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HomeMy WebLinkAbout04-20-1998 Planning Commission Minutes r T • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, Janice Berg, Charles Schroeder,Dale Lindquist, 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, Public Services Director Greg Gappa and Recorder Carole Haseman. Chair Smith called the meeting to order at 6:30 p.m. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (Agenda item#1 follows item#2) (#2) #2340 ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - PRELIMINARY SUBDIVISION WITH CONDITIONAL USE PERMIT - 6:30-6:32 P.M. Smith announced that Application#2340 was tabled at the request of applicant. (#1) #2325 LAKE COUNTRY BUILDERS ON BEHALF OF JOHN AND CINDY OLSON, • 950 NORTH ARM DRIVE -VARIANCES -6:32-6:50 P.M. The Applicant was present. Van Zomeren reported that the Planning Commission previously reviewed the application at the January meeting and application was tabled at the request of applicant on March 16, 1998. The property is zoned LR-1B and meets all of the minimum zoning requirements for the district except bluff setback. The existing residence was constructed before the Shoreland Regulations were in place and is located between the 75' lakeshore setback and the top of the bluff. Hardcover is not an issue. The revised plan proposes to replace a deck with a lakeside upper level deck extending 8' from the existing residence and 27' in length with a stairway to the ground. The area underneath the deck would be enclosed for a screen porch. Staff recommends approval of the revised plan with the condition that in the future the deck and screened porch cannot be converted into enclosed living areas. Olson's builder from Lake Country Builders stated the original plan included an upper level screen porch on the deck area but that plan was revised because it obstructed the lake view. • �s s- w • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#1 - #2325 Lake Country Builders - Continued) Hawn asked if the screened porch could be entered from inside the house. Lake Country Builders explained the screened porch design is similar to a walkout with entry from the stairway. Smith asked if applicant was comfortable with the recommendation that the area could not be converted into an enclosed liveable area. Olson said the present deck needs to be replaced and understood what the Planning Commission was recommending. There were no public comments. McMillan asked for clarification if improvements could be made to the house on the side facing the road. Van Zomeren said the building pad was limited and would not meet the 30' setback. Lindquist moved, Schroeder seconded, to approve Application #2325 for the construction of an 8'x27' deck with a screened porch area underneath upon the condition that the deck and screened porch cannot be converted into future enclosed living area. Vote: Ayes 6,Nays 0. (Agenda item#3 will be heard at 7:00 p.m. • NEW BUSINESS: PUBLIC HEARINGS (#4)#2352 RICK FREDERICKSEN REPRESENTING WOODHILL COUNTRY CLUB,200 WOODHILL ROAD - CONDITIONAL USE PERMIT - 6:50-6:52 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Van Zomeren explained the applicant is proposing to construct a 14'x22' pump house over a well currently being installed. The country club is a conditional use and any additional structure on the property requires an update of its conditional use permit. It does meet the setback requirements. The accessory structure will not be visible or have a negative impact on adjacent property owners. Staff recommends that the structure be included into the conditional use permit application for Woodhill Country Club. No public comments. Schroeder moved,Berg seconded,to approve Application#2352 to approve Woodhill Country Club to build a pump house as submitted. Vote: Ayes 5,Nays 0, Abstain 1 (McMillan). • 2 • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#5) #2353 LEN BUSCH, 1265 SHORELINE DRIVE -VARIANCE - 6:52-7:05 P. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was present. Van Zomeren said the property contains 1.22 acres and is located in the LR-1 A 2 acre minimum zoning district. The applicant is requesting a hardcover variance in the 75-250' setback area to build a 750 s.f. hobby room. There is a large wetland area in the northeast section of the property. Hardcover numbers are high because of the driveway design, and construction of the pool and patio took place prior to the Shoreland Regulations being in effect. Staff recommends that the Planning Commission discuss the application with the intent of reducing hardcover. The structure is proposed to be located 10' off the property line which meets the setback requirements making use of the existing driveway and a corner of the existing hardcover. Busch explained the driveway is odd and difficult to turn around in. It is too dangerous for cars to back out onto County Road 15. One car in the driveway can block all cars. Although he does not like the driveway and would like to get rid of some of it on the side, he needs the space for parking • as several family members visit often. The proposed free standing building needs no driveway. The installation of a garage door would allow access of storage items and would result in a 5-6' pad in front of the door. He suggests cutting off about 350 s.f. of driveway with a lawn area in front of it. The building is 725 s.f. which would only add 395 s.f. to the total square footage. Staffs alternate proposal is not an option because it is located over the well on his property. Van Zomeren apologized for the misrepresentation but the surveyor did not indicate placement of the well on the survey. Busch said his property is unique and secluded from neighbors. There would be no increase in water runoff to the lake because drainage flows to the wetland area on his property. He is looking forward to retirement and needs to find space for his hobbies. The proposed building would meet his woodworking needs. No sewer or water would be installed in the building. Smith asked if there would be adequate turnaround space. Busch felt it would. Lindquist indicated the building size was excessive. Busch said the 25'x30' size makes it symmetrical with the garage. Smith asked if he had existing living space to use as a hobby room and/or other area to give up. Busch said the house does not have a basement and lacks storage room. Van Zomeren said adding 300 s.f. of hardcover represents a 3.2%increase for that setback area. Hawn suggested reducing the driveway. Smith recommended reducing the building size to 25'x20'. She inquired how the building would be heated. Busch intends to install a gas furnace and wood stove in the proposed building. Hawn suggested approval be based on the condition that only a limited amount of hardcover be added. • 3 . ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#5 - #2353 Len Busch- Continued) Lindquist moved, Hawn seconded,to approve Application#2353 for construction of an accessory building no larger than 25'x25' with the condition the driveway be partially removed so the total hardcover added not exceed 300 s.f. and the understanding that there will be no future approvals of additional structures or hardcover on the property. Vote: Ayes 6,Nays 0. Van Zomeren indicated she would obtain a survey with the well and sewer lines marked. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#3) #2355 SUSAN AND DOUGLAS VAN MOORLEHEM AND KEN TURNHAM, 4490 WATERTOWN ROAD - CLASS III PRELIMINARY SUBDIVISION - 7:05-7:30 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were present. Gaffron explained approval is requested for a 4-lot plat at the intersection of McCulley Road,County Road 6 and Watertown Road with part of it adjacent to Turnham Road. The property contains 35.6 acres and is split into 3 pieces by existing roads. The existing house is located in the northerly portion which is 22 acres in area but contains only 4.8 acres of dry buildable land as extensive wetlands are located on the property. The area south of County Road 6 and west of McCulley Road contains 5 acres and is proposed as a separate lot. The third piece is located in the southeasterly area and is approximately 8 acres in area and is proposed to be split into 2 pieces. The zoning district is 5 acres. When the City created McCulley Road in 1980,there was a condemnation of property from this parcel in order to have a corridor for the road. As part of the condemnation proceedings, the City agreed to allow the 8 acres to be divided into two 4 acre parcels. The City is obligated to allow that split. In the future, the intersection will be undergoing significant changes by the County resulting in the loss of 2 acres to the 8 acre parcel. The County in its acquisition realized that the taking of 2 acres would probably reduce this to a one lot situation and financially settled accordingly with the owners. Presently the City is looking at this as a 3 lot plat and applicants are in agreement. Because of the reduction in size and loss of a second drainfield site, staff recommends the platting of Lot 1, Block 3 as a single 6 acre lot. The result would be a 6 acre single building site that has tested septic sites with driveway access from Turnham Road. The second parcel would be approximately 5 acres with access 400-600' south of the new intersection. This lot has two septic sites tested and approved. The 22 acre parcel with the existing house contains approximately 4.8 acres of dry buildable land and because of the unique circumstances, a variance is likely justified to 41, allow less than a 5 acre requirement of dry buildable area. The applicants'wetland delineator needs 4 . ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#3 - #2355 Susan and Douglas Van Moorlehem- Continued) to confirm the wetland area. The Class III subdivision is subject to park dedication fees and requires an easement and covenant over the wetlands. The City Engineer's report states the need for drainage area calculations and a grading plan. In summary, the dry buildable acreage needs to be confirmed for Lot 1, Block 1. A lot combination is recommended for Lots 1 and 2, Block 3 to be combined as a single 6 acre lot. Also applicant needs to provide stormwater/drainage calculations to confirm that there is no need for stormwater ponding. Staff recommends approval of the preliminary plat as described. Douglas Van Moorlehem said there are no immediate plans to build on the southern lots. Gaffron explained a park fee would be due with the application. The park dedication fee could be delayed if some of the lots were platted as outlots now but eventually a future platting process would be required to change the status of the outlots into buildable lots. Lindquist mentioned the possibility of the lots not meeting future zoning requirements if the rules change. Gaffron suggested the option of paying the park fee at the time the building permit is issued as long as the lots are not going to be immediately built on. Van Moorlehem asked the amount of the park fee. Gaffron stated • it is calculated at 8% of the undeveloped value of the land or a minimum of$2,900 per lot or a maximum of$4,900 per lot. If the property is platted with lots,the park dedication fee is determined now. Van Moorlehem agreed to have the lots platted as buildable lots. Smith asked for public comments. Norbert Johnson of 4520 Watertown Road expressed a concern that a change in the topography would cause a drainage problem on his property. Gaffron stated there are no plans to change the topography. Schroeder moved, McMillan seconded, to approve Application #2355 for a 3 lot residential subdivision as outlined in staffs memo of April 13, 1998 stating the need to confirm the amount of dry buildable acreage. If it is not 5 acres, a variance will be recommended. Lots 1 and 2, Block 3 will be platted as a single 6 acre lot. Driveway access locations to be subject to approval of the Public Services Director. Confirmation is needed that there will be no drainage changes. The standard plat conditions apply along with the usual assessment of park dedication fees. Vote: Ayes 6,Nays 0. Gaffron explained the Park Commission will be reviewing the City's trail plan along McCulley Road. • 5 1.• • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 NEW BUSINESS: PUBLIC HEARINGS - CONTINUED (#6)#2354 KONRAD KRUEGER,520 HANLON AVENUE -VARIANCES - 7:30-7:40 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Van Zomeren explained the property consists of 1.1 acres in a 2 acre zone. Applicant proposes the construction of a second level addition over the existing residence and an attached, one car tuck under garage that encroaches into the required yard areas. Variances are required for front, side and rear setbacks. A 200' lot width, 50' front yard, 30' side yard and 50' rear yard setbacks are required for the RR-1B zone. Staff does recommend a 24.9' front setback variance to allow the nearest portion of the residence to be located 25.1' from the front setback where 50' is required and 28.3' exists. The approval includes an overhang for front awning which shall not extend more than 1.5' beyond the exterior wall. Staff also recommends approval of a side setback variance of 20.5' to allow the 9.5' setback to remain where 30' is required and a rear setback variance of 35.5' to allow the 14.5' setback to remain where 50'yard is required. A variance is needed to add the second story • and to build on the existing foundation. Krueger indicated the house is small and asked if the second floor was an issue. Van Zomeren explained that a variance is required whenever a non-conforming structure increases in massing or bulk. Krueger said the neighbors had no objections to his proposal. Smith inquired if he had lived there long and suggested that the debris be cleaned up. Krueger responded he bought the property two months ago and on Sunday he cleaned up the yard. Hawn asked if the shed was on his property. Krueger said it is actually on the other lot. Hawn questioned if the footings would be able to support a second story. • 6 • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#6 - #2354 Konrad Krueger- Continued) Krueger responded that would be the first thing to adjust. The walls will come in slightly and the side walls will be reinforced. If the garage is allowed, then the walls between the basement and garage will be taken out and replaced with a wood foundation. All the masonry will be reworked. Smith inquired as to the timeframe. Krueger intends the project to be completed in 3 to 4 months. There were no comments from the public. Hawn was concerned about drainage on the neighbor's property. Van Zomeren explained consideration of the drainage issue would be part of the building application plan review by the Building Department. Lindquist moved, McMillan seconded, to approve Application#2354 to allow the construction of • a second story over the existing residence and an attached one stall garage per staffs recommendation and that applicant work with the City Engineer to ensure proper drainage. Vote: Ayes 6,Nays 0. (#7)#2356 JON AND DIANN RAPPAPORT,3067 FARVIEW LANE,VACATION-7:40-7:55 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Gaffron summarized the request was for a vacation and rededication of a new drainage easement to allow construction of a replacement septic system. Currently the septic system is non-conforming and needs to be replaced by the end of 2001. The property abuts Lake Minnetonka and contains a pond which is considered a wetland. The area to the west is the only suitable location for a septic replacement system. A portion of the proposed mound location would encroach in the drainage easement originally created in 1977. The actual drainageway is west of the easement and the new septic system can be constructed in the proposed location. The Septic System Inspector has given approval to allow a setback of approximately 55' in one corner and 65-70' in the other corner where a 75' setback from the wetland is normally required. In the future, applicant would like to build a sport court in the abandoned septic system area. The new area has been tested as a feasible location • and staff recommends approval. 7 SORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#7 - #2356 John Rappaport- Continued) Smith questioned the availability of sewer to the area. Gaffron explained it is Orono's goal to bring sewer to all the property along the shoreline of Lake Minnetonka. Council has directed staff to make an application for an amendment of the MUSA boundary to incorporate the northeast shore of Maxwell Bay and the southeast shore of Stubbs Bay which remain unsewered. There is no estimated schedule when this might occur. Applicant is willing to construct a new system rather than wait for more than two years. Rappaport explained at the time of purchase the seller gave special consideration for replacement of the septic system. There were no public comments. Schroeder moved, Hawn seconded, to approve vacation of the existing easement and rededicate a new easement per staffs recommendation. Vote: Ayes 6,Nays 0. (#8)#2357 SUSAN AND KENT WHITWORTH,1425 BAY RIDGE ROAD-CONDITIONAL USE PERMIT AND VARIANCE - 7:55-8:10 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Van Zomeren explained a hardcover variance is requested to allow construction of a retaining wall along County Road 15 and a conditional use permit would also be required for grading within 5' of the property line. Topography is an issue. The proposed retaining wall would be partially located within the lakeshore setback and on Hennepin County right-of-way. Permission from Hennepin County is needed. The roadway divides applicant's back yard and the lake. He proposes to neatly tie the retaining wall into the neighboring property and to provide safe access to the lake. Applicant has a concern for his children playing in the back yard by the top of the slope. Whitworth voiced his concern for safety of his children and access to the lake. He plans to have 3 terraces with a drop shorter than 5'. Berg asked if there would be a loss of mature trees. Whitworth said he would lose a couple of immature trees. 110 There were no public comments. 8 r 4. • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#8 - #2357 Susan and Kent Whitworth - Continued) Whitworth indicated that upon further study it might be best to extend the wall further than the proposed 60' and continue it to the north property line. Berg agreed with the proposal but would like some continuity with the appearance and materials used in the retaining walls of the adjacent property owners. McMillan stated tree replacement is necessary if trees over 6" in diameter are removed within the 0-75' shoreline setback area. Schroeder moved, Lindquist seconded,to approve Application#2357 to construct a retaining wall to the north property line keeping the overall appearance consistent with the neighboring retaining walls with an effort to preserve trees 6" in diameter or greater and/or mitigate the trees. This application is subject to approval from Hennepin County. Vote: Ayes 6,Nays 0. • Whitworth asked for clarification if he needed approval from Hennepin County prior to obtaining a building permit. Schroeder said the Council would probably make it a condition of approval. Van Zomeren also asked for a determination of the actual amount of hardcover. (#9)#2358 RANDY AND MARIE STAFFANSON, 1422 PARK DRIVE-VARIANCES-8:10- 8:20 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Van Zomeren stated a fire destroyed applicants' garage. A 24'x26' garage is proposed by moving it forward of the previous footprint approximately 5-7'. The triangular shape of the property presents a hardship for the location of the new accessory structure. The previous garage encroached in the 10' side yard setback area by 6.16'. The new garage will encroach slightly more than that because it will move forward and the distance between the garage and side lot line decreases as the garage moves towards the front lot line. The property is located in the 250-500' setback area. The hardcover currently exceeds 30%but the applicant is proposing less hardcover because the proposed addition would move forward and be located over a portion of the existing driveway. Staffanson noted a discrepancy in the size. The garage is proposed to be 24'x30'. • 9 • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#9 - #2358 Randy and Marie Staffanson- Continued) Smith mentioned the shed could be taken out of the side setback area. Van Zomeren indicated it would be difficult to move because of the concrete pad. There were no public comments. McMillan moved, Schroeder seconded,to approve Application#2358 to replace the garage that was burned granting side yard and hardcover variances with the condition that proposed hardcover not exceed 31.18%. Vote: Ayes 6,Nays 0. Van Zomeren informed the applicant that the building official specified the need for frost footings. (#10) #2359 HESTIA HOMES INC. ON BEHALF OF MATT AND KAREN PARKS, 825 FOREST ARMS LANE -VARIANCES - 8:20-8:45 P.M. The Certificate of Mailing and Affidavit of Publication were noted. • The Applicants were present. Van Zomeren explained the property is 1.26 acres and meets the lot size requirements for the LR-1B zoning district. The application has two parts. First,the applicants are requesting approval to allow a garage addition that was constructed in March 1998 to remain by granting variances for bluff setback and average lakeshore setback. The second part is to allow construction of a new 526 s.f. lakeside deck where a smaller deck was previously located. Because a miscommunication within the building department occurred,the builder was given premature approval to construct the garage. A 30' setback is required from the top of the bluff which limits where improvements can be made currently and in the future on this property. Staff recommends an after-the-fact variance be granted for bluff setback and average lakeshore setback for the garage addition. There were no comments from the public. Smith stated the Planning Commission was in consensus with an after-the-fact variance for the garage. Van Zomeren estimated that the new deck comes out 12' further than the old deck. Lindquist stated the new deck is approximately 28'x14'. In reviewing the site elevations, Van Zomeren stated the the old deck came out 2'from the farthest lakeside wall. She was unable to find any records showing the exact dimensions of the old deck. • 10 i .#I • . ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#10 - #2359 Hestia Homes Inc. - Continued) McMillan inquired if a bumpout had been done to the wall. Applicants builder from Hestia Homes commented the only bumpout on the house was a bay window on the first floor. Lindquist determined the addition of the deck amounts to an increase of 336 s.f. of hardcover. Van Zomeren noted the existing garage and proposed deck do not exceed structural coverage or hardcover limitations. The issues with the deck are setbacks to the bluff and average lakeshore. McMillan felt replacing the existing square footage was consistent with other recommendations. Schroeder asked if the bump out was done in anticipation of approval for a deck. Hestia Homes answered it was not a consideration and they had been focused on hardcover issues and unaware of the impact to the bluff and site line. He asked for clarification of the bluff ordinance. The applicant bought the property before the bluff ordinance was in effect. • Van Zomeren responded the bluff ordinance protects the views from the lake for aesthetic reasons and provides protection of structures to prevent erosion to the bluff Lindquist did not feel comfortable recommending approval to increase the size of the deck. Hawn suggested a curved design instead of a rectilinear shape to the deck. Hestia Homes said the lack of depth would be a problem. The original deck was only 10-11' deep. The current deck proposal is for an 18' depth. A common deck size is around 14' which would put it 9 1/2' past the edge. Lindquist suggested a compromise. Schroeder commented that the original size of the deck was acceptable at the time the house was purchased. Hawn said there was no point in building a deck that was not useable and proposed approval be made in terms of square footage. Schroeder moved, Lindquist seconded, to approve Application #2359 for (1) an after-the-fact variance for bluff setback and average lakeshore setback based on the fact the building permit was issued; (2) a deck extension consisting of 392 s.f. plus 24 s.f. for the side section. Vote: Ayes 6, Nays 0. Smith alerted applicants that in the future there should be no additional impacts done to the bluff McMillan offered the applicants the option of tabling this application to redesign the deck. • Applicant agreed that the recommendation was reasonable. 11 • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#11)#2360 ANTHONY KMETZ,640 ORCHARD PARK ROAD,VARIANCE RENEWAL- 8:45-8:47 P.M. - CONTINUED The Applicant was not present. Smith suggested phoning the applicant to remind him of the meeting while Planning Commission took a 5 minute break. (#12) #2362 BOB HOWARD, 1300 SHORELINE DRIVE,VARIANCES - 8:55-9:18 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Van Zomeren explained variances for front, side and rear setbacks, lot width and lot area are requested to replace a structure because of a fire. Access to the property is from Shoreline Drive. A wetland area was identified on the property. The property is located in a 2 acre zoning district and 110 is actually less than 1/2 acre. In the RR-1B District the lot width requirement is 200', front yard is 50', side yard 30', side adjacent to street is 30' and rear yard is 50'. This lot is restricted for buildability. The structural coverage is proposed to be less than 15%. This lot is in the 500-1,000' setback area from the lake. Hardcover is proposed to be less than 35%. The structure was more than 75%damaged and the non-conforming section of the zoning code governs replacement. The subject property does not meet the lot area and lot width requirements so in order to return any structure to this lot, variances are required. The existing residence does not meet the setback requirements from the front or the side setback. The proposed residence would improve upon those setbacks, with the exception of the rear setback. Staff recommends approval of the lot area and lot width,front and side setbacks as proposed. Any future structural additions should not exceed 15% structural coverage. The applicant is working with the Building Department to clean up the site. Elevation plans indicate the level of the garage will be more accessible. Applicant needs to submit a grading plan prior to getting a building permit showing normal and customary grading near the residence and lot lines. There are no hardcover or structural coverage requirements. Smith noted the lot is substandard. Van Zomeren said the RR-1B has the most difficult requirements to meet with the lot size at less than 1/4 of the requirement and the lot is further impacted by the wetlands and the fact that the property is a corner lot. Smith asked if the size of the house was being increased. Van Zomeren said the existing building is approximately 1,966.20 s.f. and 2,734.4 s.f. is being proposed. • Howard explained the only change being proposed is the addition of a two car garage and the front door location will face east instead of south. 12 , S • • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#12 - #2362 Bob Howard- Continued) Smith referenced a letter received from Andrew J. Goetten, a neighbor, dated April 18, 1998. Van Zomeren reported an adjacent piece of property had been sold in a tax forfeiture sale and the present owner would be willing to sell the property to Mr. Howard. Smith summarized the concerns in Goetten's letter as 1) Mr. Howard confine his construction activities to his platted lot; 2) that mounds of dirt, railroad ties and debris be removed from the unopened Fox Street right-of-way, area be returned to pre-existing grade and be stabilized with grass; 3) that the City of Orono carry out maintenance obligations relating to pump station, gates, fences and appropriate screen plantings contained in grant of easement. Van Zomeren said the letter had been turned over to the Inspection Department for review. Howard explained a remodeling project was started about 2-3 years ago and had not been completed before the fire. The new project is an insurance issue and feels the insurance company will be in control. He referred to a 6 month state law for rebuilding. The house burned December 4, 1997. Applicants would like to be in the new residence by fall. • 26'Smith noted the proposed residence met the 26 setback from the wetland. She questioned applicant if down sizing the garage to a 2 stall would be a problem. Mrs. Howard indicated there would be no problem because it was just the two of them. Schroeder said applicant needs to clean the area and remove the railroad ties. Howard stated the railroad ties were not his nor were they on his property. There were no public comments. Lindquist moved, Schroeder seconded, to approve Application#2362 for lot area, lot width, front and side setbacks as proposed and any future structural additions should not exceed 15% structural coverage. Vote: Ayes 6,Nays 0. Berg suggested to Howards that a good neighbor policy be enacted as to cleanup of the premises. 410 13 II a • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#11)#2360 ANTHONY KMETZ,640 ORCHARD PARK ROAD,VARIANCE RENEWAL- 9:18-9:21 P.M. - CONTINUED The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was now present. Van Zomeren reported applicant is requesting the renewal of an elapsed variance to allow the construction of an attached three car garage and entryway addition. A front setback variance is required. The property does not meet the lot area requirement for the RR-1A zoning district. Structural coverage is not an issue with this application. Staff recommends to approve the renewal of a front setback variance to allow an attached three stall garage and entryway addition that would be located 71.7' from the front lot line where 75.7' is existing and 100' is required. Schroeder inquired when the variance expired. Van Zomeren stated the old resolution expired May 27, 1996. 1110 There were no public comments. Hawn moved,McMillan seconded,to approve Application#2360 per staff recommendation. Vote: Ayes 6,Nays 0. (#13) #2363 BILL BOCKMANN, 1130 LOMA LINDA AVENUE - VARIANCES 9:21-9:45 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present together with his son, Dave. Bill Bockmann noted he purchased the property from his father but his father retained a life estate interest. Van Zomeren explained the property is only .44 acres where 1 acre is required. Applicant is proposing to replace the existing structure that would have a three car attached garage. Topography is not issue. Staff has concerns with the placement of the structure. Variances are required for lot area, side street setback and hardcover in the 75-250'lakeshore setback. Applicant has indicated that plans have changed. • Dave Bockmann informed Planning Commission that he has redesigned the house. 14 • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#13 - #2363 Bill Bockmann- Continued) Van Zomeren said a survey is needed showing the new structure. Dave Bockmann has changed the front of the house to face the west toward the service road. The new structure will be located 22' from the north line and 17' from the side south. When the staff report indicated denial, he proceeded to rework the plan. With the new proposal, the garage faces to the west. He demonstrated the placement of his new plan on the survey. Another issue is placement of the well which is located 33' from Loma Linda and 44' from the service road. Any structure needs to be located 3' from the well. They would rather not abandon the well because of the cost. The deck has been angled to conform to the average setback line. The entire house does fall behind the 75' setback but the average setback line is strange and difficult to conform to. Because his elderly grandfather will be living in the proposed structure, special consideration was made in the design to address his care. The three car is a necessity because there will be four drivers and four vehicles. Lindquist inquired as to placement of the driveway. Dave Bockmann said the driveway would come off of Loma Linda and stated the service road in the summer is very crowded. Lindquist asked the • width of the service road. Van Zomeren stated the road is 20' and functions like an alley. Gappa said the City does not plow the road. Smith said overall the plan is better and suggested moving the structure further to the service road. Dave Bockmann stated moving the structure in that direction would interfere with the well. Berg suggested tabling the application so the applicant can return with revised calculations and an updated survey. Smith explained that the Council would also require an updated survey. Van Zomeren noted the well needs to be shown on the survey. Berg moved, Lindquist seconded,to table Application#2363 for review at the May meeting of the Planning Commission. Vote: Ayes 6,Nays 0. PLANNING COMMISSION COMMENTS (#14) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON MARCH 23, 1998 AND APRIL 13, 1998. Berg, who attended the April 13, 1998 Council meeting, reported review of the Brook Park Realty application noting discussion of the 60 day rule. Brook Park was given the option to work things out and come back. She noted that the Old Crystal Bay Road plat was approved with a bike path on • one side of the road. The Hauser application was denied. Regarding the Olsen-Touve preliminary subdivision, Council felt the matter was a housekeeping issue and recommended Lots 55 and 56 be 15 • ORONO PLANNING COMMISSION MEETING MINUTES FOR APRIL 20, 1998 (#14 - Report of Planning Commission- Continued) kept together and Lots 57-61 be combined. Otten appeared in connection with the amendment to industrial zone moratorium. His property is located at the intersection of County Roads 6 and 12 and he would like to be able to have the use of the property before it is condemned. No one attended the March 23, 1998 Council meeting. (#15) OTHER ISSUES FOR DISCUSSION Smith asked the status of tree preservation and home occupation. Van Zomeren said the home occupation review will be brought before the Commission at a future date. Smith said she would rather have a separate work meeting scheduled. Berg informed members that the park dedication fee was approved. Gaffron explained the park dedication fee cap of $2,900 minimum to a maximum of $4,900 which applies to everybody regardless of the value of their lots. In connection with commercial subdivisions, a relationship was established regarding commercial activity and the use of parks as employees would use trails or • parks. (#16) PLANNING COMMISSION APPROVAL OF MINUTES FOR MARCH 16, 1998. Schroeder moved,Lindquist seconded,to approve the Minutes of the Planning Commission Meeting of March 16, 1998. Vote: Ayes 6,Nays 0. (#17) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON APRIL 27, 1998 AND MAY 11, 1998. April 27 - McMillan May 11 - Lindquist ADJOURNMENT Smith moved, Hawn seconded,to adjourn at 9:55 p.m. Vote: Ayes 6,Nays 0. Sandra Smith, Chair Person • 16