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HomeMy WebLinkAbout07-20-1998 Planning Commission Minutes s ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard, Elizabeth Hawn, Dale Lindquist, Janice Berg, Lili McMillan; Charles Schroeder was absent. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:33 p.m. PUBLIC HEARINGS OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE -VARIANCES, 6:35 p.m. -6:55 p.m. Mr. and Mrs. Kirk Otteson were present. Van Zomeren stated this application was considered at the June 15, 1998 meeting and was tabled to allow the Applicants time to submit revised plans that propose to add an addition to the existing • residence. The Applicants are proposing to add a second floor to the existing residence which requires variances for average lakeshore setback, bluff setback, and hardcover in the 75'-250' range. The proposed structure meets all the required height requirements and does not impact significantly on the bluff line. Van Zomeren noted the existing hardcover is 24.15 percent, with the allowed hardcover being 32.19 percent. The Applicants had proposed eliminating the sidewalk and a portion of the driveway turnaround to reduce hardcover, but due to safety concerns, Staff recommends the sidewalk and the driveway turnaround be allowed to remain. Chair Smith inquired what the proposed hardcover was for the first plan calling for an addition to the house. Van Zomeren stated the first plan called for hardcover of 29.4 percent. Chair Smith noted the hardcover under the revised plan is 27 percent. There were no public comments. Stoddard moved, Lindquist seconded, to approve Application #2368 allowing a second floor to be added to the existing residence located at 710 North Arm Drive and to grant variances for average lakeshore setback, bluff setback, and hardcover in the 75'-250' setback. NO VOTE TAKEN. Chair Smith inquired of the Planning Commission whether they would like to consider adding a stipulation to the motion restricting further hardcover. Stoddard replied he would like that item to be discussed as a group before a decision is made • concerning this property. Page 1 f • ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (Kirk Otteson, continued) Lindquist stated if the property is over the hardcover limit, a restriction should be placed against the property restricting further hardcover. Hawn noted agreement. Stoddard amended his motion by adding the stipulation that no additional hardcover will be allowed on this property. Shirley Wickman stated the Planning Commission is inconsistent in their applying of hardcover restrictions and perhaps should consider adopting a blanket policy to handle future hardcover requests. Stoddard noted the Planning Commission and City Council have held a joint meeting to discuss hardcover requests, and the concensus was to be more conservative in granting variances to hardcover. Chair Smith commented some hardship aspects of the property warrant additional discussion and review by the Planning Commission. Overall the Planning Commission is trying to honor the existing codes on the books and to be as consistent as possible. Chair Smith said it is the Planning Commission's intent to put those property owners on notice who have exceeded the hardcover limit by restricting additional hardcover. Otteson stated he understands the stipulation. Hawn moved, Lindquist seconded, to add a stipulation to the motion calling for no further hardcover for the property located at 710 North Arm Drive. VOTE ON AMENDMENT AND • MOTION: Ayes 6, Nays 0. (#2) 2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCES AND CONDITIONAL USE PERMIT, 6:55 p.m. -7:13 p.m. Mr. and Mrs. Gary O'Keefe were present. Gaffron reported that the Planning Commission previously reviewed the application at its May 18 and June 15, 1998 meetings. The Planning Commission recommended the Applicants limit hardcover to 25 percent in the combined 75'-250' and south 0-75' zones. The Applicants were also requested to submit a revised grading plan. Gaffron stated the Applicants have submitted a revised plan calling for a total hardcover of 5,725 square feet which meets the Planning Commission's recommendation from the last meeting. The revised plan calls for a newly constructed one-story home with an attached three stall garage, and the Applicants are requesting a variance to the hardcover to add an additional 300 square feet of patio, which would yield final hardcover of 6,025 square feet or 26.3 percent. Minor grading is proposed in the north 0'-75' zone to blend contours from old foundation to new home. The grading plan needs to be further defined if revisions are still planned along the north 0'-75' lot line. The Applicants are also proposing to construct an optional retention pond in the south 0'-75' zone for potential mitigation of additional hardcover. Gaffron commented this new proposal meets the Planning Commission's recommendations from the prior meeting, and Staff is comfortable with the revised plan. • Gaffron noted Resolution No. 2831 adopted back in 1990 granted variances to this property and contained language in the resolution which led the Applicant to conclude that he was entitled to more Page 2 r •' r ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (Gary O'Keefe, continued) hardcover than what is being recommended by the Planning Commission. Hardcover back in 1990 without the two zones being combined was at approximately 6,800 square feet. Chair Smith questioned whether Staff had any concerns regarding the drainage for this property. Gaffron remarked Staff is comfortable with what is being proposed. Mike Sharratt, Architect, stated the O'Keefe's have reduced hardcover by eliminating the patio and a portion of the driveway, but would like the Planning Commission to consider allowing a retention pond as mitigation in exchange for additional hardcover. Chair Smith commented the architect has done a marvelous job in bringing the plans into compliance, but stated the size of the house could be reduced to allow for the patio. Chair Smith asked for public comment. Mark Versig, neighbor, commented he is aware and in favor of what the O'Keefe's are proposing to do, noting that the drainage problems should be alleviated by the proposed grading. Sharratt stated what is currently being proposed is the best plan for this property. Gaffron stated he is in favor of the retention pond but is not convinced it should be used as mitigation for additional hardcover. • McMillan stated she would not be in favor of additional hardcover in exchange for the retention pond since it would be setting a dangerous precedent, but felt the retention pond would be an ideal solution to the drainage issue. Lindquist stated he was in favor of the proposed plan with the exclusion of the patio. Stoddard noted the size of the house or the driveway could be reduced to allow for the patio. Sharratt remarked it would not be feasible to reduce the driveway any further. Sharratt commented if the hardcover is limited to 25%, he would not recommend reducing the size of the house to allow for the patio. Chair Smith stated she is in favor of keeping the hardcover at 25 percent, noting the owner will need to decide whether the patio is desired. Hawn stated she also was in favor of limiting the hardcover to 25%. Gaffron commented if the O'Keefe's decide to add a retention pond, that would need to be done under a separate application. Lindquist moved, Smith seconded, to approve Application #2370, granting a conditional use permit for grading within 5' of a lot line and within the 0-75' lakeshore protected area to permit construction of a new residence to replace the existing residence for the property located at 1392 Baldur Park Road, with the understanding hardcover will be limited to 25% in the combined 75-250' and south 0-75' zones with no additional hardcover being allowed. Per the request of the O'Keefe's, the patio will be eliminated. VOTE: Ayes 6, Nays 0. • Page 3 - ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • SCHEDULED PUBLIC HEARINGS (#3)#2388 W.WYATT MOE, 1220 LOMA LINDA AVENUE AND 1230 SPRUCE PLACE - VACATION, 7:13 p.m. -7:18 p.m. Mr. and Mrs. Moe were present. Gaffron stated the Applicants are requesting that the City vacate a portion of Portland Place lying between Blocks 1 and 2 of Saga Hill Revised. Gaffron gave a brief history regarding the prior attempts at vacating a portion of Portland Place, noting that the title examiner has questioned the validity of the 1979 vacation since no documentation was found that a public hearing was held prior to the vacation. Staff recommends approval of the vacation for that portion of Portland Place from the north end of the Udell's lot down to the south side of the Moe property, Blocks 1 and 2, Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated. The Applicants had no comment. There were no public comments. McMillan moved, Smith seconded,to approve Application #2388, granting the vacation of Portland Place located between Blocks 1 and 2, Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated and to grant any other utility easements if determined necessary by the utility companies. City Council is to determine whether a refund of the vacation fee is warranted. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#4)#2381 BUSSE CONSTRUCTION ON BEHALF OF JAMES JOHNSON AND CHARLES LARSON, 4300 WATERTOWN ROAD AND 4285 SIXTH AVENUE NORTH -CONDITIONAL USE PERMIT (#5) #2382 BUSSE CONSTRUCTION ON BEHALF OF TIM OTTEN, 425 TURNHAM ROAD - CONDITIONAL USE PERMIT (#6) #2386 BUSSE CONSTRUCTION ON BEHALF OF KATHERINE COLGROVE, 4260 SIXTH AVENUE NORTH -CONDITIONAL USE PERMIT (#7) #2387 BUSSE CONSTRUCTION ON BEHALF OF BOB GEHRMAN, 4300 SIXTH AVENUE - CONDITIONAL USE PERMIT, 7:18 p.m. -7:25 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Van Zomeren stated these applications deal with the request by Busse Construction to haul in fill on these properties which requires a conditional use permit. Busse Construction is currently working on the County Road 6 project for Hennepin County. • City Staff recommends approval of the conditional use permits subject to septic testing before any fill is filled in and subject to properly installing vegetation at the time the land alteration is completed. Page 4 a , ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (Busse Construction, continued) Staff has reviewed the sites and has found no drainage concerns. Patrick Brazil, Busse Construction, stated the Colgrove property probably will not be used. There were no public comments. Van Zomeren noted the land alterations are permanent. Van Zomeren recommended approving all four applications in the event the Colgrove property is needed. Lindquist moved, McMillan seconded, to approve Applications #2381, #2382, #2386, and #2387, Busse Construction on behalf of James Johnson and Charles Larson, 4300 Watertown Road and 4285 Sixth Avenue North; Tim Often, 425 Turnham Road; Katherine Colgrove, 4260 Sixth Avenue North; and Bob Gehrman, 4300 Sixth Avenue, subject to testing of the septic systems prior to commencement of any hauling of fill, and further subject to the condition that vegetation is properly installed on the properties following the land alteration. VOTE: Ayes 6, Nays 0. (#8)#2385 STEPHANIE KROEGER, 3465 CRYSTAL PLACE -VARIANCES, 7:26 p.m. -7:33 p.m. The Certificate of Mailing and Affidavit of Publication were noted. • Stephanie Kroeger was present. Weinberger stated the Applicant is proposing to tear down an existing one stall garage with attached storage to construct a new two stall garage in the same location which requires a variance from rear and side yard setbacks and a second variance from hardcover requirements within the 500'to 1000' lakeshore distance. Total hardcover for this property is 52.2% or 3,466 square feet. After construction total hardcover would be reduced to 48.6%, which is a 3.6% decrease. Weinberger noted the Applicant shares the driveway with the adjoining property. Staff recommends approval of the variances from rear yard setback and side yard setback requirements to allow a three foot setback for the construction of a garage to replace the existing garage, with denial of the variance from hardcover requirements within the 500'to 1000' lakeshore setback based on the excessive hardcover on the property. Ms. Kroeger stated the present hardcover consists primarily of living space which rests on a small lot. The driveway is split down the middle. Weinberger noted the overall hardcover will be reduced after construction, but still exceeds the 25% limit. Hawn stated she feels the present hardcover is high, noting the owner is proposing to build on previously existing hardcover. Hawn commented the Applicant requires all the variances to construct the new structure, which will result in a better situation as far as total hardcover is concerned, and is in favor of the application. McMillan stated she was in favor of the application, noting there is a hardship. • Chair Smith stated the proposed structure is in keeping with the rest of the neighborhood. Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (#2385 Stephanie Kroeger, continued) Lindquist stated he does not have a problem with the application. There were no public comments. Hawn moved, Berg seconded,to approve Application #2385, granting of variances from rear yard setback and side yard setback requirements to allow a three foot setback for the construction of a garage to replace the existing garage located at 3465 Crystal Place, and to grant a variance from hardcover requirements within the 500'to 1000' lakeshore setback which will reduce the present overall hardcover,with the stipulation that no further hardcover will be allowed up to the structural coverage of 1,500 square feet. VOTE: Ayes 6, Nays 0. (#9)#2389 DANIEL J. KLUTH, 2801 FOX STREET-CONDITIONAL USE PERMIT, 7:33 p.m. -7:55 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Kluth were present. Weinberger stated the Applicants are requesting a conditional use permit for a guest house that will be used as a game building. The Applicants are proposing to install plumbing, consisting of one toilet and one sink, into the structure. A building permit was issued on June 10, 1998, to construct the building as an accessory structure, which is a permitted use. A conditional use permit is • required for the plumbing. The Applicants' lot consists of 2.71 acres, which requires a variance from minimum lot size. In order to support a guest house, a minimum of four acres is required in the LR-1A zoning district. This structure should have low impact to the surrounding neighborhood as it is being constructed on a very wooded lot. Mr. Kluth stated the proposed building is a two-level building with a full-length basement. The structure will be used solely for the purpose of a game building. Kluth commented he does not view the structure as a guest house since people are not going to sleep there, and was unaware of the 50'setback required for a guest house before construction was commenced. Stoddard noted his house was cited in the history as having a guest house, which was pre-existing at the time the conditional use permit was applied for and already had plumbing installed. The conditional use permit simply made it legal in the eyes of the City. Stoddard noted the Planning Commission will be reviewing an amendment to the guest house ordinance later in the meeting to deal with these accessory structures that have plumbing. Chair Smith noted there are several other properties in Orono with accessory buildings. Van Zomeren remarked a conditional use permit is required whenever plumbing is installed and the structure can become habitable. McMillan inquired whether the existing septic system can accommodate the additional bathroom. Kluth stated the septic system has been inspected by Steve Weckman and will be able to accommodate the additional bathroom. The present residence is a four-bedroom house. Van Zomeren stated the property is probably sized for a five bedroom house. • Stoddard stated he does not have a problem with the application, noting this type of application is Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (#2389 Daniel Kluth, continued) becoming more common. Hawn remarked the ordinance needs to be addressed regarding guest structures before a decision can be made on this application. Hawn noted the Planning Commission and City Council has previously informed people that the plumbing has to be removed in several cases where a new structure was being proposed to prevent that accessory building from becoming a dwelling unit. Kluth stated the structure will not be used as a dwelling unit. Hawn commented once plumbing is installed, the structure could be used as a dwelling unit in the future which is difficult for the City to enforce. Hawn stated the City Council should have an opportunity to review the ordinance before a decision is made on this application. McMillan noted a shower could be installed in the unit without the City knowing about it. Lindquist suggested tabling the application until the ordinance could be reviewed. Chair Smith asked if the building was considered a garage with no plumbing, would any variances be required. Weinberger stated no variances would be needed if the structure was constructed without plumbing. There were no public comments. • Lindquist stated the Planning Commission will either deny the application or table it until the ordinance is reviewed. Lindquist suggested the plumbing could be roughed in and not installed. Kluth inquired whether his application could be heard after the ordinance was reviewed later this evening. Lindquist commented the City Council needs to approve the ordinance after it is reviewed by the Planning Commission, and suggested the Applicant proceed with the construction of the structure without the plumbing. Kluth inquired what would happen if the application is tabled. Van Zomeren stated the Applicant would need to agree to a 60 day extension, noting the present ordinance does not adequately address this issue. McMillan requested Staff prepare a report regarding the septic system. Kluth agreed to the extension. Lindquist moved, Smith seconded,to table Application #2369, for property located at 2801 Fox Street, with the understanding the Application will be extended an additional 60 days as of August 22, 1998. VOTE: Ayes 6, Nays 0. (#10)#2390 DAVID RAHN, 1385 REST POINT ROAD -VARIANCES, 7:56 p.m. -8:28 p.m. • The Certificate of Mailing and Affidavit of Publication were noted. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#2390 David Rahn, continued) Mr. Rahn was present. Van Zomeren stated the Applicant is requesting a hardcover variance in the 75'-250' setback to construct a double garage, retaining wall, and driveway. Variances to the side yard, hardcover and lakeshore setback were granted in 1997 to change a cabin into a residence. A conditional use permit was also granted to allow for land alteration in the 0-75' setback, with a portion of the lot being located below the flood plain elevation. Van Zomeren noted currently there is 792 square feet of existing hardcover in the 75'-250' zone and 1,320.75 square feet of hardcover in the 0-75' zone. The total allowed hardcover for this property is 1,978 square feet or 25%. The proposed hardcover totals 3,797 square feet, which represents more than what the previous City Council resolution allows. Staff did not make a recommendation regarding this application. Rahn reviewed the minutes of the July 14, 1997 City Council meeting, noting he was not aware of the hardcover restrictions until recently. Rahn stated Mayor Jabbour recommended approval contingent upon no additional variances to hardcover, with the allowed hardcover being cited at 1,978 square feet. Later in the meeting the hardcover was reduced by 1,300 square feet. Rahn stated 652 square feet of hardcover is allowed under structural. If hardcover is limited, Rahn stated he would construct a garage without a driveway. There were no public comments. • Chair Smith commented this is a unique property where the owner has converted a cabin into a residence. Chair Smith raised concerns about the need for correct hardcover numbers regarding this property. Van Zomeren noted Staff is making copies of the minutes from the July 14, 1997 City Council meeting for review by the Planning Commission. Rahn stated he had the understanding he would have 1,000 square feet of hardcover remaining before construction of the garage. Van Zomeren stated the City Council granted a variance from hardcover in the 0-75' zone allowing an increase in hardcover from 9%to 19%, a variance to the side yard setback, and a conditional use permit for land alteration subject to the following conditions: no new hardcover will be allowed in the 0-75' setback, with any new hardcover in the 75'-250'zone being reduced by the amount of hardcover in the 0-75' zone. Van Zomeren stated the overall hardcover for this property is restricted to the amount allowed in the 75'-250' zone. Chair Smith noted the two zones were combined into one. Rahn remarked he could construct a 24 by 26 garage without a driveway. Rahn stated he presently has no storage on his property and would like to construct an accessory building. McMillan commented setbacks need to be maintained. Hawn stated the City Council addressed this property quite recently, noting the decision should be made by the City Council whether the resolution should be amended. Hawn remarked the current proposal is outside the recommendations of the City Council. Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (#2390 David Rahn, continued) Chair Smith suggested the application may need to be revised because the garage cannot be accessed without a driveway, noting the Applicant has 657 square feet of available hardcover remaining. Chair Smith stated the Applicant knew the restrictions of the lot when the property was purchased. Van Zomeren stated the Applicant is allowed to go closer to Rest Point Road to stay out of the floodplain. Chair Smith stated City Staff is willing to assist the Applicant, and inquired whether he would like the matter tabled to allow him to submit revised plans. Rahn stated he would like the matter to be put before the City Council. Chair Smith noted the City Council has the option to approve or deny the application. Rahn inquired whether the property being located in the floodplain would be considered a hardship. Chair Smith stated the Planning Commission applies the codes as uniformly as possible to all properties, noting some properties are not able to accommodate all the wishes of the property owner but have to stay within what is acceptable for the neighborhood and City. Berg noted the Planning Commission is becoming more restrictive on hardcover in an attempt to comply with the ordinances. • Smith moved, Hawn seconded, to deny Application #2390 as proposed for property located at 1385 Rest Point Road. VOTE: Ayes 6, Nays 0. (#11)#2392 THOMAS BERSCHEID, 1365 REST POINT ROAD -VARIANCES, 8:28 p.m. -8:35 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Berscheid was present. Weinberger stated the Applicant is requesting a conditional use permit to construct a detached garage on a through lot and a variance from lot setback requirements for an accessory structure. A conditional use permit is required for accessory buildings located on through lots in R Zoning Districts. Berscheid stated he is interested in constructing a loft above the garage with plumbing, and inquired whether it is permitted under the ordinances. Weinberger stated a conditional use permit will be required for a guest house. Chair Smith stated the Applicant would need to apply for a conditional use permit. Lindquist stated the Planning Commission cannot approve a conditional use permit to install plumbing in an accessory structure at tonight's meeting. There were no public comments. • Weinberger noted the proposed structure meets the lot requirements. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#2392 Thomas Berscheid, continued) Stoddard noted the accessory structure cannot exceed the principal structure in height. Berscheid stated the proposed structure is 20 feet in height, which would not exceed the principal structure. Lindquist moved, Hawn seconded, to approve Application #2392, granting a conditional use permit to construct a detached garage on property located at 1365 Rest Point Road subject to, 1)the Applicant obtaining a building permit from the City of Orono prior to construction of the garage; 2)the garage is constructed in substantial conformance with the survey dated May 19, 1998, and; 3)the Applicant receives a building permit within one year of City Council granting the conditional use permit. VOTE: Ayes 6, Nays 0. (#12) #2393 RICHARD AND CAROL KAIL, 2917 CASCO POINT ROAD -VARIANCES, 8:35 p.m. - 8:55 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Kail were present. Van Zomeren stated the Applicants are proposing to remove an existing carport and construct a 20 by 20 detached garage. Variances are required for side yard setback to allow the garage to encroach into the 10 foot required side yard, with a variance for hardcover being required in the • 250'-500'setback. Van Zomeren noted this is a substandard lot, less than 1/5 of an acre, and does not meet the lot area or lot width standards. Existing hardcover is at 39.4 percent, with the limit being 30 percent. The existing driveway, which is located on the subject property, also provides access to the adjacent lot. Mrs. Kail stated they would like to remove the shed located at the front of the property and erect a garage where the existing carport is. Chair Smith inquired whether the existing garage on the adjacent lakeshore property, which is owned by the Kails, could be added onto. Mr. Kail noted that if a stall were added to the existing garage, it would give the garage the appearance of a long barn. Mrs. Kail said she was not opposed to that idea. McMillan noted the properties are not combined. Mr. Kail remarked they have no plans at the present time to combine the lots, but would like to do so in the future. McMillan stated she would be in favor of a oversized one-car garage to replace what is currently there. Mr. Kail commented a sewer line goes through the middle of the property which reduces possible sites for the garage. Mrs. Kail stated a 20 by 20 garage allows for two cars, and inquired whether they could construct a • car and a half garage. Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#2393 Richard and Carol Kail, continued) Van Zomeren stated the typical parking stall is 9 by 20 feet and they could construct a 12 or 14 by 20 foot garage. McMillan stated she would be in favor of a 12 or 14 by 20 foot garage. Mr. Kail commented they lost some land when the road was improved in the area. Stoddard stated he would be in favor of a 14 by 20 foot garage. Van Zomeren noted there is a required ten foot setback from the house to the garage. McMillan inquired whether the applicants would be in favor of an attached garage. Mrs. Kail replied no. There were no public comments. Lindquist inquired whether the applicants were comfortable with adding a 14 by 20 foot garage. Mrs. Kail commented a 14 by 20 foot garage is better than what is currently there. Van Zomeren stated the proposed garage would leave a 20 foot depth for a side-loading garage/drive which is ten feet short of the preferred minimum of 30 feet. The side yard setback would be 10 feet. Lindquist stated he would be comfortable with the 10 foot side yard setback and a maximum of 50 additional square feet in hardcover for the driveway. Chair Smith noted the 10 foot side yard setback is required because the two properties are not combined, and if sold as separate lots, they would be in conformance with the ordinance. Lindquist moved, Smith seconded,to approve Application #2393 for the property located at 2917 Casco Point Road, with the understanding the proposed garage will be constructed 10 feet off the side yard and rear yard setbacks, a maximum of 50 square feet of hardcover will be added for driveway, the existing shed and concrete will be removed and replaced with a 14 by 20 foot garage. VOTE: Ayes 6, Nays 0. (Recess was taken from 8:55 p.m. - 9:03 p.m.) (#13) #2394 C. PETER PEARSON COMPANY HAVING AN INTEREST IN 2695 KELLY AVENUE - VARIANCES, 9:03 p.m. -9:23 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gary Birnbaum and a representative from C. Peter Pearson Company were present. Van Zomeren stated the Applicants are requesting a hardcover variance and side yard adjacent to street variance. The Applicants are also requesting to have access off of Lydiard Avenue to reduce the amount of hardcover for the driveway. This property is located in the LR-1 B, which has a one acre minimum lot requirement. The property is comprised of two lots, Lot 1 consisting of .51 acres and Lot 2 consisting of .38 acres. • Van Zomeren noted the property was granted a lot area variance on November 10, 1997, and one of Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#2394 C. Peter Pearson Company, continued) the conditions of the Resolution was that no further variances be granted for Lot 1 or Lot 2. The proposed residence, driveway and sidewalk exceed the 25 percent limit for hardcover in the 75'-250' setback. Staff recommends the Planning Commission limit the application to what was previously approved by the City Council. The representative stated if access is granted off of Lydiard Avenue, the hardcover would be reduced to 29.2 percent, and if access if off of Kelly Road, the hardcover would be 33.5 percent, with 25 percent being allowed. There were no public comments. Van Zomeren noted two letters were received by the City, with copies being given to the Applicant. Chair Smith stated one letter is dated July 20 from Dan Griesbach and one dated July 16 from Richard Rice. Chair Smith noted both letters express concerns about access off of Lydiard, citing possible erosion, loss of park habitat, and the road condition of Lydiard Avenue. Chair Smith inquired whether access would be coming off of the public beach. Van Zomeren stated if access is off of Lydiard Avenue, it would be on park property. Van Zomeren noted the Park Commission was not in favor of access off of Lydiard Avenue. Staff is not recommending access off of Lydiard Avenue. 410 Birnbaum stated the fence limit access off of Lydiard is only there for six months of the year and if access is granted, the environment would not be altered. Birnbaum stated the road does not need to be asphalt. McMillan stated she was 100 percent behind the City Council's recommendations, noting the restrictions for this property were known and clearly spelled out when the property was subdivided. Stoddard stated he was not in favor of overruling the City Council's Resolution. Stoddard noted the Park Commission has discussed the possibility of closing Lydiard Avenue year-round. Chair Smith stated if action is taken on the proposed application, the Planning Commission will probably deny it, or the Applicant may wish to have the matter tabled until revised plans can be submitted. Birnbaum stated this property is presently unbuildable with the restrictions imposed. Chair Smith noted the City Council stated they would not grant further variances for this property. McMillan commented the City Council dictated the conditions under which this lot could become buildable and the Applicant needs to comply with those requirements. Birnbaum requested the Planning Commission act upon this application. Smith moved, McMillan seconded,to deny Application #2394 for property located at 2697 Kelly Avenue. VOTE: Ayes 6, Nays 0. • Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (#14) #2395 BRENT BENTROTT, 1453 PARK DRIVE -VARIANCES AND VACATION, 9:24 p.m. -9:47 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Brent Bentrott were present. Van Zomeren stated this lot is located in the LR-1 B zoning district, which has a minimum of one acre. Van Zomeren stated the applicants are requesting that a 10 foot portion of platted, but unopened, Bluff Street be vacated to allow an existing deck that is along the west property line to be remodeled into a three-season porch. The vacation is also requested in order to build a new garage that would be accessed from Bluff Street. Variances are needed for hardcover in the 0'-500' setbacks. Variances are also required for the side yard adjacent to street setback from Bluff Street to add the three-season porch, and a variance to the side yard setback for the proposed garage because it is considered an oversized accessory structure. Van Zomeren stated this application is dependent on the vacation, which traditionally have not been granted, and recommended the Planning Commission consider that portion of the application first. Bentrott stated they are proposing to build a new garage which would be located closer to the residence which should help reduce hardcover. Bentrott stated he didn't know a fire lane was considered a road. Mrs. Bentrott stated they would like a portion of the existing deck turned into a three-season porch. • Chair Smith inquired what the practical use of the fire lane was. Van Zomeren stated any access off of the lake would need to also be reviewed by the utility companies and the DNR, who would probably deny the request. McMillan stated the Planning Commission might be setting a precedent if the variance is granted, noting she was not in favor of the vacation. Lindquist remarked he does not think realistically this application would be approved as proposed. Bentrott stated they suggested using the fire lane as one option. There were no public comments. Chair Smith inquired what would happen if the vacation is denied. Van Zomeren stated if the vacation were not granted, the Planning Commission would be looking at a side yard adjacent to street setback to build right on the property line, no additional hardcover, and the conversion of the deck into a three season porch would be considered a structural change, and at least ten feet would be required between the accessory buildings. Bentrott stated he would be in favor of constructing the garage under 750 square feet and ten feet from the neighbor's building. McMillan stated she would be in favor of the three season porch and a redesigned garage with proper setbacks from side yard with no additional hardcover in the 75'-250' and 250'-500' zones. • Lindquist stated the garage cannot be constructed right on the property line. Page 13 , ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (#2395 Brent Bentrott, continued) Bentrott commented the existing deck is currently located right on the property line, which will be removed. Lindquist stated the Applicant probably will be denied the vacation and will have to comply with present hardcover restrictions. Chair Smith suggested the matter be tabled to allow the Applicant to submit revised plans. Bentrott stated he would be fine with tabling the application. Lindquist commented he would be in favor of a 60 day extension from August 22. Van Zomeren stated the City is required to act within 60 days of when the application is submitted. Bentrott stated he would be in favor of extending the time limit. Smith moved, McMillan seconded,to table Application 2395 for property located at 1453 Park Drive. VOTE: Ayes 6, Nays 0. (#15) #2396 CLINT AND JODI MORRISON, 3510 BAYSIDE ROAD -VARIANCES, 9:48 p.m. -9:57 p.m. • The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Morrison were present. Weinberger stated the Applicants are requesting to replace their existing residence with a new house and attached garage. This property is located in the LR-1A zoning district, which requires a minimum of two acres. This lot consists of 1.36 acres. A variance from lot size requirements would be needed as well as a variance from average lakeshore setback requirements. A conditional use permit is also necessary to allow a boat house to remain on the property during the demolition and reconstruction. The boat house would need to remain as an accessory structure and not be occupied while the residence is under reconstruction. No variance to hardcover is required. Staff recommends approval of the application based on the lot being a corner lot and the construction is completed in a timely manner. The Applicants had no comment. There were no public comments. McMillan inquired whether a conditional use permit is needed to allow the accessory structure to remain. Van Zomeren stated a variance is needed to allow the accessory to remain during the reconstruction. Morrison remarked the boat house is really the original garage of the house. • Lindquist commented boat house should be changed to read accessory structure. Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (#2396 Clint and Jodi Morrison, continued) McMillan moved, Hawn seconded,to approve Application #2396, granting of a variance to lot size, average lakeshore setback, and a variance to allow an existing accessory structure to remain during the reconstruction period for property located at 3510 Bayside Road. VOTE: Ayes 6, Nays 0. (#16)#2397 JOE & LESLIE LUCAS, 1060 BROWN ROAD NORTH -VARIANCES, 9:58 p.m. - 10:00 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Joe Lucas was present. Weinberger stated the subject property is located in the LR-1A zoning district, which has a two acre minimum. The property consists of 1.83 acres. The Applicants are requesting a variance from side yard setback requirements to allow an addition to the residence. The proposed structure would be nine feet from the lot line, with the existing structure being located 9.4 feet from the side lot line. The zoning district requires a 30 foot side yard setback. Weinberger stated the Applicants are proposing to remove and replace the garage foundation due to excessive ground water erosion and will be adding four new sump baskets to solve the ground water problem. Staff recommends approval of the application. Berg commented the property might be situated on a spring which could be causing the water P Y 9 P 9 9 problems. Lucas remarked the garage is located is on a spring, with a majority of the water problems being corrected when Brown Road was improved. The water will be channeled to a creek located at the back of the property. There were no public comments. Stoddard moved, Hawn seconded,to approve Application #2397, granting of a variance from side yard setbacks for replacement of the garage foundation to add a basement and drain tile to support the addition currently under construction, and for additional living space for property located at 1060 Brown Road North. VOTE: Ayes 6, Nays 0. (#17) ZONING AMENDMENT-SECTION 10.03 AND 10.20, RE: PLUMBING IN ACCESSORY STRUCTURES Gaffron reviewed his report dated July 16, 1998, regarding the proposed zoning code amendment dealing with plumbing in accessory buildings. Gaffron suggested the Planning Commission consider having various levels of regulations dealing with the different accessory structures that could house plumbing. The possible range in regulations might include, 1) staff permit approval without restrictions; 2) staff permit approval subject to specific restrictions or covenants; and 3) council action required for a conditional use permit or variance. • Van Zomeren stated currently the ordinance does not address heating of the accessory building. Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (Zoning Amendment, continued) Gaffron stated the concern with allowing plumbing in accessory buildings is the potential for that building to become a dwelling/rental unit, and perhaps definition of what constitutes a dwelling unit should be addressed to help resolve Staffs concerns. Building inspectors have suggested that the adding of a sink and toilet in an accessory building may not necessarily result in a dwelling potential, but adding of a tub or shower along with a toilet and sink can lead to separate dwelling potential. Chair Smith inquired whether requests of this type were becoming more common. Gaffron replied the City has been dealing with these requests for the past ten years and anticipates it will continue in the future. Van Zomeren suggested the number of accessory structures with plumbing on the property be limited. Lindquist recommended limiting it to one accessory building with plumbing. Gaffron stated if the buildings are connected by an enclosed walkway, according to the building inspector they are considered one structure. McMillan inquired whether the property owners are subject to sewer assessment for the additional plumbing. • Gaffron suggested leaving sewer assessment out of this ordinance, but traditionally the property owner is assessed a sewer unit for a guest house. Stoddard stated the Planning Commission should get some guidance from the City Council on how SAC units should be assessed. Gaffron suggested the matter be tabled to allow the Planning Commission more time to review the proposed zoning code amendment. Hawn suggested Staff define how much abuse of the zoning code needs to be demonstrated before the conditional use permit can be discontinued. Van Zomeren remarked it would be hard to define all the variables and different scenarios. Gaffron noted conditional use permits traditionally go along with the property. Chair Smith suggested the Planning Commission hold a joint session with the City Council to discuss this matter further. Lindquist stated Daniel Kluth is welcome to attend the workshop dealing with the proposed zoning code amendment. Gaffron noted the public hearing dealing with this zoning amendment will be continued to a work session with the Planning Commission. • PLANNING COMMISSION COMMENTS Page 16 . ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 • (#18) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JUNE 22, 1998 AND JULY 13, 1998 McMillan stated she had nothing to report from the June 22, 1998 meeting. Stoddard stated the agreement concerning Big Island has been approved. (#19) OTHER ISSUES FOR DISCUSSION Stoddard commented he would like City Staff to review the height ordinance and to schedule a work session with the Planning Commission to discuss the ordinance. (#20) PLANNING COMMISSION APPROVAL OF MINUTES FOR JUNE 15, 1998 Lindquist moved, Hawn seconded,to approve the minutes of the June 15, 1998 Planning Commission meeting as submitted. VOTE: Ayes 6, Nays 0. (#21) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JULY 27, 1998 AND AUGUST 10, 1998 July 27 - Lindquist August 10 - Hawn 41110 ADJOURNMENT Hawn moved, Smith seconded,to adjourn at 10:48 p.m. VOTE: Ayes 6, Nays 0. q/14-1, andra Smith, Chair Person • Page 17