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HomeMy WebLinkAbout03-17-1997 Planning Commission Minutes• ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 17, 1997 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Sandra Smith, Janice Berg, William Stoddard, and Lili McMillan. Charles Schroeder and Elizabeth Hawn were absent. The following represented the City Staff: Assistant Zoning and Planning Administrator Michael Gafiron, Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, and Recorder Sherry Frost. Council Members Goetten and Flint were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGSIPUBLIC INFORMATION REVIEWS ( #1) 7:00 P.M. - #2218 JYLAND DEVELOPMENT, INC., 1185 HUNTER DRIVE - PRELIMINARY SUBDIVISION, CLASS III - 7:00 -7:08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application is for a preliminary subdivision of four lots within 2 acre rural residential zone involving a road outlot. The 21.57 acre property is • located in the RR -1B Zoning District and meets all requirements. Information provided include wetland delineation, drainage easements, septic determinations, and covenants and maintenance regarding the road and drainage. Van Zomeren indicated that the Park Commission will review the application at their April 7 meeting. Staff recommended approval with conditions as noted in the Staff memo. Mark Gronberg indicated the size of lot 2 has increased due to a change in the septic location. He noted the property contains two Orono wetlands and two other wetlands of type I and 2 protected by covenants. During public comments, John McKay, 1505 Hunter Drive, questioned whether there were different requirements in acreage for mound or traditional septic. Lindquist informed him that the property meets the 2 -acre requirements. He explained the City requires two sites, and the type of septic system depends on the test results. Bruce Steiner, 144 Edgewood, Wayzata, reported owning the adjoining property to the west. He questioned the number of septic sites required. Gaffron explained the use of the primary and secondary, or alternate, sites. Stoddard inquired if Gronberg was satisfied with the Staff recommendations. Gronberg • said he was. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 • (# I - #2218 Jyland Development - Continued) Lindquist noted Gronberg met with the neighbors. Gronberg referred to Bob Carlson of Jyland, the builder and developer. Carlson said he has been available to speak with neighbors but has not met any of them. Stoddard moved, McMillan seconded, to recommend approval of Application #2218 for preliminary subdivision with Staff conditions 1 -7. Vote: Ayes 5, Nays 0. (Agenda Items #2 and 3 follow Items #5 and 6.) ( #5) #2213 JIM ZIMMERMAN, 2745 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:08 -7:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the application is for a conditional use permit for a permanent boat dock on Lake Minnetonka. The property is located northwest of the Narrows in a lagoon area. The dock would be located adjacent to the boat house on the south side. The boat • house has an 8' garage door. A 6' dock section would be added to the existing dock section. The dock: would total 32' in length located adjacent to the shore. A 4' section would extend toward the shoreline on each side resulting in an inverted u -shape configuration. The CUP is required due to the use of pilings which make the dock permanent. The LMCD has been advised. The DNR has a blanket general permit which includes such use. The LMCD has questioned whether the dock meets the general permit requirements since the single linear criteria may not be met due to the two 4' sections leading back to the shore. If the dock does not meet the criteria, the DNR would need to issue a separate permit. Gaffron said the construction of the dock is a logical solution. Staff recommended approval subject to the necessary permits, noting no foreseen impacts. The applicant reported he has spoken with the LMCD, who voiced satisfaction with the dock. Smith inquired if there was previously a dock in that location. Zimmerman said he did not know but the pilings were in place. He indicated there is presently no way to pull a boat up to the boat house. He reported understanding the City's viewpoint regarding boat houses (and their elimination). Zimmerman indicated his boat house is in good repair. 40 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 • ( #5 - #2213 Zimmerman - Continued) Stoddard asked if the applicant had considered a temporary dock. Zimmerman said the pilings were solid and other docks in the lagoon were permanent in nature. Stoddard noted movement of 4 -6" has taken place on the south side of the boat house. Applicant acknowledged the movement but was of the opinion that the boat house was structurally sound. There were no public comments. Smith moved, Stoddard seconded, to approve Application #2213 subject to receipt of LMCD and DNR permits prior to issuance of the building permit with the condition that no concurrent work take place on the boat house. Vote: Ayes 5, Nays 0. ( #6) #2214 RICHARD KOZICKY, 2016 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING 7:15 -7:41 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. • Van Zomeren reported that the application is a request for modifications to an existing residence and garage requiring variances for average lakeshore setback, hardcover in the 0 -75' and 75 -250' setback areas, and structural coverage. The property is located in the LRI -C One Family Lakeshore Residential Zoning District. An encroachment into the required side yard occurs due to the 3' overhang of the eaves. The existing hardcover in the 0 -75' is a result of the topography of the property and is proposed to remain. It was noted that the circular driveway allows for access to a neighboring property to the north. The hardships listed include the topography, speeds on the County highway and curve on the roadway. The proposal includes removing the existing garage, adding a new laundry room and garage, and remodeling the lakeside to add a family room and a new deck. The hardcover calculations in the 0 -75' setback require a 11.6% variance and a 25.33% variance in the 75 -250' setback. The lot does not meet the 1/2 acre requirement. The district allows for 15% structural coverage which is proposed at 19.62 %. Van Zomeren said Staff recommends less structural coverage and a reduction in the size of the overhang from 3' to 1'6 ", which encroaches into the 10' side setback. When asked to address the issues, Kozicky said the overhang is proposed to follow the existing overhang of the house to architecturally match what currently exists. Van Zomeren noted that a 1 -1 /2' overhang is a non - encorachment in a side yard. The applicant questioned how the average lakeshore setback line was drawn. Van Zomeren said Staff • would reevaluate the line. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 • ( #6 - #2214 Richard Kozicky - Continued) Smith acknowledged the proposal addresses the hardships of access and safety but the significant amount of additional structural coverage is not a result of the hardships noted. Kozicky said he had been unaware of the increase of 258 s.f in hardcover and would be willing to reduce the driveway hardcover by that amount. He also noted the two entrances assist in maintaining safety. Smith said the existing residence is at 45.65 %, where 25% is allowed. She asked the applicant to consider reductions in the proposal to maintain the existing percentage. Lindquist inquired about the size of the proposed garage. Kozicky said the garage would be at a 24' width with a new entry way and laundry room. The proposed garage is deeper than the existing garage. The current deck is being enlarged. Smith inquired if the applicant knew at the time of purchase that the lot was substandard and would have limitations in what improvements could be made. Kozicky said he did not. The applicant was informed of the view of the Commission regarding excess of structural and hardcover on substandard lots. Kozicky said the patio has been reduced but he would be willing to remove the remaining 34 s.f. landing in front of the deck. • applicant that the Commissioners would like to maintain the Lindquist informed the app structural coverage at the existing percentage and eliminate any further intensification of structure on the small lot. Kozicky said he had been unaware of the increase until he read the Staff letter. There were no public comments. Mrs. Kozicky asked if the overhang presented a problem. The Commission felt the overhang maintained the architectural integrity of the home. Stoddard asked the applicant to speak with the building inspector regarding the overhang. Kozicky asked if the average lakeshore setback could be reevaluated. 'Van Zomeren said she would need to gather further information regarding the upper and lower deck on the neighboring property for recalculation. Lindquist said the intent of the Commission is to see the property as conforming as possible in regards to intensity of structure, average lakeshore setback, and hardcover. The applicant reiterated the Commission's recommendation to existing structural percentages. Stoddard suggested pulling the family room back behind the average lakeshore setback and reducing the size of the garage. The applicant questioned a reduction in the amount of driveway, but Stoddard noted the effect would be on hardcover and not structure. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 0 ( #6 - 9221.4 Richard Kozicky - Continued) The applicant asked for a recommendation regarding the driveway configuration. Gappa said he would assist the applicant with making that determination. Lindquist asked the applicant to work with Staff regarding changes to the proposal from the input given at the meeting. Mrs. Kozicky said she understood the Commission to recommend less structure as being more desirable than less hardcover. Commissioners agreed. McMillan suggested tradeoffs be considered. Smith moved, Berg seconded, to table Application #2214 to the April meeting. Vote: Ayes 5, Nays 0. ( #2) 7:30 P.M. - #2212 SIDNEY AND BARBARA REBERS, 2080/2190 WAYZATA BLVD. - PRELIMINARY SUBDIVISION, CLASS III - 7:42 -8 :57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the application is a request to convert Outlot E, Sugar Woods, to • buildable lot status to enable development of the property for commercial use. Outlots E and F were created when Sugar Woods was platted. The intention was to eliminate the need to detail the development of the primarily commercially zoned property until a future date. Outlot E is zoned B -1 (see rezoning, Agenda Item #3). The 1987 Comprehensive Plan Amendment No. 2 included the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12, to eliminate direct access to Hwy 12. Outlots E and F in the 1989 plat of Sugar Woods need to be converted for this to occur. The Sugar Woods plat conformed to the comprehensive plan by the creation of Outlot D, a short segment of the future east /west frontage road corridor. This only provides a corridor from the west boundary of Sugar Woods to the northwest corner of Outlot F. Outlot F would continue the corridor when developed. Outlot C of East Willow Woods was then created providing a corridor connecting the west side of Sugar Woods westward to Willow Drive. The corridor was platted and the City has an easement over it. The issue of converting the subject property to buildable status relates to the access issue and is identified as follows: 1) Should Outlot E be allowed to develop with its only access directly to Highway 12? • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 ( #2 - #2212 Sidney and Barbara Rebers - Continued) 2) How do the 1995 -96 safety improvements to Hwy 12 impact access to Outlot E? Is a shared access with adjacent Wear property necessary? Stoddard was informed that there would be no effect on the Wear property's gas pump access as there is a third access. However, this does not solve the access issue for the east boundary property as it would require making U -turns which is not deemed desirable by the City. 3) Will the expected future relocation of Hwy 12 in the next 5 -10 years effectively reduce the amount of traffic on existing Hwy 12 to eliminate the need for a frontage road? 4) If the traffic levels are not reduced, should the conversion of Outlot E to buildable status be the trigger for construction of the frontage road? Gaffron cited the potential traffic volume impacts of the Highway 12 relocation. It was noted that Mn/DOT projects through traffic will use the new bypass and the traffic on the current corridor will decline. The current Hwy 12 traffic through Long Lake is 23,000 cars per day. Under the "no build" option, the traffic would increase to 25,000 by 2015 with a three -fold increase on CoRd 6. Under the "Alternate 6 North" plan, Hwy 12 traffic • is expected to decline to 14,600 cars by the year 2015. This traffic level is still significant considering a daily traffic volume above 10,000 cars generally requires a limited access 4- lane roadway with service roads. Hwy 12 is projected to remain two lanes only. The Hwy 12 safety improvement plans included medians and turn lanes which preclude direct access to the applicant's parcel by eastbound traffic unless through the easterly Orono Shopping Center access. The City feels it would not be appropriate to allow Outlot E's traffic to use that access. An anticipated future curb cut for Outlot E would be a right - in/right -out access and would necessitate U -turns for eastbound traffic which the City deems inappropriate. Gaffron said the City does not believe modifications will be made to the median in the future to provide eastbound ingress /egress directly to Outlot E. Gaffron reported that the City's preference for a frontage road would reduce /eliminate direct access to Hwy 12 and bring the traffic to a semaphored intersection at either Brown Road or Willow Drive. The preliminary plat of Sugar Woods was conditioned on the frontage road being fully installed at the time of either the applicant's development of the commercial corridor or as a result of other conditions requiring the installation of the road prior to the development of the commercial corridor. The conditions of the Sugar Woods plat approval resolution indicate that installation of a road segment in Outlot D must be concurrent with development of Outlot E. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 • ( #2 - #2212 Sidney and Barbara Rebers - Continued) Gaffron indicated that the City was granted road and utility easements over the East Willow Woods and Sugar Woods frontage road segments when platted but ownership of the outlots remains with the respective developers. The specific conditions of the easements allowing the City the right to build the road within Outlots C and D are limited. The Otten easement states that no road shall be constructed until the following occurs: 1) The owner of Outlot C, East Willow Woods, requests it to be built; or 2) Until an east/west frontage road is constructed from Willow Drive to Brown Road with southerly extensions from Sugar Woods to Hwy 12 and another lining up with Brimhall Lane; or 3) Upon rezoning of the two residential properties north of East Willow Woods to commercial; or 4) Upon development of Otten's easterly parcel as a separate entity from the currently developed westerly parcel, unless the City determines that no access is required for the easterly parcel. A right -in access currently exists from Willow Drive to the Otten property. • on further explained the limitations of the City's Sugar Woods easement in relation to Gaffr p Y g occurrences on the outlots. The development over Outlot E allows the construction of a 150' segment of frontage road adjacent to Outlot E. The easement over Otten`s Outlot C precludes the segment of road until the entire frontage road is built from Brown to Willow. Gaffron questioned whether a 150' segment of frontage road would be desirable. • The access impact on business development of Outlot E will likely determine how the buildings will be oriented. As a result, the developer will need to know whether or not the frontage road will occur. If that is unknown, the buildings would likely be oriented to the south. It was noted that since a semaphore currently exists at Willow, it would be appropriate from a traffic flow standpoint to develop the service road westward from Outlot E to Willow Drive prior to the development on Outlot E to eliminate the U -turn problem. Gaffron indicated that additional items to consider include a trail corridor. The existing sidewalk pathway on the north side of Hwy 12 is not the trail that was envisioned for the area. To maintain 60' of roadway to allow a trail to be constructed would require an additional triangle of right -of -way to be platted at this time with road/utility /drainage easements granted. Gaffron noted the City Engineer has requested drainage and utility easements be granted over Outlot D since this did not occur when Outlot D was platted. 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 • ( #2 - #2212 Sidney and Barbara Rebers - Continued) Gaffron informed the Planning Commissioners that Staff recommends approval of the conversion of Outlot E to buildable lot status under conditions 1 -5 as noted in the Staff memo. The applicant's representative, Steve Pflam related the history behind the subject property as it relates to development of Sugar Woods and Highway 12. He indicated that the service road has been opposed to by the property owners. This opposition is indicated by the number of conditions placed upon the outlots and their future development. Pflam indicated the property owner, Mr. Sid Rebers, has a potential buyer of the property who would like to maintain the existing access. Rebers does not want to pay for the frontage road. Pflam said Rebers believes he has legal access to Hwy 12 which would not preclude the City from building the service road or eliminating access to either. Pflam said the issue is one of restricting property by the placement of conditions relating to a frontage road. He also believes the property owner should not be assessed for the frontage road as it would be a public road connecting to other public roads. Pflam believes the purpose for the frontage road is eliminated by the relocation of Hwy 12. Pflam does not believe the lot status should be tied to the frontage road. Pflam said the issue of the median can be addressed by addressing the triangular piece of land owned by Mn/DOT and allowing • access from Brimhall Lane to Hwy 12. Lindquist inquired about the curb cut from Hwy 12 into the property. Gaffron said the Hwy 12 improvement plan notes the 1979 curb cut but does not define the location of the curb cut. Mr. Rebers said the original curb cut included a cut to Outlot F, originally for access to a residential property owned by Hazel Meyers and was moved to Outlot E. He indicated there is still a curb cut to Brown Road but an increase to the size of the holding pond would restrict the curb cut. Rebers said he had planted a buffer of trees between the residential and commercial areas, and the frontage road would be forced to run along the yards of the homes in Sugar Woods. He reported having had many offers to purchase the property but has waited to sell until receiving an offer from a compatible use like the bank to protect the sensitivity of the area. Rebers noted the service road by the Otten property nearly touches Dickey Lane to the north. Rebers indicated the highway department has said no more improvements would occur on Brown Road in regards to a stoplight and indicated U -turns are legal if no postings are made. Rebers said he does not wish access to enter his property from the Wear property. During public comments, Cliff Otten indicated he did not want a service road. He noted the service road was considered due to the future development of Hwy 12. He had requested the road be placed to the rear of his property but he feels this was a mistake as he subsequently lost 30' to the Hwy 12 safety improvements. Otten said he does not • believe the need for the service road exists any longer. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 0 (#2 - 9221.2 Sidney and Barbara Rebers - Continued) Pflam asked the City to wait for development of Outlot F to occur. He noted the ideal use of that property would be a single office building which is being considered. He said access for such a building could come from Brown Road with a cul -de -sac to the building. The easement would still exist if a future need was determined. Council Member Flint questioned where the trail would be placed if the road was not built. Otten did not see the need for the trail with the existing sidewalk. Flint reiterated the sidewalk was a temporary solution and did not have the required trail width. Pflam was of the opinion that the trail could be built by Hwy 12. Stoddard asked what the City's intention was for building the frontage road. Gaffron said the Comprehensive Plan called for the road as a parallel corridor to Hwy 12 in response to the increasing traffic load and to eliminate direct access onto Hwy 12. Gaffron said the traffic will continue to increase forcing U -turns to occur which is not desired by the City. He noted the existing problems with access on and off Hwy '1.2. Gaffron said it may be reasonable to construct the frontage road from Willow Drive to the outlot noting there will be financial and easement limitations. McMillan inquired if the applicant envisioned two accesses to Outlot F from Hwy 12 and • Brown Road. Pflam said both accesses were possibilities and two separate legal accesses exist, one at 2160 Wayzata Blvd. and one along Hwy 12. Lindquist read a letter into the minutes from the City Engineer indicating the need for roadway and utility easements. The City Engineer noted the existing plans for the east - west frontage road and indicated development should be tied into the plans. Rebers said he is concerned with the location of a service road near the residential lots and impacts on safety. Smith inquired if there was the ability to make additional changes to Hwy 12 as it exists today for a front access. Gaffron said no. He indicated the lack of a defined road corridor through Outlot F leaves the possibility to develop where desired and attempt to attract the type of buyers that would benefit the property. Gaffron said it is Mn/DOT's intention to create a right -in, right -out access for Outlot E with no changes to the medians or a service road. The question is whether development of Outlot E should occur prior to the service road being built. McMillan questioned whether there was a possibility for a spur road aligning with Brimhall Lane to Hwy 12 without a left turn lane. Gaffron said the road was widened at that point which would allow the possibility of a left turn lane. McMillan was of the opinion that this would be a good alternative. She would like the service road to be . platted in case use intensifies in the future. • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 ( #2 - 92212 Sidney and Barbara Rebers - Continued) Berg asked the size of Outlot F and its intended use. Rebers said the property was 6.6 acres. When questioned whether he would focus on a use that would generate low traffic, Rebers said he envisions an additional perimeter buffer to save trees and impose a building setback larger than the 30' setback allowed. His intent is not to maximize the use of the land. Stoddard was informed of the number of U -turn areas along Hwy 12. The Planning Commission discussed the number of options relating to right -in, right -out access, U -turns, access from Brown Road, and triggers for future development. Gaffron inquired if the development of Outlot E should be the trigger as noted in the conditions of Sugar Woods or if the Commission was satisfied with Outlot F being the trigger. Stoddard moved, McMillan seconded, to approve Application #2212 with approval for a right -in, right -out curb cut subject to applicant being required to pay for any future road or bike trail on the north side of said lot. Lot 1 would be subject to utility and drainage easements continuing along Outlot D and subject to any future development between Willow Drive and Brown Road along the Hwy 12 corridor. The applicant would be bound by the City's requirements for road access. The right -in, right -out access would be eliminated when the frontage road is built. McMillan questioned whether the motion was too restrictive and if the option of aligning with Brimhall could be reviewed to allow for total crossing of Hwy 12, which would benefit safety. Stoddard did not recommend amending the motion but said applicant could discuss the possibility with Mn/DOT. Pflam said the applicant was negotiating with Mn/DOT regarding the pond and could consider the Brimhall option. Cliff Otten said he would offer his support of the Brimhall option. Smith inquired if a shared curb cut could occur with a bank and the Wear property. Gaffron said Wear would have to be consulted, and there were possible safety concerns. Vote: Ayes 5, Nays 0. ( #3) 7:45 P.M. - #2224 CITY OF ORONO, 208012160/2190 WAYZATA BLVD. - REZONING - 8:58 -9:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 0 (93 - 92224 City of Orono _ Continued) Gaffron reported that the application is a City- initiated "housekeeping" rezoning of a 55' strip of land that is still zoned RR -1B, 2 acre residential, as a result of the creation of Sugar Woods in 1988. The Sugar Woods residential development was rezoned at that time from 2 acre single family to 1 acre single family. The southern boundary of the Sugar Woods residential did not abut the B -1. Staff is recommending rezoning of the majority of this strip to B -1 and a portion in the Sugar Woods residential buffer area converted to R- 1, 1 acre zoning. Outlot D is to be zoned 1 acre residential, with Outlot E (the Wear property) and Outlot F to B -1. McMillan questioned whether this rezoning would affect the issue previously discussed in the Reber application (agenda item #2) or the proposed frontage road. Gaffron informed her that this rezoning was to incorporate some pieces of land into the intended residential and commercial zones. There were no public comments. Berg moved, Lindquist seconded, to approve Application #2224. Stoddard inquired if Mr. Wear was notified of this rezoning. Gaffron said he had spoken . with Wear, who had no problem with the proposed rezoning. It was no surprise to him as it had previously been discussed. Vote: Ayes 5, Nays 0. (The meeting was recessed until 9:10 p.m.) ACTION ITEMS ( #4) #2209 SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD - VARIANCES /CONDITIONAL USE PERMITS - CONTINUATION OF PUBLIC HEARING 9:1.0 -9:45 P.M. The Applicant was present. Gaffron reported that the Spring Hill Golf Club application was presented at the February meeting and was continued to this meeting. The application includes variances for an oversized accessory structure for the maintenance facility exceeding the allowed footprint, the filling and grading of wetlands, and bluff impact for the old gravel pit area where intensive vegetation will be cleared including 1 -1/2 acres of trees. The CUP is for grading of the site in excess of 100 cubic yards and for the golf course use as a permitted use in 0 the RR -1B Zoning District. II • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 ( #4 - #2209 Spring Hill Golf Club - Continued) The EAW process is underway at this time. The EAW was distributed on March 10. The 30 day comment period ends April 9. The EAW document was sent to approximately 20 State, local, and federal agencies for review and comment. The February 18 meeting did not involve any specific details of the application. The issues of the variances were included in a Staff memo dated March 18. Additional information has been gathered involving review of the site, architectural plans, wetland review, review of grading and mitigation, overlay of the bluff plan, the Park Commission meeting minutes relating to the trail, issues presented by the applicant, DNR comments involving impact on the Big Woods, a letter relating to ground water study, and a letter from the City Engineer. Due to the complexity of the application, Gaffron asked if the Commission wanted to review the application at this time or continue the application to allow for review of the materials recently received to allow each member a better understanding of all the issues involved. Tom Crosby, attorney for the golf club, introduced Tim Johnson, Jack Morrison and Marshal Braman. He suggested a number of changes to the application in response to expressed concerns. There will be additional screening of the maintenance facility. Significant trees will remain in the bluff area and will be mitigated through 3 tees. The driveway will be constructed in a clearing of trees that presently exists on the property. Crosby said he did not feel there were substantial issues relating to the wetlands. Lindquist suggested the application be continued to a special Planning Commission meeting reserved for this application only to be held on a date tentatively scheduled for March 31, 1997 at 6:00 p.m. on site. The meeting would then continue in the Council chambers. All interested parties listed in the application and on record as attending meetings regarding the application will be notified. An alternate date was set for April 10. During public comments, Tim Stoker reported his property is adjacent to the golf course, opposite the third hole on the east end. He questioned what thought has been given to the use of the aquifer and what affect it will have on the wells in the area that are adjacent to the club. The aquifer was noted to run northwest to southeast. Gaffron said the issue was briefly addressed in the EAW and would require an appropriations permit. Marshal Braman said the well was already in place and was surficial in that it was only 80' deep in relation to other area wells that were found to be much deeper. The well is a 10" well. Braman said the well was tested at 750 gallons per minute with a 10' draw down, which he felt was insignificant. Braman said he did not believe the well would be an issue as it is in a sandy formation. There will be a 4" well for domestic use at the maintenance facility. 12 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (94 - #2209 Spring Hill Golf Club - Continued) Chuck Plante said the EAW document noted the well to be 178'. Braman said that the well is drilled down to that depth but was finished off at 80'. Gaffron recommended the City Engineer review the issue. Stoddard inquired what the use would be of the well. Braman said it would pump 500- 600 gallons per minute to the irrigation pump and would come out of the pond at a higher rate. The reservoir would fluctuate with higher use in the evenings. It is unknown how often it will run; but Braman said during the first year of use for developing plant growth, it was expected to run 70 -80% of the time. Dick Krueger, Willow Brook Drive, voiced concerns with the thoroughness of the EAW. He noted the response of the DNR regarding the Big Woods and concluded that they did not know where the golf course was going to be placed in relation to the Big Woods. He said he contacted the DNR, who he said were surprised by the location of the course. Krueger said he was concerned that Schoell and Madson did not bring the issue to the attention of the DNR. Lindquist informed Krueger that such concerns were why the application process was going at a slow pace. • Krueger said he contacted the Audubon Cooperative Sanctuary of which he is a member. He was informed that the sanctuary was not linked to golf courses. Krueger said the sanctuary is not part of the National Audubon Society. McMillan informed Krueger that the New York chapter of the Audubon Society, and not the national organization, set up the sanctuary program in order to minimize problems regarding pest control, water control, and impact on wildlife by assisting golf courses to become more environmentally friendly. She said the sanctuary was a conservative bent of the Audubon Society, which has changed over the years from a bird watching organization to one concerned with environmental issues. Krueger said he did not believe the Audubon Society would approve of the destruction of the Big Woods. • Krueger expressed concern regarding wetlands adjacent to the property not being addressed in the review. He questioned what effect the club would have on these wetlands. He is concerned that a dam would decrease the amount of water in the wetlands on his property. He said it was not addressed in the EAW. McMillan said she also would like to see an analysis of that issue regarding the effects the club will have on neighboring properties. Braman said the drainage system study was a part of the evaluation. Lindquist asked for a simplification of the study at the continuation meeting. Braman said he or the hydrologist would supply that information. 13 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#4 - #2209 Spring Hill Golf Club - Continued) Krueger asked about the effect on the oak trees from the construction noting oak trees should not be impacted from mid -April to July due to the ease in spreading oak wilt. Crosby said this issue can be dealt with noting the number of oak trees was small and the majority of the trees are maple. Crosby also addressed the concern regarding the DNR's knowledge of the location of the Big Woods in terms of the project. The DNR did believe it ended at the Orono project. Crosby said they have treated both areas in Orono and Medina as being part of the Big Woods. Crosby said Braman had spoken with the DNR and gave them additional information dealing with the issue. Gaffron indicated the EAW included maps that related the location of the Big Woods and what impact the club would have on the Big Woods. Stoddard questioned whether there was any information in the EAW regarding any threat to endangered species. He inquired when the inspection of the property was made and any effects found. Braman said inspections were conducted in September, October, and November. He said he did not find spring blooming plants. He said the DNR informed him that the deer have eaten the plants due to the lack of shrub canopy. Braman said the density of the trees was such that there was little under growth. Braman said the Big Woods does not house any endangered species. Braman said he looked at the overall • value of the Big Woods as undisturbed land with wetlands as breaks. Braman said he does not anticipate any further field work. Krueger commented that there were spring blooming plants found in the property. • Smith moved, Berg seconded, to continue the application to the Planning Commission meeting of March 31. Vote: Ayes 5, Nays 0. (Items #5 and 6 follow Item #1.) ( #7) #2216 WINSTON AND BARBARA. ADAMS, 3195 CASCO CIRCLE - VARIANCE - PUBLIC HEARING 9:46 -10:11 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present with contractor, Steve Boone. 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 •( #7 - #2216 Winston and Barbara Adams - Continued) Van Zomeren reported that the application is for variances to lot width, side yard setback, hardcover, structural coverage, and average lakeshore setback to remove the existing residence and construct a new residence. The property is located in the LR -1C Zoning District. The property meets the lot area standards. The lot width is 90' where 100' is required. A 7.14% hardcover variance is requested in the 0 -75' setback and a 18.58% variance in the 75 -250' setback. The pool area, which includes the deck and patio, is 1.507 s.f. Since the pool is larger than 1000 s.f., a 30' side setback is required. The structural coverage is proposed to increase from 18.09% to 23.02 %. Van Zomeren noted that the driveway encroaches into the 10' side yard setback and must be located at least 5' from the property line. The garage will include side facing doors. Van Zomeren indicated that the building inspector has recommended the removal of the boat house. She also noted that the applicant will maintain a 60' strip of land, a fire lane, adjacent to this property which consists of a treed grassy area. Steve Boone showed the layout of the property and the proposed improvements. He indicated the house and garage are within the code requirements. Boone said the driveway will be corrected to the 5' distance from the property line. He noted the patio and deck area of the pool are what result in an encroachment. A hard, mechanically • engineered maintenance cover will be installed over the pool resulting in no need for fencing. He indicated the neighbors have no problem with the location of the pool. Boone said he is willing to reconfigure the pool. 0 Mr. Adams said the pool is required to treat his medical condition. He asked that his future maintenance of the fire lane be considered. Adams said the improvements will not change the existing grade of the property. McMillan inquired about the mechanical pool cover. Adams said the code does not require a fence. Lindquist asked if the applicant was willing to remove the boat house. Adams said he would be willing to do so. Lindquist asked that the hardcover be reduced to the 36% percentage now existing through a reduction in hardcover and structure. Lindquist informed the applicant that the 60' wide public property cannot be taken into consideration and informed the applicant that he is not required to maintain that property. 15 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 ( #7 - #2216 Winston and Barbara Adams - Continued) Adams expressed his concern with the limitations placed on the property in relation to the expense of the land itself. Lindquist explained the code in relation to lot size and structural coverage. Stoddard explained that when existing residences are torn down, the property is viewed as a vacant lot subject to zoning requirements. Adams said he was unable to accept the limitations placed on the property regarding allowable structure. There were no public comments. Lindquist moved, Smith seconded, to deny Application #2216. Vote: Ayes 5, Nays 0. ( #8) #2217 JOHN TIMMESH, 1945 FAGERNESS POINT ROAD - VARIANCES - PUBLIC HEARING 10:11 -10:38 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported the property is located in the LR -1C Zoning District. The property is 0.39 acres and does not meet the 112 acre minimum. The applicant is • proposing to add a 18'x3 P storage addition to the existing garage. This proposal requires variances to hardcover, structural coverage, and rear yard. The structural coverage exists at 18.9% and would increase to 22.1 % for a 7.15% variance. Van Zomeren noted that there are two separate parcels being considered and would require a combination for the credits shown to be given. Van Zomeren said Staff suggests the shed be removed. The shed currently encroaches into the side and rear yard. The pool exceeds the 1000 s.f limitation but was installed prior to the 1986 requirement for a 30' side yard. Van Zomeren noted that the property files show that no permit was taken out for the porch addition and would affect the rear yard setback. Since the garage addition is for storage, no driveway is proposed. Van Zomeren indicated that a future driveway would impact the hardcover amounts on the property. She also voiced concerned that a future owner may want to add structure over the proposed storage area. • Smith noted that the City has allowed garages to be built without driveways in the past. She indicated that there was still an increase in the lot coverage and hardcover and questioned what would preclude the storage area from being used as a garage in the future. 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 • ( #8 - #2217 John Timmesh - Continued) The applicant, Mr. Timmesh, said the garage space was for parking his snowmobile, tractor, lawn equipment, and extra car, and would not be used on a daily basis for driving in and out. He would drive the extra car in and out when it was being stored. Timmesh said the design does not lend itself to a second story at this time. He indicated that a second story would not affect the lake views of any neighboring properties. He said he would agree to restrictions placed on him regarding limitations to what he can do but would not want such restrictions placed on future owners. Smith inquired whether the calculations included the removal of the shed. Van Zomeren indicated that they did not. Timmesh said the 83 s.f shed was used for storage of pool supplies. Van Zomeren noted the small percentage changes made by the removal of the shed. Timmesh was asked if he would consider combining the two parcels. Timmesh said he was concerned with the real estate taxes increasing as a result of the combination. The calculations require refiguring due to the parcels being separated. It was also difficult to calculate the percentages with and without the combination due to the road being located between the two parcels. Lindquist suggested the application be tabled to allow • for recalculation. The Commissioners agreed that the hardcover and variance amounts need to be reduced and the shed removed even with the parcels being combined. The ramifications of combining the two parcels in terms of real estate taxes will be determined. Lindquist moved, Stoddard seconded, to table Application #2217. Vote: Ayes 5, Nays 0. (#9) #2219 PENNY SAIKI, 2874 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING 10 :38 -10:47 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. • 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 • ( #9 - #2219 Penny Saiki - Continued) Van Zomeren reported that the property is located in the LR -1C, 1/2 Acre Zoning District. The property is 0.337 acres, which is less than the required minimum. The location of the property and access was explained for the proposed relocation of the existing garage and reconfiguration of the driveway for two curb cuts to improve the ingress /egress. There will be a separation area between the house and garage. Van Zomeren said the 10' separation will need to be verified. The proposal meets structural coverage and hardcover requirements. The variance is to allow the garage to be located forward of the principal structure and less than 30' from the front property line. There is also a safety issue as a result of the curve in the roadway at the property location. Van Zomeren said Staff recommends approval of the two curb cuts. McMillan inquired about the location of the utility pole. There were no public comments. Smith suggested the garage be moved back somewhat. The applicant explained the problems which would occur by such a change. McMillan moved, Berg seconded, to approve Application 42219. Vote: Ayes 5, Nays 0. • (#10) #2220 WILLIAM AND KAREN PETERS 1950 CONCORDIA STREET - VARIANCE - PUBLIC HEARING 10:47 -10:58 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the property is currently vacant, and the applicant is proposing construction of a new residence, which will require a variance to the average lakeshore setback by the design of the proposed deck. The property is located in the LR -1 C, 1/2 acre zoning district. The proposal meets the lot area and yard standards. A height variance will be required to the 30' standard. The lot is unusual in that it has one front yard and two side yards. As a result, any change to the proposed garage location would affect the yard along Concordia Street which is a front yard for adjacent properties and is not recommended. The parking pad proposed at 20' is necessary for safety reasons. 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 i ( #10 - #2220 William. and Karen Peters - Continued) Peters said the angle of the home was developed to fit in with the lot. He is requesting the deck in order to enjoy views of the lake. The proposed residence is set back as far as possible without disturbing the parking pad area. Peters said he is also attempting to save a large basswood tree by maintaining a 10' separation. He said while the average lakeshore setback will be encroached, it will have no affect on his neighbor's lake views. He verified the need for a height variance of 1'4" to allow the observatory. He indicated he reduced the height from 32'5" to 31'4" by changing the floor trusses and roof pitch. During public comments, John Timmesh reported that he was the neighboring property whose site line would be considered and voiced approval of the proposed construction. McMillan moved, Berg seconded, to recommend approval of Application #2220 for average lakeshore setback and height variances to construct a new residence on the vacant lot. Vote: Ayes 5, Nays 0. ( #11) #2221 SVEN A. WASBERG AND ARLENE DECANDIA, 3115 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING 10:58 -11:12 P.M. The Affidavit of Publication and Certificate of Mailing were noted. • The Applicant resent. PP was P Van Zomeren reported that the property is located in the LR -1B Zoning District requiring 1 acre, sewered, and 140' width. The property is substandard at 0.439 acres in area and at an 80' width. The property is adjacent to a lagoon resulting in the entire lot being within the 0 -75' lakeshore setback. The unusual lot also affects the average lakeshore setback. In addition to lot area and lot width variances, the location results in the need for hardcover, average lakeshore setback, and side yard setback variances. A conditional use permit may also be required for excavation and fill in the 75' setback area. Van Zomeren indicated the flood plain protection elevation calls for 932.5'. The applicant stated that the proposal will decrease the existing hardcover. He indicated he also owns the property next door to the subject property across the lagoon. Wasberg said he would reduce the size of the driveway and patio areas. The new residence will be smaller in size than the existing residence and within the same footprint. The garage will be built on existing hardcover. The design of the new residence was displayed. During public comments, the neighbor to the east strongly objected to a 2 -story residence. She said the current home is a single -story rambler and any deviation from that design is would affect her views. 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 0 ( #11 - #2221. Sven Wasberg and Arlene DeCandia Continued) Lindquist reported that since the 2 -story design was within the regulations of the code, the Planning Commission had no authority to require a single story structure. McMillan asked if the new residence could be pulled back behind the 75' setback line. The location of the lagoon and driveway would not allow this to occur. It was determined that the proposed location is the only possible location for a home on this particular lot. Detailed grading and elevations will be required to determine the need for a conditional use permit for excavating or filling in a flood plain area. Lindquist moved, McMillan seconded, to table Application #2221. Vote: Ayes 5, Nays 0. ( #12) #2223 LAKE MINNETONKA BIG ISLAND VETERAN'S CAMP - CONDITIONAL USE PERMIT - PUBLIC HEARING 11:12 -11:16 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. • Van Zomeren reported that the property is zoned Recreational Seasonal. The overnight camp is requesting an amendment to the CUP to allow a cabin to be relocated from the north side to the south side of the property. The approval will include the cabin location, the floor plan improvement, and verification that the placement of the cabin is outside of the 0 -75' setback. Staff recommended approval. McMillan moved, Smith seconded, to approve Application 42223 subject to the conditions that the applicant continue to meet all of the conditions of their permit and further, the applicant shall submit a certified survey of the area where the cabin will be relocated to verify that the cabin is not in the 0 -75' setback area from the shoreline. Vote: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS ( #13) REPORT BY PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF FEBRUARY 24, 1997 AND MARCH 10, 1997 Smith reported that the access issue for Saga Hill is a continuing issue. Gaffron indicated that an application is being submitted regarding development of the Morgard property, northeast of the City park land parcels, which may affect the access issue. The application will also involve rezoning and MUSA line issues. • 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 •( 913 - Planning Commission Report - Continued) Smith presented information distributed by Park Commissioner White regarding urban sprawl in the western U. S. ( #14) OTHER ISSUES FOR DISCUSSION An open house recognizing Jeanne Mabusth for her years of service to the City will be held on Friday, March 21, 1997 from 3:00 -4:30 p.m. ADDITIONAL ITEMS ( #15) PLANNING COMMISSION APPROVAL OF MINUTES OF THE FEBRUARY 18, 1997 MEETING McMillan moved, Smith seconded, to approve the Minutes of the Planning Commission Meeting of February 18, 1997. Vote: Ayes 5, Nays 0. ( #16) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF MARCH 24, 1997 AND APRIL 14, 1997 • Berg ill attend the March 24 Council Meeting. Lindquist will attend the April 14 g g Council Meeting. r� u ADJOURNMENT Berg moved, Lindquist seconded, to adjourn at 11:28 p.m. Vote: Ayes 5, Nays 0. n Dale Lindqu' , Ch 'r Pe son 21