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HomeMy WebLinkAbout11-18-1996 Planning Commission Minutes• ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 18, 1996 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Janice Berg, Elizabeth Hawn, William Stoddard, Lili McMillan, and Sandra Smith, who arrived late in the meeting. Charles Schroeder was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan and Council Members Goetten and Jabbour were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS ( #1) A. #2197 JOHN O'SULLIVAN AND NORTH CENTRAL CBA, INC., 2384 SHADYWOOD ROAD - STREET VACATION 7:30 -8:18 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant, John O'Sullivan, was present along with contractor, Rob Thompson. Gaffron passed out additional letters received regarding this application. He reported that the application was to complete the vacation of Navarre Lane that begun last spring with • the vacation of a 33' portion adjacent to the Culver's Restaurant site. Now under consideration is the remaining 33' and area to the north to Olive Avenue. He noted that when the original vacation was being considered, the Council asked Staff to have the applicant consider a possible trail. A portion of the grading plan was approved with the prior vacation. Gaffron reviewed the code and State statutes that relate to a vacation. The findings required to be met for the vacation include the following: 1) The vacation is to be in keeping with the public interest, 2) the vacation cannot affect the access to or use of any adjoining property, 3) the City is not and does not intend to develop, improve or use the dedicated right -of -way as a road except for utilities and access purposes, and 4) the unimproved dedicated right -of -way as it exists serves no public purpose. Gaffron reported that Staff has identified five public purposes served by the existing right - of -way proposed to be vacated: 1) City sewer lines, 2) City water lines, 3) US West telephone lines, 4) Minnegasco gas lines, and 5) potential pedestrian/bike access between Olive Avenue and the County Road 1.5/19 intersection. Gaffron noted that the first four purposes could be served through an easement. A letter from Minnegasco stated they were willing to allow the vacation with an easement for the utility. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #iA - #2197 John O'Sullivan and North Central CBA - Continued) Gaffron indicated that the public purpose of a trail is a harder issue to resolve. He noted that the applicant has suggested a trail around the north end of the property between Olive Avenue and Shadywood Road. The Park Commission reviewed the situation at their last meeting and concluded that the best option for a trail would be to come down Navarre Lane. This option on the east side between the two parking lots would best serve the residential area. The Park Commission suggested the trail be along the pond but Gaffron noted that the applicant is still working with the MCWD to determine the size of the pond. One concern for the trail location is a large drop in grade which would require a ramp to be bike friendly. This would involve adding a large amount of fill. Another option according to Gaffron would be to depress the trail. The suggestion to bring the trail around the pond and in the existing Navarre Lane right -of -way is a result of a concern about bringing bike traffic across two traffic access points in the northerly trail proposal, plus a concern about outletting at an uncontrolled location. The Park Commission did not come to a conclusion on who would be required to pay for the trail improvement. Their main concern was for access from the neighborhood. They questioned whether the property should be vacated and an easement established or if Navarre Lane should be maintained for the trail. It was noted that if the entire right-of- way was vacated, the chance for a trail would be lost. Gaffron reviewed the specific impacts on the applicant's site plan by a trail located between the two parking lots. The Phase 2 site plan would shift northward 10 -12'. The landscaping between the two parking lots would be more difficult to establish. Lighting placement between the two parking lots would also be more difficult. The creation of a sloping ramp down to Navarre Lane for bicycles would require some fill and may require a slope that would affect the use of the remaining portions of right -of -way that applicant hopes to use for stormwater ponding purposes. Gaffron reviewed the impacts on the general site plan if the vacation was approved or if no vacation occurred. If the vacation occurs, the applicant will gain ownership of the right - of -way and could connect the parking lot for the bank building to the restaurant parking lot providing for traffic movement between the two sites and additional parking spaces. If the vacation is not approved, the additional space would be lost for parking and a 10' yard requirement for side yard adjacent to a street must be maintained. Stormwater ponding capability also would be decreased if the vacation was not completed. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 •( #lA - #2197 John O'Sullivan and North Central CBA - Continued) McMillan inquired about the use of the sidewalk along CoRd 19. Gaffron stated that the sidewalk leads up to the northerly corner of the church property. McMillan indicated that the sidewalk was inadequate for use as a trail. Gaffron explained that the right -of -way on CoRd 19 would likely not allow for a trail. If parking was allowed within 5' of the lot line instead of the required 20', there would also not be room for a trail without the loss of green space. The rectangular area of right -of -way owned by the County is needed for potential expansion for a future turn lane and would tie into the site plan under agenda item #2. When asked for comments, O'Sullivan told the Commission that the City had encouraged the vacation of Navarre Lane as it had been part of the City's plan to do so. The proposed vacation had been integrated into the site plan for the improvements. Now without the vacation, O'Sullivan said he has had to down size the buildings nearly 20% and is at the point of economically being unable to reduce further. O'Sullivan reported he has seen little pedestrian traffic on Navarre Lane over the two years he has owned the property. He believes alot of homes will naturally follow the flow of the upper road resulting in his Olive Avenue trail proposal. He noted that the Olive Avenue trail would lead to the City's existing park. He also indicated he had received no objection • to the trail as he proposed at the public meeting. The vertical drop by the rear parking area was also said to be a problem according to O'Sullivan. He is concerned with having to begin back at Olive Avenue to begin the ramp. He also feels there will be an impact on the wetlands as well as the aesthetics. He noted if the turnaround proposed by Hennepin County is completed, the trail on Navarre Lane would dump out into the turn lane. He believes the lowest traffic incident area would be at Olive and CoRd 19. Gaffron reminded the Commission that the trail proposals are conceptual in nature at this point. McMillan questioned if it was the intent of O'Sullivan to bring the Olive Avenue trail onto his property as it is now shown in the center of the street. O'Sullivan said the trail could parallel Olive and could also be reduced in grade with the addition of more green space. Lindquist inquired how wide the sidewalk is along CoRd 19. Gaffi-on said it appeared to be 6' wide. Lindquist asked if any consideration had been given to enlarging the sidewalk to 8'. O'Sullivan said it would be an option but he has not addressed it. The proposed trail is conceptually planned to end at CoRd 19 at the sidewalk. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 •( #lA - #2197 John O'Sullivan and North Central CBA - Continued) Hawn responded to the lack of pedestrian use of Navarre Lane up to this point. She noted that with the building of Culver's and the other improvements, there will be a new destination to which people will travel changing the old traffic patterns. With the intense use and new traffic generated from an untended direction, Hawn said she would like to see the access developed through the middle via Navarre Lane. Stoddard indicated his support for the vacation and being amiable to allowing an easement. He would like to see the Engineer review the site and designate the best placement of the trail. He also asked to hear from the Park Commission. John Ericson, 1620 Shadywood, stated he would like to see a trail come through Navarre Lane. He did not feel it had to be wide but of a reasonable width to allow walking and bicycle riding. He felt an easement was a viable option. Park Commissioner McDermott said the housing in the area does not address all of the people who would be affected by a trail. He noted the sidewalk along CoRd 15 towards Minnetonka Beach would be a draw for people to the area. He feels it would be safer to come up around and down Navarre Lane to CoRds 19 and 15. He indicated if Navarre Lane were to be vacated, a portion of it would go to the Lafayette Ridge Homeowners • Association for their use or disposal. He noted that another possibility if the vacation did not occur would be to swing the trail over to allow the pond to expand. McDermott reported that the Olive Avenue trail is shown in the center of Olive Avenue, which he said is narrow and in poor condition. He did note that people could access the park if the trail went along Olive but pedestrian and bikes would tend to cross without the aid of a traffic light which he did not favor. He saw the use of Navarre Lane as less hazardous. McDermott said he was unaware of the possibility of recessing the trail but thought it may be a good concept. McDermott said the Park Commission would like to see the access maintained and is in favor of the center access for a trail along Navarre Lane. O'Sullivan referred to a comment made to him by his contractor, Rob Thompson, of the Navarre Lane trail would make too much of a thoroughfare. O'Sullivan does not believe it would be heavily used. He suggested the possibility of a pedestrian staircase at the back of the parking lot along with the use of a trail along Olive Avenue. Stoddard responded that the Engineer would have to review the needs for a handicap access. Thompson questioned if such a trail could meet the code. Gaffron noted if the required slopes were 1:10 or 1:20, it would be difficult. O'Sullivan indicated there were alot of unanswered questions. He asked that a vote be taken for the vacation with the qualification of a trail. Lindquist said he understood the time constraints but would like to hear from the Park Commission regarding a partial vacation. He questioned if the vacation was completed, what would happen to the portion • designated to the Lafayette Ridge neighborhood. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #IA - #2197 John O'Sullivan and North Central CBA - Continued) McMillan inquired when the determination would be made about the stormwater pond size. Gafffron said it had originally been done but the City plan did not meet the requirements of the MCWD. At this point, the proposed pond is only larger enough to accommodate phase 1 of the project. Gaffron said discussions are ongoing. Lindquist inquired when it would be resolved. Gaffron said the issue of the vacation is part of the pond resolution. O'Sullivan noted that he is still working with the church on the closure of the sale of the property and has had three time extensions on the proposed purchase. He thought he would be able to complete the vacation and conceptual site plan by this time. Mabusth asked for review of the restrictions. Gaffron reported the following conditions have been recommended by Staff: 1) The applicants shall legally combine the vacated portions of right -of -way with their respective properties. This includes O'Sullivan and Lafayette Ridge Homeowners Association. 2) All property owners benefiting from the proposed vacation shall be responsible for executing the appropriate drainage, utility, access and pedestrian/bike trail easements over the portions of right -of -way to be vacated. The easements shall be filed at the time the vacation resolution is filed by the City Attorney's office. 3) As part of the applicant's Phase 2 site planning, namely the church • property, a trail corridor shall be reserved at a location acceptable to the City, which is currently open to where it shall be located. 4) As part of the development of the church site, the applicant shall submit a trail grading and construction plan to be approved by the Park Commission and City Engineer, and shall grade the site accordingly to accommodate future pavement of a trail. It has not yet been decided to what extent the applicant will construct the trail. C� Stoddard questioned whether conditions 3 and 4 could be combined. Gaffron said the options could be laid out but not become definitive without the Council's input. Berg asked McDermott where the trail would begin. It was noted that the trail would stop at CoRd 15 and people would use the roadway along CoRd 15. There are no plans for a formal trail along CoRd 15. Feeder streets would be used. Thompson reported that the site was maximized in its use. A shift of buildings to the northeast would create more hardcover in the zones. He saw the trail creating a domino effect on the site. He felt the best compromise would be a trail along the perimeter to eliminate further compromising and intensification of what is now a borderline site. He cited the problem with having a stormwater pond on site instead of allowing a contribution. 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #IA - #2197 John O'Sullivan and North Central CBA - Continued) Berg, while understanding his concern, said she felt there were other issues to be addressed with the Olive trail being proposed in the center of the street and requiring pedestrians to cross traffic. McDermott said the Park Commission did address the space issue. They felt the 6' walking path would be eliminated along the north end of the site allowing the parking lot to be moved over along with the buildings creating the necessary space for the trail along Navarre Lane without further compromising of the buildings. Thompson indicated that a parking variance would then be required. Gaffron noted that a 10' setback was required. Lindquist said he was generally in favor of the vacation but the problem lies with the location of the trail. He thought the trail location could be worked out with the applicant and City Staff. O'Sullivan responded that he would be satisfied with that recommendation. Gaffron said it would be satisfactory to have a conditional easement with the applicant working with Staff and City Engineer on the location of the trail. He did note that the vacation itself may not accomplish all the applicant desires. Thompson asked for further clarification before the Council meeting. Gaffron noted it would be best to have the options available for the Council meeting in December. Lindquist moved, McMillan seconded, to approve Application #2197 for vacation subject to Recommendations 1 -4 with applicant being responsible for the trail grading under 94. Vote: Ayes 5, Nays 0. ( 0) B. #2198 JOHN O'SULLIVAN AND NORTH CENTRAL CBA, INC., 2380 SHADYWOOD ROAD - COMMERCIAL SITE PLAN REVIEWNARIANCES - PUBLIC HEARING 8:18 -8:31 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the site plan was incomplete at this time. He felt it would be best to table the application to the January meeting until the supplemental information was obtained. He did ask the Planning Commission to discuss the four variances required. These include hardcover, lot coverage, front parking setback, and building height. The northerly 1/3 of the property located in the 500 -1000' setback zone allows for 35% hardcover and is proposed at 48 %. the southerly 1/8 of the 500 -1000' setback allows 35% and is proposed at 73 %. The lot coverage has been scaled down and a variance may not be required. The proposed front parking setback along CoRd 19 is at 4.6' where 20' is required in the B -5 zoning district. The applicant has indicated the need for a building height variance but no plan or site grade has been submitted. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( 91B - 92198 John O'Sullivan and North Central CBA - Continued) Berg inquired if the parking setback was from the sidewalk. Gaffron said there would be a 4' green space. The sidewalk is located into the right -of -way. Normally there would be a 20' yard in other uses. McMillan asked where the stormwater would go. Gaffron said it would travel from the Culver's site to the pond. It has been determined that the pond as proposed will not meet the standards to serve both Phase I and Phase II. The runoff travels from the site to the wetland areas and on to Lafayette Bay. Lindquist inquired whether the hardcover calculations were fairly accurate. O'Sullivan . said they were with the possibility of a slight reduction. Lindquist inquired about the proposed height of the building. Thompson estimated with the modification to a smaller footprint and to achieve the look they desire, the peak would encroach 5' beyond the 30' restriction. It was noted that it would be lower than what the church currently in height. Mabusth asked if there would be filling from the existing site to maintain the pad. Thompson said only a little fill would be required. •Thompson noted that the hardcover overages in the two zones were to the outside perimeter. He noted that the intent of the hardcover is to eliminate direct runoff. The area does not drain to the two bays that define the hardcover zones and the pond will serve as best as allowed. He did not feel the 500 -1000' zoning restrictions applied since the runoff does not drain to those portions of the lake. Lindquist agreed but only if the pond was large enough. is Lindquist said he saw no concern with the height as proposed. He felt the 4' parking setback was too excessive. He noted the hardcover would be dependent on the pond. Hawn and McMillan agreed. 7 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #IB - #2198 John O'Sullivan and North Central CBA - Continued) Thompson said the only way to reduce hardcover was with the parking variance. Lindquist saw less parking with more pond as a better option but was unable to render a judgment without further information on the pond and how it will work. He asked that detailed information be provided when the application is next reviewed. O'Sullivan inquired if the runoff with the pond and flowing to outlot C was not in the 500 -1000' setback. Lindquist said the Commission would have to look at the whole area and would require the study of the City Engineer. Thompson reiterated that the pond would not accommodate the development of both sites. He noted they were working with the MCWD regarding the pond and a possible monetary contribution for the deficiency. Lindquist asked that the applicant continue working with the MCWD and Staff. O'Sullivan also added that the parking setback is no different than what is currently happening on his other site now. O'Sullivan noted that there is a good area in which to enhance the green space and will work with the County. Lindquist agreed that it would be better to provide more green space. Lindquist moved, Hawn seconded, to table Application #2198 to the January meeting of the Planning Commission. Vote: Ayes 5, Nays 0. ACTION ITEMS • #2 #2180 PEGGY AND FRANK PICHELMAN 2920 A - ( ) C SCO POINT ROAD VARIANCES - CONTINUATION OF PUBLIC HEARING 7:00 -7:29 P.M. The applicants were present. Mabusth indicated that this application was tabled at the last Planning Commission meeting to allow for further review. The plan includes two options regarding placement of the 24x'24' garage addition to the street side. Option 1 proposes the doors to face outward 8' from the lot line. Option 2 would include the driveway over the street yard. Additions proposed to the rear include a level expansion and grade level deck. These improvements meet the average lakeshore setback. Mabusth reported that the neighbors are concerned with an expansion within the street yard inconsistent with other homes in the neighborhood. The applicant was asked to work with the neighbors in revisiting the proposed plan. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #2 - #2180 Peggy and Frank Pichelman - Continued) The amended plan locates all improvements within the legal building envelope of the property. All structures meet the required setbacks. A tuck -under garage meets the 30' setback. The 4' expansion along the side of the residence meets the 10' side setback. A structural expansion 12'x20' is proposed along the lake side corner of the residence. The 3 level expansion is proposed at 16'x20' and 12'x15'. Structural and hardcover variances would be required. There is a reduction in structural coverage from the original proposal of 18.4% to 17.1 %. There is a significant hardcover increase at 41% for a 15.8% variance. The hardcover in the 75 -250' setback area in the original proposal was at 36.7% for option 1 and 39.6% for option 2. The existing structural hardcover is 33.4 %. The amended plan will result in the removal of the structure while maintaining the walls., Mabusth indicated that the proposal is nearly a rebuild by the redesign within the building envelope. Mabusth alluded to a letter from the neighbors, the Powell's, regarding their concerns with the improvements. The applicant stated that they attempted to answer the questions brought forward by the neighbors to meet the setbacks. This resulted in the garage being pulled back into the house envelope. During public comments, Robert Powell, 2916 Casco Point Road, questioned the effect on • runoff with the ground cover. He noted that water comes into their basement after rainfall. Powell said he was satisfied with the design if it does not negatively affect the drainage situation in the area. • Lindquist inquired if this issue was addressed. Pichelman said he did not wish for water in his basement either. It was noted that drain tile would be added to assist the Pichelman's drainage. Mabusth said the drainage issue will be reviewed by the City Engineer. Lindquist asked that the condition be added to include the City Engineer review of this drainage issue. Mrs. Powell reported that the contractor did review the drainage issue. The design is such that runoff will be taken around the front of their home and downward towards the lake so as not to trap water anywhere. The lower level ground is level. McMillan asked if gutters would be placed on the new structure and instructed the residents to ensure that the property is properly sloped. Pichelman reported that both the existing home and new structure will have gutters. He added they are attempting to solve the problem of drainage between the two homes. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #2 - #2180 Peggy and Frank Pichelman - Continued) Hawn indicated her concern with the amount of hardcover at 41 %. Mrs. Pichelman said hardcover was addressed with the first proposal but that proposal was not favored by the neighbors. With the garage being tucked into the home, hardcover was affected by the need to enlarge the building envelope to accommodate the needs of the family. Hawn asked if the shed on the property could be removed. It was noted that there is no permanent shed, only a portable fish house. Hawn inquired about ideas where reductions could be made. Stoddard noted the small lot size. Without a floor plan, Stoddard said he was unable to visualize where reductions could be made. He did indicate that the house was large for the lot. Mrs. Pichelman said their response to the neighbors resulted in the hardcover change. The 30' driveway is no longer covered by garage adding to the hardcover. Pichelman noted the rest of the home was using the same foundation except for the addition to the rear. McMillan countered that the addition was now larger. Mabusth superimposed the two proposals noting the differing expansion areas. Mrs. Pichelman stated the kitchen was pushed out as a result of the garage being pulled in. Mabusth noted that the expansions are for a family room and kitchen area. McMillan asked if the applicants were attempting • to maintain the same amount of living space. Pichelman said the proposal is actually less. Mr. Pichelman explained the process the plans have gone through in looking at hardcover and setbacks. He noted that a one car garage would not be consistent with the amenities • provided within the home. Stoddard suggested a possible reduction in deck size. Mabusth inquired if a reduction could be made to the proposed expansions. Stoddard inquired what the hardcover calculations were for the neighboring homes in general. Mabusth same there is about 33- 35% hardcover typically found in this neighborhood. She did note that the long driveway adds 640 s.f of hardcover. The property was noted by Lindquist to be about 14,000 s.f in size. Hawn voiced concern with. repeating a problem consistently found in the Casco Point neighborhood of homes being purchased and then adding improvements. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 •(#2 - #2180 Peggy and Frank Pichelman - Continued) Lindquist suggested an outer limit be established for hardcover. He said he is not comfortable setting a precedent of allowing 41% hardcover. Stoddard agreed asking that hardcover be maintained in the 30% range. The Planning Commission set a upper limit of 35 -36% hardcover. Pichelman noted that the structural coverage was reduced by the amended plan from 18% to 17.1 %. Mabusth noted the different hardcover calculations that exist and that were proposed. The Pichelmans indicated with a hardcover range, they could work with their plan to decrease the size while still meeting the setbacks. Berg suggested 38 -39 %. Mabusth asked that the applicant prepare an amended plan with reduction in hardcover in the 75 -250' setback. Stoddard moved, Berg seconded, to approve Application #2180 contingent on receipt of an amended plan received by Staff prior to the Council review with hardcover maintained at 38 -39% in the 75 -250' setback zone. Vote: Ayes 5, Nays 0. (Planning Commissioner Stoddard left the meeting after agenda items I and 2.) ( 0) #2187 DONALD AND ROBIN HELGAGER, 3265 SIXTH AVENUE NORTH - VARIANCES /CONDITIONAL USE PERMIT - PUBLIC HEARING 8:32 -8:54 P. • ThMeAffidavit of Publication and Certificate of Mailin g were noted. The Applicant was present along with Architect, Neil Heupel. Gaffron reported that the applicant received approval in June, 1996, for removal of a garage and construction of an attached garage to the residence within 5' of the side lot line. The addition was not constructed, and the applicant is now requesting approval of another application. Gaffron noted that the property in question is located on Lake Classen, a Natural Environment Lake, requiring a 150' setback. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 • _ ( #3 - #2187 Donald and Robin Helgager Continued) • The current proposal calls for the removal of the garage, one small addition, and another large addition to the west side of the residence. The proposal would result in a 32' encroachment in the right -of -way, a 24' encroachment of the lakeshore setback, a 5' side setback variance, and encroachment of the average lakeshore setback. The neighboring residence to the east would define the average lakeshore setback. The encroachment of the right -of -way is considered extreme in comparison to any other properties on CoRd 6. The lakeshore setback is similar to what was proposed with the original application but with added bulk. Gaff -ron noted that the east side setback variance was approved in June with the finding that it would be difficult to build to the west. Yet this proposal calls for the addition to be to the west of the residence. Also included in the improvement is a proposed guest apartment to accommodate a mother -in -law living at the residence, which requires a CUP. The proposed constructions appears to have addressed the specific issues of being within the principal residence structure, use for a relative, and a single common entryway serving the entire structure with the exception of additional accesses to the decks and garage spaces. Parking will be provided by a two -stall garage on the east end of the house replacing the existing garage and a third separate stall at the northwest end of the house to serve the apartment use. The plumbing will share the existing septic system installed in 1988 to serve a 4- bedroom home. The residence will still have 4 bedrooms but will be larger in size. The septic inspector has reported that there is apparently no alternate drainfield site on the property. Borings were taken but no alternate site was found. Helgager reported that their plans were changed after receiving approval for the initial proposal in June due to his mother -in -law's plans to move into their residence. This proposal is an attempt to accommodate her and her needs. Helgager noted that a single level home is desirable as she is getting older. He understands that the home is close to the road and would like to accommodate the concerns for screening. He noted the building envelope to be about 1800 s.f. Helgager indicated that the current home would not meet the setback standards. He said he attempted to balance the distance between the lake and the roadway after hearing the discussions from the previous proposal. Heupel addressed the issue of building to the west of the addition. He noted that the problem was not being able to build to the west but the approach to the garage would have required changing, and it had been their desire to maintain the approach from CoRd 6. Hawn said she felt with sophisticated landscaping and removal of fence and dead trees, evergreens and other screening could be done. She did feel the residence was too close to the well noting a 2' separation where 3' is required. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #3 - #2187 Donald and Robin Helgager - Continued) Lindquist asked the applicant if the garage on the front side of the house was necessary. Helgager said the intent was to provide a garage for his mother -in -law so she does not have to walk through the entire house to gain access to her accommodations. Heupel also added that this garage addition would be at the same level as the slab and would not require stairs as would be the case with the other garage. Lindquist said he understood the need but noted the elimination of the garage would aid the problem of setback. There were no public comments. McMillan asked if the conditional use permit for guest house would be reviewed periodically. It was noted that the CUP requires no annual review and stays with the house with restrictions as required. Gaffron reported that if the Commission recommended periodical reviews, it could be written to only apply to this owner, if desired. Lindquist inquired about the lack of alternate septic site. Gaffron reported that the property is not close to sewer and the problem would remain the same with the number of bedrooms if there is no alternate site. Lindquist agreed but noted that the house size was doubling with the improvements as proposed. a se er Helgager P P responded that he understood the tic issue but saw it as a distance in the future with the ability to go to a mound system if necessary. Helgager added that he was informed the life expectancy of a mound system is 15 years and could be replaced to an alternate site postponing replacement for 30 years. Lindquist was concerned that the potential problem would only be prolonged. Gaffron said it was not the City's experience that a mound system would only last 15 years, but probably twice that time. He noted the pump or rock bed of the system may have to be replaced at some point. Gaffron reported that the vast majority of new systems were of the mound type due to the soils and seasonal water tables. A maximum slope of 6% is required for a mound system which is a problem with the many steep lots in Orono. Lindquist asked if the applicant could make the home smaller in size. Helgager asked for some guideline. Berg asked and received confirmation that there would be a full basement under the residence. Noting the 2200 s.f on the main level, Berg said it is an extensive size considering having the main level and basement. Hawn suggested that the home not be extended forward of what currently exists. Lindquist suggested removal of the single garage addition and a reduction in the house size. 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #3 - #2187 Donald and Robin Helgager - Continued) Berg suggested moving the garage back to the line of the house. She said she would be in support of the garage if it was moved and saw the garage location as the most logical site. This suggestion would result in a reduction in the footprint and attachment of the garage at the same side as proposed. Lindquist moved, Berg seconded, to table Application #2187 for further review. Vote: Ayes 4, Nays 0. (#4) #2188 MARY K. RICE, 1570 NORTH ARM DRIVE - VARIANCES - PUBLIC HEARING 8:54 -8:59 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Mabusth indicated that the property is located along the "S" curve of North Arm Drive and consists of 6,883 s.f. The application presents two options involving an attached single stall garage with upper level deck (Option 1) or a detached garage located in the south side yard (Option 2). Both options involve street setback variances of 2' or 3'. • Structural coverage would not be exceeded by either option. Hardcover within the 250- 500' setback area would increase from 23.9% to either 25.6% for Option 1 or 30% for Option 2. A 10'x16' deck also exists along the south side of the residence. Mabusth noted that Staff prefers Option 1 as the topography slopes to the east and would have the minimal impact on areas of existing plantings. The applicant said Option 1 was also her preference. There were no public comments. Hawn inquired as to how the residence was entered. Rice said the residence can be entered from either the deck or the basement. Mabusth noted that the access to the front of the residence was removed. Berg moved, McMillan seconded, to approve Application #2188, Option 1, for a 2' street setback variance. Vote: Ayes 4, Nays 0. ( #5) #2189 STONEGATE FARM, INC., 2940 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - PUBLIC HEARING - APPLICANT WITHDRAWN The applicant withdrew this application prior to the meeting. 14 • MINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD ON NOVEMBER 18, 1936 ( #6) #2191 WALTER AND SHARON W.ITTMER, 2780 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING 9:00 -9:07 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Mabusth reported that the property is located near the Narrows. The residence is served by a two stall attached garage. The applicant seeks to construct a single stall, 12'x24', two level addition. Mabusth displayed the elevations and noted a tuck under garage located to the lake side. The only variance required is for hardcover. The setbacks requirements are met. The previous owners originally proposed a variance application. The property is Torrens, and the County refused to accept the variance of which the new owner was unaware. Mabusth indicated that the landscaped areas have been expanded to 980 s.f within the 75- 250' setback as well as new landscaping in the 0 -75' setback. During the previous application review, it was found that the underliner had deteriorated to the point that it was not considered hardcover. There are now retaining stone walls and new underliner in place. The hardcover includes 953 s.f in the 0 -75' setback. There is 31.4% hardcover in the 75 -250' setback and is proposed at 31.3 %. In speaking with the architect regarding possible reductions in hardcover, Mabusth informed him that it would not be wise to remove the paving improvement in the road as it serves others and is in an area with steep grades. She also suggested that no reduction be made in the turning radius in the principal driveway. To effect a reduction in hardcover, Mabusth suggested that the underliner be removed as long as it does not affect drainage. Mabusth noted that the structural coverage is proposed at 9 %. The applicant informed the Commission that the underliner was in place at the time of purchase. He feels there is no drainage problem on the property and will remove the underliner if necessary. Mabusth informed the Commission that the 953 s.f of landscape with underliner of geotech and plastic would reduce the hardcover to 25.2% or possibly to the point where no hardcover variance is required. There were no public comments. Hawn moved, McMillan seconded, to approve Application #2191 for a hardcover variance with the condition that the underliner be removed from the landscaping. Vote: Ayes 4, Nays 0. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MELD ON NO VEM BEIC 18, 1996 • ( #7) #2192 ROBERT BEUTLER, 1331 NORTH ARM DRIVE - VARIANCES - PUBLIC HEARING 9:0 8-9:25 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Mabusth reported that the property is located on Forest Lake. The applicant seeks to construct a new residence lakeward on the property and will meet all required setbacks but will not meet the 140' lot width at the shoreline and at the 75' setback line. In addition, the applicant would like to keep the current principal structure as an accessory structure. It was noted that lakeshore lots are allowed accessory structures in the street yard. The accessory structure will be used for storage and as a workshop and office. The applicants would like to retain the bathroom. A restrict covenant would be required to be filed indicating that the structure would never be used as a second residence or as a guest house or rental property. The only issue raised is whether the applicant should be allowed to keep the structure as an expanded living space. The kitchen fixtures are to be removed but the plumbing would remain. Beutler said it was their intent to build on the property and would like to maintain some of the history of the property by retaining the current residence. He noted that the 3 -car • garage is fi 1, and the extra space would allow for additional storage. Hawn indicated that she was having difficulty with this application as the current residence is in good shape. Hawn noted that the code does not allow for additional living space when the property is less than two acres, but it was her opinion that the applicant would not abuse the code but was concerned if the property was sold at some point. She cited the space would be ideal for a use as a nanny's quarters, and it would be difficult to police what might occur in the future. Other members of the Commission agreed it would be a shame to take the house down. • Mrs. Beutler commented that she was aware of other such situations in Orono. Mabusth stated that the structure would not qualify for use as a guest house reiterating that the property was less than two acres in size. She asked the Commission to consider what dill, pregcp there may be between this application and another application reviewed at the October gieethig. . l' 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 • ( #7 - #2192 Robert Beutler - Continued) During the discussion, Mr. Beutler suggested restrictions be placed on the abstract and structure taken down if sold. Hawn questioned whether a structure in such good condition should be required to be removed. Mrs. Beutler noted that it was their intent to tie in the exteriors of the buildings to match. Berg suggested taking out the plumbing in the structure. Mr. Beutler intends to use the structure as office space but would not include any client visits. The main intent is for storage and work shop. Mrs. Beutler noted that neither structure would be large but were located on a large parcel. Hawn questioned how the Commission would respond if another application was presented in the future with a structure in poor condition. Hawn was of the opinion that the plumbing should remain if the building also remained. Lindquist asked if the applicants would be satisfied with the bathroom plumbing remain and the kitchen plumbing removed. The applicants indicated that they would find this satisfactory. Lindquist moved, McMillan seconded, to approve Application #2192 with the understanding that the plumbing would be removed with the exception of the sink and stool in the bathroom. • Hawn suggested the restrictive covenant be signed also. It was noted that the well will also serve the new residence. McMillan questioned whether the value of the property would be reduced by elimination of these plumbing fixtures. Hawn asked if a conditional use permit would be required. Mabusth said the only approval required was for the lot width variance and the restrictive covenant would be filed on the deed. Vote: Ayes 3, Nays 1, Hawn, who indicated that she did not feel the code was clear and questioned how another applicant would be dealt with under similar circumstances if the structure was not in good condition. ( #8) #.2193 MINNEHAHA CREEK WATERSHED DISTRICT, 4680/4700 CIREE)KWOO'D TRAIL - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:26 -9 :51 P.M. The Affidavit of Publication and Certificate of Mailing were noted. • The Applicant was represented by Tom Maple and Andrew Syverson. 17 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #8 - #2193 MCWD - Continued) Gaffron reported that the application for conditional use permit by the MCWD pertains to a project located northeast of the cul -de -sac of Creekwood Trail. The 100 acre wetland flows southward through Minnetrista to Jennings Bay. The LMCD petitioned the MCWD in 1975 to construct an upper watershed storage and retention project to improve the overall water quality. The MCWD completed such a project in 1985 including detention ponds and work on the channel. Maintenance excavation is now needed, and MCWD proposes to expand the boundaries of the South Katrina Pond and change the outlet which will change the nature of the flow. Syverson said the flow would be taken in at different velocities. Gaffron indicated there are existing easements for the stormwater pond and access to it. The MCWD plans to protect the wooded site and identified burial mounds. He indicated that the access point is proposed to be north of the two driveways. Gaffron suggested there may be another way to access the area for less impact on the drainage structure at the access point. The intent, however, is to bring equipment up the creek bed in order to expand the pond. A few trees may need removal but in the restricted area within 75' of the creek, tree replacement would be required for 6" or more diameter replaced with 2" or more diameter trees. • Gaffron stated that the location of the burial mounds to the north had already resulted in a redesign of the expansion to maintain appropriate setbacks. The 400 dump loads which will be leaving the site are also a concern. It is a private road, and the MCWD will work with the neighbors regarding this issue to gain their approval. • Gaffron indicated the project is planned to begin in January, 1997 and will require one month's time for completion. Due to the nature of the pond, more maintenance will be required in 5 -10 years. During the Staff review, it was also noted by MCWD that more work will be required down stream in the creek bed. Staff recommends approval of the proposed pond maintenance and expansion project subject to conditions 1 -10 as noted in the memo. The MCWD is working with Minnetrista and Independence to gain permits for spoil disposal sites in their area. Gaffron recommended an additional condition ( #11) be considered, to approve the proposal to clean out the creek bed subject to Staff review through a land alteration permit or brought back before the Commission if found to be more than a minor project. Maple said the MCWD was prepared to meet all of the conditions adding that they were also in favor of the tree replacement. Maple noted that they have had two public hearings and have worked with the fee owners of the site. 18 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #8 - #2193 MCWD - Continued) During public comment, Kathryn Biek, 4675 Creekwood Trail, questioned the additional work on the creek bed, specifically, condition #11. She indicated that this work has not been addressed. She questioned whether it would affect taking any of her land. Syverson informed her that the project would not require taking of any land but involves removing sediment. Biek asked how the creek would be accessed. Syverson said they would work with the land owner. Biek voiced concerned with destruction of the landscaping on her property. Maple indicated that the area was previously a ditch, and the MCWD has authority over the ditch. Lindquist asked if it is considered a County ditch and if there were any easements declaring it to be a County ditch. Gaffron reported that a 50' easement follows the center of the creek bed. He indicated the major concern will be how access is gained without affecting the land owner's property. (Planning Commissioner Smith arrived at this time.) Sharon Coleman, 4650 Creekwood Trail, indicated that her property and Biek's meets halfway through the creek, but she is aware of an existing easement. She asked for public notice to be given if condition #I I precludes the notice. Maple said the procedure is to • notify any land owner that is affected. Gaffron indicated that condition #11 was an "after thought" resulting from discussions that took place in review of the proposal earlier today. It was suggested the new condition be added rather than review the creek bed cleanup as a separate issue. It was noted that the clean out may be as simple as cleaning out the sediment. Maple said he found it acceptable to add the condition. Berg informed Coleman and Biek that they would be notified of any public hearing. Lindquist informed Coleman and Biek of their right to attend a public hearing and voice their concerns. Biek informed the Commission that the runoff drains into her yard. Gaffron indicated with the questions being raised that Condition #11 should not be included at this time. Maple agreed. 19 C7 r� • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #8 - #2193 MCWD - Continued) McMillan asked what type of wetland was involved in the application. Syverson said the wetland was DNR classified type 3. McMillan asked if there was any purple loose strife found in the wetland. Syverson said he was not aware of any but did understand the need to monitor the situation. McMillan asked about the shape of the pond. Syverson said the shape was drawn to fill the easement and maximize the storage. The plan calls for a break in the grade and planting of emergent vegetation. A wetland specialist will assist in the landscape plan. Maple indicated MCWD had a working relationship with the Landscape Arboretum. McMillan asked if the MCWD had any idea where the phosphorus was coming from. Syverson said it was a non -point source. Runoff was noted to be a contributing factor. McMillan noted the need to educate the land owners regarding this issue. Maple said phosphorus is a major concern of the MCWD noting animal and vegetation loading is heavy. Coleman voiced a concern with problem of back up in the area of the private road. She asked that coverings or grates be placed to alleviate clogging from logs. Syverson said the clogging issues have been addressed but there is a problem with two culverts under two driveways. He thought the City maintained the culverts but said the MCWD could look at screening. Bick asked who was responsible. Lindquist noted the road is private and the upkeep is the responsibility of the property owners. Smith asked what communication has taken place between the neighbors and the MCWD. Syverson said he has spoken with the two land owners affected by the application. Smith suggested the notification process be broadened. McMillan noted the project included hauling on a private road implying the property owners using the road should be notified. Coleman indicated that she was notified of the hauling. Maple noted that there has been no decision made by the board of the MCWD to do work down stream of the driveways at this time. Lindquist moved, Hawn seconded, to approve Application #2193 with Staff recommendations 1 -10. Vote: Ayes 5, Nays 0. ( #9) #2194 DAVID ALAN SUTHERLAND, 1365 ARBOR STREET - VARIANCES - PUBLIC HEARING 9:52 -9:58 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. 20 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #9 - #2194 David Alan Sutherland - Continued) Mabusth reported that the plat map indicates the lot to be 7,000 s.f in size. The applicant is proposing construction of a partial second level over the single story residence. The existing single stall garage is located 3' from the residence. The application does not require any structural coverage variance. The residence is located in the 500 -1000' setback area allowing 35% hardcover. There will be no change to the hardcover which exists at 28.26 1/o. Setback variances are required due to the location of the existing structure at 18' side setback and 29' rear setback. The bedroom expansion results in an intensification requiring to wrap the existing variances. Mabusth indicated that she has not received any comments after notification from the adjacent neighbors. A neighbor did request a copy of the application. The applicant had no additional comments. Smith was informed that the construction would be contracted out. There were no public comments. The applicant plans to complete the second story construction in about four years which will require a new permit. The applicant informed Berg that the currently proposed • improvement will be completed within the one year time limit allowed. It was noted that there were several evergreens to the east and south of the proposed construction which will be lost. The applicant informed Smith that it was his intent to add more landscaping and trees across the back and side of the property. • McMillan moved, Hawn seconded, to approve Application 42194 for side and rear setback variances. Vote: Ayes 5, Nays 0. ( #10) #2195 GENMAR INDUSTRIES, INC., 1449 SHORELINE DRIVE - COMMERCIAL SITE PLANNARIANCES - PUBLIC HEARING 9:58 -10:51 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Mary McConnell and Jeff Melby. 21 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #10 - #2195 Genmar Industries - Continued) Gaffron reported that the application is for a commercial site plan review and variances for a property in the B -2 lakeshore district which has been operated by Minnetonka Boat Works. The applicant plans to replace the existing 30'x80' building with a smaller 24'x40' building. The property will be leased to King's Cove Marina based out of Hastings. Variances requested are for lakeshore setback, requiring 75' and proposed at 49'; and street setback requiring 30', existing at 12', and proposed at 17'. The required side setback is 10' and is proposed at 15'. The plan calls for a grassy area to the lake side of the new building to be used for boat sales and display purposes. Park and hardcover variances are also needed, in addition to lot area, lot depth, lack of sanitary facilities and boat storage variances. The existing building has been used for storage. Retail sales occurred on the property in the past but the current parking does not accommodate retail sales. There are no changes planned for the parking lot. Any alternative use of parking stalls would require a variance. Gaffron indicated that there seems to be an over usage of the site. He noted that it could be argued that the proposed use of the grassy area might convert it to hardcover at some point due to the heavy pedestrian traffic. In reviewing the parking, Gaffron indicated that the code requires 6 stalls for every 10 boat slips. The property currently has 68 parking stalls for its 111 slips. Additional parking spaces are needed for the planned uses, as well as three spaces for the employees, for a total of 78. Gaffron reported that the applicant proposes 12 slips currently used for rental to be converted to use for display of boats for sale, which the applicant considers would bring the parking requirement to 71. The code, however, does not differentiate between the two uses resulting in a 10 stall variance required to accommodate the retail sales. Also, if the green space is not used for display, and display boats are placed on the parking lot, then additional spaces would be required. There has also been a tendency to park the overflow on weekends at a neighboring marina. Gaffron said the use could be limited to include no weekends or holidays. Gaffron said the applicant has agreed to close the sales operation on Sundays except for four Sundays per year chosen by the applicant. Gaffron noted that the slips on the west side of the road have been served by parking on the east side of the road through a variance granted in 1989. Gaffron reviewed the hardcover calculations for the property on the east side of the road. Hardcover in the 0 -75' setback currently exists at 36.9% and is proposed to decrease to 35.4 %, but noting that the green space will be used for storage, which is not included in this calculation. Hardcover in the 75 -250' setback exists at 73.9% and is proposed to decrease to 72.2 %. The overall result in both zones is a 1300 s.f hardcover reduction. 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 0 ( #10 - #2195 Genmar Industries - Continued) r Gaffron reported that there is a lack of sanitary facilities on the property. Portable toilets have been used but no indoor facilities provided for slip customers as required by code. Sewer was brought to this area in the mid 1980's and is available to this property. Gaffron recommended that this issue be addressed. The City required a pond in 1989 for stormwater management, and the parking lot discharges to that pond. The City Engineer has not reviewed the pond. Gaffron indicated that the pond probably functions as planned but without meeting current codes. He added that the site plan calls for additional plantings on the property noting that the current landscaping has met City approval. Gaffron indicated that there has been a long standing discrepancy between the comprehensive plan and the zoning code regarding boat sales. The comp plan says that boat sales are not an appropriate use for the B -2 district. The zoning code has allowed boat sales as a permitted use since 1975. The legislature changed its view on the hierarchy in 1974 stipulating that the comprehensive plan takes precedence over the zoning code. Gaffron noted that all of the other Orono marinas have had changes but have continued to have retail use which requires more parking. The applicant was asked to respond. McConnell addressed the concerns brought forward by Gaffron. She noted that the large building has not been fully utilized. The applicant reviewed whether minor repairs should take place or whether a more viable use would be to minimize the size of the building with a new building. The building as proposed was said to be environmentally friendly with no use of chemicals and contain only office space with two sales people and one secretary. With regard to the green space losing its pervious ability, McConnell said the boats would be on trailers and would not affect the drainage. She noted that the applicant had considered asphalt in that area. McConnell said 12 slips would be used for water display of boats. King's Cove would store the boats in those slips for test driving by customers for retail sales with rental slips provided by other stalls. McConnell viewed the lack of separating the retail and rental stalls as "double dipping ". It was her opinion that only a 3 stall variance would be required for parking. She noted that the applicant was willing to close on Sundays with the exception of four Sundays per year. As to the parking conflict between the two marinas, McConnell recognized the problem as being in the past but improvements have generated more parking on the Genmar site. 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 • ( #10 - #2195 Genmar Industries - Continued) McConnell informed the Commission that they have never received any complaints regarding the use of "Satellites" for sanitary facilities. She indicated that the office will be served by sanitary sewer but only for use by the employees. Customers will not be allowed past a certain point in the office building, and it will be closed on Sundays. McConnell said to accommodate sanitary facilities for all customers, it would have required a larger building built toward the lake side. McConnell noted that the property has historically been used as a marina, for storage, and for retail and views the proposal as an improvement to the property. Lindquist opened the meeting to public comment. Doug Schmitt, 1475 Shoreline Drive, reported that he lives next door but across the channel from the property. He inquired if there was a difficulty in connecting to sewer. Gaffron said the property is served by sewer now noting a nearby injector station. Gaffron said connecting to sewer is not an issue noting that the sewer assessment has been paid. Lou Oberhauser indicated he was representing a neighboring property owner. He asked what would prevent the applicant from entering the rental business in relation to the slips • available. Gaffron reported that there are specific uses allowed by conditional use permit that require parking stalls. He cited examples of boat clubs, launching facilities, transient launching, charter boat port of call and caretaker houses. Permitted uses under the code include slip rental, marine sales, repair, storage, and marine fuel sales. Gaffron noted that without a review, the rental situation could happen. McConnell indicated that it was not the applicant's intent of renting any boats and noted that such a condition could be stipulated. Oberhauser said he was concerned with an increase in the commercialization of the area and intensification in use not in keeping with the residential area. It was clarified for Smith that Genmar owns the property and would lease the facilities to King's Cove for use as a marina and office space. Hawn asked for clarification on extended parking granted in the 1980's. Gaffron said the variance was granted with the understanding that the number of spaces did not include retail, and no retail was proposed at that time. McMillan asked for comment on what minor repairs would be required to the existing building. She said the building looks as if it would require major repair. McConnell said the building was in good structural condition and felt the building could be usable with only minor repair. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 0 ( #10 - #2195 Genmar Industries - Continued) Smith inquired about how the 78 parking stall configuration was derived. Gaffron said he did not believe the existing parking could be reconfigured to meet the 78 stall requirement. McMillan inquired about the sales hours for the business. The owner of King's Cove said the office would be open from 9:00 a.m. to 5:00 or 6:00 p.m., Monday thru Saturday, all year around. McMillan asked how the applicant proposes to keep the slip rental customers from using the sanitary facilities within the building. McConnell said the building plans situate the receptionist area so that the facilities would not be available. She said the applicant proposes to keep the current satellite toilets in the same area as they have in the past. McMillan was informed that the satellites have not been screened in the past. Berg asked the applicant what type of construction would be used for the building. Melby said the structure would be a double wide manufactured modular. McConnell said improvements would be added to the building such as shutters, different roofing, and awning. Lindquist asked if there was any requirement that the property hook up to sewer. Gaffron • said the code was fairly specific and read the requirements including providing for sewer and water, waste dump station and pump out. Gaffron indicated that these issues were not discussed in 1989 review. Lindquist asked if a boat pump out was planned. McConnell said no. Gaffron said the pump out was previously provided at the Genmar's Wayzata facility which has now been. sold. Lindquist asked if there was any problem with providing a pump out. McConnell said she would look into this possibility. • Lindquist asked if there were other code requirements that were not being met. Gaffron said no CUP is required as the proposal does not include any of the uses which require a CUP. He noted that additional parking was allowed on the Brown's Bay side in 1989 to serve the slips on Tanager Lake across the County road. From a landscape standpoint, Gaffron said there were no problems. Gaffron said the property is in general compliance and has been a low activity property. He noted that the previous boat storage in the winter was maintained at a low level. McConnell said winter storage is no longer being provided. Lindquist inquired about the 8 -10 parking stall shortage. He noted that the code is specific as to the number required and does not discern the type of use. McConnell said she understood the code to be concerned with high turnover noting that the proposal calls for retail customer, not rental slips. Lindquist informed McConnell that slips are required for both retail and rental. 25 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #10 - #2195 Genmar Industries - Continued) Mabusth clarified through questioning McConnell that the rental slip customers will not have access to sanitary facilities when the boat sales office is closed. She asked the Commission whether the new use should be allowed if no permanent sanitary facilities are available and in light of the closing of the Wayzata facility. The boat slips will continue to be used on Sundays when the office facility is closed. McConnell said the use of the bathroom facility within the building would not affect any customer as the facility is not open for use at all. Smith noted that marinas provide such sanitary facilities for their customers. McMillan asked if there were any other changes for the boat slip customers. The only other change noted was the lack of providing winter storage, which McConnell said would result in less activity on the site. Smith questioned the grass area becoming more like hardcover rather than a permeable source for drainage with heavy pedestrian use. McConnell agreed the grass would mat but said she did not expect alot of activity but saw the display as visual. No walking stones will be laid. Smith asked how the stormwater facilities would be positioned on the property. • McConnell said the requirements would have to be reviewed with the plans. She also, indicated that additional parking stalls may be found if the existing pond is moved elsewhere. Berg inquired whether the applicant intended on maintaining facilities in Hastings. King's Cove owner said he did. The Commission and applicant discussed the number of slips and stalls comparing retail and rental. McMillan said she was concerned with the intensification of the site. She also noted that the site would generate more traffic into an area that is already overburdened with traffic. McMillan also questioned what would result if the property were sold if the applicant was allowed to differentiate between rental and retail slips. McMillan said she saw the old building as being part of the history of old Orono. While acknowledging the applicant had the right to build, she did not see the proposed building as fitting in with the new Orono. Hawn agreed that the proposal was an intensification of the site. Noting the plan for a double wide mobile, no public toilet facilities, Hawn questioned how the applicant could ask the City to extend the limits of the code while not offering anything back to the customer. Hawn said she would like to see toilet facilities and an attractive building. Her • major concern was with the density of the site. Hawn said she was not in favor of the application as presented. 26 l� u MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #10 - #2195 Genmar Industries - Continued) Lindquist said the application as he saw it calls for a 10 stall variance to the parking code. Lindquist said he would not differentiate between the uses. Lindquist said the facility should provide toilets and pump out. Smith agreed. He noted he did like the green area. Berg said the old building showed a character not present with the new building proposed. Lindquist asked the applicant if the application should be tabled for further review or if a vote should be taken. McConnell asked for additional comments before tabling. Hawn said she would be interested in viewing the City Engineer's report on the pond to see if it was adequate to meet the current standards. Lindquist noted that the proposal should meet the ordinance changes made in 1995. Mr. Schmitt asked if there were any building codes that must be met. Gafl'ron said the building must meet the B -2 standards, but those standards do not discuss how the building should look. Berg said she traveled the road daily and is concerned with the traffic and number of people using the facility on the narrow, busy roadway. She saw the site as being the entrance into Orono and said she was adamant that the building be a good representation of Orono. Berg cited a nearby example of a remodeled building that the proposal should emulate. Gaffron indicated there were licensing standards that are required to be met. He noted that the property has been open during the winter and summer to include storage and asked if there was further intent to add storage. McConnell said the applicant had looked at that possibility, but it was not their intent to provide for storage at this time but possibly in the future. Smith moved, Berg seconded, to table Application #2195 to allow for further review. Vote: Ayes 5, Nays 0. The application will be reviewed at the January, 1997 meeting. ( #11) #2196 GENMAR INDUSTRIES, INC., 1449 SHORELINE DRIVE - CONDITIONAL USE PERMITNARIANCES - PUBLIC HEARING 10:51 -11:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. • The Applicant was present. 27 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 •( #11 - #2196 Genmar Industries - Continued) Gaffron reported that the property owned by Genmar Industries is two separate tax parcels. This application refers to the property on the west side on Tanager Lake, north of the bridge. The proposal calls for a parking area on this property. There are a number of trees on this property that would be affected. The property includes an existing protected bluff. The 28 -stall parking lot would require the removal of two- thirds of the bluff. Also affected is the 0 -75' setback requiring a hardcover variance for access. Gaffron reported that Hennepin County indicated they had no problem with the access location. The proposal will require extensive grading and cutting into the hillside. There would be a berm on the lake side and by the road to screen the parking lot. The City Engineer has recommended a larger pond be constructed than what is currently proposed. Gaffron read a letter into the minutes from the DNR recommending denial of the application for what they see is a self - created hardship. The DNR noted that the proposal would call for removal of 5000 cubic yards or the top 18' of the bluff. Gaffron reiterated the City approvals required by the project as proposed which include the following: 1) Conditional use permit for land alteration in excess of 100 cubic yards, 2) Variance for land alterations within 75' of the shoreline, 3) Hardcover within 75' of the shoreline, 4) Intensive vegetation clearing within 75' of the shoreline and in a bluff impact iszone, and 5) Hardcover in 75 -250' zone in excess of 25% allowed. Gaffron indicated that the MCWD has not yet responded to the proposal. He did note, however, that the State archaeologist felt the site was natural and did not contain dredge spoils. The archaeologist said there are no indications of any burial on the property. • Gaffron reviewed the inconsistencies between the proposal and the Comprehensive Plan. He stated that it was inappropriate to do any reworking of the lakeshore. The bluff destruction to create a parking lot was not consistent with the Comp Plan. Gaffi-on indicated that a variance was required for extensive tree removals which would change the features of the bluff. The proposal would also change the neighbors view of the marina as well as the parked cars. Gaffi-on reported that the issue of safety was suggested as a justification for granting the variance in the hardship statement. In 1989, the LMCD approved the expansion of slips on Tanager Lake, which was then accommodated by the City by allowing parking expansion on the east side of the road. However, the current parking situation does not meet code, and the proposal is an attempt to meet the code. 28 1�1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ( #11 - #2196 Genmar Industries - Continued) Gaflron said Police Chief Cheswick suggested that the proposal would not solve all of the problems present but would solve some parking needs. He was concerned that the project would bring trespassers closer to the channel and security could be a concern. He saw the proposal as a solution for the slip customers. Cheswick had also suggested revisiting suggestions made in 1989 for a tunnel under the bridge, or a bridge over the road. Gaffron said there are few documented incidents of pedestrian crossing problems, but he noted it was difficult to cross given the high volume and regularity of traffic on CoRd 15. Gaffron noted the City Engineer has reviewed the proposal, indicating it would require a larger pond in addition to the typical conditions such as a hauling route, disposal location, construction schedule, and traffic control plans. Gaffron noted that the proposal would help applicant meet in the parking requirements for the new building proposed under Application #2195. Gaffron asked the Planning Commission to consider the issues presented. Staff recommends that other options be considered for safe access without removal of the bluff. McConnell, in answering the issues brought forward by Gaffron, noted safety to be the is reason behind the proposal and not the over development of the dockage system. She noted that the police department records did not reflect the near misses of accidents as a result of pedestrian crossing. McConnell felt the proposal was the best solution. She also reiterated Hennepin County's approval of the access and provision of adequate sight line. McConnell indicated that it would only take one fatality to counter any of the issues brought forward. McConnell addressed the issue of removal of a portion of the bluff. The berm proposed is a counter to this issue according to McConnell. A cross section of the property was shown noting the proposal would preserve the rise in the topography and hide the parking area. From the Tanager Lake side, there would still be a raise in the land and a trail to the shore provided. McConnell said the proposal addressed the views and the noise issue. She also said the applicant was revisiting the storm water area to meet construction schedule needs. Melby informed the Commission that the proposal called for only the excavation of what was needed to the 950' contour and matched on the other side. The existing plantings would be left as much as possible. He also noted that the plan calls for working from the inside out to eliminate any more excavation than necessary. McMillan asked if there would be any steps and was informed that steps would be placed • where needed. She was also informed that the grade would be at a 3:1 slope. 29 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 • ( #11 - #2196 Genmar Industries - Continued) McConnell responded to the suggestions made in 1989 and again by Chief Cheswick for a tunnel or bridge. She noted that Hennepin County said a bridge was not feasible and a tunnel would be a security risk. Doug Schmitt noted the presence of Indian Mounds in the Orono area and questioned the review by the State archaeologist. Mabusth reiterated the findings by the archaeologist of a natural sight with no burial grounds. Gaffron read the letter written by the State archaeologist. Schmitt inquired about a cut into the land on the north side by this site that had been stopped. Gaff-on said he did not know the history of that excavation, but it was quite visible when standing on the north side of the bluff. Schmitt asked if there would be any opportunity for more slips. Gaffron said the LMCD has already provided a special density permit noting a marina must provide a number of amenities. Gaffron indicated the number of slips is in direct correlation to the shoreline footage and amenities provided, and is within the jurisdiction of the LMCD. He did note that the Council may have an opinion as to whether additional slips might ever be developed at this site. is hmitt informed the Commission that he was concerned that another building such as a Sc g double wide mobile might be erected on the site. McConnell said they have no intention to add a structure or additional slips. Hawn said she was opposed to cutting into the bluff on the lakeshore. Smith agreed noting the recommendation for denial by the DNR. McMillan and Berg also voiced their opposition to cutting into the bluff. Lindquist asked the applicant if a vote or tabling was preferred. The applicant asked for a vote. Lindquist moved, Smith seconded, to deny Application #2196. Vote: Ayes 5, Nays 0. At Applicant's request, it was indicated that Applications 92195 and #2196 would be presented together to the Council, probably at their first meeting in February, 1997. SKETCH PLAN /CONCEPTUAL REVIEWS ( #12) #2190 JAMES G. FULLERTON, III., 3350/3400 FOX STREET - SKETCH OF A FIVE LOT SUBDIVISION . The applicant, John Winston, was present. 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 • ( #12 _ #2190 James G. Fullerton - Continued) Mabusth reported that the property for sketch plan review includes Lot 1, the original Fullerton estate, Lot 2, the homestead of James Fullerton III, which will include a lot line rearrangement, Lot 3, a developed lot once part of the estate, and Lot 4, which was divided off but served by Fox Street on the east side. The current proposal is for a five lot subdivision. It was noted that there will not be a back lot serving another property. All of the lots meets the area and width requirements. There is a caretaker house which will be maintained. Application will be made for a condition use permit and will meet the area standards but is located about 45' from the lake shore. The accessory structure will be removed as it is located on the lot lines and will not meet the standards. Mabusth stated that the issue involves how to treat the upgrade of the road and whether a driveway access would be allowed. Winston informed the Commission that Tract E has an easement to use Fox Street but does not currently use it. He also noted that the tract is not less than 2 -1/2 acre lots as required by restrictive covenants. Mabusth asked if the covenant restricts the number of units. Winston said the limitation is only to the size. Mabusth said this would allow an additional unit to be served by Tract F for a total of possibly seven. Mabusth informed the Commission that the entrance to the area is 25' width and • surrounded by retaining walls. She noted that it would be difficult to upgrade the roadway. The City Engineer reviewed the access and determined that it should remain a private road to a minimum width of 24'. Mabusth said it would be difficult for this to occur within the 500' due to the wooded nature of the property. The fire and police departments will also review the plan. �J Winston said it was his desire to retain the gate and amenities along the entry. Lindquist agreed that it was a beautiful entrance. Mabusth said the plan calls for an innovative approach to an upgrade, and if the Commission supports it, it would be difficult to envision a 24' width with a ditch. The Commissioners all agreed to support some flexibility regarding this issue. Winston reported that the division would result in lots of at least 4 acres in size. He noted that the most northerly lot would be accessed directly from the street and several lots would not utilize the entire length of the access. Only three lots would use the full extent of the driveway to include the Fullerton homestead. Tract E and Lot 1 almost immediately exist off of the private driveway. Lindquist indicated that the private road would be maintained by the property owners. 31 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 • - - ( #12 #2190 James G. Fullerton Continued) McMillan inquired about the no build area. Winston said the no build area is to protect the main views from the Fullerton residence and would be protected by restrictive covenant for 30 years. Winston noted that it did not appear to hinder a potential buyer. The no build area could become a buildable site in the distant future as there is adequate area. Mabusth asked what the no build restriction included. Winston said no above grade building would be allowed, such as a pool house or tennis house, but a swimming pool was feasible. Mabusth informed Winston that building in that area may require an average lakeshore setback variance to include a swimming pool or any additions to the existing house. It was indicated that the caretaker residence is hooked up to septic. It appears that access to the caretaker residence is from a gravel access. Mabusth reported that the application would again appear before the Planning Commission in January, 1997. PLANNING COMMISSION COMMENTS ( #13) REPORT OF PLANNING COMMISSION REPRESENTATIVES • ATTENDING COUNCIL MEETINGS OF OCTOBER 28, 1996 (ELIZABETH HAWN) AND NOVEMBER 12, 1996 (JAN BERG) No report was given. ( #14) OTHER ISSUES FOR DISCUSSION No additional issues were discussed. ( #15) PLANNING COMMISSION APPROVAL OF MINUTES OF THE OCTOBER 21, 1996 MEETING Hawn moved, Berg seconded, to approve the Minutes of the Planning Commission Meeting of October 21, 1996. Vote: Ayes 5, Nays 0. ( #16) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF NOVEMBER 25, 1996, DECEMBER 9, 1996, AND JANUARY 13, 1997 32 November 25, 1996 - Stoddard December 9, 1996 - Lindquist January 13, 1997 - McMillan 32 • l� u • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ADJOURNMENT Berg moved, Lindquist seconded, to adjourn at 11:37 p.m. Vote: Ayes 5, Nays 0. 33