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HomeMy WebLinkAbout05-18-1998 Planning Commission Minutes • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 ROLL The Orono Planning Commission met on the above mentioned date with the following members present: Chair Sandra Smith, Janice Berg, William Stoddard, Dale Lindquist, Elizabeth Hawn and Lili McMillan. Representing Staff were Senior Planning Coordinator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren,and Recorder Lauren Nordseth. Chair Smith called the meeting to order at 6:31 p.m. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2363 WILLIAM BOCKMANN, 1130 LOMA LINDA AVENUE - VARIANCES - CONTINUATION OF PUBLIC HEARING - 6:30-6:40 P.M. Applicant was present. Van Zomeren reported this application was previously reviewed at the April meeting. At that time the applicant was to have the surveyor locate the well and the setbacks. • The proposed dwelling is in the LR-1B district, with variances needed for side yard adjacent to street, and lot area. The area of proposed hardcover is 3.8% over the allowed hardcover. Staff recommends granting the lot area and side yard variance. Smith asked if the located well is the reason for review, and how it compared to the review last month by the Planning Commission. Van Zomeren answered that the house has been reoriented. Smith asked about the change in hardcover to which Van Zomeren answered that last month the plan showed hardcover at 512 square feet over the maximum amount allowed and it is now revised to 403 square feet. Applicant had no comments. Hawn said it was a good design, and Lindquist said he had no problem with the plan. Van Zomeren stated the applicant's concern is to have accessible space on the main floor and it was not an unreasonable request. Smith asked the applicant if moving the driveway added more hardcover. Applicant answered that it was about the same, because the only increase is set in an extra 12 feet from street. Van Zomeren stated there was 220 square feet proposed for the deck. Lindquist moved, Stoddard seconded, to recommend approval of lot area and side yard variance, average lakeshore setback and approve hardcover on the condition there is no additions to hardcover, with an additional hardship of accommodating an elderly parent residing in home. Vote: Ayes 6, Nays 0. • 1 • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 Gaffron stated Agenda item#6 will be tabled. (#2) #2340 ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - PRELIMINARY SUBDIVISION WITH CONDITIONAL USE PERMIT - 6:41-7:12 P.M. Applicants were present. Gaffron reported the Planning Commission reviewed this application in February and March, and tabled it without discussion in April. This is a 1 1/2 acre parcel, with sewer available. The back lot that abuts the lakeshore meets area and width requirements. The front lot 1/2 acre requirement is met for the duplex. The revisions made since the last review include reduction of the lot coverage from 22%to 15%. A remaining variance issue is that code allows only two units to be served by an outlot driveway, and Outlot B would serve three units under the current proposal. A drainage plan has been provided and the City Engineer has indicated a number of revisions where 1110 clarifications are required. A berm is proposed on the west property line approximately 2-3' in height and 15' in width to provide needed screening from the marina. A City sewer line below the area of the berm will not be impacted by the berm. Outlot B requires a driveway setback variance,and a variance because it does not extend to the south line of Lot 1 and therefore creates a flag lot which is not allowed by code. The width of proposed Outlot B also requires a variance, as well as that of Outlot A. The Planning Commission recommendation should include a determination whether the storm water pond can be credited toward the "extra 50%" back lot area requirement. Staff recommends variance approval for the outlot widths, etc., and approval for the berm as well as a conditional use permit for the duplex use. Gaffron noted the site is zoned appropriately for a duplex, and most of the required variances would be required even if Lot 2 is not proposed for a duplex lot. Mr. Waade noted that he purchased this property because it was zoned for multiple dwellings, and he stated that the neighborhood concerns about quality of development should not be an issue, because he intends to build high quality homes. 2 t• • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#2 - #2340 Robert Waade - Continued) Smith commented on drainage issues to which the applicant replied there would be no problem with directing drainage to the pond, and he is willing to work with the City Engineer to resolve any drainage issues. Stoddard stated various neighbors had comments about drainage, and Gaffron noted it is not the obligation of this developer to solve neighborhood problems, but the developer cannot create any new ones. Gaffron suggested additional work needs to be done on the grading plan. The applicant noted he would make whatever revisions are required. Stoddard asked if the applicant could alleviate the driveway variance issues. The applicant discussed moving the driveway or redesigning the garage layout to avoid the variance if that was necessary. Smith asked for public comments. David Dalvey of 3230 Bohns Point Lane stated he had previously presented the Commission with a signed petition with 23 names of people who do not want multi- family housing, and had a 21 name addendum to this petition. He asked that the variances that are required not be granted. • Sam Marfield, 2455 North Shore Drive, stated Orono should not promote rental property. Smith asked if variances are required whether or not a single home or multi-family dwelling is placed on this lot. Gaffron responded affirmatively, noting that most of the variances are a result of the front/back lot configuration, and would be required even if Lot 2 was designated as a single family lot. Gaffron noted a duplex layout change would be needed to avoid the driveway variance. Smith asked what would change if this was a single family home rather than a duplex. Gaffron replied that the 1/2 acre area is required for either use, and a width variance would be needed for either use if the North Shore Drive frontage was considered the front. Berg said the Council needs to determine what is the highest and best use of the site. McMillan stated a duplex is allowed by code for this zone. Hawn said the applicant has the right to build a duplex, to which Stoddard agreed it is zoned for three units and multi-family. Stoddard stated his concerns surround drainage issues, but he has no objections. McMillan said the variances are due to the narrow lot, and the major issue is drainage, which can be resolved. Lindquist said he would prefer a single family rather than multi-family use of the site. Applicant replied that if he did do a single family residence, there would still be rental issues. A resident would like to see 2 single family homes and asked that variances not be provided. Smith said there is no reason she cannot approve the duplex use. Hawn said it is a permitted use and the applicant has a right to that use. • 3 ♦ 4, ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#2 - #2340 Robert Waade - Continued) Stoddard moved, McMillan seconded to recommend approval of Application#2340, including: 1) the outlot variances; 2) the conditional use permit for duplex credits; 3) subject to City Engineer working with applicant to resolve drainage issues; 4) per the staff recommendation as listed on Gaffron's report; 5)height of berm to be worked out with the City; and 6)with lake access available only to Lot 1. Vote: Ayes 5,Nays 1 (Lindquist). Gaffron indicated this item would be reviewed by the City Council on Tuesday, May 26, 1998. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#3) #2372, BARRY AND JANIECE HAGLUND, 4590 NORTH ARM DRIVE WEST - PRELIMINARY SUBDIVISION -2 LOT SUBDIVISION - 7:23-8:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. • Gaffron reported this is a request for a 2-lot subdivision to create one additional building site. Both proposed lots meet the LR-1A area and width requirements. Both lots would be served by septic systems and wells, and both have approved septic sites. The existing home on Lot 2 will meet all setback requirements. No wetland delineation has been completed yet and no grading plan has been proposed. There are no woodland or bluff issues. The Park Commission has recommended a park dedication fee rather than land dedication. Road access is a primary concern because the 33' corridor in which North Arm Lane exists, is privately owned by the Armstrong family to the north. That 33' corridor contains a 15-20' wide gravel road serving six houses. This road has been maintained by the City for at least thirty years. However,the City Attorney has indicated the City likely can only claim a prescriptive easement over the portion of the corridor which it has maintained as roadway. This leaves a potential gap between the maintained road and the applicant's property boundary, suggesting that applicant needs an easement to serve the northerly lot. Additionally, staff is recommending that applicant dedicate additional land as dedicated roadway for future upgrade of North Arm Lane, as well as an area for temporary cul-de-sac. A secondary question is whether North Arm Lane should be upgraded, by whom and at whose expense. 4111 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#3 - #2372 Barry and Janiece Haglund - Continued) The applicant questioned whether North Arm Lane is public road. McMillan asked if a road has been maintained, is it deemed a public road. Gaffron stated that the City Attorney indicated the City has rights over the portion of road that has been used and maintained, but likely not over the entire width of the 33' privately owned corridor. Lindquist asked if the applicant would be willing to dedicate additional right-of-way for the road, and the applicant replied affirmatively. Gaffron said an additional easement or dedication would be needed for the cul-de-sac and additional area at the southeast corner of the property where the road intersects with North Arm Drive West. Gaffron noted there are no City plans to upgrade North Arm Lane at this time. McMillan asked if the City had any plan to provide access to the north. Gaffron said there is no formal plan,but it is likely that a future access road would be needed to the north and west. At this time there was a short recess for inclement weather. Commissioner Berg left the meeting. When the meeting resumed, Gaffron stated the size of the cul-de-sac would be 100' diameter, • centered on the 33' corridor. Only 8 1/2' additional right-of-way is needed along the east side of applicant's property. It was noted that at some point the City should probably obtain an easement from the Armstrong property, to solidify the City's rights to that road. The applicant asked that the application not be tabled due to the access issue but noted she understood the City Council has the final decision. Smith noted that other issues such as wetland delineation, storm water and drainage and park dedication would need to be addressed. The applicant said the potential purchaser may want a pond on the site. Jim Neilson, 340 North Arm Lane, asked about easements and Gaffron replied easements are generally required from a subdivider as needed,but the City has alternative ways to obtain easements absent a subdivision. Lindquist moved, Smith seconded,to recommend approval with appropriate conditions. Vote: Ayes 5,Nays 0. Gaffron advised this application would be scheduled for the first June Council meeting for preliminary plat approval. • 5 l 1 S ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#4) COMP PLAN AMENDMENT - MUSA LINE - 8:08-8:11 P.M. Gaffron reported the Metro Urban Service Area (MUSA) was updated two years ago, and ten neighborhoods were added within the MUSA boundary. The City Council has recently suggested that it would be appropriate to provide sewer in the future to the northeast shoreline of Maxwell Bay and remaining shoreline of Stubbs Bay,west of Old Crystal Bay Road and south of Fox Street. This additional area is the subject of this amendment, and procedurally, after approval by the Planning Commission this would go to City Council, and finally to Metropolitan Council for their approval. The entire process could take approximately two months. Smith asked if there were any questions from the public. There were none. McMillan asked about the Carpenter property and if this time frame would set them back. Gaffron replied it likely would not,as the provision of sewer would not change their proposed lot boundaries, although that developer intends to start road construction fairly soon. Gaffron noted there would be septic sites available for each lot if the MUSA amendment ultimately was not accepted by Met Council. However,the City Council preferred the Carpenter property to be developed with sewer. • Lindquist moved, Smith seconded,to recommend approval of the Comprehensive Plan Amendment regarding the MUSA line. Vote: Ayes 5,Nays 0. (#5) ZONING AMENDMENT -8:12-8:25 P.M. Gaffron reported the intent of this zoning amendment is to eliminate the use of wetlands for density credit in sewered areas. This amendment resulted in part from a recent application in Navarre in which a 10 acre site included 3 acres of wetland was proposed to take advantage of the wetland credit for a twin home development. The City Council concluded that the wetland credit may not be appropriate in either the high and low density residential zones, and suggested eliminating the credit altogether. Gaffron noted that at a recent Planning Commission work session, it was noted that when crediting the flood fringe area along the Lakeshore,the creditable area should not include wetland and should not exceed the area of dry land within the property. Gaffron noted that the proposed ordinance revision addresses this concern. • 6 l 1 • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#5 - Zoning Amendment- Continued) Smith asked for public comments. Chris Valerius,3750 Bayside Road,stated that when they bought their property in 1992,they were told they could use the wetland credit. Smith asked Gaffron how this proposal affected the current applications. Gaffron replied this does impact any subdivision like that of Valerius. Smith asked whether this zoning amendment goes into effect immediately upon Council approval, and how this would impact current applications. Gaffron noted this is an issue for the City Attorney to review. He indicated the applicant has applied for a sketch plan review, but has not made a formal preliminary plat application. Gaffron noted the Valerius request should be reviewed by the City Council at the same time this amendment is reviewed. Lindquist asked how long the zoning amendment process would take. Gaffron replied this would be reviewed by the Council at its next meeting, and if adopted would take approximately three weeks until publication. Stoddard noted there could be a refund of application money if Valerius did not proceed. McMillan noted the City Council will be aware of the potential conflict with the ordinance. Stoddard moved, Hawn seconded, to approve proposed amendment upon staffs recommendation. Vote: Ayes 5,Nays 0. • (#6) #2361 WILLIAM YAEGER, 310 BIG ISLAND (LOT 64, MORSE ISLAND PARK) - VARIANCES - 8:26 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant not present. McMillan moved and Hawn seconded to table #2361 to the next meeting as the survey was unavailable. Vote: Ayes 5,Nays 0. (#7)#2364,JOHN SERENA,4607 WATERTOWN ROAD- CONDITIONAL USE PERMIT, 8:26 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant not present. Smith asked to defer this issue and come back to it. (Follows Item#17.) . 7 ,API• • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#8) #2366 PETER LANPHER, 1359 PARK DRIVE -VARIANCES - 8:27-8:48 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was present. Van Zomeren passed out pictures the applicant provided. Property is zoned LR-1B. Requested are variances for hardcover, average lakeshore setback and side yard setback to allow a pool, deck and shed that were damaged during a storm in 1997 and subsequently replaced without permits or variances to remain. The survey shows that the pool and deck exceed 1,000 square feet and it is therefore considered an oversized accessory structure. The shed needs to be 10 feet from the side property line. The existing garage is also an oversized accessory structure and should be 15 feet from property line. The pool and deck exceed 1,000 square feet and are required to be 30 feet from the side property line. Applicant is asking to keep the pool, deck and shed which require several variances for hardcover in the 75-250' setback, average lakeshore setback and side yard setback. • There is a separate issue with the location of retaining wall. However,the applicant provided a legal document from Hennepin County to staff The staff originally thought the wall may be on the neighbor's property and the applicant thought the survey was incorrect. Van Zomeren stated that staff could not recommend approval because they were built without permits or variances. Four years after the pool was originally constructed in 1972, the variance was requested after it was determined that it was built without permits. Storm damage is viewed as providing an opportunity for compliance. Applicant stated he moved in 1986, the house was built in 1968, and the pool was constructed in 1972. In 1976,when the garage was constructed,there would have been a hardcover issue. He is concerned that the 1976 survey is not the same as the 1998 survey. Applicant could move the shed on the other side,but there would be a drainage issues. Stoddard said he wants to be sympathetic,but has to look at the after-the-fact variance requests. It is common to ask for smaller deck,etc,when there is a hardcover issue. Smith asked how reconstruction occurred without a permit. Applicant said only the corner of the pool was destroyed, and the pool people thought panels could be replaced initially. Later it was discovered that more work was needed. Replacement parts are no longer available. Smith asked if no one thought to call the city and ask if permits were needed. Applicant said he thought there wasn't enough damage to require permits, and he was only replacing what had previously existed. The mortgage company decided there was 100% replacement cost. • 8 „ ll • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#8 - #2366 Peter Lanpher - Continued) McMillan asked if it was already grandfathered in? Smith said if it had come by as a request for repair, the Commission would have looked at what could be removed to ease hardcover issues. Lindquist asked if there was any addition to hard cover issues. Applicant replied nothing was added. Stoddard asked what can be reduce to alleviate what is excessive hardcover. Applicant said he had been doing everything he could and eliminated part of the driveway. He is willing to remove gravel. Smith asked for any public comments. There were no public comments. McMillan moved, Lindquist seconded to approve #2366 for average lake shore setback, side yard setback with pool, deck, and shed to remain and variance for hardcover in the 75-250' setback with no future hardcover increases. Vote: Ayes 5,Nays 0. Gaffron said a four foot wide access to lake would be allowed. (#9) #2367 LAWRENCE GLEASON, 140 HACKBERRY HILL - VARIANCE - 8:49-8:52 P.M. O The Certificate of Mailin g and Affidavit of Publication were noted. Applicant present. Van Zomeren passed around photos of this lot to Commissioners. She noted it is surrounded on 3 sides by a city park. It conforms to lot area. The applicant has requested a side yard variance to add a larger bedroom. The current bedroom is 10'x10', and the applicant would like to take the smaller bedroom and change it into walk-in closet and extend the existing bedroom to 10'x15'. Staff recommendation is to approve side yard variance as there is no impact on adjacent property. Applicant has no comments. Smith moved, Hawn seconded to recommend approval of#2367. Vote: Ayes 5,Nays 0. • 9 I • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#10) 2368 KIRK OTTESON, 710 NORTH ARM DRIVE -VARIANCES - 8:53-9:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren distributed pictures of the subject property. It is located in an LR-1B district. The applicant is requesting a hardcover variance in the 75-250' setback, a bluff setback and average lakeshore setback variance. A street side deck, addition and a lakeside deck is proposed. The applicant proposes removal of the sidewalk and a parking area. Current hardcover is at 24.14%. Staff is concerned because of topography to the lake and the bluff. The sidewalk and parking area should be provided due to topography and vehicular sight lines. The application meets structural coverage requirements, but the staff is concerned about bluff impact. The applicant stated that the lakeside deck is existing but needs to be repaired. Mr. Otteson said that the house is narrow and it makes sense to go to the right (east), rather than left (west) where the neighbor's house is located. 410 Smith asked would the bluff be better protected if moved just a foot or 2 on south side?Applicant replied the ravine is full of trees, and he is not concerned with erosion as it had been that way for 50 years. The neighbors to the west favor the proposal. The neighbor to the east was concerned about the ravine. Florence Hagberg, 740 North Arm Drive, is concerned with the ravine. McMillan asked if applicant is taking out trees. Applicant said two trees are too close to house. Smith asked if the Engineer had looked at the plan. Van Zomeren replied that she and Gappa have talked about it. Applicant said the deck is needing replacement due to rotting tresses, and is adding some new deck, but the new deck will not further encroach into the lakeside setback. Stoddard said he had no problem with hardcover, but said if it was a new project, it would not be done at all. Smith summarized the Commission's concerns and would like assurance from the Engineer regarding impact on the ravine. Smith moved,Lindquist seconded to table the application and come back to the Planning Commission at the next meeting after the Engineer's review. Vote: Ayes 5, Nays 0. • 10 • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#11)#2369-JOE AND MARY FIEDLER,365 WEST LAKE STREET-VARIANCES-9:16- 9:41 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Gaffron said the applicant's request is for lot area, lot width, side, rear and side street setbacks and hardcover, for replacement of the existing residence. The applicant is also removing existing shed and replacing it with a detached garage. Gaffron noted various issues considering replacing the existing house, noting that the lot is too narrow for any new construction to meet setbacks without the need for variances. Staff is recommending approval of lot area and width variance,as well as the side and street setbacks for construction of a new house and garage. Gaffron noted the side street setback could be increased by reducing the house width. He noted that staff will not recommend a variance for a lot coverage, which would require reducing the footprint size of the house or the garage. Staff also recommends that a drainage and grading plan be provided. • Gaffron also noted a letter was received from Robert Erickson, 847 Tonkawa, the neighbor to the Ga g east, suggesting there is insufficient hardship to approve the required variances. The applicant had no further comments. Robert Erickson commented that the City sets ten criteria for undue hardship to establish the need for a variance. His conclusion is this proposal fails to meet nine of the ten criteria. He requests that the variances be denied and that he would like to meet with Fiedler to discuss other possibilities for the site. Lindquist noted the applicant is attempting to put too much house on this small lot. Smith and McMillan agreed. McMillan noted if the size of the house is reduced, it may reduce the number of variances. Gaffron noted that Orono considers this as an existing buildable lot because it has been provided with sewer. Stoddard agreed that it is a buildable lot but redevelopment is difficult. After additional discussion about possible revisions to the proposal, Smith moved, Hawn seconded, to table the application. Vote: Ayes 5,Nays 0. 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#12) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD - VARIANCE AND CONDITIONAL USE PERMIT -9:42-10:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Gaffron reported this is a request for variances for hardcover as well as a variance and conditional use permit for grading within 5' of a lot line for construction of a new residence to replace the existing home on the property. This is a conforming lot as to lot area, and meets the 80% width standard for the LR-1C zone. Applicant proposes to tear down the house and garage, and replace it with a house that meets the lakeshore setback and side setbacks. The applicant proposes to lower the top of the hill, and this requires grading within the 0-75' and 75-250' zones. Grading in the site would result in fill from the new basement excavation being placed near the road to accommodate a new attached garage. The applicant proposes a walkout which requires excavation in the 0-75' zone. Gaffron noted that staff recommends approval of a hardcover variance, but because of the loss of mature trees, it is difficult to recommend cutting down the hill. Staff also recommends denial of the excavation to create a walkout based on past City practice and the goals and policies against shoreline topography changes as noted in the Comprehensive Plan. The applicant noted he bought this property with the intent to build a walkout residence. He stated that the neighbors are in favor of cutting down the hill, and this would make a more gradual slope from the lake. Lindquist asked if the hardcover calculations were done by a surveyor. Applicant replied no but he felt they are accurate. Gaffron noted he only included the hardcover items shown on the survey. Hawn asked if this was a bluff. Gaffron replied it did not meet the criteria to be considered as a bluff Mrs. O'Keefe said there is a hardship, as they need something on the south side of the lot to get to the garage, noting the topography of the site. Lindquist asked for any public comments. There were none. Applicant noted that grading in the 0-75' zone will be necessary to remove the present house, so that excavation to create a walkout would not require much additional work. Gaffron noted that the problem is there will still be a substantial cutting in the 0-75' zone to create a walkout once the present foundation is removed and the site brought back to match existing grades. 12 f• '� , • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#12 - #2370 Gary O'Keefe - Continued) McMillan asked if cutting the hill was intended as a means to obtain fill for the back of the site. Applicant replied no it was to make the lot more level with the neighboring properties. After additional discussion with applicant and indications by various Commission Members that the proposal could not be recommended for approval without certain revisions. Lindquist moved, Smith seconded, to table Application#2370. Vote: Ayes 5,Nays 0. (#13) #2371 TIM AND LORIE LINE, 4415 FOREST LAKE LANDING - CONDITIONAL USE PERMIT - 10:08-10:12 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren reported the applicant is requesting a conditional use permit for land alteration in a floodplain to scrape one inch of lawn to fill in another area in the yard. Approximately 40 yards • would be used to top the fill and 50 cubic yards to be redistributed. Staff is recommending approval subject to applicant installing silt fencing and obtaining proper approval from other agencies. Applicant is doing this project in compliance with the Watershed District as there is a wetland. Smith asked any for public comments. None. Hawn moved, McMillan seconded, to recommend approval to grant conditional use permit. Vote: Ayes 5,Nays 0. (#14) #2373 STEVE BECK, 2795 SHADYWOOD ROAD-VARIANCE - 10:13-10:30 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren reported it is zoned LR-1B, and applicant is asking for a hardcover variance to allow a deck away from the Narrows Channel. Approximate hardcover of 19.3 % is proposed to build a deck on the west side of the residence. The house is 8 feet from the channel. Staff is recommending to remove hardcover to comply. • 13 • ` p • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#14 - #2373 Steve Beck- Continued) Applicant noted the topographical map with the packet was incorrect. He also said he had a hardship because of the Narrows' noise and traffic. Applicant is interested in removing some of the existing badminton court, (presently a basketball court) approximately 40 square feet of hardcover. Hawn stated the Narrows is a hardship. McMillan is in favor of removing 40 feet of the court. Applicant asked about the 2 foot overhang. Van Zomeren said it is considered an encroachment into the required setback. Lindquist would like to see the court completed removed from within the 0-75' setback. McMillan moved, Lindquist seconded to approve application for hardcover variance to allow construction conditioned upon applicant removing 40 square feet of hardcover in the 0 to 75' Vote: Ayes 3,Nays 2. Opposed Hawn and Stoddard indicating there should be a greater reduction in hardcover. Lindquist stated the City Council may ask for whole court to be taken. (#15) #2374 BUSSE CONSTRUCTION ON BEHALF OF: a. Greg and Myra Karlen, 630 Deborah Drive b. Larry and Jan McCartney, 755 Hunt Farm Road c. Robert and Julie Hanning, 4220 Sixth Avenue North • d. City of Orono,McCulley Road parking lot north of the Luce Line Trail. CONDITIONAL USE PERMIT - 10:31-10:37 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Van Zomeren stated it is a joint staff report and passed photos. Staff is recommending approval for: a. 630 Deborah Drive, with no conditions. b. 4220 6th Ave. N., as it will tie into the existing berm. c. 755 Hunt Farm Road, will screen the McCartney's residence from the County Road d. McCulley Road parking lot. Is used for snow storage by the city. There is a need to install a silt fence and to delineate the wetland at the McCulley Road location. The grade will change to the Luce Line Trail, however, it cannot have a slope that prevents DNR maintenance vehicles from having access to the Luce Line trail or from handicap accessibility to the trail. The berms will have natural vegetation. McMillan asked if the parking lot was used by cars. Van Zomeren reported yes, when it is dry, and this is the intended use. McMillan asked if it will it be marked for parking. Van Zomeren said the DNR wanted it for parking, and Gappa says it needs to be filled in order to be used for parking. • There were no public comments. McMillan moved, Smith seconded,to approve for conditional use permit. Vote: Ayes 5,Nays 0. 14 • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 SKETCH PLANS (#16) #2365 CHRISTINE VALERIUS,3750 BAYSIDE ROAD Gaffron reported this is a proposed subdivision for property that contains 3.31 acres of dry land. Wetland credit is requested for subdividing the property. The proposed subdivision will create one new lot containing about 1.3 acres of dry land and just under one acre of wetland. There is a vehicle easement which cannot be counted in buildable acreage for Lot 1. Lot 1 requires a variance for lot width. If council agrees with the premise that the property was not assessed a second sewer unit and is not 'served with sewer', then a lot area variance is required. Council may choose to grant the wetland credit, if it concludes the property is sewered, but it is staffs understanding it is not their current intent to grant wetland credit for properties in the 2-acre zone. The existing shed would have to be removed because it becomes an accessory structure without a principal structure. Lot 2 would have lake access, but Lot 1 would not. Park dedication fee vs. land dedication, and sewer connection charge prior to plat approval are other issues,but this is a sketch plan. Another option for applicant, is to sell some land to the neighbor. • Because this is a sketch plan, no formal action is necessary. Staff will take this sketch plan directly to Council, along with the proposed wetland credit amendment. Applicant noted she has submitted a petition signed in support of her plan by neighbors within 300 feet, except for one. Stoddard noted the coincidence in the timing, and would like City Council to look at this proposal and the proposed amendment at the same time. If not approved, the City Council should look at refunding the money. Stoddard noted the City receives many requests for width variances, and not many pass. The applicant stated she was told by the City that she would be able to subdivide once sewer was available to the Stubbs Bay area. (#17) #2375 PARK LAND CO. -2525-35-45 SHADYWOOD ROAD Van Zomeren reported this is a sketch plan with an option for 40 unit apartments. She distributed pictures. This property has three separate parcels, two in front with B-4 zoning, and one back lot which is zoned LR-1B residential with a proposed density of 14.1 units. Van Zomeren stated the Comp Plan calls for this area to be urban service area. The big issue is the proposed density. Several options are available to amend B-4 to allow apartments. Creating a new zoning district may be inconsistent with Comp Plan. A proposed overlay district could be drafted that would allow apartment buildings with commercial uses. • 15 • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#17 - #2375 Park Land Co. - Continued) Park dedication fees for this property range from a minimum of$2,900 to a maximum of$4,900 per unit according to Gaffron. Van Zomeren stated another issue is sewer and indicated 4 units, while applicant thought there may be six. Smith asked if the overlay plan has been discussed with City Council to which Van Zomeren replied it hadn't, but it had been used a lot in other cities. She wouldn't recommend that unless it met the Comp Plan. Lindquist asked if it would take change in how it is set up. Van Zomeren said now the highest density is 3 units per acre, and this is closer to 14. Lindquist replied that the proposed use realistically would not happen. Smith said it doesn't reflect on quality, but it doesn't fit on how it is zoned. Steve Young said he realizes he is asking for more units than the current zoning code allows. He questioned what could be reasonably developed there and he appreciates comments that it is not an intent or design base. Smith asked Young if he would consider other uses. Applicant said there is not a lot of interest in retail or business,that housing is the market, and condominium units may be possible. Gaffron said the staff was directed by the City Council to put on a high level burner looking at B-5 zoning, and She thinks we should be looking at the entire Navarre area. Stoddard said he liked the plan, but it comes down to zoning and density and the current zoning is the best fit for the neighborhood. The applicant asked if the Commission believed office use is best. Stoddard replied current zoning is the best for that area. Smith suggested the applicant change the target market. The applicant said he was looking at possibilities, and looking at a target market for seniors that would be a definable project. Stoddard said it all comes down to density. Applicant mentioned the State's 10+year moratorium on nursing homes and discussed the complex issues of having senior housing available. PLANNING COMMISSION COMMENTS (#7)#2364 JOHN SERENA, 4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT Smith moved, McMillan seconded to table agenda item (#7) #2364, John Serena, 4607 Watertown Road, conditional use permit. Vote: Ayes 5,Nays 0. 16 41) ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#18) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON APRIL 27, 1998 AND MAY 11, 1998 McMillan attended the April 27, 1998 City Council meeting at which the Council approved a shed for Len Busch. Lindquist attended the May 11, 1998 City Council meeting which discussed Bay Furniture, and Town Line Road. (#19) OTHER ISSUES FOR DISCUSSION. None. (#20) PLANNING COMMISSION APPROVAL OF MINUTES FOR APRIL 20, 1998 McMillan asked to amend the minutes on page 2 to reflect she abstained from the Woodhill Country Club vote. Lindquist moved, and Hawn seconded to approved the Minutes of the Planning Commission Meeting of April 20, 1998 as amended. Vote: Ayes 5,Nays 0. • (#21)SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON MAY 26, 1998 AND JUNE 8, 1998 May 26 - Hawn June 8 - Smith. Lindquist requested the vice chairman's seat be rearranged to be next to Chair Smith's. ADJOURNMENT Lindquist moved, Smith seconded, to adjourn at 11:22. Vote: Ayes 5,Nays 0. Sandra Smith, Chair Person • 17