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HomeMy WebLinkAbout10-20-1997 Planning Commission MinutesORONO PLANNING COMMISSION MEETING MINUTES FOR OCTOBER 20, 1997 0 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, and Lili McMillan. William Stoddard was absent. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner Elizabeth Van Zomeren, Planning Intern Brad Bressler, City Engineer Tom Kellogg and Recorder Sherry Frost. Council Member Flint and Mayor Jabbour were present. Chair Lindquist called the meeting to order at 6:30 p.m. DISCUSSION ITEMS ( #1) TREE PRESERVATION Lindquist reviewed the issues listed for consideration asking for further comments and opinions in order for Staff to draft a preliminary ordinance. Under issue #1 as noted in memorandum dated 9/19/97, Hawn said she agreed with the purpose statement but questioned the need for the ordinance itself. Lindquist said the question of need would be added to the list of issues for discussion. Commissioners all agreed with purpose statement. Under issue 42, McMillan was informed that the Shoreland Ordinance used the criteria of 6" trees for replacement. Lindquist thought the tree preservation ordinance should be consistent with the Shoreland Ordinance. Other Commissioners agreed. This would be regardless of the type of tree. Under issue #3, McMillan asked if this referred to residential properties only. Lindquist said it would include developments as well. All were in agreement with this item as stated. Under item #4, Lindquist questioned how this could be accomplished. McMillan noted that some residents may not care to have this many trees. It was noted the lakeshore ordinance calls for 1:1 replacement ratio. Gaffron suggested looking at 2 " -3" trees for replacement. Hawn indicated that lakeshore properties tend to be more open noting people purchasing a treed lot may want to have a lawn. Lindquist noted the 0 -75' zone is restricted in what may occur. Hawn asked about properties outside of this zone. McMillan said there were many options noting some properties have few trees. Hawn said she preferred to look at what the City wants as a community, citing examples of buffering and bluff protection. 0 is MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #1 - Tree Preservation - Continued) McMillan said she would like to see an ordinance similar to those regarding wetlands. She cited the example of the pond on her property requiring a conservation easement. McMillan felt it would be difficult to compare properties. Hawn said she felt this issue should be applied to subdivisions. She noted the tree inventory would be expensive for those only dividing a property into two lots. She did not want to see clear cutting occur but questioned how it could be enforced. Lindquist noted that the Cities of Maple Grove and Minnetonka include this restriction in their ordinance. Gaffron referred to page 3 of 11 under subdivision 3 where a time frame is included for replacement not limiting it to how many are taken out but done in a staged planning. McMillan noted a subdivision requiring buffering citing a 50' easement on the Melamed development. Gaffron said there is a park easement on the east side of that development which is not included in all subdivisions. He indicated there is a 50' setback for structures if the septic sites and driveways don't eliminate the trees but results in a natural buffer. Item #4 was given Planning Commission support. • Items #5 and 6 received approval. On item #7, Lindquist asked what difference it makes regarding type of one size tree. McMillan said some trees were more desirable. Gaffron indicated the current ordinance includes a list of shade tree species that is somewhat limited but would probably be acceptable. Hawn asked who would make the decision on what is acceptable. Gaffron said a landscape consultant is often used and would be called in these cases for his or her opinion. Hawn said she would prefer to see a list be available at the City offices in order for property owners and staff to have the ability to change the types of trees used. She noted how elm and oak trees have become known for becoming diseased. Berg agreed. Hawn said the ordinance could incorporate the list through referencing it. Planning Commissioners all agreed. Several other issues were noted in the memorandum following the numbered list and reviewed by the Commission. Lindquist questioned what "taking" meant. Hawn noted in commercial ventures, such as • fir trees used for Christmas, would not enable that owner to realize a gain from the trees. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 9 ( #1 - Tree Preservation - Continued) The Commission and Staff have not reviewed the Maple Grove ordinance and felt time should be allowed for this to occur. Regarding the concept of using an overlay, Schroeder said this would enable the City to take notice of areas of importance, such as a remnant of the Big Woods. Lindquist and Berg agreed. Planning Commission agreed that the ordinance is not meant to curb develop but to obtain a better development that is in character with the city. Gaffron said the goal of tree preservation should be included in the subdivision ordinance if related. Van Zomeren noted it is not included in the commercial section and would have to be noted there as well. Gaffron said it would be included in the residential zones as well. Lindquist reported that everyone is interested in protecting woodlands whether it be by an overlay or otherwise. Schroeder indicated that an overlay of woodlands could be contrary to the 2 -acre zoning with septic noting it might drive the development towards clustering. McMillan said a forester would be needed if an overlay was done. The detailed study would incur a large expense. She noted the problem with restricting the use. Hawn questioned whether woodlands does not refer to 10 acres or more and if development is compatible with this. Gaffron said, in the sense of granting density credit or clustering in order to save woodlands, the goal is to preserve the woodlands or trees within the development. Schroeder felt the probable best way to protect woodlands would be through limiting the number of trees that could be cut. Lindquist said there would then be a problem with determining how many trees could be cut. McMillan said she was concerned with the manhours and staff work to oversee such requirements. She reiterated the need for a forester if this was to occur and questioned whether the City would want to take this step. Gaffron said a consultant can be used and the cost passed on to the developer. McMillan asked what would be done for residential properties. Berg said a benchmark standard may be necessary for a certain number of lots. Gaffron said the intent is not to review all trees, noting this just cannot be done. Berg said the purpose would be to limit the developer. Once the property is sold to a homeowner, that homeowner would have the right to do as they would like with their own property. Gaffron noted it would create a balance through the wants of the resident and that of the neighborhood. Berg noted people are wanting to remove trees in order to • create back yards. E MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #1 - Tree Preservation - Continued) Lindquist asked if any member of the audience would like to comment on tree preservation. No public comments were made. Park Commissioner McDermott did ask to comment. He said the review done by the Park Commission was mainly based on looking at adjacent communities and paring it down to fit in with the philosophy of Orono. He noted the City of Minnetonka is reviewing protection of slopes. McDermott said the Park Commission looked at stands of trees or masses in the issue of woodlands. Regarding the type of plant material that should be used, they looked at what trees and plants were native to the area. McDermott agreed with the Planning Commission that an addendum to the ordinance should be used instead of incorporating a list within the ordinance as changes do occur. Regarding the size of trees to maintain, he noted there are substandard trees, and evergreens result in the need for a separate parameter due to the differences in the tree types. He said the Park Commission felt it was important to protect some trees in the City noting if a house was positioned anywhere on a property instead of repositioning the house to protect the area. McMillan reiterated that the Planning Commission must discuss what manhours are available to oversee the tree preservation ordinance and what costs would be associated . with it. Gaffron reported that the Council would like to see a tree ordinance adopted. He noted staff has been unable to review the topic to the degree it requires, and in his opinion, the City should involve a consultant in its review. Lindquist suggested a work session be held with Planning Commission, members of Park Commission, and consultant. Berg noted information provided from other cities can be utilized in the review. McMillan suggested the topic be discussed with Council at the upcoming scheduled work session. Lindquist moved, Hawn seconded, to approve the minutes from the Planning Commission Work Session of September 12, 1997. Vote: Ayes 5, Nays 0. (Smith had not yet arrived at the meeting.) SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS ( #2) #2308 BROOK PARK REALTY, 3560 SHORELINE DRIVE, PLANNED RESIDENTIAL DEVELOPMENT AND CLASS III PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:02 -7:46 P.M. The Affidavit of Publication and Certificate of Mailing were noted. 0 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #2 - #2308 Brook Park Realty - Continued) Bill Gleason represented Brook Park Realty. Gleason said the plan has been revised to reflect a lesser density than originally proposed. The density is based on 4 per buildable acre or 30 units. Van Zomeren reported that the comments made by the landscape architect, Mr. Case, was received today and were briefly reviewed with him over the phone. Van Zomeren said the proposal is for the construction of 30 townhomes on a 9.93 acre site requiring a preliminary plat and planned residential development review. Outlots A and B will be held in a development agreement for maintenance and restrictions will be placed on vehicle storage. Review is required. Tom Kellogg was present to answer questions. The alignment of Livingston is proposed to extend to the west through the site if the developer is able to acquire the property to the west for future coordinated development. The cul -de -sac would be eliminated at that time and connection made to the street. Van Zomeren said an issue arises regarding no more than 10 residences be allowed access from a cul -de -sac. She asked Commission to consider whether 18 units should be allowed use of the temporary cul -de -sac. The plan will be reviewed by the Mound Fire Department. Van Zomeren also noted that the curve radius of 250' is less than what is required by the standards. The 12 units in the southern portion are to be accessed from a driveway, which does not have the right -of -way or paved width for the size allowed. The landscape architect has recommended less paving be allowed for tree preservation. Van Zomeren asked the Commission to consider this option. Van Zomeren noted that a drainage control would be required before the wetland. A 10:1 benchmark would be used for slopes. A loop has been recommended on the 6" water main. 3' is required downstream for the sanitary sewer. The County has asked for 7' along Shoreline Drive in the same easement as the phone company. Van Zomeren said landscaping plans have been submitted. There is a question whether a trail or path should be established to Shoreline Drive and asked if it should include a sidewalk. Trash receptacles must be maintained in garages. Lighting is to be hooded. Mechanical equipment is to be screened and not intrusive. When improvements are made, it may require a letter of credit. Van Zomeren informed the Commission that the Park Dedication fee is $19,064. Questions were directed to Kellogg. 5 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #2 - #2308 Brook Park Realty - Continued) Hawn asked about moving the water main. Kellogg said the proper alignment would be to extend the main to the west and south down to CoRd 15 in order to improve the flows. Based on the sketch plan review for future expansion plans, it would make sense, according to Kellogg. Hawn asked if this was possible to do. Kellogg said it could be extended with the future proposal. The water main is stubbed out. Hawn informed Kellogg that the developer does not currently own the property. Kellogg said he had been under the impression that they did but noted the improvement could occur when that purchase is made. Van Zomeren concurred that the water main could be extended in the future. Hawn said that request could be required when that property is purchased but would not affect this current plan. Van Zomeren asked the Commission to consider the pavement width and the number of units on the cul -de -sac, noting 12 units would be served by the driveway without a cul- de -sac. The cul -de -sac does not meet all of the standards. Van Zomeren read through the letter of comments from the landscape architect. The architect noted the well formed trees and the desirability to preserve them. He suggested a tree survey be conducted for assessment and evaluation to include a layout. Case suggested adjustments be made to the 28' road width, a reduction in the front yard setback, shift of the pond, grading, and fencing during construction. Van Zomeren reviewed items 1 -3 of the landscaping plan noting the trail, removal of trash, and the need for a restrictive covenant that is compatible with the staff report. Van Zomeren said she concurred with the contents in the letter recognizing the conflict with the road width and pavement versus the preservation of trees. Bill Gleason said he just received the report and has not had the time to review the contents. He noted a certain amount of trees will be lost with the construction. He has experienced an approximate 50% salvage and utilizes a replacement program. Gleason does not believe a 1:1 replacement ratio is realistic. Gleason said the plan calls for the road to run into the development and ends there until such time it can be expanded into the future proposed development to the west. Gleason said he showed that development to allow the City to view possibilities for the future. The land has not been purchased as of this date. The cul -de -sac will be constructed, meanwhile, with no other means of egress. County Road 15 cannot be reached until such time the road is expanded. A driveway will be utilized to service units. While it does not meet the standard requirements, it is not meant to go anywhere else but to these units. Gleason said he is willing to reduce the size of the road to preserve trees. As to a shift of the water retention • pond, Gleason said he does not see any viable alternate location. Z i 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #2 - #2308 Brook Park Realty - Continued) Hawn asked for Gleason's response to a path to CoRd 15. Gleason said he supported a trail system but questioned whether it should be constructed with a bituminous surface. He noted there may be another location on the future western development. Gleason noted an existing driveway encroachment that will be rectified by an easement to allow the neighbor access. McMillan said she thought there was an existing path on the property. Gleason said there may be by the wetland but he has personally never walked it. Lindquist inquired how the police department and emergency vehicles can access the 12 units served by a driveway. Van Zomeren said Moorse had voiced concern with this issue if a temporary cul -de -sac was not established for a turnaround. Gleason said he was willing to make that accommodation. Van Zomeren explained for Schroeder how the temporary cul -de -sac would be laid out. She noted it would be smaller in diameter than a typical cul -de -sac but large enough for vehicles to turnaround. The slope of the land was questioned as it regards the garages facing to the south. Gleason explained the topography of the land and why the garages were located as planned. It is typical to a walk -out type scenario. Hawn suggested the use of a circle instead of a cul -de -sac in order to preserve trees in that location. Gleason said it could be considered. He thought it was possible but may present an odd appearance when the road is continued. During public comments, Andrew McDermott, 2702 Walters Port, said he is sad to see the last wooded area in Navarre being developed. He said he agrees with the recommendations made by the landscape architect. McDermott noted the significant trees located on the property, its pleasant views, and would like to see the area around the wetlands preserved. Berg questioned the path being bituminous. Van Zomeren said that suggestion was made by the landscape architect. Berg said it may present a cost concern. Gleason said he has not had the time to evaluate it. Van Zomeren said she had thought the path would best be located by the end of the driveway to the shoreline on the east. The landscape architect had thought elsewhere. Gleason said there was an extra piece of land located on the eastern portion of the wetland where a trail could be located but it might interfere with buffering. 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 40 ( #2 - #2308 Brook Park Realty - Continued) Berg asked if the trail maintenance would be conducted by the homeowners association. Gleason said it would. Gleason reported he preferred to use a wood chip base instead of blacktop. Hawn suggested a limestone base. Van Zomeren said she would like the location of the trees noted. Berg asked if a letter of credit would be required. Van Zomeren said it would and would include the road improvement, driveway, sidewalk, and landscaping. Lindquist asked the applicant if he has reviewed the staff recommendations. Gleason said he had but questioned the outcome of the park dedication. Van Zomeren said the Park Commission had recommended a fee in lieu of land. Gleason questioned whether the sewer connection cost was based on the number of units. Van Zomeren said the information came out of the sketch plan review. Gleason said he supported the recommendations made by staff. Lindquist reported that review is required of the landscape architect's recommendations and the review by the Mound Fire Department regarding the private road. Van Zomeren asked the Planning Commission to direct the applicant to review the landscape architect's comments and produce a tree inventory. She asked that a meeting be scheduled with staff, applicant, and engineer before another review by Planning Commission. Berg asked that a final landscape plan be submitted by the applicant as well. Gleason indicated it was in his plan to save the majority of trees, and he was willing to submit the tree inventory. Van Zomeren noted the 13 recommendations would be included with a change to #12 regarding the loop of the water main not be included until the additional land is acquired. McMillan asked about guest parking. Parking will be allowed in the two parking spaces by the building and in each driveway. Gleason said parking is usually not allowed along private driveways; though, sometimes allowed on one side of a narrow roadway. McMillan asked that this be addressed. She also asked that the size of the sidewalk be reduced and designed in a more natural grid. Gleason agreed. He said his only concern was with the lack of a guideline regarding trees. Lindquist noted this related to the uniqueness of Orono. Gleason said he would contact the landscape architect. Schroeder was informed that the townhome units would sell for $132,000. • Planning Commission will again review the application at the November 17 meeting. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 • ( #2 - #2308 Brook Park Realty - Continued) Lindquist moved, Berg seconded, to direct Staff to proceed with a meeting between Staff, City Engineer, Brook Park Realty, and Landscape Architect. Vote: Ayes 5, Nays 0. ( 0) #2306 DENNIS PLATTETER, 809 BROWN ROAD NORTH, RENEWAL OF CLASS III PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:46 -7:54 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the applicant is requesting a renewal of a Class III Subdivision to allow the existing zoning lot to be divided into two parcels creating a front lot and back lot. Approval was received earlier and expired. The property meets the zoning for the RR -1B standard for width, front yard, and setback from Environmental Lakeshore. Van Zomeren said she received a phone call regarding the yard light, a manure compost pit, and the existence of a pole barn. These issues, however, are not related to subdivision • regulations. Van Zomeren said staff recommends approval of the application. • Dennis Platteter noted the existing problem with the 80' wide roadway for creation of three lots resulting in the two lot configuration. He said he attempted to meet all zoning requirements. Platteter said he asked the yard light be eliminated last year. The compost pit is made up of yard clippings only and used in landscaping. It does not include manure. Platteter said he has hired three different contractors for the removal of the pole barn. He was informed by his current contractor it would be removed the first part of November. Platteter thought it would have been removed before final plat but that was not the case. Lindquist asked Platteter for a reasonable time limit for removal of the pole barn and for him to recontact NSP regarding the yard light. Platteter agreed. There were no public comments. Lindquist moved, Schroeder seconded, to approve Application #2306 with the understanding that the pole barn would be removed by January 1, 1998 and a call be placed to NSP regarding the yard light. Vote: Ayes 5, Nays 0. 9 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ACTION ITEMS ( #4) 92294 LGA INVESTMENTS, JIM WATERS, 1181 WILDHURST TRAIL - CLASS III PRELIMINARY SUBDIVISION - REVISED PLAN - 7:54 -9:07 P.M. The Applicant was present along with Ken Adolph of Schoell & Madson Engineering. Gaffron reported that this is the continuation of a public hearing from the last meeting. A sketch plan review was conducted in April of this year. A 7 -lot plan was reviewed at the last Planning Commission meeting. Recommendations were made at that time, and a newly revised plan has been submitted. Gaffron reviewed the action recommended at the last Planning Commission meeting as noted in the staff memorandum dated 10/17/97. Staff had recommended the City protect the ravine by having it dedicated as a park. The change in pond location resulted in the elimination of one lot for a revised 6 -lot plan. It has been determined that the existing corridor of Garden Lane will be used and not vacated. There will now be one lot on the west side of the road instead of two. A cul -de -sac will be located on the eastern portion of the property for 3 -4 lots. A temporary cul -de -sac to the north of the ravine and in the park property has been revised and will be platted as a permanent cul -de -sac southeast of • the drainageway. Gaffron said some of the issues brought forward by the City Engineer have been addressed; others need review. The 1 acre lot requirement excluding drainage easements will be provided on all lots. 0 A wetland delineation report shows three wetlands, 2 of which are in a narrow corridor at the base of the large ravine, and the other being a smaller wetland in lot 5. Gaffron reported the Park Commission has recommended a cash contribution instead of dedicating park land. Gaffron indicated that staff s recommendation for park dedication differs with that of the Park Commission. Gaffron reviewed the comments from the City's landscape architect, the primary issue being the stormwater basin originally proposed for the upper reaches of the ravine. The current proposal for ponding in the area of Lot 1, Block 1, on the north end of the Sollner property, was viewed as being a better location than at the head of the ravine. The applicant had addressed the concerns noted. 10 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #4 - #2294 LGA Investments - Continued) Gaffron reviewed the City Engineer's comments as noted in 1 -4 on page 3 of 9 of the zoning report and Exhibit F. Staff has recommended using directional boring to bring sewer up the hill from Wildhurst Trail during construction. The streets are being proposed as public roads. Gaffron indicated the typical street section indicates a 28' paved roadway. Of specific concern regarding grading, Gaffron said no grading will occur outside specific boundaries but grading will occur for the residences when they are built, and he would like to review how this will be accomplished without affecting the ravines. He indicated the entire drainage of the road segment from Tonkaview north and to the east will be graded to drain northward. The storm sewer plan will result in a slower rate of flow to the southerly ravine by redirecting it to the north. Gaffron reported he has received a number of letters from the public; some of which have suggested an EAW. He said he has reviewed the regulations and concluded that the north and south projects are independent of each other resulting in an EAW not being mandated. Gaffron said neither project is in an exempt category, hence both could be subject to an EAW if ordered by the Council at its discretion. If a group of at least 25 individuals petitions for an EAW, it is still at the Council's discretion whether to order one. Gaffron said the City Council would have to determine whether the information • submitted by individuals supports requiring an EAW. 0 Gaffron reported a wetland delineation has been performed. There are three basins, 2 and 3 run along the center line of the northern ravine and range 5 -20' in width. Drainage easements will be required. A smaller basin is found in Lot #5 and will be filled tocreate a house pad. The basin appears to have a minimum benefit to the Watershed, and the developer has requested its elimination. These wetlands are not on the City protected list but on the list but require Watershed District review under the Wetland Conservation Act. Gaffron reviewed the revised proposal summary as reported in items 1 -10 on page 5 and 6 of the zoning file report. Regarding Park Dedication, as reported in item #6, Gaffron reported the Park Commission recommended cash in lieu of park land dedication. He indicated that the Commission was given the impression that the center line of the drainageway was in this proposed park dedication land and was wider than it actually is. Gaffron showed the location of the proposed park land for dedication and its relationship to Lot 1. He is concerned that without the dedication, the area to the northwest will become part of Lot 1 and potentially result in trees being eliminated and becoming a storage area for the residents. The City would not have the land to incorporate a trail if they so desired in the ravine area. Staff recommends the City take dedication of land as noted. Gaffron distributed a handout showing the parameters of park dedication. 11 9 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #4 - #2294 LGA Investments - Continued) McMillan was informed by Gaffron that the lot would be reduced from 1.24 acres to 1.15 acres still meeting the requirements. The park fee in lieu of land dedication had been estimated in the range of $15,000420,000. Gaffron reviewed the park dedication options. During review of item #8, Gaffron said the City Engineer is requiring calculations of flow rates for before and after construction. In his review of the sanitary sewer, Gaffron said the purpose is not to have an open cut resulting in a closure of the roadway. He indicated there will be a need for a permanent 10' wide easement. Gaffron noted the stormwater benefits being provided as part of this development stating they had not previously been required of past developments in this area. He reviewed the 6 stormwater management techniques noted. Gaffron noted that the pre- existing drainage problems cannot be solved by this developer. The developer can only be asked to provide techniques and standards that result in no further negative impact from what currently exists. Along with the provision of watershed runoff calculations, Staff recommended approval of the application subject to the conditions 1 -10 as noted in the staff memo. Gaffron indicated that the grading pan for the project delineates the boundaries of the grading and how they will affect the trees. It has not been calculated how much of the property will be disturbed, but Gaffron estimated the figure to be between 30 -50 %. He felt all of the trees will be removed in the area being graded. Gaffron noted the code calls for trees to be planted every 40' along the road frontage. There are existing wooded areas to the west and north. The eastern area had formally been fields and orchards. Jim Waters said he has worked with staff to be responsive to the concerns voiced. He feels the final plan meets all the requirements laid out by the City and will result in a high quality development that minimizes impacts and possibly reversing some of the drainage problems by controlling where it goes. Waters said he accepts the recommendations made by staff. He wanted to discuss several items and asked for the Engineer's report. Waters asked the Planning Commission for their endorsement of the proposed plan. The meeting was opened to public comments. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #4 - #2294 LGA Investments - Continued) Tim Casey, Attorney for the Saga Hill Preservation Society, said he was in basic agreement with the contents of the report but has not had the time to thoroughly review it as he just received it on October 17. He would like more information provided on the stormwater calculations. Casey said it is understood that the property will likely be developed. However, he noted the sensitive soils found on the property, the challenging sites, and limitations of the property. He felt the erosion control method of using directional boring was a good idea but questioned what impacts would result. He asked for further information regarding directional boring. He agreed with the report that extensive clearing of trees should not occur noting it would be in conflict with the Shoreland Ordinance. Casey said calculations are needed for the south and north ravines due to the issue of drainage. He noted the topic of stormwater ponding is being discussed by the MPCA and asked that the approval await further review of this topic as the pond and its location may not be the best solution for the site. He noted the greater volume of drainage down the northern ravine and questioned what impact the project will have on the ravine. He asked that further information be provided. He said the lower flow for the southern ravine must • be confirmed and reviewed. He noted the City can make the determination on the length and width of the drainage easement and asked that the City review whether the requested easement width is sufficient. I] Casey said the property is in a maple- basswood ecological area and may possibly be a burial area. He noted there were sensitive wetlands. He felt the City should request the EAW. In noting the difficulty in developing the area, Casey said there may be a potential for significant environmental effects. If so, the City, according to Casey, has the duty to order the EAW. He said the Planning Commission should identify all information required. He asked the Planning Commission table the application. Gary Welch, 1214 Wildhurst Trail, said he lives south of the area being considered for development. He voiced concerns with the report. He indicated he did not have one specific area of concern but taking all the issues together, was concerned that the property could not be restored to its current condition after development. He noted the soils could not be restored to their original state after grading, tree planting, and sewer installation has occurred. Welch presented the Commission with an informal petition asking the City to initiate an EAW. He reported that the 46 people who signed the informal petition would formally file for an EAW if necessary. 13 9 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #4 - #2294 LGA Investments - Continued) Patty Affeldt, 4765 Tonkaview Lane, said she has seen berms and irregularities to the property that warrant concern, as they may suggest historic sites, and asked the Commission to further review the property. McMillan asked if the grading would be more extensive due to the control of the drainage to the north. Ken Adolph said slightly more grading would occur than usual in the area of the roadway due to the flows in that area. Gaffron informed McMillan that no CUP was required. She was also informed that no other variances were required except for the question of the curve radius. As a side point, McMillan informed the members of the audience that she too received the information packet on October 17. Schroeder noted the relationship with the erosion and drainage problems with the development already existing in the area. He stated this development has not caused the problem and may help the situation. Gaffron reported that the neighborhood was developed lot by lot, not as a subdivision, and constructed before stormwater controls were developed or required for subdivisions. He said the last residence built was required to install a small pond basin which is an usual request for an individual lot. The property owner agreed there was a need for the pond and accepted it. Gaffron noted areas where such ponding will occur to help solve the individual drainage problems. The comprehensive plan shows a conceptual stormwater plan for ponding in the upper and lower areas. Hawn was informed that the application will be reviewed by Council November 10 but additional information is required before that review. Hawn asked when stormwater calculations could be provided for public review. Adolph said the information needs to be included in the permit application to the Watershed which is submitted typically after preliminary approval is received from the Planning Commission. Adolph confirmed that the calculations would be provided prior to the Council meeting. Schroeder suggested the Saga Hill Society contact the State regarding possible historic sites suggested by irregularities in the property. Schroeder said an EAW would not look for such irregularities. Hawn suggested an expert review the property. Hawn said the process of such review can be lengthy. Affeldt said she felt there were other issues of concern. Berg suggested that Affeldt have an expert investigate the possibility of Indian burial mounds without the EAW process. 14 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #4 - #2294 LGA Investments - Continued) Casey said if findings were substantiated showing an archaeological site has been disturbed, it would be a violation if an EAW was not initiated. Schroeder responded that if Casey believed that potential was there, it would take an expert to make that determination and suggested the group looking into it. Casey said he would prefer it be determined through an EAW rather than spending the funds of his clients. Schroeder said there has been no basis shown to think that Indian burial mounds exist. Waters noted that he and the City could not make that determination. Waters showed aerial photos of the property. Casey noted that environmentally sensitive sites can be found in corn fields as well. Casey noted mounds have been found on higher elevations and by lakeshore. Schroeder noted the City has a long record of being sensitive to such issues. Jean Rostad, Tonkaview Lane, read a letter from Robert L. Brown, 4755 Tonkaview Lane, relating his concern over wetland delineation asking for further review. He said he found 2 of 3 criteria for wetlands to be shown in an area not deemed wetland and questioned why it had not been discussed in the report. He recommends an evaluation. He also felt there were serious issues of runoff and erosion after reviewing soils on the west side of Garden Lane. Rostad noted that Brown is an expert in this field. • Ken Adolph, in responding to this letter regarding wetland delineation, said the report was conducted by staff of Schoell Madson and not he, personally. He said their investigation found the small wetland on Lot 5, and he would expect any other wetland would have been delineated if found. Waters noted that Schoell Madson is a highly respected engineering firm and Bonestroo, the City engineering firm, concurred with their findings. McMillan noted there were obvious problems with drainage in the area and the developer has worked to not add to those problems but is not required to reduce them. She would like to see the application passed on to Council. McMillan also agreed with Staff s recommendation regarding park dedication of park land. She noted the points are well taken regarding tree preservation, the trail, and the ravine heading into the park land. She asked that the northern lot property be dedicated for park land. All Commissioners agreed. McMillan moved, Hawn seconded, to approve Application #2294 per Staff recommendations 1 -10 and with review of citizen concern on wetlands and review of drainage calculations. Gaffron asked for clarification regarding boulevard trees per code being planted by the developer, whether an EAW worksheet should be required, and whether City or applicant should conduct an archaeological Phase I review. Macmillan and Lindquist felt an EAW iwould have to be requested by Council. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 • ( #4 - #2294 LGA Investments - Continued) Hawn asked to amend the motion to include the planting of boulevard trees and stormwater sewer calculations be provided to Saga Hill Preservation Society as soon as possible. She suggested a representative from the Historical Society be contacted by the Saga Hill Society, and if anything were found, the developer would handle further review. Affeldt said she spoke with Scott Anthelson of the Minnesota Historical Society, who informed her that there were mounds within one mile of this property. Berg said she would have to see written confirmation. Hawn asked that a representative physically view the property. Waters asked that some proof be shown of mounds before the next step is taken. Schroeder indicated that such an investigation cannot be part of the motion. Adolph was asked when the stormwater calculations could be submitted to staff. Adolph said they were required for Watershed review by November 6. Waters said they would be submitted to staff by November 3. The motion was amended to include recommendations 1 -10, 11) review of wetland delineation with City Engineer review; 12) an EAW would be at the Council discretion; 13) the developer would be required to plant boulevard trees; and 14) sewer and drainage calculations would be submitted by November 3. Schroeder said it would be incumbent upon Saga Hill Society to be proactive regarding any irregularities that may be historically significant by having an expert view the site. The City suggested Saga Hill Society make the initial contact but were not requiring it. Lindquist reiterated that the responsibility lies with the Saga Hill Society, not the City or developer. Vote: Ayes 5, Nays 0. (A short recess occurred.) ( #5) #2310 DICK BURY, CLASSIC CAR SALES, 3850 SHORELINE DRIVE - REQUEST FOR CLARIFICATIONXINDING OF SUBSTANTIALLY SIMILAR USE 9:13 -9:31 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 • ( #5 - #2310 Dick Bury - Continued) Van Zomeren reported that the applicant was asking for clarification of use in the B -5 Zoning District. The applicant is proposing a showroom and office for classic cars at the noted location which meets the lot area and width requirements. Bressler performed an analysis of the B -5 Zoning District. Staff recommended a discussion be held for clarification. If such use is found similar to that of an antique store, Staff would support the application with conditions that prevent the future use of the property for a used car lot. Richard Bury reported he has conducted similar operations in two other locations with no problems. He presented photographs of cars typical of what would be sold. He indicated some newer models would also be for sale. The vast majority of the cars would be located inside. Bury has another facility for storage of cars in order to rotate stock. Bury said he is interested in purchasing the Bay Furniture building for such use and feels the area residents would be interested in this type of vehicles. He anticipated open hours to be from 8:30 a.m. to 4:30 p.m., Monday through Friday, and possibly some Saturday hours. (Smith arrived at this time.) Bury said he would display some cars outside during good weather conditions. No repairs or restorations would occur at this location except for a possible changing of a battery or the like. There would be a museum area and sales area. Bury did not feel there would be any parking problems since customers appear randomly. The building would have to be modified with doors to accommodate the cars and change the loading dock to a ramp. Lindquist asked if the property would be used as a used car lot. Bury said he employs two people and most of the business would be by mail or phone. He indicated he needed the outside exposure to promote the business. Lindquist asked if it would present a problem if Bury could not run the property like a used car lot. Bury said he would need to have 5 -6 cars outside, but it would not be a typical used car lot with the majority of business conducted inside. Hawn noted the parking lot accommodates nine cars. Bury said he would not overload the parking area. There were no public comments. 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #5 - #2310 Dick Bury - Continued) McMillan said she would be in favor of the ordinance being more flexible to allow such use. She questioned if the building was torn down if it would set a precedence. Bury said the building was only ten years old. Van Zomeren said the City Attorney would need to further review the zoning in order to draft a resolution to allow classic car sales, which would be a conditional use with findings determined by the City Attorney. Schroeder indicated he felt the use of providing an area for open viewing of the cars would in effect be an open car lot. Schroeder asked Van Zomeren if this was inconsistent with zoning. Van Zomeren said it was with outdoor storage and sales being problematic. She noted there was another business with outside placement of merchandise that is not in compliance with code. Lindquist said he would support the showroom and classic car sales but saw the need for placing cars outside being a problem. Lindquist and Schroeder both agreed the use does not fit in with the zoning. • McMillan suggested the display of cars be outside during business hours and moved back in afterwards. Bury said he could not be limited in that manner. Berg said the use was not consistent with the characteristics of Orono. Van Zomeren referenced Bressler's report reviewing the purpose of the zoning, the permitted uses, and conditional uses. The types of permitted uses would not utilize a building such as the Bay Furniture Building. Van Zomeren said it would be difficult to find an appropriate use for the building. Van Zomeren said that the existing uses function more like service uses rather than the retail uses that are permitted in the B -5 District. Berg noted there was limited parking as well. Berg felt this and the building size was a problem. Bury said the State required approval of the City for licensing in this location. He informed Schroeder he could not operate without open lot sales. Schroeder informed Bury that the problem was that no zoning existed for such use. If Bury did not require cars be located outside, there would not be a problem. The location of cars outside deems the use as a used car lot. Bury informed McMillan that he would require 10 cars located outside with the other two spaces for parking of customers. 18 0 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #5 - #2310 Dick Bury - Continued) Lindquist moved, Hawn seconded, to deny Application #2310 based on non - conformance with code due to outside sales. Vote: Ayes 6, Nays 0. Schroeder informed Bury that the application could be taken to the Council for their review. ( #6) #2283 GARY AND BONNIE BIRNBAUM, 2695 KELLY AVENUE - RENEWAL VARIANCES - PUBLIC HEARING CONTINUED 9:32 -9:58 P.M. The Applicant was present. Bressler informed the Commission that the variance renewal application was tabled at their last meeting in order for a new survey to be submitted. He reported there were two lots of record with Lot 1 deemed a separate building lot. Variances are required for hardcover, lot area, and lot width. Bressler reported that the issue of concern is that the lot is no longer contiguous. The two lots together are one acre in the one acre zoning district. The two lots together meet the 100' width. Lot 1 by itself does not meet lot area or lot width requirement. The lot is .38 acres. The new lot calculation is .50 acres. Bressler noted that the Planning Commission in 1987 denied the application but the Council approved it. Staff recommends denial of the application at this time and directs the lots be legally combined. Gary Birnbaum said the recommended change was made after the survey was submitted and based on error. He indicated that the first 13 findings in the 1987 resolution have not changed. Regarding the erosion that has taken place, finding 3 notes the lot is undeveloped but was assessed for sewer and water. Finding 4 notes the lots are independent parcels and taxed separately. Finding 5 reports the individual access for Lot 1. Finding 6 references the character of the neighborhood. He noted the majority of lots in the area were .2 to .4 acres. Birnbaum said the erosion of the point is irrelevant to the building lot affecting only 1 /100 acre. Birnbaum said there are no drainage problems. He read the finding #13 of the 1987 resolution, noting the peculiarities of this property and their keeping with the spirit and intent of the Comprehensive Plan. Birnbaum said nothing has changed from this resolution based on the erosion that has occurred. 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 • ( #6 - #2283 Gary and Bonnie Birnbaum - Continued) 0 Birnbaum responded to a statement regarding his economic purposes for the proposal. He indicated that the variances were in place when he purchased the property and alone do not constitute a hardship. He indicated that he no longer needs the large house on the one lot and is considering selling it and building on the other lot a smaller house in which to reside. Birnbaum said the lot could be built upon with an adequate footprint. He feels there are no substantial differences from the original application and is requesting approval. Bressler informed Birnbaum that a hardcover variance would be required to build within the footprint. Birnbaum noted that the original resolution allowed 30% hardcover and that amount has been reduced at the current level of 28.6 %. During public comments, Jim Berg, 2655 Lydiard, said he supported denial of the application. Janice Berg said she opposed the application in 1987. Birnbaum questioned whether there was a conflict of interest on her part. Berg said there was not. Van Zomeren said a conflict of interest would only exist if there was a monetary interest. Lindquist said he was unaware of any monetary interest by any member of the board. He noted that the Planning Commission is only an advisory body making recommendations to Council that are not binding. Van Zomeren informed Smith that she was unaware of the reasoning for Council approval in 1987 when the Planning Commission denied the application. Hawn questioned whether the sewer assessment could be refunded by the Council. Hawn said she did not support the application but understood the applicant has paid assessments and has a hardship. Berg said the applicant in 1987 had been told the lot was not buildable. Mrs. Birnbaum said the perception is an unbuildable lot is incorrect noting the lot is in keeping with the other lots in the Carmen Cove area. McMillan noted the lot would be allowed 1500 s.f. of structure. Van Zomeren said hardcover has to be considered as well. Van Zomeren said the problem arises in that the variance was originally approved on October 26, 1987 and has since expired. It is further complicated since the land is not contiguous. 20 0 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #6 - #2283 Gary and Bonnie Birnbaum - Continued) Birnbaum said the connection of the lots was not a consideration at the time of the original variance application so would not be relevant to whether the lot was buildable. He indicated there is .52 acres at this time. The difference from the eroded portion of property is only 1 /100th of an acre that is no longer included in the calculations, from .39 acres to .38 acres. McMillan questioned whether the elapsed variance would set some type of precedence. Birnbaum again noted no changes have occurred. He said he would like to build a smaller home on the property. Bressler said a hardcover variance would be required depending on the size of the driveway. Mrs. Birnbaum noted that the access road is adjacent to the lot. Birnbaum said he intended to either sell all of the property or sell separately and keep one separate lot. Commission questioned the ability to approve a variance for a lot without any plans. Van Zomeren said it was to restore a prior variance. McMillan noted if the property is sold in the future, the new owner would have to make application and go through the same process. Commission discussed the ability to renew the variance without plans and whether it could be denied when the lot has been deemed buildable in the past and assessed for sewer. The Birnbaum's said they had been unaware of the need to renew the variance each year. Lindquist said the intent of the application if for the City to deem the lot as buildable. Lindquist moved, Smith seconded, to approve Application #2283 noting a buildable lot exists. It was noted that no other variances would be granted in the future other than lot area and lot width. Schroeder informed the applicants that it would be in the best interest of the City for the lots to be combined. Vote: Ayes 5, Nays 1, Berg. 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 • ( #7) #2289 JON PENDLETON, 350 NORTH ARM LANE - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:58 -10:00 P.M. E The Affidavit of Publication and Certificate of Mailing were noted. The Applicant had to leave the meeting early due to a conflict scheduling a babysitter on a school night. There were no public comments. Lindquist indicated a survey is required to verify calculations. Schroeder moved, McMillan seconded, to table Application #2289 due to the applicant's absence and lack of survey. Vote: Ayes 6, Nays 0. ( #8) #2290 ELAINE AND STEVE SILUS, 3235 CASCO CIRCLE - CONDITIONAL USE PERMIT - PUBLIC HEARING CONTINUED 10:00 -10:23 P.M. The Applicant was present. Van Zomeren distributed information recently received regarding the application. She reported that the application is for a conditional use permit to allow grading within 5' of the south lot line. No variances are required. A retaining wall is proposed to be located 2' from the property line. Grading will increase the driveway width to 3' from the property line. If this is not approved, the retaining wall must be located 5' from the property line. Incorrect aerial photographs were used in determining the grading plans and resulted in the current situation. Van Zomeren said the three -car garage has a severe turning problem; typically, 30' is required. The plan proposes 24 -25' instead of the original 21'. The purpose of the grading is to increase the distance for ingress /egress into the garage. Issues of concern regard drainage, snow removal, car emissions, and problems with cars driving over the proposed wall. Along with the conditional use permit required for grading, the Commission is asked to consider where the wall should be located and how it affects the flow of drainage. The Builder, Bruce Bren, was present. He indicated he was not creating a problem but was attempting to solve a problem. Bren said he was attempting to accomplish what was submitted in the plans to the City while retaining drainage on the Silus property. 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #8 - #2290 Elaine and Steve Silus - Continued) During public comments, Pat Spilseth, the next -door neighbor, said she receives the runoff on her property. During a heavy rainstorm this summer, the water came within inches of her door. She indicated that the applicant has offered no accommodations to this problem which had never existed before the construction began. Lindquist asked Spilseth if she has seen the present proposal. Spilseth said she has not. Spilseth said the new grading has created difficulties by raising the level of the home. The old house was on the same elevation level as her home. She reported that the driveway was found inadequate for access immediately after construction began but the work was never stopped. Spilseth said the garage should be changed from a side - loading garage to a double car straight -in garage from Casco Pt. Rd., like other garages in the neighborhood. Van Zomeren reported that neither Gappa nor the City Engineer have reviewed the plans. Schroeder said it was critical to solve the problems. He asked why the plan was just submitted at the beginning of the meeting. • Silus said he had been out of town and only received the plans himself. He has not reviewed them either. The plan includes an engineered wall instead of the previous boulder wall. Lindquist noted the applicant was aware of these problems a month ago yet waited until now to address them. Schroeder read letters into the record from Judith Boylan, 3195 Casco Point, and Susan Smith Swanson, 3229B Casco Circle, both in opposition to the plan. Van Zomeren noted Bruce Vang, City Inspector, was present to answer any questions. Lindquist said the information provided would have to be reviewed. He noted the plan would have to satisfy both the City Engineer and neighbors. He said the application would require tabling. Silus indicated that snow removal will not change. Schroeder suggested the applicant change the garage and access it from the street side. Silus said that would be costly. He feels the drainage problem will improve with the newly submitted plan. He noted the problem will exist until construction is completed. 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #8 - #2290 Elaine and Steve Silus - Continued) McMillan said the change in grade was a surprise to many people. Silus disagreed. Bruce Vang said he informed the builder that the topography and garage were different from the plans submitted at the time of the footing inspection, which occurred several months ago. He said the requirement to stay 5' from the property line with the retaining wall was discussed at that time. It was noted that grades were a problem then and the garage was lowered 16" to lessen the impact. Vang said he asked the builder and applicant to consider having the garage open to the street side. Vang said he had this conversation with Peter Bren on site as well. Vang said they insisted the situation could work without creating any problem. Vang said he allowed the construction to continue with the understanding they would adhere to the retaining wall being located 5' from the property line. Spilseth asked if the 5' requirement from the property line pertained to all retaining walls. Lindquist said the ordinance calls for conditional use permits within 5' of the property line where grading is involved. Spilseth said she did not understand how a variance could be granted when larger . properties in the neighborhood have been denied variances. She said a neighboring property requested a similar access to their garage and was denied. She noted the builder said access could be changed. • Bren said when application was made for the building permit, a plan showing a retaining wall 2' from the property line was submitted to the City and approved. Lindquist said the Planning Commission is reviewing the conditional use permit only. Any other matter would have to be taken up with Staff. Silus said he was attempting to save a tree and understood the design would be a tight fit. He said he was unaware of the need to stay 5' from the property line. Silus said he had preferred the boulder wall but changed it to an engineered wall as requested. He noted the wall is located near the property line in only the area near the garage itself. Spilseth questioned whether the tree that was attempted to be saved was still alive. Schroeder reported that the drainage problem must be addressed as well. Schroeder moved, Smith seconded, to table application #2290 for lack of adequate information. He encouraged the applicant to work with his neighbors. Vote: Ayes 6, Nays 0. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 • ( #9) #2300 JAMES AND JOANN JUNDT,1400 BRACKETTS POINT ROAD - RENEWAL VARIANCES - PUBLIC HEARING 10:24 -10:26 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was not present. Gaffron reported that the application is a variance renewal with no changes. It was noted that the boat house would not be restored. Lindquist moved, Hawn seconded, to approve Application #2300. Vote: Ayes 6, Nays 0. ( #10) #2301 GERALD MCCOURTNEY,1055 WEST FERNDALE ROAD - VARIANCES - PUBLIC HEARING 10:27 -10:32 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the request was for variances for landscaping within the right-of- way of Ferndale Road, expansion of driveway apron in the right -of -way, and construction of a gate access within 75' of the lakeshore and in the right -of -way. The lot has been expanded recently by adding part of the Skarp property. The existing house on the lot had been removed. The proposal is to plant a row of arborvitae within the right -of -way along the property for privacy and security reasons. The 66' right -of -way is wider than the 50' right -of -way typically required today. The road had been a County road at one time. There is a considerable distance between the paved road and the property boundary. Historical usage includes a fence encroachment which is consistent with other properties in the area. The plantings will be 15' from the paved road. The gateway to the property for access would be placed at the 75' lake setback line. It is metal in design. The driveway apron would expand the existing driveway to match what exists on the opposite side. The house on the property was remodeled several years ago. At that time, the City denied a loop driveway but allowed a wider driveway for parking. The code allows 20' width but it exists at 40'. The change allows a sweep in a car's approach to the garage. The site plan is in process with the removal of the house, grading, and replacement of plants. A landscaping plan has been approved by staff. Staff recommends approval of the application. As a note of information, Gaffron reported that a neighboring property received permission for a 3 -1/2' fence located 15' from the paved road. The neighbor has decided to plant an arborvitae hedge instead to be consistent with this property. 25 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #10 - #2301 Gerald McCourtney - Continued) Gaffron indicated the hardship for the application is the wide right -of -way, the problem with backing up vehicles, and problems with trespassing. The expansion of the hardcover is outside of the property boundaries so a net decrease will actually occur in the hardcover for the property. Gaffron provided a view of what has occurred on the property and what is proposed. Lindquist asked if the properties were one tax parcel. Gaffron said the combination is pending court action. Council had given conceptual approval to the Brooks application noted above. McCourtney said it was his intention to combine the lots. Gaffron said the combination should be a condition of approval. Gaffron referenced a letter from the applicant regarding the hardcover removals. Staff recommends approval of the hedge 15' from the paved roadway, the metal gate subject to no paving or graveling of the approach to the gate, and expansion of the • driveway with tradeoff of hardcover as already accomplished. McCourtney had no additional comments. Conley Brooks, Jr., reported living next door to the McCourtney property. He said he acquired the other half of the Skarp property. He supports the proposal. He indicated his recently approved plan and change from fencing to arborvitae as well for consistency in looks for the neighborhood. He feels the proposal is in keeping with the characteristics of the neighborhood. Smith was informed that the access to the gate would be sodded and used by yard workers to get their equipment off of the roadway. Smith questioned whether the sodding should be stipulated. Gaffron said the condition notes no hard surface allowed. McMillan asked why the gate is located in the right -of -way. Gaffron said it was close to the 75' line. McCourtney said to move the gate out of the right -of -way would appear to place it in the center of the property. He indicated he placed it as far back as possible. Smith moved, Schroeder seconded, to approve Application #2301 per Staff recommendations with the condition that the two properties be combined and the gate area sodded. Vote: Ayes 6, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 • ( #11) #2303 ANGELA WOODHOUSE, 2625 NORTH SHORE DRIVE - RENEWAL VARIANCES - PUBLIC HEARING 10:33 -10:42 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Bressler reported that the application was for a renewal of an expired variance for a new entryway, steps, and pavement, and bay window. Variances required are lakeshore setback, average lakeshore setback, and hardcover in the 0 -75' setback. The residence is mainly located within the 0 -75' setback. The new hardcover would be placed over existing hardcover. Trees and vegetation will screen the additions. There is no average lakeshore setback impact. Bressler indicated that the hardcover shows an increase due to the boathouse still existing, which was required to be removed in the original resolution. Bressler said Staff recommends approval per recommendations. Woodhouse had no additional comments. There were no public comments. • Schroeder moved, Smith seconded, to approve Application #2303 for variance renewal. Vote: Ayes 6, Nays 0. ( #12) #2304 DEBORAH SHOLL, 4100 WATERTOWN ROAD - VARIANCE - PUBLIC HEARING 10:43 -10:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Bressler reported that the application is for construction of an attached garage and living space addition on the rear of the existing residence requiring a front setback variance. The house is located within the required setback. A 5' variance is required to allow the construction as proposed. The applicant had no further comments. Schroeder asked if any big trees would be removed. Sholl said only smaller fruit trees would be eliminated which have been nearly blown down. She said the large trees would remain. Sholl said she may have to take one or two trees down to thin out the number of trees to enable proper growth. There would be small retaining walls for drainage • purposes. 27 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #12 - #2304 Deborah Sholl - Continued) Schroeder moved, McMillan seconded, to approve Application #2304. Vote: Ayes 6, Nays 0. ( #13) #2305 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - VARIANCES - PUBLIC HEARING 10 :45 -11:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Bressler reported that the application is for remodeling and expansion of an existing residence to include an attached 4 -stall garage and loop driveway requiring a lakeshore setback, and hardcover variances in the 0 -75' and 75 -250' lakeshore setbacks. A revised survey was presented. Bressler indicated that due to the lot configuration, the building pad on the lot is restricted. Staff recommends approval of the application subject to conditions noted which include elimination of the loop portion of the driveway, plastic under landscaping, and with the notation that no further hardcover would be allowed in the future. Bressler reported that the applicant has agreed to remove the plastic under the . landscaping. Olsen said the plans have changed due to the homeowners' association covenants requiring a 20' side setback. The plan currently calls for a 10' side setback. He would like to move the design down 10' to satisfy this requirement. 9 Hawn said in order for this to occur, a new plan would have to be submitted. Bressler noted that hardcover calculations would change. Berg questioned what existing foundation and walls would be used. The existing foundation and walls to be used were noted. The house is a walk -out style. Lindquist said he would agree in principle to this change but would require reviewing the plan. Olsen said there was a time limit problem for beginning construction this year. Hawn asked about the elimination of the loop and location of the well. Olsen said he has reduced hardcover 1185 s.f. in the 0 -75' setback with the elimination of driveway and retaining walls. The applicant's designer asked if approval could be based on percentages and changes meeting the percentages required. 28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #13 - #2305 Roger and Elizabeth Olsen - Continued) Schroeder indicated he would have to review the plan. Berg said she would like to see what the impacts are. Schroeder suggested guidance be given to the applicant. Lindquist asked that the hardcover calculations be improved. Berg noted that the Planning Commission must review the application that will be seen by the Council. Olsen said the shift would change the front setback from 35' to 32' and asked if that was a big consideration. He was informed that Lindquist that it was a consideration. Schroeder questioned the need for 4 garage stalls. Lindquist informed the applicant that the City does not like to see any structure within the 75' lakeshore setback. Mrs. Olsen suggested the plan eliminate the 10' within the setback that is in question by the covenants. Olsen said he could eliminate 10' from the plan but would lose storage space. Lindquist suggested the architectural design be considered as well. Schroeder moved, Berg seconded, to table Application #2305. Dr. Bill Cottleman, a next -door neighbor, was present representing the homeowners' association. He submitted a letter form the architectural committee regarding their restrictive covenants. He noted their restrictions are more stringent than those of the City. He said the homeowners' association would approve the home being more centered on the lot. A copy of the letter was submitted to staff. He said the association prefers to see as much distance between the homes as possible. Vote: Ayes 6, Nays 0. ( #14) #2307 ELLEN PETERSON, HAVING AN INTEREST IN 3355 CRYSTAL BAY ROAD - VARIANCES - PUBLIC HEARING 11:05 -11:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Photos were shown of the property. Bressler reported that the applicant is proposing construction of a 282 s.f. carport with a deck above it attached to the front of the existing residence. The 12' wide carport would extend 22' out over the existing driveway with a walkway. This proposal will require • variances for side setback, lakeshore setback, and 0 -75' and 75 -250' setback hardcover. 29 ( I 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #14 - #2307 Ellen Peterson - Continued) Issues for consideration include the location of the residence in the lakeshore yard. Bressler noted the proposed location is the only area where such structure can be built and would require a side setback variance of 6.2'. Staff recommended approval of the proposal with removal of plastic under existing landscape. The 255 s.f. of plastic would offset the carport addition. Peterson said she would be happy to remove the plastic. She had not been aware of its existence. McMillan moved, Smith seconded, to approve Application #2307 per Staff recommendations with plastic removal as noted. Vote: Ayes 6, Nays 0. ( #15) #2308 PAUL LARSON, 3865 SHORELINE DRIVE - VARIANCES - PUBLIC HEARING 11:10 -11:23 P.M. The Affidavit of Publication and Certificate of Mailing were noted. is The Applicant was present. Bressler reported that the applicant is proposing the construction of a 1,962.2 s.f. house and driveway on a lot of record requiring variances for lot area, lot width, and 75 -250' hardcover. He noted the lot widens to 146' at the front setback. The County has approved a curb cut on Shoreline Drive. A 10' sewer easement and drainage plan will be required. Staff recommended approval of the lot area and lot width variance but denial of the hardcover variance. Bressler felt the excess hardcover could be eliminated by eliminating the third garage stall, decreasing the size of the deck, or reducing the turnaround area. Larson indicated the surveyor did the site plan for 25% hardcover but the turnaround, created for safety, increased the amount. Larson said he decreased the house width from 44' to 40' and eliminated an upper -level deck. Because of these decreases, Larson felt there would be a need for the third car stall for storage. Larson thought the turnaround could be reduced in size but was concerned with driving directly out onto Shoreline Drive. He preferred not to reduce the garage or deck and noted the house was only 18' wide at the garage end. Larson reported the hardship for the application is the pie shaped lot with the least width on the lakeshore. He asked for approval of 27.5% hardcover in the 75 -250' setback. Larson noted that the neighboring property was granted a hardcover variance. Lindquist • responded that the neighboring lot was not in question at this time. 30 t ' n LJ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #15 - #2308 Paul Larson - Continued) There were no public comments. Smith informed Larson that with new construction, the 25% hardcover allowance should be met. She noted that the applicant was aware of the lot size prior to purchase. Larson suggested eliminating the turnaround and removing l' off the deck. Bressler said it was not advised to reduce the turnaround size. Larson said he was concerned with theft of items left out on the property. Larson reported the proposed house is less than 1100 s.f. and the lot is of record. He says he needs space for storage. Smith said the Commission recognizes the difficulties with the small lot by allowing lot width and lot area variances. Smith moved, Hawn seconded, to approve Application #2309 for lot area and lot width variances. The proposal is to meet the 25% hardcover allowance without elimination of the turnaround. Van Zomeren suggested Gappa review the turnaround. • Gaffron suggested the house be pulled back on the lot to reduce the amount of driveway and meet the hardcover requirement. Larson was concerned with the neighboring house being located in front of the residence and having to look out and see the side of the neighboring house. Berg noted the lot was substandard and concessions will be required. 11 Vote: Ayes 6, Nays 0. SKETCH PLAN REVIEW ( #16) #2299 MIKE HILBELINK, HAVING AN INTEREST IN 120 GOLDEN VIEW DRIVE - SKETCH REVIEW FOR TWO -LOT SUBDIVISION Bressler reported that the applicant is proposing a 3 -lot subdivision of 7.97 acre parcel. Two lots will be about 2 acres and the other will be 3.97 acres. Septic testing is being conducted but Bressler does not anticipate a problem. Drainage is satisfactory. The topography of the lots was reviewed. No information is available on Park Dedication. Access will be provided on Golden View Drive. Planning Commissioners voiced support of the plan as proposed. 31 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 0 PLANNING COMMISSION COMMENTS ( #17) REPORT BY PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF SEPTEMBER 22,1997 AND OCTOBER 13,1997 No comments were made. ( #18) OTHER ISSUES FOR DISCUSSION A joint work session with Council is scheduled for October 27 at 8:00 a.m. ( #19) PLANNING COMMISSION APPROVAL OF MINUTES OF THE SEPTEMBER 15, 1997 MEETING Schroeder moved, Berg seconded, to approve the Minutes of the Planning Commission Meeting of September 15, 1997. Vote: Ayes 6, Nays 0. ( #20) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF OCTOBER 27 AND NOVEMBER 10, 1997 a October 27 - McMillan November 10 - Hawn 0 ADJOURNMENT Schroeder moved, Lindquist seconded, to adjourn at 11:28 p.m. Vote: Ayes 6, Nays 0. 1 Dale Lindq ' t, hair on 32 • City Of OR,OI' O RESOLUTION OF THE CITY COUNCIL NO. 228 1 CONCLUSIONS, ORDER AND CONDITIONS rased upon one or more of thu f indings noted above, Lhe Orono City Council t-.ereby grants variances to LNU.,icipal Zoning Code Section -0.22, Subdivision 2 and Section 10.24, Sub(iivision 5 (B) approving lot .:rea and hardcover variances for I.ot 2 and an area variance for Lot 1 to ""Ow the lot to be developed, subjec' to the following conditions: I. Applicant shall relocate lakr; chore dock on Lot 2 prior to salA of Lot 1, such dock seal : meet all currer L Standards of t:�e Dire :dinretonka Conservation 'District. Itpon ,;a' c,f L(,t 1, a dock can not he con5truc.ad on the lakeshore until a C(:rtificatc: of Occupancy - sEuecl for tl:. new residence and c, =s the City for the dock construction. b l.ldinq herrnit is obtained frc;c:: 2. The raximur; allowed hardcover for Lct 1 i s 2,009 s. f . or 15%. 3. hardcover on Lot 2 is approved at 6,1()() s.f• or 30';,. 1.mprc,vt:ment of the property that will resuI r in ac) -1; F'nY f utur( over the approved 30% may necessi t ,te e tior,al LardCo•,er resolution of existing hardcover. 1 or mi,trhing accounts of Prior to the sale of Lot 1 'the property must be removed. A�Fplicantvs`h oulfc,'c(, loci s on public fencc_/structure can be located within 75 f be �,.vied th,�t rr _eet of she lane. '• ;authorities granted with this resoluticn ru-n : ;14- th th(, with the applicants, but are crmi Prof, -rty not- p ssi ve cr. L y ;c? r. ust be c xcrci : ' ' ap :�li�ati :,n for a builcir:g p eG r, ar :T :ro :, Permit wlthi . Gni_ 'yt=ar of tt:_ '_ate o: i a l, cr thin variance •v; i i 1 e ;, ^.i r�� on that 1 �c, 1988). ate_ ICctob,:r E• `%iolc,tion (:f oz ncn- compliance vii, zt :y 0 tt c0: -- t_0r,s Of t air; resolution sf.:3; 1 ccr. :.t.i tut - t �: r� "n C 1 aUtor.'.atl('a l' S' r + -c 1. Jr to . c -i to mina (_� ny autt :ori, -y yrur:tC'- he_ a.,:; .;:,•311 I'c punif,! :ar lc a., a r..i ci•, r,_ar.cr. f app 1 :ca r. t, have r(_a<? a : :?�, : �1 r .:n(i r, _rr . r, s.n l tat ion ,-, r, l n , ,r• l i agree and �, h:, I t (�f �I :r�K. :;r•1 (• i tl:e1 r resolut ic, i tl e chain of itj 1,crc.t'•; utjrc;e tcJ tl -c rt-cordinq 0! thi'. r. n titles c,f thr• prc perty. POOR MICROFILM COPY • I'a (Jf 3 c f KEEP ORIGINAL 4/30/99 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -',--183 - .' • J 1I '� u Adopted by the Orono Cite Council on this 26th day of October, 1987. ATTEST: I /i i r or thy M. lin, City ClQrk Jar,,., k. Grabek, Mayor Q L .6L . Property Owner(s) - t f r Page 4 o: 5 0 0 • • 0 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5 (B) FILE #11It8 WHEREAS, Sheldon ant] Iielene Kaplan (hereinafter "the applicants ") are the owners of the property located at 2695 Kelly Avenue within the City of Orono (hereinafter "City ") and legally described as Lots 1 and 2, Block 1, Carman Cuve, I:t:•nnepin County, Miinnesota (hereinafter "the property"); and WHII.RXi ;, the applicants have applied to the City for a variance to Municipal 4o::inq Code Section 10.22, Subdivision 2 to approve a:1 ex---,f:15 of existing hardcov -r of 5,130 s.f. or 40 +, where only 5,109 F;.f. or 25 is al lcw(.ci on I,,:t 2 .,:,d per Secticn.10.2 4, Suh(tivision 5 (Is) to ;ipprov, .;n are 3 v,.r i,:nc.c• for i,c t 2 con:;istinq of 26,960 s.f. or .62 acres cf iot ar where ;:,��,C) cr i acre 1.`1 requirC'd and pt--r that samo sect2r:. LU appro•:,.: I.r. ar,-s variance for l.:ndevcloped I,ot 1 cunsi.:ting of builciir. _nvulopc of 16,757 s.f. or .35 acres where 43,560 s.f. cr 1 a(-re i s r,,- ;1r _ r t ! ( IICW, THEREFORE, BE IT RESOLVED i r% n i FINDINGS r,r�l, r *.f i�. 1cc�tFi in thy: by t.!: _ City Cc•:;* 1 c ter.... , oni.r, rile 1188. I p -1 t, c;i r ) lc an(] �::�.. hi -, is ii..SC'SSi:C] for .,..t„ 2 t 1)r•..r r,:-ainF_•G as 1.. (]er�1:nC i:I;t p<- Ici'iS cr,!% :,fried f or ta% purpos ^' ; caci; crate_ y by t !,e stag'. .. %�n 1.. :C• ::nr' :•nr. Safe acce! -c car �.� �? i n _! r1! r y `• - p,rovi;]e. to Lot i f. c,ev1. l�.pv {i �, i LtUrv. Tr:" S accel s has f.een rr'vi we(] 1,y t.hr, I1 u1,1 ii U ri::. I.,1L,C:C,r. Tilco proposed development of Lot 1 at .39 acres appears con,;4 -tent t}.e pattern of surrounding developme ^t of the Carhar. ,toac: n(ai ghbor.nood. 4 of the 7 lots, or 57q., adj«cent to Carman Similar in area ranging from .2 to .4 acres. POOR MICROFILM COPY Page 1 of 5 KEEP ORIGINAL 4/30/99 A City of ORONO �1 RESOLUTION OF 7HE CITY COUNCIL ' NO. the proposed new building site and the site with existing residence are similar in area to other common - ownership lots which ha%e been approved as building sites since 1984 within the LR -lB zoning district as follows: 8. ':he lots were created in the early 50's prior to the City's adoption of ordinances that would have provided standards for the development of lets. S. The applicants have owned the lots for approximately 30 year. . 10. Lot 1 contains no accessory structures and would a.peEir to sere merely as additional area receiving Inln7:-nal rnaintenarice. 11. Glenn Cook, the City Engineer, in a report dated October 6, 1981 states the following: Development of Lot 1 on Kelly Avenue will not result in any drainage problems for adjacent resident. ':hc• run -off :rom the neighborhood is currently directed ;-o City cwner', property South of Lot 1. Development of this, lot w i1 rc: :ult in .additional run -off to the lake because cf an increa,�c• in harCcover. Ivie do not anticipate that this increase in run -of f will cause any significant adverse effect on the iake. 12. Tt.e City Council has considered this application in.�- Iuciinrj reports Ly City staff, comments by the applicant and the effect of th(_ proposedl variances on the health, safety and welfare of tt:e corur,unity. 1 3 The Ci -y Council fir.9s that the conditions _xist-ing on this property are Lc-cu Iiar to it and do not apply generally to other property in this: zoning district; that granting the variances would not adversely affect traffic conditions, light, air. nor E)os(_ a fire hazard or other danger to neighboring property; would net rr.ereiy serve as a convenience to the applicant, but _ . necessary to alleviate a c:emonstrai,le hardship or difficulty; is necessary to preserve a � ;jlj;tantial property right of the applicant; and would be in keeping .j! t�: the spirit and intent of the Zoning Code and Comprehensive Plan 1.,2 City. Page 2 of 5 11-- nest.ead Vacant Lot Lot #830 Smiley, 2720 Pheasant Road .65 .59 #1051 Gicsne, 1475 Cherry Place .68 .64 #1084 Maxfield, 4175 North Shore Drive .57 .46 #'.24 Lange, 4160 Forest Lake Drive .40 .45 8. ':he lots were created in the early 50's prior to the City's adoption of ordinances that would have provided standards for the development of lets. S. The applicants have owned the lots for approximately 30 year. . 10. Lot 1 contains no accessory structures and would a.peEir to sere merely as additional area receiving Inln7:-nal rnaintenarice. 11. Glenn Cook, the City Engineer, in a report dated October 6, 1981 states the following: Development of Lot 1 on Kelly Avenue will not result in any drainage problems for adjacent resident. ':hc• run -off :rom the neighborhood is currently directed ;-o City cwner', property South of Lot 1. Development of this, lot w i1 rc: :ult in .additional run -off to the lake because cf an increa,�c• in harCcover. Ivie do not anticipate that this increase in run -of f will cause any significant adverse effect on the iake. 12. Tt.e City Council has considered this application in.�- Iuciinrj reports Ly City staff, comments by the applicant and the effect of th(_ proposedl variances on the health, safety and welfare of tt:e corur,unity. 1 3 The Ci -y Council fir.9s that the conditions _xist-ing on this property are Lc-cu Iiar to it and do not apply generally to other property in this: zoning district; that granting the variances would not adversely affect traffic conditions, light, air. nor E)os(_ a fire hazard or other danger to neighboring property; would net rr.ereiy serve as a convenience to the applicant, but _ . necessary to alleviate a c:emonstrai,le hardship or difficulty; is necessary to preserve a � ;jlj;tantial property right of the applicant; and would be in keeping .j! t�: the spirit and intent of the Zoning Code and Comprehensive Plan 1.,2 City. Page 2 of 5 w P �71 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 17, 1997 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Janice Berg, Elizabeth Hawn, William Stoddard, and Lili McMillan. Charles Schroeder and Sandra Smith were absent. The following represented the City Staff: Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, Planning Intern Brad Bressler and Recorder Sherry Frost. Mayor Jabbour was present. Chair Lindquist called the meeting to order at 6:35 p.m. DISCUSSION ITEMS ( #1) NAVARRE HOUSING STUDY - BRAD BRESSLER Bressler reported that the Navarre Housing Study was conducted in two phases, one being a mailed out survey to the residents and the other a field survey conducted by Bressler. There are four sub - areas. The purpose of the study was to see if there was any interest in housing rehabilitation and grant funding. • Bressler reviewed the tables included in the information regarding home ownership, income groups, age and family unit, housing condition, and desirability of making home improvements through a grant process. Bressler said a large majority of the people would apply for a grant if it was provided. The majority of homes were found to be in good condition, but there were some homes needing improvement. During the field survey, Bressler personally viewed the conditions of the homes and properties. The vast majority are single family with some multi- housing units towards the west end of Livingston Avenue. The housing was categorized according to visual inspection by Bressler. The majority were in good or excellent condition. The overall appearance of garages showed that detached garages have received less maintenance. There were a number of homes where brush, weeds, and outdoor storage took away from the appearance of the properties. Bressler provided a picture board showing a representative pictorial view of what he found in the neighborhood by study areas. Lindquist inquired about the affordable housing level in Orono. Bressler said the housing valued at $115,000 or less is considered affordable housing for 1997. Information of housing in this category is available from Hennepin County but needs to be entered in a database. 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 17, 1997 ( #1 - Navarre Housing Study - Continued) Van Zomeren stated Lake Minnetonka area cities have met over the summer to discuss gathering information on housing in the revision of each community's Comprehensive Plan. Some of the cities lack affordable housing. The cities are attempting to work together on this issue and intend to hire a consultant to assist in this research. The Met Council has provided $17,000 towards the hiring of the consultant. The groundwork has been laid out in respect to review of affordable housing. Berg asked if a HRA block grant would be required, and if so, who would administer it. Van Zomeren said she did not know if this was necessary but noted that the programs use the same contact person and will investigate the matter. Lindquist asked Staff to keep the Planning Commission updated noting additional work is required. Bressler said additional work will be performed as review of the Comprehensive Plan continues. OLD BUSINESS - CONTINUED PUBLIC HEARINGS ( #2) #2290 ELAINE AND STEVE SILUS, 3235 CASCO CIRCLE - • CONDITIONAL USE PERMIT 6:45 -6:47 P.M. The Applicants were unable to attend the meeting. Hawn moved, McMillan seconded, to table Application #2290. Lindquist reported that the application would not be reviewed again until the January meeting of the Planning Commission. However, if the applicant agrees with the 5' minimum location of structure from the property line, the application will not require further review by the Planning Commission. Van Zomeren said she has spoken with Building Inspector Lyle Oman, who will issue a temporary certificate of occupancy for the applicants. Gravel will be placed on the driveway over the winter months. Van Zomeren will notify the neighbors of this situation. Vote: Ayes 5, Nays 0. 0