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HomeMy WebLinkAbout05-19-1997 Planning Commission MinutesORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 199 1"7 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Janice Berg, Elizabeth Hawn, William Stoddard, and Lill McMillan. The following represented the City Staff: Assistant Zoning and Planning Administrator Michael Gaffron, Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, and Recorder Sherry Frost. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS /PUBLIC INFORMATION REVIEWS ( #1) #2165 CITY OF ORONO - PRELIMINARY SUBDIVISION NORTH OF TONKAVIEW LANE - 7 :01 -7 :08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron reported that the application is for a metes and bounds division of property west of unimproved Garden Lane with park parcels to the east. The subdivision is in response to a request from the Valek's who previously owned the tax forfeit parcel. A portion of the property is used as a yard and for their drainage system. The Valek's asked the City to • separate this 1/2 acre parcel from the tax forfeit parcel so they may reacquire the property. This division will not affect the park property as the City plans to access the park property from Garden Lane in the future. The City felt this request was appropriate and Staff recommends approval. The Valek's were not present. There were no public comments. McMillan inquired about vacation of the right -of -way. Gaffron informed her that a vacation is not part of the application. The Valek's have proposed to acquire some neighboring property and will likely ask for the vacation at the time of subdivision. She was also informed that the Valek's will most likely create one new building site in the future. Schroeder moved, Smith seconded, to approve the proposed metes and bounds subdivision to separate a half -acre parcel for potential future acquisition by adjacent property owners. Vote: Ayes 7, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • PUBLIC HEARINGS ON ZONING AMENDMENTS ( #2) TELECOMMUNICATIONS ORDINANCE - ESTABLISHING REGULATIONS FOR ANTENNA TOWERS AND LOCATIONS - 7:08 -7:56 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The application had been tabled at the April Planning Commission Meeting to allow for the City Attorney to advise the Planning Commission regarding this issue. A letter is included in the package from City Attorney Radio. Van Zomeren noted that the City expert retained by the City in this field, John DuBois, was unable to attend. Van Zomeren reviewed the ordinance which is the same as previously reviewed with some new language added. Van Zomeren informed the Commission of what is included in telecommunication services, why there is such a demand for antenna placement, and the types of antenna structures. Telecommunications is a line of sight technology. Vendors may co- locate on an antenna structure but each subsequent vendor must meet certain criteria to show that the structure can handle the additional antenna without affecting the other antennas on the structure. Van Zomeren said industry companies would prefer to use existing structures rather than erect their own structures due to the high cost. • The ordinance would allow PCS wireless placed on municipal structures as a secondary use in the RR -1B Zoning District under administrative permit. The ordinance would generally not allow such use in residential areas. The commercial and industrial areas would allow secondary use on municipal structures only. The structures meeting such criteria include the two water towers, one by the City Offices and the other in Navarre. Each water tower could hold up to three vendor's antennas. The ordinance would be a start in providing such services in Orono. Van Zomeren said additional sites can be addressed in the future. The draft minutes from the Council meeting regarding this issue was given to the Planning Commission members. Representatives from several PCS companies were present. Van Zomeren said Staff recommends approval of the ordinance noting the moratorium expires on June 10, 1997. The meeting was opened to public comment. Michelle Johnson, zoning coordinator for APT, 1701 East 79 St., asked to address the Commission. Johnson said she believes the ordinance is problematic due to the limiting of antennas to the two municipal structures. While indicating her company is not currently seeking location for antennas in Orono, they will probably require one site in the City in the near future. Johnson indicated the City may not act so as to prohibit antenna placement within the City. She said the towers only allow limited space and questioned • whether they can actually accommodate antenna usage. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #2 - Telecommunications Ordinance - Continued) Johnson said she felt it would be reasonable for the City to allow antennas as a conditional use in industrial and commercial zones. She asked to meet with Staff and Planning Commission to discuss her company's viewpoint in a work session in order for the City to gain a better understanding of the industry needs. Hawn indicated that the moratorium is ending on June 10. She said the ordinance could be further reviewed after passage and amended if necessary. Johnson said she preferred the moratorium be extended to allow for further consideration of the ordinance. Hawn noted that the ordinance has also been extended. Van Zomeren said the City needs to act in a timely manner. Schroeder referred to comments made by City Attorney Radio in his letter responding to this issue. it is Radio's legal opinion that the ordinance is satisfactory. Van Zomeren said the City's expert, John DuBois, who is a radio frequency engineer sees the ordinance as phase one. Van Zomeren said she understood the need for a work session but felt the process should be allowed to begin. Van Zomeren noted she and Greg Gappa have attended a training session regarding this • issue. Discussion included the need to start acting on this issue immediately. Van Zomeren said the demand for the services is not yet known and a work session could further review the uses and needs. Lindquist noted that both the City Attorney and consultant recommended approval of the ordinance. He felt the issues could be refined at a work session. Schroeder noted that Radio indicated the City could probably prohibit antennas in residential zoning. He noted the industry would like to have maximum flexibility but the City does not want antennas placed in certain areas of the City. He also indicated that service can be provided from towers in other surrounding communities as well. Van Zomeren said she felt the ordinance will work. She noted that it may not be adequate in the future but this could be addressed later. Stoddard asked to schedule a work session with the Council. Lindquist suggested recommending approval and scheduling the work session for June. Michelle Johnson saw the passage of the ordinance as a drawback. She questioned if an application is made and the antennas cannot be placed on the noted structures, the issue would require litigation. • MEV4UTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 ( 92 - Telecommunications Ordinance - Continued) Schroeder informed her that this was not necessarily true. He said he felt the water towers would be adequate for antennas for the time being. He also indicated other communities could provide the service. McMillan asked if any assessment has been made of the water towers. Van Zomeren indicated that while no analysis has been made, the consultant was aware of the height and location of the water antennas. Gappa said the consultant based his use recommendation on data indicating the four mile distance separation between the water towers and on areas of heavy telecommunication usage and high topography. Gappa said, while the structures were not personally reviewed, there was no reason to believe antennas would not operate from these locations. McMillan noted that the City, which is primarily residential, is concerned with the proper placement of antennas. Steve Mangold, US West Wireless, 426 North Fairview, St. Paul, said his company has a central office located south of the water tower by City Offices. A switch has been located there since the 1950's, which will provide for PCS services to Orono, Wayzata, Long Lake, and Spring Park. This switching station is an extension of their business and service, and Mangold was of the opinion that the location for providing such service should be from this central office of US West. Mangold indicated that all calls come • through this switch regardless of the company. He said it is a secure location with adequate protection from major calamities. Mangold said he would like to work with the City. He would like to see a co- location pole on the switch station for overflow. He indicated his company does not anticipate further growth until later in the year. • Van Zomeren inquired of Mangold how tall the tower would be required. Mangold said 90 -120' depending on co- location. He indicated that drive tests have not been completed. McMillan inquired what the zoning was for the switch station. Gaffron indicated B -1. Ron Gunderson, Sprint, said he is in favor of the ordinance with the caveat that the City would be willing to enter into further discussion in the future. He felt the ordinance would not provide for all carriers. He noted other communities which he has worked with regarding this issue and where antennas are allowed. He indicated that Sprint will be requesting location on the City Offices water tower. Smith noted that the industry is in the current stage of locating towers for antennas. Van Zomeren said the FCC has auctioned off licenses; A and B licenses were sold in the early 1990's and C, D, and E licenses were recently made available. She noted it would be a violation of the anti -trust law to master plan locations and grid the City for best locations; co- location may occur on a site -by -site basis but companies may not work together. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 0 ( #2 - Telecommunications Ordinance - Continued) Lindquist inquired of Commission members whether they would prefer tabling the ordinance or passing the ordinance and scheduling a work session. Schroeder preferred to pass the ordinance. Van Zomeren referenced response #2 of the telecommunications act, noted in section 704 on page 3. She indicated there is a risk of prohibiting antenna location if the water towers prove inadequate but noted that the City Attorney and consultant were of the opinion that the ordinance was not prohibiting the service and in fact, making the service initially available. Van Zomeren did note that the switch station location would not be allowed under the ordinance. Stoddard suggested passing the ordinance and then reviewing the subject. He said he is relying on the advice of the City Attorney. Stoddard moved, Smith seconded, to recommend approval of the ordinance and scheduling of a work session with members of Council, Planning Commission, Staff and industry representatives with the understanding that the ordinance may require amending. • McMillan questioned the zoning of the water tower on Hwy 12. Van Zomeren indicated the zoning is RR -1B. She questioned whether there were other locations that could be opportunities for such antenna placement in the RR -1B. Van Zomeren said there were no other municipal structures. McMillan questioned what is considered a municipal structure. Schroeder suggested tabling the issue. McMillan suggested these concerns regarding definition be expressed to the Council. Hawn suggested the wording of the ordinance be changed to "water tower" instead of municipal structure. Stoddard amended his motion, Smith seconded, to reflect this change. Schroeder inquired why the members would like to move the ordinance forward to the Council. Lindquist noted the documentation from the City Attorney and consultant regarding the ordinance being acceptable. Schroeder agreed that the Council has the option to schedule the work session and extend the moratorium if need be. Vote: Ayes 7, Nays 0. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #3) HOME OCCUPATIONS - AMENDING DEFINITION AND PERFORMANCE STANDARDS FOR HOME OCCUPATIONS - 7 :56 -8:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Van Zomeren suggested to Lindquist that this item be tabled due to the need for additional information. She noted agenda item #9 is affected by the home occupation licensing. Lindquist informed Mr. Holzer that his application would likely be tabled due to the need for the Commission to further discuss this issue. He asked that Mr. Holzer present his comments at that time. Van Zomeren said she would like to present the benefits of home occupation licensing, use of accessory structures, employees, and zoning ordinance list of allowed occupations. This item includes many issues that will require further discussion. Lindquist suggested a work session be scheduled later in the meeting. ACTION ITEMS (#4) 02182 HERBERT TERRY OLSON, 3640 BAYSIDE ROAD - VARIANCE AND CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING • - 8 :01 -8 :21 P.M. The Applicant was present. Jane Olson reported that the application is for variances and conditional use permit to rebuild the existing two car detached garage in the same location. Van Zomeren indicated the accessory structure is located on a thru -lot with roads on both sides. Maintaining the garage in this location requires a CUP. The variance is for reducing the street setback from 50' to 9. The discussion from previous Planning Commission review is included. The garage was at that time proposed for location 6' to the east but presented a problem with the sewer. Van Zomeren reviewed the three options available as well as the previous recommendation. It was noted that this proposal presents a different replacement situation but does not meet the hardship criteria. Lake views would be impacted if the garage was located elsewhere on the property. The length of the driveway is not considered a hardship. Mrs. Olson had no additional comments at this time. Smith clarified that the intention of the applicant is to rebuild the garage as is currently • stands. R MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 (94 - #2182 Herbert Terry Olson - Continued) Stoddard inquired of the garage's distance from the roadway. Van Zomeren indicated it is 9' from the lot line. Mrs. Olson said there is an additional 6 -7 past the back -out area from the road itself. There were no public comments. Hawn stated she was supportive of the replacement of the unsafe garage noting it would have created problems to change the location. Hawn noted the applicant does not wish to move the garage to the north. Mrs. Olson indicated that it would require excavation to locate the garage and turn - around to the longer driveway off of Stubbs Bay Road. A paved driveway would also create an added expense. Olson said the garage is also used for boat equipment storage. McMillan asked if there were any drainage problems. Mrs. Olson said water will occasionally pool when it runs down and around Stubbs Bay Road but does not present a problem. Schroeder inquired why the garage needs to be replaced. Mrs. Olson said the concrete blocks are cracked and floor is heaved. The garage is at least SO years old. She believes • current construction methods will create a more stable garage. The Olson's are contracting the work out. The walls will be replaced. • Lindquist asked that the plans be submitted. Van Zomeren indicated the plans will be a condition of the CUP. Schroeder moved, Lindquist seconded, to approve the replacement of the garage in the exact location with a 9' street setback and submission of plans as approved by building inspector and coinciding with current footprint and height. Smith inquired why the Commissioners are taking a different position than that previously taken. Schroeder responded that the concerns were attempted to be met. Lindquist indicated that the Commission usually allows replacement of a detached garage. Smith said this does not always occur. McMillan noted the need to review the hardship issue. She indicated the circumstances do not satisfy the criteria. McMillan said tear -downs are usually required to be placed in conformity with setback requirements if adequate space is available. Stoddard asked the applicant about the cost to move the garage and sewer line 6'. Mrs. Olson said they felt the cost would be substantial. W MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • _ {#4 - #2182 Herbert Terry Olson Continued) McMillan questioned whether cost estimates should be gathered for placement of the garage near the home. Mrs. Olson said it possibly would involve moving the well depending on location and disturbing the landscaping and sidewalk. Smith asked if there was an acceptable location where the well would not be affected. Mrs. Olson said there was but it would require further excavation. McMillan asked if there were other garages located along Bayside Road similar to the applicant's. Van Zomeren said there were no large garages but some storage structures. McMillan questioned whether this replacement is in keeping with the neighborhood. Sherokee Ilse, 3613 Eileen Street, said she lives on the back side of the applicant's property and has a dock on Bayside. She noted the quaintness of the house in its picturesque setting on the hillside. She felt the garage was tucked into the hill and fit its surroundings. A change would alter the look. She noted a neighbor removed trees to enjoy the lake view. Ilse said the neighborhood supports the garage replacement and prefers its location. Hawn asked that the City Engineer review the plans for drainage and structural integrity. Hawn said she would have preferred to see the plans. Schroeder asked Hawn what her • concerns were. Hawn said the cement block has cracked indicating a possible water problem from the hillside and is concerned with the same problems reoccurring. Mrs. Olson said the problems are due to the age of the garage and settling. • Schroeder amended his motion to include City Engineer review of structural and drainage issues. Vote: Ayes S, Nays 2, Stoddard, Smith. Smith noted the proposal presents a difficult decision but felt the applicant had been asked to consider a more desirable location. A location change would not affect the well or lake views. Smith does not feel the proposal is much different than that previously proposed. Stoddard said the hardships are not convincing and no attempt was made to obtain cost estimates for moving the garage 6' as requested. Mrs. Olson said her husband may have done so but determined the cost was too high. Smith indicated this information would have aided the applicant. Schroeder suggested the information be available for Council review. Van Zomeren noted the application will be presented to Council on June 9 and asked applicant to have requested information submitted by June 1. McMillan asked what would occur if the City Engineer found a problem with drainage or structure. Van Zomeren said the application would go to the Council with that additional information and possibly may need further Planning Commission review. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • DECANDIA 3115 NORTH ( #5) #2221 SVEN A. WASBERG AND ARLENE , SHORE DRIVE - VARIANCES /CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING - 8:21 -8:37 P.M. 0 The Applicant was present along with Architect, Michael Sharratt. Van Zomeren reported that the plans have been revised. The proposed residence will be oriented differently. She indicated there is some calculation information still required. The revised plan has pulled the residence back further on the lot but still encroaches the 75' setback. Side yard, hardcover, and average lakeshore setback variances are required as well as lot area, lot width, and a CUP for excavation in the 0 -75' setback. Van Zomeren said the applicant and architect met with Staff regarding concerns. As a result, there is a 450 s.f reduction in hardcover and the residence will be located 16' further back from the lakeshore. A smaller turnaround area is planned. The applicant indicated the first floor will be 1200 sT Mike Sharratt corrected that amount to 1305 s.f. of occupied space (not including garage) noting the current residence exists at 1375 s.f The neighboring home to the east is located 54' away with trees masking the view. Lindquist noted that the neighbor to the east had originally objected to a second story. The applicant said the second story is built into the roof line and this neighbor's home is also a two story. The two -car garage will be increased about 500 s.f. from 20'x24' at 1800 s.f located behind the 75' setback. Sharratt noted two different schemes were presented. Proposal A would have 32.871/o hardcover; current proposal B is 32.89 %, and 28.72% with a short driveway. The total finished area is 2400 s.f with two stories and no basement. The soil requires the home built on pilings placed 35 -50' deep. Other homes in this area also are on pilings. The current residence shows signs of aging and deterioration. The architect said he recommended removal of the existing residence as the foundation would not hold a second story or possibly further improvements. There were no public comments. Hawn inquired about the traffic pattern for the property. Sharratt explained how the driveway would operate noting its minimal amount. It was suggested the City Engineer review the driveway. McMillan was informed that the side yard setbacks would be at 4' on the east and 6' on the west. The current residence is at 1.5' on the east. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 0 ( #5 - #2221 Sven Wasberg - Continued) Lindquist noted that the applicant is allowed 1500 s.f minimum for principal structure and garage. Sharratt noted this amount is determined by lot area which will allow for 2500 s.f meeting structural coverage requirements. Schroeder noted the lot configuration as the hardship. Lindquist moved, Schroeder seconded, to recommend approval of Application #2221 with conditions as noted subject to submission of large set of plans. Vote: Ayes 7, Nays 0. (#6) #2230 GEORGINA HACKNEY, 2184 SHADYWOOD ROAD - VARIANCE - PUBLIC HEARING - 8:37 -8:39 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application was sent back before the Planning Commission due to an additional variance required for a porch. The Planning Commission previously approved the variance for the kitchen with interior staircase. The hardcover will increase • from 25.1% to 25.8% in the 75 -250' setback to allow for a front entry and kitchen addition to the existing residence. A side yard variance is also required. The plans for the improvements are part of the package. The applicant had no further comments. There were no public comments. Stoddard clarified that the only difference in this request is the porch. Smith moved, McMillan seconded, to approve Application #2230. Vote: Ayes 7, Nays 0. ( #7) #2231 EVAN ANDERSON, 1260 SPRUCE PLACE - VARIANCES - PUBLIC HEARING - 8:39 -8:42 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that it was difficult to determine whether a variance was required. The 75 -250' hardcover variance is for a front porch over an existing concrete slab. The applicant clarified that it was actually a roof over the front entry stoop and wording was • changed to reflect that notation. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #7 - #2231 Evan Anderson - Continued) There were no public comments. Stoddard noted the necessity of having a covered entry during the winter months. Stoddard moved, Berg seconded, to approve Application #2231. Vote: Ayes 7, Nays 0. (#8) 42232 WOODSMITH, LTD., 1520 FOX STREET - VARIANCES - PUBLIC HEARING - 8:42 -8:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants, Allegra and Paul Parker, were present. Woodsmith, LTD., is the contractor for the application. Van Zomeren reported that the property address is Fox Street but access is gained from a private road. She indicated the property is an unusual shaped lot. The proposal is for enlargement of the master bedroom for additional closet space and rearrangement of bathrooms. The floor plans and elevations were shown. The proposal requires a side yard variance from the 30' requirement in the RR -1B Zoning District. The existing structure . does not meet that requirement, and the improvements cannot be located elsewhere. Van Zomeren indicated Staff recommends approval noting acknowledgment letters received from the neighbors supporting the improvement. The applicants reported that they recently purchased this property but have lived in Orono for 34 years. There were no public comments. Smith moved, McMillan seconded, to approve Application #2232. Vote: Ayes 7, Nays 0. (#9) #2233 WALTER HOLZER,1130 NORTH SHORE DRIVE WEST - VARIANCES - PUBLIC HEARING - 8:45 -8:59 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1 997 0 (#9 - #2233 Walter Holzer - Continued) Van Zomeren reported that the applicant is seeking a height variance to allow for construction of an accessory structure that would provide storage for his business, an office, and bathroom. There is considerable distance between the residence and proposed accessory structure. The applicant has also applied for a home occupation license. Code requires an accessory structure to be the same height or lower than the principal structure. The residence was built in the late 1800's and is short in stature. Van Zomeren noted that the principal structure does not have an attached garage. Van Zomeren agreed that the height variance makes sense but resolution of the home occupation license must first occur. Lindquist informed the applicant that no action will be taken on this application due to the home occupation licensing issue. He asked for applicant's comments. Holzer said the distance between the two structures is to maintain the character of the house which has a shallow pitched roof. He would like to add on to the home at some time in the future. Lindquist noted that a bathroom is also not allowed in an accessory structure. is Holzer said he is self - employed and would also use the space for displaying of a collection and office. The main purpose is to store his plumbing equipment. Lindquist informed Holzer that he would probably have a problem with running the business from his home. Holzer questioned where the fine is drawn from that of a safes person using garage for storage of business items. Lindquist advised Holzer to attend the work session regarding home occupation. Smith noted that if the applicant was using the space for storing cars it would not present a problem. She noted the number of oversized garages and guest houses in Orono. McMillan noted that economic hardship is not a valid reason for requesting a variance. Stoddard indicated that the work session will review the differences in how people now conduct business. He noted that aesthetics and use are key issues. He asked how large the accessory structure would be. When informed of the size, 1200 s.f., Stoddard stated a variance would be required from the 1000 s. f. allowable. Lindquist reported that the two issues are the size of the accessory structure requiring a CUP and home occupation license. Van Zomeren said the application requested a variance approval only and the CUP would have to be reviewed. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 0 (#9 - 92233 Walter Holzer - Continued) Schroeder moved, Smith seconded, to table Application #2233 to gather additional information and further discuss the home occupation licensing. Vote: Ayes 7, Nays 0. Van Zomeren will notify applicant of time and date of work session. ( #10) #2234 DOUGLAS E. WALDOCH, 4215 NORTH SHORE DRIVE - VARIANCE - PUBLIC HEARING - 8:59 -9:02 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the property is located in the LR -1B Zoning District requiring one acre lots. The property is substandard at .664 acres and at a lot width of 56' at lakeshore and 95' at front setback, where 140' is required. The applicant proposes to remove and reconstruct a new residence which will require a lot area and width variance. The location will improve the garage location, street setback, and structure's proximity to side lot line. Van Zomeren indicated that Staff recommends approval. The applicant had no comments. • Schroeder asked if the new residence is the same size. Van Zomeren said it was not calculated as no variance is required. Smith noted that the proposal is for a two -story residence in contrast to the current one story. Van Zomeren indicated the neighbors have voiced their support of the proposal. Smith questioned whether the property will be landscaped between the driveway and property line. She was informed that this is not required. McMillan noted the driveway and curb cut was approved. Smith moved, Hawn seconded, to approve Application #2234. Vote: Ayes 7, Nays 0. ( #11) #2235 MARTIN B. SCHNEIDER, 2180 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT AMENDMENT - PUBLIC HEARING - 9:02 -9:33 P.M. The Affidavit of Publication and Certificate of Mailing were noted. 0 The Applicant was present. 13 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 ( #11 - #2235 Martin Schneider - Continued) Van Zomeren reported that the application is for an amendment to a conditional use permit originally issued in 1984 to allow for a non - conforming use of the structure as an arts school. The current proposal is a change from one non - conforming use to another use by the Lake Minnetonka Environmental School. The change of occupancy changes the Building Code classification from B2 to E2 which requires improvements to the building for handicap access and life safety standards. Van Zomeren asked the Commission to review hours of operation and parking that would result in any new impacts. Van Zomeren said Staff recommends approval of the amendment to the CUP subject to standards and conditions 1 and 2 regarding certificate of occupancy and amendment if any changes occur to the CUP. Review of the plans are also required. Martin Schneider informed the Commission that the building is the Old Hill Schoolhouse. He explained the background of the building and its use by the art center. He sold the building in 1994 but gained it back in February, 1997. Schneider said he does not believe there is any change in the occupancy. He indicated the age group had not been previously specified. B2 allowed for adult education but children were the majority attendants. Schneider said the change in occupancy will require the fire code regulations to go into effect requiring a fire suppression system. The property does not have city water and • would require pressure tanks. While he supports the need to provide handicap access ramps and bathroom, he objects to the fire code regulation due to major expense and what he feels is not a change in occupancy. Lindquist informed him that the Planning Commission has no authority over these requirements. t Van Zomeren said no variances are allowed from the Building Code. The code requires a 2 -story structure in the E2 classification to meet certain standards including a sprinkler system. Van Zomeren referenced a letter from Building Inspector, Lyle Oman, regarding this issue. Schroeder informed the applicant that the Planning Commission is only to consider what the future use will be. If the E2 requires fire suppression equipment, children cannot be put at risk. What has occurred in the past, whether right or wrong, does not affect this application. Stoddard noted that the fire suppression system involves building code requirements beyond that required by the City. Van Zomeren noted that the art school had moved into the building without a certificate of occupancy. Letters from the Building Official had been sent to the art school regarding required improvements that were not made over a three year period. 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 ( #11 - #2235 Martin Schneider - Continued) Smith asked what the building inspector required. Van Zomeren said the building would require interior steps and a fire escape under the B2, which is not as extensive as the requirements under the E -2. Lindquist noted that the applicant questioned the classification change from B2 to E2. Schneider asked the Commission to proceed with the application as recommended, and he would work with the building inspector. Smith informed him that if the building was classified E2, there would be areas where compliance with regulations would be required. Schneider said he did not know if he could make those improvements and might possibly have to sell the property. The tank and heated building for the tank would be prohibitively expensive. During public comments, Van Erickson informed the Commission that the building is old and felt the number of fire exits was adequate for safety. He did not believe the building should be required to have a sprinkler system. There were no additional comments. Lindquist asked the applicant if he had reviewed the recommendation and conditions. • Schneider said he had some disagreement but asked the Commission to move forward, and he would work to resolve those issues. Berg inquired of Schneider if the issue was the code or occupancy. Schneider said it was the code as it changed the occupancy. Van Zomeren said the change to the CUP triggers the need for an amendment regarding occupancy and building codes. A member of the Lake Minnetonka Environmental School Board asked that the certificate of occupancy be supplied without all of the work completed as parents of the children will be performing some of the required work. Lindquist informed her that the Planning Commission does not have this authority, and the matter would have to be taken up with the Building Inspector. Van Zomeren indicated that it was a liability issue. Sherokee Ilse asked if this request was not possible, if the school could hold open houses. Lindquist again related that the Commission does not have the authority to waive Building Code requirements. Smith indicated that the interpretation of the code would be by the State. Schneider disagreed in that he felt the issue was the adult versus children occupancy. He believed the issue will have to be reviewed by the City Attorney. He informed Stoddard that the recommendation could be subject to building codes. Schroeder said he was in support of the use itself He asked if there were any significant changes to hours or otherwise. Schneider said there would be no change to hours and • people in attendance. 15 NENUTES OF THE ORONO PLANNING CON VVUSSION MEETING HELD ON MAY 19, 1997 •(#11 - #2235 Martin Schneider - Continued) Smith asked if there would be any effect on the neighborhood. Schneider said the use would not be increased and amount of parking stalls is excellent. He said he has not received any neighborhood complaints. Smith asked if the second story was not used, if the code would still apply regarding a fire suppression system. Van Zomeren said it would. Van Zomeren reported that if the application was approved, the comprehensive plan would need to be amended to reflect the change in use. Stoddard moved, Smith seconded, to approve the amending and continuation of the conditional use permit to provide for class instruction for the Lake Minnetonka Environmental School as outlined in application, subject to Staff recommendations and review of appropriate use classification and required building and State rules and regulations for appropriate use. The Staff recommendations subject the approval to the following standards: The building shall have a certificate of occupancy before the school relocates into the building. A future change in tenancy shall require an amendment to the conditional use permit. Vote: Ayes 7, Nays 0. • (The meeting was recessed for ten minutes.) ( #12) #2236 WILLIAM H. BOCKMANN,1090 LOMA LINDA AVENUE - VARIANCE - PUBLIC HEARING - 9:43 -9:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the applicant is seeking variances to street setback, side yard, and hardcover for removal of a one -car garage and replacement by a two -car garage. A lot area variance of 78.5% is required. Hardcover in the 75 -250' setback would increase from 37.2% to 38.98 %. The street setback would remain the same. Van Zomeren indicated that the lot area, width, and well location, which limits the location of the garage, are the hardships. Other homes in the area also have two -car garages. Staff recommends approval. Acknowledgment form has been received from adjacent neighbor at 1082 Loma Linda Avenue supporting the proposal. The applicant provided a letter from his neighbor indicating support for the garage to be located P from the north property line. • There were no public comments. 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #12 - #2236 William Bockmann - Continued) Smith suggested that the Planning Commission would not recommend any further structural coverage on the property. Stoddard questioned how the overhang on the garage would affect the garage location to the property line. Bockmann said he spoke with the Building Inspector and a well company who supported the 6' separation. The overhang would result in the garage being 6" from the lot line. The applicant said he would be required to install a fire wall. Hawn moved, Schroeder seconded, to approve Application #2236 subject to requirements of Building Inspector with construction of a fire wall, removal of driveway, and a notation that no additional structural coverage would be allowed or recommended by this Planning Commission. The applicant inquired whether he could maintain the driveway. He was informed that it would have to be removed. Vote: Ayes 7, Nays 0. ( #13) #2237 JIM AND ROXANNE STASIK, 1270 WILDHURST TRAIL - • VARIANCE - PUBLIC HEARING - 9:50 -9 :54 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 hardcover variance to replace an existing deck replacing structural hardcover over non - structural hardcover. Staff recommends approval. The applicant said she has worked with the building inspectors and was unaware of the requirement for a variance. The deck replacement had been stopped in progress. The deck had deteriorated and is in a dangerous condition. The deck will be replaced as it existed. There were no public comments. Smith noted the large amount of hardcover. The applicant said the residence met code when it was built. Smith noted that any additions to the home would be difficult in the future. The applicant said she has no plans to do so. Lindquist moved, Schroeder seconded, to approve Application #2237. Vote: Ayes 7, • Nays 0. 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #13 - #2237 Jim and Roxanne Stasik - Continued) The applicant requested the application be presented to Council at their May 27 meeting. ( #14) #2238 CHIC DWIGHT AND FRED GUTTORMSON,1220 TONKAWA ROAD - VARIANCE - PUBLIC HEARING - 9 :56 -10:27 P,1VL The Affidavit of Publication and Certificate of Mailing were noted. Fred Guttormson was present. Gaffron reported that the application was a two -part request. The first request was for an after- the -fat Lakeshore setback and 0 -75' hardcover variances for an enclosure of a room below the pre - existing deck. The applicant received approval for this enclosure last year with the condition that particular hardcover be removed; the condition was not met. The second request is for a 75 -250' hardcover variance for construction of a detached 30'x32' garage. The garage will be located to meet the 15' side setback. The garage meets the 10' street setback with side facing doors. Hardcover exists at 36.4% in the 75 -250' setback where 25% is allowed. The proposal would result in 35.9% hardcover with removal of a shed and portion of the driveway. A portion of the garage is over gravel. The 0 -75' hardcover exists at 10.90/o which includes an 8' gravel driveway which exhibits new gravel, • and a 4'x9' shed. Another shed appears to have been removed. Gaffron noted there is a loop driveway located in the 0 -75' setback. The deck exists at 34' from the shoreline. The enclosure did not meet building code standards and was completed without a permit. If it is approved, the enclosure would require rebuilding. A hardship statement was provided for the garage. No hardship statement was presented for the deck enclosure, but the enclosure had been approved previously but expired because the resolution was not signed and no permit was issued. Gaffron pointed out that the lakeshore deck and gravel driveway are still present on the property. Their removal was required in the previous resolution. Gaffron asked the Commission to consider whether hardship is demonstrated and if other removals should be required to reduce the hardcover. He questioned whether the loop driveway should be in the 0 -75' setback. He asked the Commission to verify that conditions of Resolution 3611 should be applied. He suggested the possibility of allowing the applicant five years in which to remove the lakeside deck. Gaffron said Staff does not necessarily recommend approval of such an amortization period but recommended conditions 1 -4 as outlined in the packet. Guttormson said he had added windows placed on the existing railroad ties to enclose the deck. He believed this would not be considered permanent as the windows are removed in is the summer months. He then found he needed an approval and the work performed to building standards. Guttormson said he would like to maintain the lakeshore deck. 18 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 ( #14 - #2238 Chic Dwight and Fred Guttormson - Continued) Schroeder was informed that Guttormson has owned the property for three years. Smith questioned why the original resolution was not signed and the gravel was not removed. Guttormson said he parks his motor home on the gravel driveway but would have removed it if the enclosure was made permanent. Lindquist asked if the applicant intends to finish the enclosure and remove the gravel driveway noting the need for a building permit. Guttormson said he would if allowed. He would also remove the driveway and reseed to the lakeshore. Lindquist inquired if the lakeshore deck would be removed. Smith noted it was a condition of the prior resolution. The applicant stated he did not complete the proposed improvements and would Iike to maintain the deck. Hawn suggested removal and sodding of the loop portion of the driveway with a back -out area behind the garage. The parking location of the RV was discussed. The applicant said the garage doors would have to be heightened. He would prefer to park the RV in the loop of the driveway. • Lindquist informed Guttormson that the intention is to eliminate hardcover in the 0 -75' setback. Guttormson said he would store the RV elsewhere during the winter months but park it on the property the two weeks each month that it was not being used. Smith inquired of the time frame if the applicant were to remove the driveway to the lake. The applicant said he would request 60 days. There were no public comments. Smith moved, Schroeder seconded, to approve Application #2238 subject to Staff recommendation #1, elimination of the loop driveway in the 0 -75' setback noting sufficient spacing for a turnaround elsewhere, conditions #2 and #3. Guttormson said he would like to remove the proposal for the garage and maintain the loop driveway. Guttormson was informed that he could present that request to the Council. Gaffron indicated the garage request could be removed from the application. Smith moved, Schroeder seconded, to eliminate the loop, with conditions 1, 2, 3, and 4. If the applicant chooses to eliminate condition #4, a permit would be required to reconstruct the garage. • The applicant said he wanted to maintain the loop driveway. 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 •( #14 - #2238 Chic Dwight and Fred Guttormson - Continued) Lindquist informed him that it is the intention of the Planning Commission to reduce hardcover in the 0 -75' setback and any changes would include the loop driveway. Stoddard said he would support the driveway in the 0 -75' setback due to the configuration of the lot. He would recommend clutter be removed, gravel driveway to lake eliminated, and sheds removed. He noted the loop driveway cannot be seen. Hawn said she felt the applicant wants the loop driveway to park the RV. The applicant said he would park it elsewhere. Schroeder suggested the garage door be heightened to house the RV. The applicant said this could be done. Hawn said she felt it was inappropriate to house the RV on the driveway. Lindquist informed the applicant that the loop driveway would have to be eliminated before any further improvements are allowed. The applicant suggested tabling the application. Lindquist moved, Hawn seconded, to table Application #2238 to allow applicant to consider the loop driveway, garage, and deck enclosure, and working with Staff on • options. Vote: Ayes 7, Nays 0. ( #15) #2241 KYLE HUNT AND PARTNERS, INC., 1185 FERNDALE ROAM WEST - VARIANCE - PUBLIC HEARING -10:28 -11:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants, Cheryl and Gary Costley, were represented by Kyle Hunt. Van Zomeren reported that the .887 acre property is located in the LR -IA, one family lakeshore, Zoning District requiring two acres. The proposal requires variances to side yard, hardcover, and Lakeshore setback for construction of an addition to the residence under the existing deck for an exercise room, a third stall addition to the garage reducing the side yard setback to 19.1', and increasing the 75 -250' hardcover 137.5 s.f. to 25.5 %. Lindquist read a letter from the neighbors, Bradley and Mary Bowman, expressing objection to the garage location. It was noted that the adjacent properties are located closer to the side property lines than that proposed by the applicant. Van Zomeren reported that the lot width measures 200' at the setback, 245' from Ferndale Road, 45' from the west, 14 from east, and 71' from the lakeshore. The building pad is limited by the 26' separation requirement from the pond reducing the pad to approximately • 92' in width. The property is further limited by the location of a well in the yard. 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 ( #15 - #2241 Kyle Hunt and Partners - Continued) Hunt questioned the lot area. Van Zomeren clarified that the lot area is dry buildable only. He noted that the proposal would include swapping of hardcover resulting in 100 s.f less than allowed with the modification. Bituminous hardcover and patio pavers would be eliminated. Van Zomeren said this would eliminate the hardcover requirement. Hunt noted the 0 -75' setback clips the corner of the existing deck. Van Zomeren indicated that the average Lakeshore setback is closer to the lake than the 0 -75' setback. Hunt said the exercise room would encroach no further than the existing footprint and the third stall garage would be located within the 30' setback as exists with adjoining properties. The hardcover for the third stall is included in the calculations. Hunt explained that the house is currently placed on pilings and cannot be heightened without a variance. The pond creates a problem for building on the property. The setbacks will not allow for a detached garage. He noted the placement of large evergreens that don't inhibit sight lines in his opinion. Schroeder was informed that the Bowman's side encroachment is at 12' and 15' and other neighboring property is at 15'. is McMillan asked what the hardship would be for the third stall. Hunt said the applicants have three vehicles and would like additional storage space. The residence currently has a • two -car, tuck -under garage. Lindquist said he supports the exercise room addition but questioned the need for the third stall as no hardships exists. Schroeder asked if there would be any view obstruction. Mrs. Bowman said it would obstruct the view from her gardens. She noted the evergreen trees are next to the property line as well where the garage is intended to be placed. Mr. Bowman suggested a detached garage located to the west. Hunt said it would add to hardcover. Van Zomeren said it would also present a problem for the 26' separation from the pond. Stoddard said he usually places value on the neighboring viewpoint but noted that both neighbors have the same circumstances as the applicant in terms of setback. Mrs. Bowman indicated the home builder built the residence to the maximum of setbacks. Van Zomeren said this only applied to one side of the property. 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #15 - #2241 Kyle Hunt and Partners - Continued) Hunt informed McMillan that the 14'x24' garage stall would be set back somewhat from the other two stalls. Other remodeling is currently underway. Hunt said he could be flexible with the location of the garage stall. Mr. Bowman indicated that the current garage is 35'x23' and could provide for tandem vehicle spacing. He noted there is also a shed on the property. Hunt indicated that the tandem area is a tornado shelter where the applicant plans on adding a 3/4 bath. Stoddard moved, Lindquist seconded, to approve Application #2241 for lakeshore setback for construction of an exercise room under the existing deck. The third garage stall is not recommended for approval. Vote: Ayes 7, Nays 0. SKETCH PLANS ( #16) #2239 JIM WATERS, LGA INVESTMENT GROUP, INC., WILDHURST TRAIL - SUBDIVISION /SKETCH PLAN REVIEW Jim Waters was present. • Gaffron reported that the proposed seven lot subdivision under sketch plan review is comprised of two parcels, 7 acres and 1- 1/2 acres in size and located in the Saga Hill park area. The properties are owned by Soskin and Sollner. Access is proposed from the undeveloped platted right -of -way known as Garden Lane. The topography of the lots favors access to the west. Building sites include two rear walk -outs. Lot 2 requires 1/2 acre dry contiguous on the southeast side of the ravine. Access to the park areas is required to the north and west. A cul -de -sac as shown would present a problem with primary access to the Saga Hill park. The City will require access to the 9 acre park parcel to the west from Garden Lane and to the open space park property which straddles Garden Lane to the east. is Gaffron indicated that the City Engineer expressed concern with drainageways impacting the neighboring properties. He suggested drainage be directed to the northerly ravine for less erosion potential and potential development of a NURP pond. Gafiron said the City would not be served if Garden Lane is vacated and presented options in the Staff memo. The property is one acre sewered with sewer possible from Tonkaview Lane but most likely from Wildhurst Trail. 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #16 - #2239 Jim Waters - Continued) Jim Waters said he would like to provide an opportunity to solve issues for the city. He suggested access options F -1 and F -2 as proposed by Staff are reasonable. He indicated how the road would be terminated is open to discussion and design. One sketch proposes the road extend to the Hennessey property and the other to a parking lot for the park land. Waters said he prefers Garden Lane for access. He noted all lots meet minimum requirements, the development would have minimum impacts, and provide access to the park land. Waters said the development meets the desire of the property owners. Lindquist noted that the proposed access would include a cul-de -sac between lots 1, 2, and 3 with the Garden Lane easement remaining. During public comments, Chris Morgart, 1003 Wildhurst Trail, said this plan makes the most sense of all ideas that have been presented for the properties while solving access to the park land. He supports the subdivision. Smith noted sketch F -1 refers to direct park access, F -2 shows a temporary cul -de -sac, and F -3 relates to potential park dedication. These plans were generated by Gaffron to assist in addressing adjacent or nearby lots of record requiring access. • Gaffron asked Commission to consider whether the Sollner property should be included in the subdivision and whether sewer should come from Wildhurst Trail, and how to assess the lots outside of the sewer system noting the proposed lots are within the MUSA. Smith said she supported Gaffrods suggestions regarding access and temporary cul -de- sac. McMillan said she would like to see the park access developed so the purchasers of these lots will know that the road will extend into the park. Waters agreed that it would be best to accomplish this up front. McMillan inquired of the time line for the stormwater management plan. Gaffron indicated that it would require another 4 -6 months. Schroeder questioned whether the Park Commission should recommend taking land instead of a fee. McMillan noted the ravine would be protected anyways as there would be a drainage easement over the ravine. Waters indicated he would review the lots for size. Lindquist noted the cul -de -sac could extend to the edge of Lot 1. McMillan agreed that this would allow for a turnaround. 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • ( #16 - #2239 Jim Waters - Continued) Gaffron noted the following areas requiring direction: 1) Garden Lane is a public right - of -way so would become a public road; 2) the public road would extend to the cul-de -sac as it is in a sewered zone; 3) drainage and grading would require the applicant to work with the City Engineer and Schoell and Madson and consider oil site pondvng requiring permission from the MCWD. Gaffron said there were no designated wetlands on the property. The lots would use private wells. The developer would pay to run sewer to the lots in addition to connection charges. Drainage easements would be required. Park impacts require discussion. Gaffron questioned how access is to be gained to Hennessey property. McMillan suggested a private driveway. Gaffron indicated this option may not be appropriate as it would require going through the open space. A possible swap of land has been suggested as a way to solve the Hennessey lot problem. McMillan asked that the sketch plan be reviewed by the Park Commission. Gaffron was informed that the Planning Commission had no concerns with the subdivision as proposed. ( #17) #2240 JIM WATERS, LGA INVESTMENT GROUP, INC., WILDHURST TRAIL - SUBDIVISION/SKETCH PLAN REVIEW • Jim Waters was resent. J p • Gaffron reported that this proposal includes three groups of property, the Van Sloun, two Sollner lots, and Morgan property, totaling of 28 acres. A portion of the property is zoned LR -1B, one acre, and a portion is zoned RRAB, two acre. The MUSA line follows the zoning boundary. This presents an issue with possibly changing the comprehensive plan to change the two acre to one acre zoning and the need for a MUSA amendment for sewering the two acre properties. The proposal calls for a 17 lot subdivision with 1-1/2 acres average per lot served by an extension road from Wildhurst Trail. The proposed road would extend north and west, with a driveway serving the back of a few lots. Gaffron indicated it could be argued that this would result in through lots with two parallel roadways and requiring a conditional use permit for accessory structures. The use of Highwood Lane to Garden Lane and Wildhurst is not a safe access option due to steep slopes. Gaffron indicated that the lots generally meet the 20Y lot width requirement for two acre zoning. At an average of 1 -1/2 acre lots, this would place a large number of homes in an area where homes have not previously been located. They would also be located near the park land and might possibly change the nature of the park. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 • (#17 - #2240 Jim Waters - Continued) �J Another issue is the length of the road system. There would be one way in to the homes with no additional way out creating a possible public safety issue with the cul -de -sac and Wildhurst greatly exceeding the 1000' limit. There is a possibility for a connection to West Branch, though it is not the applicant's intention. If this connection is not permanent, it possibly could be used by emergency vehicles. There are also topography issues to consider. Lindquist questioned why the need for a long driveway with parallel roads. Gaffron said it was due to the steepness of the property. Waters indicated that he and residents would not desire front walk -outs. A change would require retaining walls and loss of trees. Aesthetically, this proposal would give the impression of traveling down a country lane as the homes to the south would not be viewed until you swing southward. It would also give the impression of two acre zoning according to Waters. Lindquist asked for comments regarding a road to West Branch. Waters referred to drawing C -2. This option shows a development not requiring rezoning. While it proposes the development accessing through Garden Lane or Highview, it does not address the issue of the passive park and low traffic. Waters says drawing C -I addresses these issues while maintaining the country feel of the property. He noted that Wildhurst access would increase the length of the cul -de -sac by 1800'. Waters said an approach from West Branch would be satisfactory if a lot is not lost. He indicated he would provide an easement. If service vehicles are an issue, Waters said it would probably require a hard road surface. Waters said it could become a service lane only. A gravel road could be used down. Garden Lane to serve the Hennessey lot. Lindquist noted the problem with both one acre and two acre zoning. He felt establishing all one acre zoning might not be accepted by the neighbors. Gaffron indicated the re- zoning would change the number of lots by only one lot. He indicated the zoning change would be sewer driven, not neighborhood driven. Gaffron said it was his opinion that the property is undevelopable with septic systems as there are limited sites. He feels it is logical and reasonable to bring this property into the MUSA and not change the zoning. McMillan said she would consider possibly exchanging lots but did not feel it would be a good policy to do as suggested. She inquired what the gain would be. Gaffron said the gain would be the ability to develop the property. He noted lots 12 -17 (Van Sloun and Morgart properties) without sewer are not buildable. If changed to sewered lots, there would be 45 lots on the Sollner property, possibly two on the Van Sloane property, 2 -3 on the Morgart property, with three additional lots to the east. Schroeder noted that this assumes the Met Council will agree with changing the MUSA line. 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 ( #17 - #2240 Jim Waters - Continued) Waters indicated that drawing C -1 was not relevant but C -2 is relevant. The issue then becomes sewer. He suggested a communal septic system. Gaffron informed Waters that he did not believe the City would approve that scenario. McMillan said she is concerned with increasing the density. Gaffron agreed that the number of lots have been increased to 21 -22 lots. McMillan did not believe the Council would recommend adding the property to the MUSA. Hawn asked the applicant if he would consider clustered housing noting it would create an expanse to the park land and still allow for expensive housing. Waters questioned whether people would purchase this type of housing. He noted it would still require modification to the MUSA. Chris Morgart, noting the history of proposals over the years for the properties, said the MUSA boundaries currently do not make any sense. He did not believe the added housing would increase the drainage to the ravine. Gaffron stated that the key to this application is a change to the MUSA. • John Hasselbalch, Realtor, noted problems with a roadway to the park land. He felt it was logical to make the lots one contiguous development winding down Wildhurst Trail. The land to the east is steep. Access to the west would require condemnation and there are no plans for access to the north. He noted the Morgan property is cut off from access to the north because of wetlands. McMillan asked if the sewer units are available. Gaffron said the capacity or number of units is not the issue if the MUSA change is approved. Berg questioned whether there is the potential for the Met Council to approve such a change. Gaffron indicated there was as it is based on merit. Gaf -ron suggested the property be visited during the Park Tour. Gappa said he would make that arrangement. Schroeder and Smith said they both would like to see clustered housing. The application will be reviewed by the Park Commission on June 2. Stoddard asked for additional information regarding history of the MUSA. The application will again be presented for review on the Planning Commission's June 16 • agenda. P MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 0 PLANNING COMMISSION COMMENTS ( #18) REPORT BY PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF APRIL 28,1997 AND MAY 121,1997 ( #19) OTHER ISSUES FOR DISCUSSION A Work Session was scheduled to discuss the Home Occupation Licensing for Wednesday, June 4, at 7:45 a.m. Gaffron noted that there will be a meeting regarding the Spring Hill Golf Club EAW on Wednesday, May 21, 1997 at 6:30 p.m. The CUP and variances will be discussed at the Council Meeting of Tuesday, May 27, 1997. ( #20) PLANNING COMMISSION APPROVAL OF MINUTES OF THE APRIL 21, 1997 MEETING Schroeder moved, Berg seconded, to approve the Minutes of the Planning Commission Meeting of April 21, 1997. Vote: Ayes 7, Nays 0. ( #21) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO • ATTEND THE COUNCIL MEETINGS OF MAY 26,1997 AND JUNE 9,1997 May 27 - Lindquist June 9 - Schroeder • ADJOURNMENT Schroeder moved, Berg seconded, to adjourn at 12:11 a.m. Vote: Ayes 7, Nays 0. Dale Lindqu , C it rson 27