to reviewing the permitted use. Peterson said he sees the development as a catalyst for redevelopment of the Navarre area. Berg said the development is long over due and lends itself to setting a standard of what can be done in the area. She also lives in the area and noted its need for improvement. Lindquist said the property was troubled with the church sitting there; and with the application in front of the Commission, he saw the need to deal with it at this time. 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 • ( #1 - #2158 John O'Sullivan/Grace ivan /Grace Baptist Church Property - Rezoning - Continued) Smith asked O'Sullivan what kind of energy was in the area regarding redevelopment, noting the need for funding, and whether a revitalization of the area was realistic. O'Sullivan said he couldn't speak for others but saw improvements made in businesses cause other businesses to get involved or become lost. O'Sullivan said it was a matter of individuals parting with funds. He noted Berg's involvement in redevelopment projects. The need for special financing and problems with absentee landlords were noted. Smith said she was not encouraged that there would be any beautification plans occurring without special financing available. Janet Simons reported that O'Sullivan, Rick Bloomquist of Rick's Super Valu, and herself got together and purchased holiday banners prior to getting any support from others in the area. They then sent out mailings and raised several thousand dollars. Simons said this shows a commitment by the business owners and their support. She noted that such initiatives do get the ball rolling towards improvements in the area. Peterson moved, Berg seconded, to approve the rezoning of the property at 2380 Shadywood Road to B -5 as stated with the condition that the B -5 uses be amended to delete tobacco shops under permitted uses and kennels, home and garden rental, and off - street parking under conditional uses. • Gaffron asked to review the existing B -5 areas in Navarre. This includes a block where a Dairy Queen, a vet clinic, and Lowells Auto Parts; an office building; and B -5 to the west with a furniture store and a service station. With only those B -5 districts, Gaffron said the suggested amendment to the B -5 would appear to not adversely affect those businesses already in place which was a concern to him. He asked that off - street parking be defined as there is a need for parking in the B -5 but serving some other primary use. Suggestions were of no unauthorized parking and no "for sale" parking allowed. Peterson said he feared Lord Fletchers would use the lot for parking on weekends creating more traffic to the area which Peterson would like to keep down. Gaffron recommended that the Commission recommend to Council that an amendment to the B -5 zone be pursued as a separate application from the rezoning. Vote: Ayes 6, Nays 0. The rezoning issue will be before the Council at the meeting of August 26, 1996. ( #2) #2155 NANCY KRAUSE AND DAN HANDLIN, 3860 NORTH SHORE DRIVE AND CITY OF ORONO - SUBDIVISION OF A LOT LINE REARRANGEMENT - PUBLIC HEARING 7:45 -7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present. �J 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 •( 92 - #2155 Nancy Krause and Dan Handlm - Continued) Gaffron reported that the application is a request for approval of a subdivision of a City - owned tax forfeit parcel. The parcel includes wetlands and once held a lift station. The applicants found that their driveway access is partially within this tax - forfeit parcel. The applicants went forward with their purchase of the property in spite of the encroachment after receiving conceptual approval from the Council for conveyance of a portion of the property to the County for resale to the property owner. The portion to be transferred is 20' wide and 100' deep. Gaffron reported that this would have no impact on the City's infrastructure and recommends approval. The applicants said it is their desire to own their driveway. They will be moving it slightly to stay within their new boundaries. Smith asked if there were any costs to the City. Gaffron said all costs would be at the applicants' expense. There were no public comments. Hawn moved, Smith seconded to recommend approval of Application #2155 per Staff recommendation to include conditions 1 and 2. Vote: Ayes 6, Nays 0. • 0 #2156 MICHAEL AND THERESA EASTMAN, 4520 WEST BRANCH ROAD AND LAKEVIEW GOLF COURSE, 405 NORTH ARM DRIVE - SUBDIVISION OF A LOT LINE REARRANGEMENT - (REGISTERED LAND SURVEY) - PUBLIC HEARING 7:50 -7 :54 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Eastmans were present. Gaffron reported that the application was a subdivision of a lot line rearrangement to allow for the Eastman's to acquire a portion of Lakeview Golf Course to accommodate a garage addition to the rear of the Eastman house, which requires a 50' setback. Lakeview Golf Course is in favor of selling the land and would suffer no negative impact. This proposal would add 7800 s.f. to the Eastman property. There is generally drainage across this portion of the land, but Gaffron said nothing suggests any need for a drainage easement as it can be channeled on the Golf Course property. Gaffron said Staff recommends approval as proposed. The applicant had no comments to add. • There were no public comments. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( #3 - #2156 Michael and Theresa Eastman/Lakeview Golf Course - Continued) Berg moved, Hawn seconded, to recommend approval of Application #2156. Vote: Ayes 6, Nays 0. ACTION ITEMS ( #4) #2151 JOHN AND JANICE HURD, 2795 CASCO POINT ROAD - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:54 -8:09 P.M. Janice Hurd was present, along with architect, Charles Coombs. Lindquist reviewed the application for Staff and reported that changes were made to the original application after review at a previous Planning Commission. The house was moved back 8' from the original plan to accommodate concerns by the neighbors over the average Lakeshore setback. The house projection will still be 4 -5' in front of this line. No structural coverage or lot area variances are required. A hardcover variance for 400 s.f in the 0 -75' zone is required for the existing boathouse. Hardcover in the 75 -250' setback meets the allowed at 3292 s.f. proposed. The 250 -500' setback area allows 30% or 2241 s.f. The original proposal was for 45.7% or 3414 s.f. The amended proposal is at 2912 sT or 38.9% fora 671.7 s.f. or 8.9% variance. 320 s.f. of driveway improvement is • located in the Casco Point right -of -way. Peterson clarified that the issues at hand are the hardcover in the 250 -500' setback and the average lakeshore setback. Gaffron reported that a letter from neighbors, Ken and Elaine Erickson, arrived today. Peterson read the letter into the minutes. The Erickson's favored the changes made to the house placement, had no objection to the boat house, and had only a possible objection to the portion of the house laying in area beyond their home's projection. Hurd said this projection area is their kitchen eating area. Without that area, the home would have to be widened which would make it lay closer to the Grundeen's. Hurd also noted that the existing house in this same area is a 2 -story and the proposed is a single story with a walkout under grade. Stoddard asked if this projection of the house can be seen from the neighboring property. Coombs said the look of the projection was softened and did not believe it had any affect. He noted that the Grundeen's were in favor of the changes made. In public comments, Todd Thielmann, 2799 Casco Point Road, located two houses to the left of the Hurd's, said the neighbors had met with the Hurd's. Thielmann said he and the Grundeen's liked the new softened look. An imaginary line was drawn from their homes to establish a boundary by which the homes would keep within in order to control any leapfrog effect. Thielmann informed Peterson he is in favor of the application with the changes made. r� • MINUTES OF THE ORONO PLANNING CON NUSSION MEETING HELD ON AUGUST 19, 1996 (#4 - 42151 John and Janice Hurd - Continued) Peterson reviewed the variances required of hardcover in the 250 -500' setback and average lakeshore setback. He noted his own view of being consistent in not voting for average lakeshore setbacks as a matter of principle. The application was tabled from the last Planning Commission meeting in order to respond to the concerns of the neighbors. This seems to have been rectified by the adjustments made in the plan to eliminate any leapfrog effect. Peterson commented that the boat house is in excellent condition and seems appropriate to allow it to remain. Stoddard was informed by Coombs that the new placement of the home will be held to a line from the Thielmann's home and recorded on a survey. Thielmann acknowledged that the approval should include the survey. Smith said she did have a concern over the lakeshore setback. Hurd said the home now exists much further into the setback. If the home was moved back any further, it would create an even deeper tunnel effect. Coombs said he believed the Grundeen's home would be remodeled at some point. With the drawing of the imaginary line, it would keep their home within that setback also. Stoddard moved, Hawn seconded, to recommend approval as submitted with the addition of the survey line included in the approval. Vote: Ayes 4, Nays 1, Peterson, due to the principle of the average lakeshore setback. Lindquist did not participate in the vote as he conducted the review. ( #5) #2159 JAMES AND JOANN JUNDT,1400 BRACKETTS POINT ROAD - VARIANCES - PUBLIC HEARING 8:09 -8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Lindquist moved, Smith seconded, to table Application 92159 at the request of the applicants. Vote: Ayes 5, Nays 0. Berg was not in the chambers at the time of the vote. ( #6) #2160 DAVID DOTZENROTH, 3225 CASCO CIRCLE - VARIANCES - PUBLIC HEARING 8:10 -8:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 (96 - 92160 David Dotzenroth - Continued) Gaffron reported that the application is for side and street setback variances for an addition to the rear of the garage. The lot area, lot width, and hardcover allowances are all conforming. The corners of the garage are at 4.4' and 7.4' from the side lot line where 10' is normal. With the proposed 750 s.f footprint, the required setback is increased to 15'. The garage is now 1 -2' from the street lot line and the concrete slab extends out over that. The addition would include a roof change from a low pitch to a 12:12 pitch. The purpose of the addition is for storage. The proposal shows an end load or possibly a side door to allow for backing up into the property. This would allow the off - street parking to be out of the right -of -way. Gaffron said Staff believes it would be more appropriate to have a side door configuration but noted it would add hardcover with the driveway apron for parking. This might have an impact on the trees on the wooded property. Gaffron added that the code for doors facing the street requires a 30' setback. This relates to busy streets which is not the case in this situation. He noted there is no other option for parking under the current layout as the garage is against the lot line. Dotzenroth reported that he has lived in the area for 43 years owning several homes. Letters from the neighbors noted approval of his application. Dotzenroth said the front exposed doors and concrete apron allows for a parking area for guests. He noted that the property in the circle now owned by the City was once owned by his family. Dotzenroth said if the road was improved, it would not infringe on the neighbors but to the park only. Dotzenroth said if he changed the doors to face the east, it might cause problems in the winter time. He added that a 30' setback would require the probable elimination of a hickory and black walnut tree. If pushed any further back, it would also take out a 4' maple. Dotzenroth said there is no traffic problem in the area noting the dead end street. Although he does not park on the concrete apron, his guests do, and this aids in keeping cars out of the park area. He said he is not in favor of trailers and brush being within the park as there now exists. Dotzenroth added that the expansion would allow the roof to be in the same style as his 1882 Victorian home and give him options for storage. Lindquist asked if there was a problem with keeping within the 1000 s.f limit. Dotzenroth said the expansion is not much over that amount, and his benefit is in gaining the 12:12 pitch. Gaffron asked if the garage could be reduced 6" in length, which would keep the garage within the 1000 s.f. Dotzenroth said this could be done. 10 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( #6 - #2160 David Dotzenroth - Continued) Smith asked what the use of the addition was for and who would construct it. Dotzenroth said the expansion would allow his vehicles to be stored within and noted that he would contract out for the work. Smith asked what the time frame would be for the home completion, garage, and yard cleanup. Dotzenroth said the home was started last year, and he is in the process of finishing the roof and walkway. He thought the home would be completed in a couple months. The yard should be cleaned up of construction material at that time. Dotzenroth said the garage would be done after the home and all should be completed by spring of 1997. He said all of the work including landscaping will be done within the time frame of the one year variance allotment. Hawn asked if the entry to the side could be accomplished without destroying the black walnut tree. Dotzenroth said he has not measured it, and it would be close. She asked about the 3 -car garage but 2 -car design. Dotzenroth said two stalls are tandem. Berg asked if Dotzenroth intended on keeping the sheds on the property. Dotzenroth said one of the sheds would be eliminated. Smith asked Dotzenroth for his choice of either the garage pulled back with a side apron or a steeper gabled roof. Dotzenroth preferred the roof Smith asked if this was allowed, if Dotzenroth would be willing to orient the garage per the Staff recommendation. • Dotzenroth said he would be looking at ice slides. Gaffron noted that this concern could be eliminated by redesigning the peak of the roof and showed Dotzenroth a sketch how that could be accomplished. The issue of the garage entry was discussed. Lindquist said the side entry was a matter of safety. Dotzenroth did not think this made a difference with the road being at the end of the point. Smith said it would improve the safety, not only for traffic, but for egress onto Casco Point and provide parking safety. Dotzenroth asked if he had the door for access but be allowed two on the side. Smith said this would defeat what the Commission was trying to accomplish. Hawn said she was concerned with a variance allowing the garage so close to the roadway when this would not be allowed for others. She does not find the situation to be so unique as to compel approval of the resolution when there is another solution for side entry. She had no problem with the steeper roof. Smith agreed that the steeper roof would be all right. Dotzenroth said he would like to measure the distances to see what effect it would have on the black walnut trees. There were no public comments. Lindquist said he preferred the side door entry. Dotzenroth asked if he could keep the • concrete apron for guest parking. 11 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( 96 - 92160 David Dotzenroth - Continued) Stoddard said he was in favor of the roof line to restore the Victorian look. He noted the side entry would add about 4% to hardcover. Dotzenroth said he was concerned with additional hardcover and prefers green. Smith moved, Lindquist seconded, to recommend approval of the garage addition with the size of the addition to be maintained below the 1000 s.f. limit. The steeper gabled roof was recommended for approval. The garage doors are to be oriented to the east and require a new driveway construction. The apron in the right -of -way is to be eliminated. The exterior construction of the house is to be completed before the garage is begun. Gaffron noted that the permit is for two years, one year for the exterior and one year for interior completion. Vote: Ayes 6, Nays 0. Dotzenroth was informed that the existing concrete with doors could not remain. Smith said it was a matter of safety. Hawn noted that cars could still pull in without the concrete there but the concern of the Commission was for cars being in the roadway. Mrs. Dotzenroth asked if gravel could be placed where the apron now exists. Gaffron said gravel constitutes hardcover and grass pavers also were considered hardcover. Gaffron said the application would be before the Council at their September 9 meeting. . Gaffron informed Dotzenroth that the proposal would be needed prior to the meeting. Peterson noted that Dotzenroth would have one year from the approval of the variance by the Council to complete the work. • ( #7) #2161 JAMES AND MELISSA EASLEY, 4105 HIGHWOOD ROAD - VARIANCES - PUBLIC HEARING 8:40 -9:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present, along with their Architect, Sarah Susanka. Gaffron reported that the property located on Highwood Road is about 40' wide. The proposal is to tear down the existing garage, which is located 2' from the right -of -way, and remove the parking area and stairway down to the house. It will be replaced with a garage within 3' of the side lot line and 25 -30' from the street with parking in front of the garage. The future conceptual plan is to attach the garage to the house with a walkway vestibule. The garage and house are to be 3 levels each. Gaffron noted a height issue with the proposed garage. The defined height is 26' and that of the house only 19', though 26' from low point to peak. The garage is considered an accessory structure and by definition cannot be of greater height than the house. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 • _ ( #7 - #2161 James and Melissa Easley Continued) The side setback is proposed at 3' where 10' is required by code. The reason for this setback variance is twofold: 1) to add to the drainage by extension of the garage wall to channel drainage past the house, and 2) there are mature trees on the other side. It was noted that there is a 30' setback required for the garage doors facing the street. A lot coverage variance is required. The existing structures are 16.8 %, or 1401 s.f, where 15% is allowed. The proposal is for 19.7 %, or 1646 s.f. Gaflron noted that the zoning allows for 1500 s.f regardless of the lot size. Calculations have not been done for the conceptual new house and may be found to be less than the existing lot coverage. There will be no change in the hardcover in the 0 -75' setback. Existing hardcover is at 23.3 %, which includes the house and deck. The hardcover in the 75 -250' setback is at 38.1 %, proposed at 40.8 %, where 25% is allowed. Gaffron reported that the City Engineer has reviewed the proposal. By channeling the drainage from the garage roof and driveway, Cook was said to feel this would protect the house. Drainage from the street currently travels along a 4 -house area. Gaff on said drainage is a concern in the neighborhood, and curb and gutter and retention pond are future issues to be considered. • Gaffron asked the Commission to consider the relation of the garage and house, the need for 3- stories, and the view from the lake from a height standpoint at about 50' from lowest to highest points. Gaffron noted that a typical 2 -story walkout would present a height range of 42 -45'. Lindquist commented that the problem with the garage was the need to go down 2 stories. • Architect Susanka raised the issue of the "office space" being considered as part of the garage. When the house is rebuilt in several years, the applicants would need to reside in the garage. Susanka asked if there would be a problem with that as the applicants would not invest heavily into the property if it was not allowed. She also asked about requirements of the planned house in order to gauge what the City would allow. Susanka said the upper story of the garage would have 5 -6' sidewalls to allow a person to stand in it but to have minimal impact. 13 �J MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( #7 - #2161 James and Melissa Easley - Continued) Lindquist responded that this would then become a problem with a tear down. Gaffron said the garage would then become the principal structure. The time frame would be reviewed but Gaffron said it could likely be worked out. Lindquist inquired if plumbing was added, would it remain once the house was rebuilt. The applicant said it would possibly be used as a mother -in -law apartment. Gaffron referred to the connection with the breezeway. Susanka said the plans were not totally formulated as they were only gathering information at this time. Gaffron related scenarios of the space being heated, all one structure, or if a separate structure, or as a bedroom, and the requirement for a CUP. Lindquist was informed that the time frame for the completion of the house was 4 -5 years. Lindquist suggested completing the garage and then making a decision on the remainder of the concept. Melissa Easley noted the hazardous condition of the garage as it now stands and concerns for safety and drainage. James Easley also reported a problem with the retaining walls. Lindquist asked what they would like approved at this meeting and Melissa Easley said to build a garage. Stoddard asked what the issues were concerning the retaining walls. Gaffron said the existing wall condition is poor. The idea for the proposal would solve drainage by • drawing it past the house. There has been no suggestion as to how high they should be as of yet, but Gaffron said the Engineer thought the solution may work. Hawn commented that the small lots require smaller houses and would like to see the square footage keep to the 1500 s.f allowed. She asked the applicants to keep this in mind when considering the large garage as it would be included in that calculation. Susanka said the garage is not large at 22x21 and includes a stairway to the house. She said they looked at an outside stairway but were concerned with water. Susanka said it was not the intention of the applicants to have a large house. Gaffron said the existing house is at about 1000 s.f. Susanka said the new structure would be close in size to what exists noting her specialty in working with smaller sized homes. Stoddard asked the applicants to work with Staff regarding the pros of connecting the garage and house, which would be better than having a separate structure. Gaffron said the building inspector would review it. Susanka was told it would be okay to meet with Staff to discuss the issues. Stoddard asked how the planned house and garage would fit in with the neighborhood. Susanka said some of the homes are taller. Gaffron informed Smith that the peak would compare to those in the neighborhood. The Theobald house to the east was noted to be the lowest home. Melissa Easley said they were trying not to create a change to the style of the neighborhood and their home would be similar to that of Theobald. • 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 0 ( #6 - 42161 James and Melissa Easley - Continued) There were no public comments. Lindquist commented that there were a number of variances with the size of the lot but agreed that the proposal was an improvement. Gaffron noted the 3' side setback was an essential minimum with a 2' overhang and the drip line 1' from the lot line. He also noted the uniqueness of the proposal due to the drainage. Gaffron said a fire wall would be required, but there would be a 10 -11' separation from the neighbor's garage. Stoddard moved, Hawn seconded, to recommend approval of Application 42161 as proposed. Smith noted that the garage space for office, plumbing, and living space was not being considered in this proposal. Hawn asked if it would be used for business. The applicants said the use of the office terminology was only due to a lack of knowing what to call the space. Stoddard noted that the height variance could result in being more intense. Vote: Ayes 6, Nays 0. Susanka informed the Planning Commission that she has worked with many different staff gefp le from other cities and has found Gaffron to be excellent to work with and very • ( #8) #2163 LARRY AND SHARON GEHL,1825 CONCORDIA STREET - VARIANCES - PUBLIC HEARING 9:05 -9:13 P.M. • The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present. Gaffron reported that an addition to the house has begun in the 75 -250' setback, but the applicants propose a second story deck above the existing one story screen porch, which encroaches the 0 -75' by 12' and would change the roof pitch of the porch to being flat but with a deck and railing above it. This would add height past the average lakeshore setback line and past the 75' line. Gaffron also noted the existing grade level deck. The average lakeshore setback line was said to be in line with the house and possibly behind the setback with the survey line as shown. Gaffron said there are also shrubs with rock and plastic which normally would be removed within the 0 -75' setback. A sidewalk has been taken out in the 0 -75' area. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 0 — ( 98 - 42163 Larry and Sharon Gehl - Continued) The applicants reported that their neighbors were in favor of the proposal. Larry Gehl said the roof line was to be at a slight angle. He noted that a leaking roof was the initiative behind the project, and they are attempting to gain more light into the house by dropping the roof line. The same footprint will be used as the existing porch. Gehl said the neighbor to his right will gain a better view as a result of the improvement. With the trees on the property, views are limited. Stoddard said when the views are limited, the average lakeshore setback is a mute issue. Sharon Gehl said the proposal would result in a better utilization of their space. She would like to see the deck remain for egress into the house. Gehl said she was willing to remove the plastic, as she has already removed about half of it around the house. Gehl also noted that the sidewalk from the lakeshore halfway up to the house was removed. Gehl said it was not their intent to add to hardcover. Hawn moved, Lindquist seconded, to approve Application #2163 with the condition that the remainder of the plastic be removed. Vote: Ayes 5, Nays 1, Peterson, who noted the project was good but it was a matter of principle regarding the average lakeshore setback. Gehl was advised to speak with John Gerhardson after inquiring about standing water in • the fire lane adjacent to his property. ( #9) #2164 DOUGLAS J. OLSON, 2601 WEST LAFAYETTE ROAD - VARIANCES - PUBLIC HEARING 9:14 -9:26 P.M. • The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Architect, Bill Michels. Gaffron reported that the proposal was for hardcover variances for two sides in the 0 -75' setback, the 75 -250' hardcover, lakeshore setback, and average lakeshore setback for an addition to the existing house. The addition is mostly located away from the lakeshore side of the house. The roof pitch would be changed to a 12:12. A minor room addition in the center part of the house would add another story and be much higher than that which exists today. A portion of the roof pitch change is located in the 0 -75' setback. The entire house is located within the average lakeshore setback due to its location on a point. There is considerable vegetation between this house and the next house to the west. The hardcover in the 0 -75' setback exists at 9.1 % and will not change. The change is the redefinition of the roof. The hardcover exists at 31% in the 75 -250' zone. The applicant proposes removals in the driveway resulting in an island effect and a reduction of 217 s.f. to 30.25 %. Structural coverage would increase from 7.7% to 8.0 %. 16 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 (#9 - #2164 Douglas Olson - Continued) Stoddard noted that the driveway is used to serve others. Gaffron said the calculations do not include the area of driveway easements. Michels reported that the roof pitch was changing from a gabled to a hip roof. The roof would slope away even with the increased height and would result in being lower as it starts lower. Lindquist noted that the Planning Commission has reviewed several proposals and asked if this proposal would actually move forward. Michels was not sure. He did note that this plan was more refined and scaled back in scope. The home would change in square footage by 30 %. Michels said they would like to begin construction soon. He noted the tradeoff of driveway with the addition of hardcover adding that there may be room for more removal. Lindquist commented that a major reduction has already been accomplished on the property. Stoddard said the applicant informed him of the removals made in the pool area already. He also commented that he was not concerned with the average lakeshore setback as this was a lot on a point. There were no public comments. • Stoddard moved, Hawn seconded, to approve Application #2164 as submitted. Vote: Ayes 5, Nays 1, Peterson, the principle of the average lakeshore setback. • ( #10) #2166 JANET KIERNAN, 1491 SHORELINE DRIVE - VARIANCES - PUBLIC HEARING 9 :15 -10:03 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present, along with Architect, Maureen Stratton, and Attorney, Allen Christy. Gaffron passed out the neighborhood acknowledgment forms recently received expressing approval of the application. Gaffron reported that the application request is for lakeshore setback, average lakeshore setback, side setback, and hardcover variances for both the 0 -75' and 75 -250' setbacks for construction of additions to the existing residence. A street setback variance is also required for expansion of the existing detached garage. The driveway will be relocated. The garage is located on a triangular piece of property of which the ownership background has been unclear. 17 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( #10 - #2166 Janet Kiernan - Continued) Kiernan said the abstract refers to the triangular piece as a part of the old road bed. The past owner applied for ownership of said parcel which had been condemned. Real estate attorney Christy informed the Planning Commission of the background of the parcel and the tracking of documentation to ownership to Kiernan. These documents were provided to Gaffron. Gaffron reported there are several factors requiring variances for this proposed construction including the large driveway, the addition encroaching the 75' setback and average lakeshore setback, and the issue of location of neighboring homes related to this property. The average lakeshore setback line is technically located through the middle of the house, although from a practical standpoint, there is no view to disrupt. The changes to the roof lines and existing rooms in house are partially located within the 0 -75' and within the required 30' side setback. The change is mainly in the roof line and not in structure. The hardcover in the 0 -75' setback is proposed at 6% with removal of a fireplace, patio, and sidewalk and addition of a semi - circular patio area. The proposal results in a net reduction of 54 s.f. Gaffron questioned whether a further reduction could be made. The applicants propose a 75 -250' setback area reduction from 27.5% to 26.8 %; however, the • reduction is a result of taking less than 100% credit for the proposed "grass pavers ". Gaffron noted that no application using grass pavers has been followed through in Orono. Once grass pavers are driven on, they are considered hardcover. Gaffron asked the Commission to consider whether this reduction should be credited. Gaffron reported other changes to hardcover. A major portion of the driveway next to the house will be removed. The driveway will be relocated to the side of the garage providing a safer access. Dave Zetterstrom of Hennepin County said the new location was an excellent site. This would add hardcover, however, next to the neighbor's serpentine wall. It also presents concern for drainage. The survey shows the garage addition would be located at a 10.7' street setback with the addition of two stalls. The code requires a 15' setback for a garage such as this that exceeds 750 s.f.. Gaffron said options include reducing the proposal down to three stalls or offsetting the garage to the east. Kiernan said the property is in need of major renovation. Her goal is to improve the property, and she is willing to make compromises. 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 • ( #10 - #2166 Janet Kiernan - Continued) Peterson inquired about the number of bedrooms with the current septic site. Kiernan said the 4 bedrooms are more than adequate, and she would not use the recreation room as a bedroom. Gaffron informed Lindquist that the septic system was in conformance and functioning correctly. It might, however, be too small for the number of bedrooms. There had been a guess on the percolation rate when the system was originally built. Gaffron noted that the property is in one of the designated "hot spots" for sewering. Stoddard commented that the proposal was a great improvement to the property. He questioned the size of the terrace and its use. He also voiced concern with the location of the garage addition proposed at a 10' setback noting the steepness of the road at that point. He asked the applicant to consider bringing the garage addition back in on the property. Lindquist asked if Kiernan would consider scaling the garage back to a 3 -car garage. Kiernan said she would prefer to do an offset by bringing it forward. Gaffron said a 4 -1/2' offset is needed to meet the 15' setback as long as the garage is kept less than 1000 s.f. Kiernan said she would keep the garage size within the 1000 s.f. Lindquist asked about a reduction to the patio area located in the 0 -75' zone. Lindquist • informed Smith that there was only the patio in which to reduce the hardcover in this zone. Stratton said they would be willing to reduce the size of the patio and asked for direction. Lindquist said, ideally, the patio would not exist. Stratton responded with the access to the lake, the patio could not be completely eliminated. She noted that the stairs has been taken out. Lindquist said he would recommend extending the patio no further than what now exists. • Stoddard asked about the columns being proposed. Stratton said they were within the footprint and were taking out walls. Kiernan informed the Commission that a sidewalk was removed and another set of stairs on the other side of the house was also being removed. Mayor Callahan asked where the sewer is proposed to be located on the property and neighborhood. Gaffron said it likely will cross the property. Callahan noted that there were drawings for both behind the house and along the lakeshore and consideration should be made for the two together. Gaffron said there is some flexibility on where it can go, and he would review it with Engineer Cook. Callahan asked that he also consider an easement if need be. Lindquist asked Kiernan if she understood what they were referring to, and she said she did. 19 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 • _ ( #10 - #2166 Janet Kiernan Continued) Stoddard asked where the City was regarding the County's planned improvements to CoRd 15. Callahan said it was in a state of active consideration noting the different viewpoints taken amongst Council members. Lindquist asked for the size of the patio to be considered. Kiernan asked that it be large enough to accommodate a table and chairs. Stratton said it is currently proposed at 24' across and 18' out from the house. Gaffron reviewed the hardcover in the 0 -75' setback and suggested cutting the size of the patio in half. Kiernan and Stratton agreed to limit the size of the patio to 240 s.f. Smith asked about the plan for the gazebo. Kiernan said she would like to do it in the future. The placement was unknown, but Kiernan was informed that it should not encroach the septic system drainfield. Hawn moved, Smith seconded, to approve Application #2166 with the following changes and conditions: The garage will be offset with a minimum of 15' setback from CoRd 15. The patio will be reduced in size to 240 s.f. The property will not be allowed to have more than 4 bedrooms until such time as sewering is complete. The Planning Commission advised that no more structural coverage would be allowed in the 0 -75' setback zone as • the property has reached its maximum limit. Gaffron noted that the change in hardcover in the 0 -75' setback would result in a 3.9% variance. He also informed the applicant that the drainage and grading plans and location . of the sewer would be required before the application would go before the Council. Gaffron said he would provide what information they had in- house, and this request should not hold back the proposal. • Vote: Ayes 5, Nays 1, Peterson, principle of average lakeshore setback, concern with trading a fireplace and minor landscaping for major structure in the 0 -75' setback, and noted the property was at the point of no additional structural coverage. ( #11) #2167 ALLEN AND JUDY SCHEFERS, "2540" CASCO POINT ROAD - VARIANCES - PUBLIC HEARING 10:03 -10:08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Loren Brueggemann. 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 • ( #11 - #2167 Allen and Judy Schefers - Continued) Gaffron noted the elusiveness of the application with the steady stream of changes made from the original proposal. He reported that the original house was planned within the flood plain and with the lowest floor level below the Regulatory Flood Protection Elevation (RFPE). The 75 -250' hardcover was also proposed at about 32% where only 25% is allowed. The lot is vacant, and a new house is now proposed for which there is no justification for hardcover variances. The house has now been raised to the required 935.5' elevation and out of the flood plain. With the changes to the location, the size of the house, and the driveway, the house now will meet the 25% hardcover. The only request remaining is for a CUP for fill importation in excess of 100 cubic yards. It would require 300 -400 cubic yards of fill for this proposal. Gaffron noted there is also no defined average lakeshore setback to meet as there is no house to the south. The house will be located some distance back from the 0 -75' setback. The hardcover in the 75 -250' setback is proposed at 24.97 %. Gaffron said the plan is realistic. He said the fill would require around 30 truck loads. Documentation by a survey showing hardcover calculations will be required. Peterson noted that the normal precautions would be required regarding fill such as road clean up. • Smith moved, Lindquist seconded, to approve the request for a CUP for fill in excess of 100 cubic yards with the inclusion of a survey. Vote: Ayes 5, Nays 0. Hawn was absent from the vote. • PLANNING COMMISSION COMMENTS ( #12) REPORT OF PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF AUGUST 12, 1996 No report was given. ( #13) PLANNING COMMISSION APPROVAL OF MINUTES OF THE JULY 22, 1996 MEETING Lindquist moved, Peterson seconded, to approve the Minutes of the Planning Commission Meeting of July 22, 1996. Vote: Ayes 5, Nays 0. Hawn was not present for the vote. ( #14) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE COUNCIL MEETING OF SEPTEMBER 9, 1996 Stoddard will attend the September 9, 1996 meeting of the Council. 21 • l�J u • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 ( #15) OTHER ISSUES FOR DISCUSSION Peterson reported that he has tendered his resignation effective immediately due to a job relocation. He extended his appreciation for the support he has received. Callahan informed Peterson that he was sorry to see him go and thanked him for his service. ADJOURNMENT Lindquist adjourned the meeting at 10:10 p.m. 22