HomeMy WebLinkAbout02-17-1998 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 17, 1998
ROLL
The Orono Planning Commission met on the above date with the following members
present: Chair Dale Lindquist, Sandra Smith, Janice Berg, William Stoddard, and Lili
McMillan. Charles Schroeder and Elizabeth Hawn were absent. Mayor Jabbour and
Council Member Peterson were present. The following represented the City Staff: Senior
Planning Coordinator Michael Gaffron, City Planner Elizabeth Van Zomeren, Planning
Intern Brad Bressler, and Recorder Sherry Frost. Chair Lindquist called the meeting to
order at 6:34 p.m.
OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS
(#1) #2312 CLAUS WEILER AND RENEE MEERKINS, 1135 NORTH ARM
DRIVE - CONDITIONAL USE PERMIT WITH VARIANCES - 6:34-6:41 P.M.
The Applicants were present.
Bressler reported that the application is for variances to rebuild a previously existing deck
and an additional garage. The application was tabled at the January meeting to enable to
the applicants to determine the size of the previous decks. Staff had been unaware that
decks had previously existed on the residence. The variances and a CUP are required due
• to the accessory structure being placed in front of the principal structure and the lot being
considered a through lot. The proposed decks require street and bluff setback variances.
The Planning Commission had requested the accessory structure be reduced in size to
meet the 1000 s.f maximum footprint allowed. The structure is now proposed at 968 s.f.
The proposed accessory structure meets the side setback of 10' as requested by the
Commission and will be located 33' from the side lot line.
The decks are proposed to extend 8' from the rear of the residence towards Elmwood
Avenue and the bluff. The proposed decks are smaller in size that had existed. Another
change to the plan is the proposal that the garage be 1-1/2 stories, rather than one story.
The structure would meet height requirements.
Bressler said Staff recommended approval of the CUP for locating an accessory structure
on a through lot and locating an accessory structure in front of the principal structure for
the garage. Staff also recommens approval of bluff setback and street setback variances
for the decks. Staff recommended the shed be located to a conforming location or
removed. The applicants have agreed to remove the shed if approval is received for the
accessory structure.
The applicant said he agreed with Staffs recommendation.
• There were no public comments.
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
• -{#1 - #2312 Claus Weiler and Renee Meerkins Continued)
Smith was informed by the applicant that the additional garage would be used for an extra
car, boat, and storage of bikes and lawn equipment. A 3-car garage currently exists on the
property.
Smith asked Staff about the policy to allow a deck to be replaced. She questioned the
time limit once the deck has been removed. It was noted that the previously existing
decks were removed about one year ago. Smith said the application would be viewed
differently if the decks had been removed farther in the past.
Smith moved, McMillan seconded, to approve Application#2312 per Staff
recommendations. Vote: Ayes 5, Nays 0.
(#2) #2320 MITCHELL AND ASTA GERSOVITZ,3650 CASCO AVENUE -
VARIANCES - 6:41-6:46 P.M.
The Applicants were present.
Bressler distributed pictures of the property. He reported the proposal is to install a bay
window over a portion of the existing deck and building a dormer over the existing
garage. These improvements require an average lakeshore setback variance as the entire
residence is ahead of the average lakeshore setback line.
Bressler reviewed the issues as presented in the information packet. He recommended
approval of the application as submitted.
The applicant had no additional comments.
There were no public comments.
Stoddard asked if the neighbors had any comments regarding the proposed improvements
noting the neighbors are generally asked for their opinion when the plans involve a
variance to the average lakeshore setback. Gersovitz said he recently purchased the
property and has yet to move there. Van Zomeren indicated the neighbors were notified
and no comments were received.
The applicant asked if the Council review could take place at the February 23 meeting.
Bressler agreed. Stoddard asked that the applicant submit a letter noting that request.
Stoddard moved, McMillan seconded, to approve Application#2320 per Staff
recommendations. Vote: Ayes 5, Nays 0.
• (Agenda item#3 was moved to the end of the agenda due to absence of applicants.)
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
• (#4) #2326 ORONO DEVELOPMENT, LLC, 2380 SAADYWOOD ROAD -
COMMERCIAL SITE PLAN REVIEW AND VARIANCES - 6:47-7:30 P.M.
Tom Dillon and Mike Sepena were present.
Gaffron reported that revisions have been made to the plans since the sketch review in
January. The revisions include a site plan with building elevations, landscaping, drainage
and grading plan.
Gaffron reviewed the revisions as noted in the information packet, pages 2 through 4. He
questioned whether the full 60' depth of the building was needed given the site limitations
created by the parking in front and pond and driving lane to the rear. The general traffic
flow continues to be a counterclockwise movement as previously shown. Gaffron noted
that a pedestrian walkway on the northern boundary of the property was considered but
found to be difficult with the slopes. The planned green space adjacent to Shadywood
Road is less than the required 20'. Gaffron indicated that the number of required parking
spaces will be met.
Gaffron reported that the City had requested additional design features to break up the
large expanse of the roof, and these have been added. The cedar shake over brick wall
facade will require a variance. The comments by the DSU mainly relate to the need for
additional landscaping. The 12-14' retaining wall height will be screened with plantings.
Stoddard inquired what the black bumpouts were that are noted on the plans in front of
the building. Gaffron indicated they were spaces to accommodate trees. Smith
questioned whether the trees would remain alive after being planted with basically no
green clearance and so near the roadway receiving dirt, snow, and salt debris. Gaffron
said the plan has not been reviewed again by Mr. Case of DSU, but Gaffron did not
believe the proposed landscaping along Shadywood is as requested by Case. Gaffron said
the applicant feels the design as presented is critical in realizing the site plan.
Gaffron indicated that the slopes in the parking area will be 4% or less as requested by the
City Engineer. The north end slope has been decreased. Curb and gutter will be included
in the parking lot area.
Gaffron reviewed issues 1-11 noted for discussion. He noted this is a difficult site for
planning and indicated the applicant has addressed concerns expressed by the City.
Gaffron requested that Planning Commission make a recommendation regarding approval
of the site plan for variances for hardcover, building facade, and parking setback along the
front.
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MINUTES OF THE ORONO PLANNING COMMISSION
wrirVTT1MTfz.T-TPT Tl (VTT1RT?TTAT?V 177 1998
LI 1111 V LL L1 LL1.V<u�1 ,
• (#4 -#2326 Orono Development - Continued)
Tom Dillon felt the majority of the issues have been satisfactorily worked out with Staff.
He feels the 5' setback to Shadywood is critical in maintaining two rows of parking while
maintaining the required size of the pond. There is a sidewalk planned for the front of the
building. He also is unsure of the viability of the proposed trees. Dillon felt the cedar
shake design would create a transition between the commercial, residential, and lakeshore
areas. The other half of the building will be brick.
Smith was informed by Dillon that the main reason for the cedar shake facade is aesthetics.
Other choices include lapsiding or all brick, which would be more expensive. Dillon said
the building use is moving more towards service type businesses rather than retail. The
building will include a bank corporate office and a conservation district office. He has
received some letters of intent on the building space. Dillon noted the additional use
approved for a bagel and coffee restaurant.
There were no public comments.
Mike Sepena, architect, highlighted the areas of landscaping. Lindquist expressed concern
with the landscaping for the front of the building along CoRd 19. The plan currently calls
for 6-8' of sidewalk and 5' of green space. Stoddard said he would like to see more green
4110 space noting safety is a concern with the building being along the county roadway. He
asked if the building could be moved back 5'to accommodate more green space. Dillon
indicated that this would have a domino effect back to the 20' drive lane to the rear of the
building. Stoddard suggested if the concern was for the pond to take 5' from the green
space in the rear and add to the front. Sepena said this would affect the retaining wall
height. The green space to the rear is also sloping down from the retaining wall. Loss of
this would give the effect of a higher wall. Dillon said this could be reviewed.
Gaffron reported that this issue had been discussed. He noted the problem with moving
the driving lane closer to the retaining wall is the possible concern with structural integrity.
He also questioned whether cars should be driving so close to a wall with a 14' drop.
Gaffron agreed with the concern for green space in front but questioned where the trade
off should come from. Two driving lanes are necessary in the rear and space is required
between the building and the road. Gaffron suggested the building may be too big for the
space. He said the applicant had informed him that losing 10' in depth would change the
building length, affecting the entire site plan.
Smith suggested the building be shrunk 5' and 5' taken from the rear green space to
increase the green space in front 10'. This would result in 15' of green space in front
instead of 5' as proposed.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
• (#4 - #2326 Orono Development - Continued)
Lindquist said his concern is also with what will be within the 5' of green space in the
front. Sepena said the plan calls for trees with plantings and sod inbetween. Lindquist did
not feel this landscaping would survive having snow and salt on it. John O'Sullivan
reported that his hedge landscaping in a strip of 5-6' has been maintained for over 10
years. He felt this amount of space is adequate. O'Sullivan also indicated that this area of
CoRd 19 has the least amount of traffic on it as compared to the other three quadrants.
Smith said she was still concerned with the need for more green space to the front.
Berg said she would support a hedge instead of grass along the front green space.
The Commissioners continued discussing the other issues noted and voiced approval.
Additional comments by Commissioners include agreement with the cedar shake over
brick facade. McMillan felt the end bump out islands to the parking area were a negative
feature. Gaffron indicated that he has found them to be a necessity for a parking lot.
McMillan was informed that the access for Culver's would be in the same location as it is
presently. The applicant will be required to submit a lighting plan and will work with
Staff. The Commissioners were generally in agreement with the landscaping plan, except
as noted in the front of the building. Dillon informed Stoddard that a crosswalk could be
S painted in to indicate the sidewalk location at the rear northerly corner of the building.
McMillan was informed that the garbage pick-up would require a truck backing up to the
dumpster.
Berg questioned the signage in front of the building and its size. She did not feel it was in
keeping with the character of the building. Dillon said the signage is in compliance with
code area limitations. Sepena said the lighting plan is yet to be submitted. Direction was
given to the applicant for a uniform look to the signage in keeping with the architectural
design of the building. Gaffron indicated that the signage code does not give clear
direction regarding this issue and suggested a condition be included regarding signage.
Dillon noted that the tenants will want lighted signs.
The applicants were informed that the Commissioners were in agreement with the site plan
except for signage and green space. Commissioners were in agreement in sending the
application on to Council with the stipulation that an additional 10' of green space be
found for the front of the building.
Dillon said he hoped they have shown the ability to work with Staff. He indicated he has
not studied how the building can be moved and will address it with Council. Berg
informed Dillon that she lives in the neighborhood, and the neighborhood needs the
building to set the tone for more green space.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
(#4 -#2326 Orono Development Continued)
Stoddard moved, Lindquist seconded, to approve Application #2326 for commercial site
plan with building design and building material variance to allow shake facade, a
hardcover variance, front yard parking setback variance of 5' requiring a 15' setback, and
subsequent signage approval by Staff for a uniform sign plan, and as further recommended
by Staff.
Dillon asked what will occur if the study finds that they are unable to get a 15' setback.
Stoddard said the Council will discuss it and use the Planning Commission's
recommendation in their consideration. McMillan noted in her opinion the applicant
should consider that they have not demonstrated a hardship for this variance.
Vote: Ayes 5, Nays 0.
SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS
(#5) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY
SUBDIVISION- 7:31-8:15 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
James Render and Mark Gronber g were present.
Gaffron reported that the proposal is to subdivide a 1.9 acre parcel into three building
sites. The original plan had proposed three lots with an outlot that continues only to the
third lot. The revised plan would expand the outlot to a 42'total width. Along with the 8'
easement already in place, it would result in 50' for a future road connecting Birch Lane to
Tonkawa.
The plan includes issues of concern for a cul-de-sac and its impact on hardcover. The plan
also does not address the need to serve the neighbors in the future, especially in
emergency situations. Birch Lane is presently a 20' corridor that serves about 10 homes.
The property between Birch Lane and Tonkawa is presently served by a driveway.
Gaffron asked the Commission to consider the need to expand Birch Lane over to
Tonkawa. He questioned whether the road needs to be developed now or provide the
means for future expansion. The issue also involves whether to require a private road and
cul-de-sac to serve 3 or more lots. The subdivision would provide the land for the road
extension. The hardcover impact is a primary concern for the westerly lot as the area
within that lot is smaller. The Commission was asked to consider whether to give the
applicant hardcover credit for the property given for the roadway. Gaffron recommended
that a temporary cul-de-sac be constructed between lots 2 and 3. A vacant lot to the west
may eventually need access as well.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
•
(#5 - #2339 James Render - Continued)
Gaffron reviewed the engineering issues as noted in the information packet, #1-6. The
future street extension is provided for in the current plan. He noted no information has
been received from the MCWD. A developer's agreement would be required including a
financial guarantee.
Gaffron reviewed the general subdivision comments noted. He indicated that the existing
33' right-of-way is satisfactory for Tonkawa Road.
Gaffron said the issues for discussion center around access. He noted that the
Comprehensive Plan for an urban area looks at the need for a public road. If that is the
case and a cul-de-sac is built, there would be an issue with traffic and proximity to
Maxwell Bay access. He questioned whether the road could be restricted in its use or if it
should be posted as private.
Gaffron reviewed the Staff recommendations#1-7 as noted on page 6 of the packet
information.
Long Lake Fire Chief, Mike Brown, was present. He indicated that his immediate
reaction to the plan was to ask that the road be extended across to Birch Lane. Brown
said this area is difficult to access. He relayed difficulties that recently occurred from a
fire on West Farm Road. The situation is similar to that found in this area for
emergencies. Brown said he discourages cul-de-sacs as they are difficult to get to and
maneuver in. If a cul-de-sac is built, it should be larger according to Brown. He would
like to see cul-de-sacs that are large enough to drive into and turn around and wide
enough for trucks to pass each other.
Brown was informed that the standard for a cul-de-sac is paving 80'in diameter. Brown
felt this was sufficient for emergency needs. McMillan noted the problem with having
private wells and no hydrants. Brown said water is trucked in. Brown said at least one
engine has to get into a property when fighting a fire.
James Render agreed that good planning calls for the continuation of the two roadways.
He had informed Gaffron that he would contribute his share to that cause. While there
would normally be an even share for right-of-way, Render agreed to provide 42' on his
side of the property for the future road. Render noted that this results in a large loss of
area that is necessary to meet hardcover allowances. He requested a credit be given for
the property taken towards hardcover. He is concerned with building that roadway at this
time. Render does not believe the road should be built until it leads somewhere.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
•
(#5 -#2339 James Render- Continued)
Render felt a cul-de-sac would negatively affect the subdivision as it would only serve
three properties. He noted that the property is less than 300' from a public launch and is
concerned with the use of a cul-de-sac by boat trailers and public access users, increase in
traffic, increase in paved area, and additional hardcover.
The meeting was opened to public comments.
Daniel Reagan said he lives two lots in from the corner on North Shore Drive. He voiced
concern with the road extension. Reagan believes fire trucks should be more
environmentally friendly and made of a size that corresponds to the typical roadways.
Lindquist noted that the Commission has no control over the size of fire trucks. He
informed Reagan that the standard width of right-of-way for public and private roads is
50'. Gaffron added that the road itself would be 28' wide, which is typical in rural areas.
Reagan was informed that the easement is currently 8' and the applicant proposes to add
42'to the 8'. Reagan questioned how this would affect the 1/2 acre requirement. Gaffron
informed him that the 42' would be taken from the new subdivision and would not affect
current property owners. The 8' easement has been in place for about 30 years and
includes the sewer line.
• Reagan said he is also concerned with the flood plain and additional drainage from new
development. Lindquist noted that this is considered in the review process.
Gerald Ray, 3442 North Shore Drive, said his house is accessed by the end of a private
driveway. Ray said his property would be impacted by the continuation of the roadway by
loss of his 3-car garage. He did not support the road extension.
Dave Lindbergh, 3440 North Shore Drive, said he would also lose part of his property if
the road is continued. He indicated that his property fronts CoRd 51. If the road is
continued, his children would be limited where they could play. He suggested
homeowners plow their driveways wider to provide access for emergency equipment. He
does not support the road extension.
There were no other public comments.
McMillan noted that the new plan calls for a T-shaped blacktopped area, instead of the
cul-de-sac. Gaffron said the applicant is attempting to strike a compromise by providing
for the future without affecting the existing neighbors. The T-shape is about 50' long.
Gronberg said the T shape has been approved by other cities for use as a fire truck
turnaround.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
-(#5 - #2339 James Render Continued)
Gaffi on confirmed for Lindquist that the other two options were a cul-de-sac or just a
road. Lindquist felt the 50' road should be dedicated and remain private until such time
that the road is extended. Lindquist noted the need to determine whether a T or cul-de-
sac should be built.
Render informed McMillan that he would ask for an additional 17'to credit hardcover in
return for providing the dedicated roadway. Gaffron informed McMillan that the typical
setbacks would be required.
Gaffron said the private road outlot would be dedicated the entire length. The City would
take an underlying easement. The Commissioners were in agreement with Gaffron's
recommendation for a 28' wide roadway.
The question remained of when the road should be extended and whether a T or cul-de-
sac. Lindquist said he preferred the cul-de-sac but understood the concerns of the
applicant if one was built. Smith suggested a shared driveway be allowed for two lots.
She recommended two driveways instead of the cul-de-sac.
Render clarified that the 28' wide private road would extend only to where the turnaround
would be located. Commissioners agreed.
Berg agreed with Smith in preferring no cul-de-sac. Gaffron asked if the shared driveway
would be between lots 2 and 3. Render said the shared driveway would be located
between lots 1 and 2 for future access.
Lindquist moved, McMillan seconded, to approve Application#2339 with the
understanding that the 50' right-of-way would extend the complete length of the property
through the granting of 42' from the property owner in addition to the current 8' of
easement. The road would be a 28' shared private road with a paved T turnaround. The
applicant would be allowed a credit of a 17' strip of land for hardcover allotment.
Gronberg asked if the road could be platted as a 25' outlot with an additional 17'
easement. Lindquist said it would have to be 50' platted through 42' from property owner
and 8'from other properties.
Vote: Ayes 5, Nays 0.
(#6) #2340 ROBERT WAADE, 3280 AND 3290 NORTH SHORE DRIVE-
PRELIMINARY SUBDIVISION WITH CONDITIONAL USE PERMIT- 8:15-8:39
P.M.
• The Certificate of Mailing and Affidavit of Publication were noted.
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MINUTES OF THE ORONO PLANNING COMMISSION
iviEE I UNjJ HELD ON r t,DI\.Uti s.11/, 1770
- lfnd(1 RnhPrt WaarlP - f nntimiPrll
The Applicant was present.
Gaffron reported that the subdivision was originally reviewed as a sketch plan. The
property is located in the Lit-1U-1, 1/2 acre single tamely zoning district. l ne proposal is
to subdivide the property into two lots, one lakeshore lot with a single family residence
and one non-lakeshore, non-riparian, with duplex. The code requires 1/2 acre. The
duplex would require a conditional use permit. A duplex is allowed on the property as the
property is within 200' of the B-2 Commercial District to the west.
The proposal includes a 50' platted road corridor to serve these properties and three
existing homes to the north as well as the garage of the home on the corner. A 30'wide
outlot would serve the backlot, which requires 150% of lot area and setback standards.
This requires the lakeshore lot to be 3/4 acres in size, which it is. Gaffron indicated that
by crediting the 75-250' hardcover in the 250-500' setback, the property would meet the
intent of the hardcover regulation.
Gaffi on reviewed the lot standard requirements. He noted Lot 2 is technically a front lot.
The duplex lot does not meet the area standard for being riparian, and as such, would be a
factor to account for in determining whether the duplex lot could have lake access. Lot 2
• meets the 135' minimum width for a duplex if the front lot line is defined as the east
frontage of Lot 2 abutting Outlot A. This would eliminate the need for a variance. The
side and rear yards are conforming. Gaffron noted that the code calls for no more than
two residences being served via an access outlot but the plan calls for three units served by
Outlot B. Gaffi on indicated a solution would be to design a duplex with a separate access
driveway coming off the road outlot, Outlot A. Outlot A is being platted as a private
road. Staff believes it is reasonable to require a 24' paved road be constructed the length
of Outlot A and connect from the end of the lot to the County road to the north. Lot 1
meets the requirements for a backlot as noted in the information packet on page 2.
Gaffron said Hennepin County Public Works has suggested in their comments that a
triangular piece of right-of-way be dedicated to deal with the slope and sight distance
concern along North Shore Drive. This presents a problem because dedicated right-of-
way is subtracted from the calculation of lot area. The result would be a lot less than the
required 1/2 acre and necessitate a variance.
Gaffron reported that a grading and drainage plan has not yet been submitted. He also
noted that the MCWD suggests a payment towards ponding in lieu of constructing a pond
on the property. The City Engineer, however, suggests a pond be constructed. If this
occurs, the lakeshore lot would then be less than the required 3/4 acres.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
S (t#h - Rnhart Wand,. - Cnntinipol
Gaffron indicated that a lot not abutting lakeshore does not get lake access. Previous
discussion had suggested applicant would like both properties to have docks. Gaffron
recommended that no variance be allowed.
The City and County park plans suggest a trail along North Shore Drive. There is enough
right-of-way already provided to accommodate a trail. Park dedication fee is
recommended.
Gaffron suggested tabling the application until the pond and stormwater plans have been
received. He recommended approval of the front/back lot layout. He noted hardcover
zones have been recalculated. Gaffron reviewed the Staff recommendation as noted in the
information packet, #1-9.
Mr. Waade had no comments at this time.
During public comments, Sam Marfield, 2455 North Shore Drive, indicated that a duplex
in this area would be out-of-character. Jim DePietro, another resident of North Shore
Drive, agreed.
• David Dalvey, 3230 Bohns Point Lane, agreed with Marfield. He believes the
neighborhood of nice homes should not include a duplex. He asked the purpose of the
proposed duplex. Waade said the upscale units would be rental. Dalvey said he has had
problems with other rental properties and submitted a letter requesting that the duplex not
be rental property. Lindquist acknowledged receipt of the letter.
Richard D. Allen, 3220 Bohns Point Lane, said he shares the opinion of Dalvey regarding
a duplex. He does not feel a duplex is consistent with the neighborhood and would be
squeezed in on the property. He is concerned with setting a precedent by allowing the
building of a duplex on this property.
Mr. Waade noted the property is next to a marina and felt the location was ideal for a
duplex. He indicated the plan calls for an upscale design and be an improvement to the
neighborhood. Waade said he would create a berm between his site and the marina. He
did not believe buyers would want a big house next to a marina.
Gaffron clarified the zoning for the public. He indicated the marina is in the B-2
Commercial District. The LR-1C-1, 1/2 acre, residential zoning allows for a duplex to be
located within 200' of the commercial or marina area. To the east and south of North
Shore Marina is one acre single family residential zoning.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
• - -
(#6 #2340 Robert Waade Continued)
Stoddard asked what variances would be required if the property were single family.
Gaffron said the same issues exist except only a 100'width requirement for the south lot.
Right-of-way would still be required for the road and stormwater ponding, which is
difficult for this site, unless the outlot is narrower than 50'.
Smith asked if a conditional use permit would be required. Gaffron said it would not if the
entire property were single family.
Lindquist noted the buildability of the property is in question if a pond is required.
Marfield asked if it was at the City's discretion to allow a duplex. Gaffron indicated that it
requires a CUP and the City may add conditions to it, but if other requirements are met, it
would be difficult to deny an application for a duplex. He noted the issues still requiring
resolution.
Marfield felt the property was being stretched to gain two lots. He reiterated his lack of
support for a duplex.
Lindquist said information will be required for stormwater and road rededication needs of
110 the County before any decisions can be made. He indicated that he would not support
additional variances.
Smith asked what the County was requiring for the road. Gaffron said the County is
asking for 66' of right-of-way.
Smith moved, McMillan seconded, to table Application#2340 pending a report on
stormwater ponding and grading and drainage plan. Vote: Ayes 5, Nays 0.
(#7) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD-
PRELIMINARY SUBDIVISION- 8:399-9:26 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
Ed Otto and Daniel Anderson were present.
Gaffron reported that the sketch plan was reviewed for the subdivision in January. He
received comments on this date from Hennepin County Public Works. Septic sites have
been confirmed. There are suitable sites on all 7 lots for both primary and alternate sites.
Additional testing will be conducted in the spring to determine whether a trench system
can be used instead of mound systems for some lots. Design work is still needed for all
septic systems.
•
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MINUTES OF THE ORONO PLANNING COMMISSION
1V1E C 111V.J HELD Iii‘ FEBRUARY 1 !, 1770
_
(#7 #2341 Daniel Anderson - Continued)
Gaffron reported that all lots meet the 2 acre requirement and width requirement at the
snoiciine. LUIS 2 anu 3 are cui-de-sac lots. Wine they ale 100' anu i iu in defined width,
the lots are rectangular in shape and functional. The lots are uniquely shaped but appear
to be somewhat flexible without encroaching into septic dramtleld sites. Lot I is
technically a through lot and will accommodate the existing house without the need for
any setback variances. All other buildings on the property are intended to be removed
resulting in Lots 2 through 7 becoming new building sites. Lots 4, 5, and 6 are Lakeshore
lots and meet the 200' minimum width requirement. Lot n has an hourgiass shape that
leaves a functional width of 165' at the proposed building site meeting side setback
requirements.
The road outlot has changed from the sketch plan. The proposal calls for a single private
road with a wing to serve Lot 7. 'There will be only one access to the County road, which
is satisfactory to the County. The County and City require that all other accesses to Old
Crystal Bay Road be eliminated.
The City Engineer reviewed the road layout. The horizontal curve for the private road at
125' radius does not meet the City's 275' standard for a 30 mph road. It would, however,
meet it for a 20-25 mph posting, but this is usually not done for private roads. Revising
• the road to meet the 275' radius would most likely impact the septic sites.
A future trail from the Luce Line on the east side of Old Crystal Bay Road through French
Creek Woods would not require trail dedication on this property. There would be a
problem with lots 2 and 7 if the trail were to come on this west side of the road. The 6
new lots would be subject to park dedication. Hennepin County has asked for an
additional 7' of right-of-way as they are of the opinion that provision for the trail should be
made. The City would be consistent with past practice in not requiring the dedication of
additional right-of-way for Old Crystal Bay Road. Gaffron noted that the proposed length
of the road and cul-de-sac is about 700' and meets the length limitation.
Gaffron indicated that the applicant is not proposing any stormwater ponding on site. The
City Engineer has recommended that stormwater ponding be provided on site. Once
ponds are developed, one or more lots may become smaller.
Proposed grading is planned for Lot 6 to create a better walkout site. It will need revision
to avoid encroachment of the bluff impact zone. Gaffron noted that grading must be
limited to preserve the septic sites with the road being close by. Building plans for lots 5
and 6 require further review.
Gaffron reported that there are no City utilities serving this part of the City. He also
indicated that the applicant has agreed to a tree preservation easement to maintain the
• significant woods on the property.
13
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
-
(#7 - #2341 Daniel Anderson Continued)
Gaffron reviewed the issues for discussion, #1-8, as noted on pages 5 and 6 of the memo.
Surveyor, Ed Otto, responded to Gaffron's comments. He felt lots 2 and 3 were
functional and adequately served by the cul-de-sac to allow for variance approval. Lot 2
has frontage on Old Crystal Bay Road. Lot 7 is preferred to utilize the 50' wing as
planned in order to better control traffic. Otto said the road radius was designed to
protect the septic sites on Lot 1. He indicated that the area east of the house contains fill
and cannot be used for a septic site.
Otto said Dan Anderson and Marty Campion met with MCWD representatives regarding
stormwater ponding and runoff. They conceptually approved a cash donation in lieu of
ponding due to the septic sites. With the site being sloped and containing a bluff impact
area, the MCWD would like to maintain that area for water treatment as the only
functional place for a pond is on the top of the hill. Otto said the City Engineer had
suggested the use of catch basins.
Otto said only a minimal amount of grading would occur on Lot 6. He would adjust the
grading to eliminate any encroachment of the bluff impact zone. Otto noted that there is
also room to pull the house back on Lot 5.
• Stoddard asked if an average lakeshore setback variance is required. Gaffi-on said it
depends on what house is built first. He suggested defining house locations and approving
the average lakeshore setbacks now to avoid the need for future variances. Lindquist
agreed. Otto said the building pads are determined based to the septic sites.
Otto said he would be willing to grant a conservation easement to protect 6" or larger
trees on the bluff Lindquist asked to see a vegetation plan. Anderson indicated there
were no trees on the building pad locations and only a few where the road is located.
Smith indicated her concern is what happens once people move into the homes. She
would like to see the land protected. Otto agreed.
During public comments, Duke Hust, 820 Old Crystal Bay Road, voiced concern with the
bike trail. He noted the trail has to cross the road at some point. His home was built in
1909 and is only 52' from the road. A trail on Hust's side of the road would severely
impact his property. Hust indicated that the Blair property to the north of his is closer yet
to the road. Hust felt the location for the trail crossing should be at Fox Street.
McMillan informed Hust that an easement has already been granted for the trail on the
east side of the road. Hust said the decision by Council differed from that recommended
by the Planning Commission at the time the easement was granted.
•
14
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
(#7- #2341 Daniel Anderson - Continued)
Gaffron reported that members of the Park Commission and Staff walked the trail area to
determine the best location for the trail. They determined that the best location was on the
east side due to the topographical conditions and septic sites on the west side. Gaffron
said the Park Commission is aware of the issues presented by Hust. Gaffron felt taking an
easement on the subject property on the west would allow the opportunity for a trail in the
future on the west side if the properties were to be sewered. He noted that taking an
easement now does not determine where the trail will eventually be built.
Francis Graham, 1100 Old Crystal Bay Road, indicated there were topographical issues on
the east side as well. She hoped that no decision was made at this time to preclude the
trail being located on the west side.
Lindquist informed the public that the Commission makes a recommendation to Council.
The Council makes the final decisions. He suggested the public attend the Council
meeting when this topic is again discussed.
Mike Dallas, 1020 Old Crystal Bay Road, asked if there were restrictions along the
Lakeshore with the high elevations. Lindquist informed him of the 30' setback from the top
of a bluff. The proposal meets that setback. Dallas asked about the loss of trees.
• Lindquist said there would be no walkout building sites in the bluff area. The lots will
have the ability to have a dock at the lake and have a walkway to the lake within the 0-75'
setback.
Judd Dayton, 825 Old Crystal Bay Road, asked about dock usage noting there were only
3 lakeshore lots. He questioned whether the other lots would be able to have dockage as
well. Gaffron said the lakeshore property owners cannot legally grant an easement or
means for dockage other than for the owners themselves. He did note the difficulty in
controlling this situation. Gaffron said the City would make it clear that the City would
not sanction any access for the other 4 lots to the lake; both the code and history does not
allow this to occur.
Smith said the revised plan is an improvement. Lindquist agreed. He indicated the need
for a stormwater pond review. He also felt the 10' easement should be maintained to keep
options open until a decision is made on the trail.
Smith asked that the conservation easement include trees, woodlands, and natural
vegetation. McMillan agreed. She questioned how it should be worded. Gaffron said this
would be written prior to review by Council.
•
15
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
•
(#7 -#2341 Daniel Anderson- Continued)
McMillan asked where the existing septic site is for the existing home. Gaffron said there
are two proposed septic sites. Anderson clarified that the existing septic has to be
removed as it is non-conforming. McMillan asked if any of the septic sites are more than
6% slope. Gaffron said all sites meet the 6% slope requirement. Additional testing for
possible trench systems will be conducted this spring. Trench drainfields would require
less land than the mound system sites that have been selected. Otto confirmed that there is
more than adequate room for all septic sites.
McMillan asked if Staff received comments from Hennepin County regarding Lots 6 and 7
being adjacent to the park. Gaffron said he had discussed the issue with Del Miller, who
had no concerns.
Brad Bressler reported having gone on the walking tour with the Park Commissioners.
He said they determined that a 10' easement would not be sufficient with the grades found
on the west side and would require retaining walls. There are also power poles close to
the road that would have to be relocated. These reasons, along with the fact that an
easement already exists on the east side, resulted in Park Commission's determination that
the east side was the best location for a trail. Bressler identified the area determined to be
the best location for the trail to cross over to the west.
Bridget Hust, 820 Old C rystal Bay Road, noted that they hear cars driving down the road
since their home is so close to the road. With the speeding cars, Hust felt an intersection
would be required for crossover of the trail. She did not believe cars would be able to
stop in the location noted by Bressler if people are crossing the road. Hust said they were
not informed of the meeting when the Council decided the trail should be located on the
east side.
Another member of the audience indicated that it would be wise to resolve the trail
location soon. This gentleman felt it would be difficult to cross the road at the location
noted by Bressler as cars are traveling 40-50 mph.
Francis Graham emphasized the need to protect the trees on the subject property noting
the uniqueness of the woodlands.
Dan Anderson said he was willing to work out a trail easement for the west side. He
indicated that the 6% slope requirement for mound drainfields is not mandated by the
State and felt there were alternatives available.
Stoddard informed the public that the Commission will inform the police department of
the speeding problem on Old Crystal Bay Road. He indicated that a decision will not be
• made at this time regarding the bike trail location.
16
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
• (#7 -#2341 Daniel Anderson - Continued)
McMillan noted that there are difficulties with the trail on both the east and west sides of
the road from the Luce Line to Noerenberg Park. She indicated the details of the trail
have not been planned out but consideration is being given for long range planning.
Anderson reaffirmed that he would try to make it easy to provide an easement for a trail
on the west side while being fair to septic site needs on Lot 2. Otto said the major
concern is adherence to the 6% slope requirement. He is concerned with having an
alternate site for Lot 6. Anderson said another site would be about an 8% slope.
Lindquist moved, Smith seconded, to approve Application#2341 with lot width variances
for Lots 2 and 7, acceptance of access method as noted for Lot 7, all existing accesses to
the county road be eliminated, road radius of 125', trail easement of 15', stormwater
ponding or letter from MCWD on acceptable ponding, no bluff impact variance allowed
for Lots 5 and 6, tree, woodland, and natural vegetation preservation program, and
adherence to normal development requirements, including perimeter drainage and utility
easements, private road easements and covenants, developers agreement, and park
dedication.
Lindquist informed McMillan that he is requesting the applicant develop a plan for
woodland preservation. Smith cited an example of criteria developed on the Spencer
• property that could be used as a guideline. Gaffron said it would be drafted for the
Council to review. Smith said she would like to see the plan. It was determined that the
applicant will work with Staff on developing the plan.
Vote: Ayes 5, Nays 0.
(A short break was taken.)
NEW BUSINESS: PUBLIC HEARINGS
(#8)#2338 GRANT WENKSTERN, OWNER OF LAKEVIEW GOLF COURSE,
405 NORTH ARM DRIVE - CONDITIONAL USE PERMIT-9:34-9:42 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Gaffron reported that the request for conditional use permit is for land alteration in excess
of 500 cubic yards for two separate areas of the golf course. One is the expansion of tees
and creation of a pond for pole#18. The second is for expansion of tees and creation of a
pond near the center of the course between the 4th and 5th tees. A variance is required
for grading within 26' of a pond near#18.
•
17
MINUTES OF THE ORONO PLANNING COMMISSION
iviEE i I 'J i1tLD ON FE,E3RULits.Y i 7, i 998
(#8 - #2338 Grant Wenkstern - Continued)
Gafi-on showed the grading plan. He indicated that once the vegetation is reestablished, it
snouid not change the stormwater patterns. Erosion control is necessary during
construction. Neither pond is in wetland areas. Gaffron did not believe a conservation
and flowage easement was necessary at this time. He telt it such an easement was
required, it should be done for all the ponds on the course. There will be no negative
visual or environmental impacts from the excavation.
Gaffron questioned whether the improvements could be done outside of the 26'wetland
separation. Wenkstern said the purpose is to reinforce the dike. He noted the large pond
flows to Forest Lake, while the other pond flows to North Arm.
Gaffron said Staff recommends approval of the land alteration permit subject to the
creation of a 10:1 bench at the wetland perimeters. Wenkstern said the bench would
result in the creation of cat-tails, which is not acceptable on a golf course. He said the
pond would not be created if the bench is required. Gaffron said the issue is one of safety.
Gaffron said the City Engineer did say he understood the issue a bench creates for a golf
course and would not insist on its creation. Wenkstern noted that one of the ponds being
worked on was originally a pond that had been drained.
1111 There were no public comments.
McMillan moved, Berg seconded, to approve Application#2338 for a CUP for land
alteration and variance for working within 26' of a wetland per conditions recommended
by Staff with the exception of condition#1 where a 3:1 slope would be allowed in lieu of
the bench. Conditions#2-5 still apply.
Wenkstern indicated he would create a bench for the pond on the north side, if possible.
Vote: Ayes 5, Nays 0.
(#9) #2317 KHASROW DAIVARI, 1082 LOMA LINDA AVENUE- AFTER-THE-
FACT VARIANCES- 9:42-9:55 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
18
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
•
(#9 - #2317 Khasrow Daivari - Continued)
Bressler distributed pictures of the property. He reported that the application is for an
after-the-fact variance for structural coverage and average lakeshore setback for a
screened porch over an existing deck. Bressler indicated the porch may impact the views
for the property to the south as this property is significantly higher in elevation. The porch
was constructed without a building permit. If approved, the building inspector said the
porch would have to be retrofitted to meet code by improving the structural soundness,
adding required frost footings, and include a solid enclosed roof. Bressler noted the
applicant takes exception to this requirement.
Bressler said Staff recommends denial of the variances as the porch would encroach 6'
ahead of the average lakeshore setback and increase structural coverage to 16.4% where
15% is allowed.
Daivari said the home is a summer home only. He constructed the porch due to problems
incurred with mosquitoes. He did not want to enclose the roof, except with screening, to
allow the sky to be viewed. Daivari said the porch would be painted and the screen is
removable.
In response to Lindquist's comment that the porch does not meet building code, Daivari
• said he did not design the porch as a building. Bressler noted that the applicant would be
allowed to put a tent up on the property. Berg informed Daivari that once framing is
done, it becomes a structure. Smith noted that Daivari requested approval of the porch
from Council last summer and was denied. She indicated denial would show consistency
amongst the Council, Planning Commission, and Staff.
Bill Bockman, a neighbor of Daivari's, supported the porch. Smith informed him of the
purpose of the code regarding safety. McMillan added that if the property is sold, further
problems could occur with additions to the porch.
Daivari asked if he removed the porch and submitted an application, if a variance would be
approved. Bressler indicated that it would require average lakeshore setback and
structural coverage variances, which necessitate the need for showing hardship. He did
not feel the situation was unique to this property. Lindquist informed Daivari that he did
not believe the application would be approved.
Lindquist moved, McMillan seconded, to deny Application#2317. Vote: Ayes 5, Nays 0.
Smith asked if there was room between the residence and average lakeshore setback for a
porch. Bressler said there was about a 5-6' space to work within.
• Bockman questioned why other average lakeshore setback variances were approved in the
neighborhood. Smith suggested he contact Staff to discuss the matter.
19
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
JEFF. A BSEN
(#10)#2334 LECY CONSTRUCTION FOR TE T CO , 127 CHEVY
CHASE DRIVE - VARIANCE - 9:55-9:59 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicants were present.
Bressler reported that the owner removed the existing house on a lot that does not meet
zoning requirements. Construction of a new house requires lot area variance. All other
setbacks will be met.
The applicant said he was frustrated by the problem that arose. A permit had been issued
for removal of the existing house.
Smith was informed that the property is consistent in size to other lots in the area.
There were no public comments.
Gaffron said the application would be heard at the February 23 Council meeting.
Smith moved, McMillan seconded, to approve Application#2334 for lot area variance.
• Vote: Ayes 5, Nays 0.
(#11) #2335 LAWRENCE MOLSATHER AND LINDA SALLEE, 3285 CARMEN
ROAD -VARIANCES- 9:59-10:41 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicants were present.
Bressler distributed pictures of the property. The application is a request to rebuild and
expand the existing deck on the lakeside of the residence requiring variances for structural
coverage, 0-75' hardcover, lakeshore setback, and average lakeshore setback. The current
deck is 2'5" wide and located underneath the existing 3.4' overhang. Bressler indicated the
deck could be expanded to a 3.4'width without increasing the structural coverage,
hardcover, or encroachment on setbacks. Bressler noted that the hardcover calculations
by surveyor did not include the overhang and calculations were adjusted by staff to reflect
the overhang in structural coverage and hardcover amounts.
Bressler said the proposed deck would be 6'7" beyond the roof line. The deck may impact
the views for the neighboring property. Staff recommended the deck be scaled back to the
width of the overhang. The deck as it exists is not functional. Bressler reviewed Staffs
recommendation as outlined in the information packet.
•
20
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
(#11 - #2335 Lawrence Molsather and Linda Sallee - Continued)
Mr. Molsather said the recommendation is unreasonable. He noted the home to the east
extends closer to the lake. His property is on a gradual point of land along the lakeshore
and the average lakeshore setback is deceiving. He feels the main issues for the proposed
deck are safety, practicality, and enjoyment. He noted the current difficulty in moving
past an open window or doorway. In order to clean his gutters, it requires using the deck
or climbing on the roof, which is no longer feasible for he and his wife. Molsather said
due to trees on the wooded property, it necessitates cleaning the gutters every other week
during the summer months. He feels having enough room to have chairs on the deck is a
reasonable request.
Molsather, who is an engineer and hydrologist, says the deck will have openings through
which water would run. The drainage patterns would not change. He indicated rock over
plastic is placed 7-8' out from the house. Molsather said he and his neighbors currently
maintain the nearby City cul-de-sac. He also changed a hard surface area used for parking
into green space on his front yard. There is plastic underneath the rock on his property,
and he would be willing to change it to sod. The amount of rock with plastic is about 382
s.f. The deck would be 316 s.f. Molsather said he would make changes to the flagstone
walkway if necessary as well.
• Bressler indicated that Staff was not aware of the plastic under the rock, and the plastic
was not included in the hardcover calculations. Lindquist said the plastic would have to
be removed.
Berg inquired about the average lakeshore setback. Molsather presented letters from his
neighbors supporting his request.
Lindquist noted that the current code would not allow this house to be built today.
McMillan suggested reconfiguring the deck to allow the deck to extend further out in one
area by eliminating a portion of its length elsewhere. Molsather questioned how he would
then maintain cleaning of the gutters.
Stoddard felt the request for variances was similar to other approvals made, and with the
neighbors support of the proposal, Stoddard said he would support the applicant's request.
He asked if there was other hardcover that could be removed besides the plastic.
Sallee said she would be willing to remove the gravel over plastic under the deck. She
was informed that it was a moot point as the gravel should not be there now.
21
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
_ -
{#11 #2335 Lawrence Molsather and Linda Sallee Continued)
Lindquist informed the applicants that he did not believe additional hardcover in the 0-75'
would be approved noting removal of plastic was not an option and would be required to
be removed. He said from comments made, the Commission was willing to trade a
portion of the deck in one area for extension in another without adding to the structural
coverage. Bressler noted that any trade would add to hardcover because the deck would
extend beyond the overhang. McMillan said the attempt was to gain a functional deck.
Lindquist said he could not support a request for additional hardcover in the 0-75' setback.
Stoddard said he would approve the application as submitted.
Molsather questioned whether exceptions can be made as that is the purpose of variances.
McMillan informed him that since a deck existed, he would be allowed to reconstruct the
deck using the existing amount of decking. Stoddard noted that the code requirements
not allowing structure in the 0-75' setback did not exist at the time the house was
constructed. He felt the deck is very narrow and not functional as it exists. He felt the
applicant had the right to replace the deck and reconfigure it.
Stoddard moved to approve Application#2335 to add a deck subject to variances
including average lakeshore setback, 0-75' hardcover, structural coverage, and lakeshore
setback, with limiting the additional deck to 221 s.f. The applicant would be required to
remove all plastic under rock in the two areas under the house and by the lakeshore. This
motion would allow a deck 8'wide along the length of the house.
The motion failed for lack of a second.
Molsather said he would have agreed to Stoddard's motion. Sallee said the proposed deck
would not change the look of the house but only add to its usefulness. McMillan informed
them that she did not second the motion as she would have needed to see the deck design.
Lindquist said the applicant may be able to take the same amount of deck as exists and
reconfigure it. He felt no additional amount of deck would be approved. He asked if the
applicant would like to table the application for further review or move the application
forward to Council.
McMillan said she would agree to allowing some additional square footage to gain a
functional deck for the applicants.
Smith questioned how much of an increase would be supported. The proposal is for 3%
increase. Lindquist said he would not favor that increase.
Berg was informed that the purpose of the deck is to enjoy the lake and enable the
• applicants to clean the gutters.
22
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
• - Continued)
(#11 -#233 5 Lawrence Molsather and Linda Sallee Contra )
Stoddard noted that his motion decreased the percentage of structural coverage increase
by one-half.
Lindquist said he would like to see another drawing. He said the Commissioners felt a 1
or 2% increase in hardcover would be approved with removal of plastic under rock and
decreasing the length of the deck. Lindquist noted he was in the minority, not supportive
of any additional hardcover.
Lindquist moved, Smith seconded, to table Application#2335 to allow the applicants to
redraw the deck design reducing the amount of additional hardcover to under 3% to gain a
more functional deck. Vote: Ayes 5, Nays 0.
(#12) #2336 BRUCE NEWTON, 3580 FREDERICK STREET- AFTER-THE-
FACT VARIANCE - 10:41-10:46 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Bressler distributed pictures of the property. The application is a request for after-the-fact
rear setback variance to replace a deck. The residence faces the side street. The deck
would not adversely affect hardcover amounts and would not encroach the rear yard
beyond what is existing. Bressler indicated that the City only has a prescriptive easement
over the southwest corner of the lot. The City would like to have a permanent easement
for the paved area and 5' from the curb. Staff recommended approval of the variance
subject to this condition.
Mr. Newton said the deck existed for 23 years. He replaced the deck as it stood as it had
become rotten.
There were no public comments.
McMillan moved, Smith seconded, to approve Application#2336 for rear setback
variance with the condition that a permanent easement be obtained as noted in the Staff
recommendation. Vote: Ayes 5, Nays 0.
The application will be heard at the March 9 Council meeting.
•
23
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING IELD ON FEBRUARY 17, i 998
IA
(#13) #2337 SCOTT YOUNG, 3359 CRYSTAL BAY ROAD- VARIANCES- 10:47-
10:51 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Bressler reported that the application is a request for a second story addition over a
portion of the residence, which encroaches on the side and lakeshore setbacks. The
addition will meet the height requirement. The elevation drawings were shown. The
improvements would not further any encroachment. Staff recommended approval of the
application.
The applicant had no additional comments.
There were no public comments.
Smith noted that the homes on the street were approaching a massiveness beyond what is
satisfactory.
Lindquist moved, Berg seconded, to approve Application#2337 per Staff
recommendation. Vote: Ayes 5, Nays 0.
The application will be heard at the February 23 Council meeting.
(#14) #2342 MARK CASEY, 255 LANDMARK DRIVE - CONDITIONAL USE
PERMIT- 10:51-10:54 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Gaffron reported that the application is a request for land alteration requiring a conditional
use permit and variance for excavating 2.2 cubic yards at the shoreline to create a beach
area. The location of the beach was shown. The applicant is also riprapping other areas
along the beach. The beach would be 24' wide and extend 7.5' shoreward of the 929.4
contour. There were no issues involved or impact on engineering or views. Gaffron
noted that the Council has suggested the code be amended to allow such proposals to be
considered at the Staff level.
Smith moved, Berg seconded, to approve Application#2342.
•
24
. 1 t I r
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
• - - Continued)
(#14 #2342 Mark Casey Conti )
Stoddard noted that the MCWD does not permit sand laid from the water line forward.
Gaffron noted that the applicant has the necessary permits for the riprapping and sand
blanket.
Vote: Ayes 5, Nays 0.
The application will be heard at the February 23 Council meeting.
Gaffron said he felt with strict guidelines, Staff would be supportive of having authority to
approve excavation up to 10 cubic yards, which is one truck load.
(#3) #2325 LAKE COUNTRY BUILDERS ON BEHALF OF JOHN AND CINDY
OLSON, 950 NORTH ARM DRIVE - VARIANCES
The Applicants requested the application be tabled to the March meeting.
Berg moved, McMillan seconded, to table Application#2325 for review at the March
meeting of the Planning Commission. Vote: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS
(#14) REPORT OF PLANNING COMMISSION REPRESENTATIVES
ATTENDING COUNCIL MEETINGS ON JANUARY 26, 1998 AND FEBRUARY
9, 1998
No additional comments were given.
(#15) OTHER ISSUES FOR DISCUSSION
Smith was congratulated on her appointment as Chair of the Planning Commission. Hawn
will be Vice Chair. Smith extended accolades to Lindquist on his performance as Chair of
the Planning Commission this past year. Commissioners extended appreciation to
Lindquist.
McMillan suggested the City provide magnetic signs for Planning Commissioners to place
on their vehicles during property review to identify their presence. Lindquist felt a picture
identification would be a good idea as well. Gaffron will explore the possibility of
providing identification.
Smith was informed that the Home Occupation report will be given to Council for further
direction. No further work has been done on the Tree Preservation Ordinance.
•
25
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
•
(#16)PLANNING COMMISSION APPROVAL OF MINUTES FOR JANUARY
20, 1998
On page 39, under agenda item#20, 2nd paragraph, 2nd sentence was changed to read,
"All existing buildings will be removed."
Lindquist moved, Smith seconded, to approve the Minutes of the January 20, 1998
Meeting as amended. Vote: Ayes 5, Nays 0.
(#17) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS
ON FEBRUARY 23 AND MARCH 9, 1998
February 23 - McMillan March 9 - Smith
ADJOURNMENT
The meeting was adjourned at 11:02 p.m.
� .e Lindquist, .it 13'r:on
•
•
26