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HomeMy WebLinkAbout08-17-1998 Planning Commission Minutes r , . y ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, Charles Schroeder, William Stoddard, Elizabeth Hawn, Dale Lindquist, Janice Berg; Lili McMillan was absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Senior Planning Coordinator Mike Gaffron, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:30 p.m. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2389 DANIEL J. KLUTH, 2801 FOX STREET -CONDITIONAL USE PERMIT, 6:31 p.m. - 6:32 p.m. The Applicant was not present. There were no public comments. Smith moved, Stoddard seconded, to table Application #2389 at the request of the Applicant. VOTE: Ayes 6, Nays 0. • (#2) #2390 DAVID RAHN, 1385 REST POINT ROAD -VARIANCE, 6:33 p.m. -6:58 p.m. Mr. Rahn was present. Van Zomeren stated this application was considered at the July 20, 1998 meeting wherein the Planning Commission denied the application as submitted. The Applicant then brought the request to the City Council where they directed the Applicant to submit a revised plan to the Planning Commission for review. The Applicant is currently proposing to construct a 22' by 24' garage that has storage below the parking level with access off the street. The revised plan calls for the structure to be 17.1' from the property line, which requires a street yard setback because the garage is less than 30' from the street. If the structure were located to meet the street setback, it would encroach into the floodplain area of the lot, which Staff is not recommending. Van Zomeren stated the Applicant's hardcover is restricted to the amount that is 25 percent of the lot area in the 75'-250', which allows the Applicant 1,978.25 square feet of hardcover. The Applicant is proposing, with the driveway and the 22' by 24'garage, hardcover of 2,576 square feet or 32.55 percent, which is an increase of 7.5 percent over the allowed hardcover. Originally the Applicant was requesting 3,797 square feet of hardcover. Van Zomeren reported the building inspector has reviewed this property and has outlined his concerns on page five of the application. City Council has requested the Planning Commission review this modified application. • Page 1 - ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2390 DAVID RAHN, Continued) Chair Smith noted the City Council had originally directed that total hardcover be limited to 25 percent. Van Zomeren stated the Resolution calls for no new hardcover in the 0'-75' setback, with new hardcover in the 75'-250'setback to be reduced by the amount of hardcover in the 0'-75'. Van Zomeren reported the new City Council direction was to have the Planning Commission review the revised plan and to extend the time period an additional 60 days per the agreement of the Applicant. Van Zomeren noted Council Member Charles Kelley stated a two car garage is reasonable in Minnesota and he would be in favor of a 24' by 24' garage with driveway and sidewalk. Goetten stated garage plans need to be included in the overall lot plan. Lindquist commented he was at the previous City Council meeting where this was discussed and the overall feeling was that a two car garage should be allowed even if it exceeded the allowable hardcover. Lindquist stated the Applicant would not be able to construct a two-stall garage with a driveway if he was limited to the 657 square feet. Mr. Rahn commented if it was the City Council's intention to limit his application to the 657 square feet, it should have been so stated at the meeting, but his understanding is that the City Council is attempting to accommodate a small garage. Hawn commented the revised plan seems to be the best option available to the Applicant, noting the garage should have been included in the original plans for the lot. Hawn stated the Applicant is on record stating the 1,000 square feet is adequate for a garage, which cannot be met with a two-car garage. Hawn remarked she is uncomfortable approving this application because the hardcover • situation was explained fully to the Applicant at the previous meetings. Rahn stated his original plans called for a garage that would not have needed a variance until the direction was given that hardcover in the 75'-250'zone would need to be reduced by the amount of hardcover in the 0-75' zone. Rahn noted he did agree to the 1,000 square feet at the City Council meeting. There were no public comments. Chair Smith stated she agrees with Hawn, and inquired whether a one-car garage would be adequate for this property as a possible option to reduce hardcover. Rahn stated he was not informed that the hardcover in the 75'-250' zone would need to be reduced until the last comment at the last City Council meeting. Chair Smith remarked when the application for the residence was originally considered, the garage was not included, so the Planning Commission did not have an opportunity to take that into consideration. Rahn commented he has stated all along that he intends to construct a garage in the future. Stoddard stated he is in favor of a garage, noting it may need to be down-sized somewhat in an effort to reduce hardcover. Schroeder noted Kelley stated in his view all people could use a garage of some type in Minnesota and would approve a garage for this property. • Page 2 [ - ( ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2390 DAVID RAHN, Continued) Berg stated a 22' by 22' garage is a minimum for a two-car garage. Rahn stated he owns a Suburban which requires a larger garage. Rahn questioned why the need to limit hardcover when he is located in a floodplain and the water runoff is filtered through the floodplain and does not go into the lake. Stoddard noted the residence is located in the 0-75'setback. Lindquist commented this lot probably should not have been approved as a buildable lot in the first place since the majority of it lies in the floodplain, but since it has been approved as a buildable lot by a previous council, the Planning Commission needs to set standards for the Applicant. Lindquist stated he would be comfortable with a 22' by 22'garage, with the stipulation that no additional hardcover of any kind be allowed on this property. Rahn stated he would like a 22' by 24'garage to accommodate his Suburban, and inquired whether the apron could be removed instead. Lindquist stated he would not approve a 22' by 24'garage. Lindquist moved, Stoddard seconded, to approve Application #2390 allowing the Applicant to construct a 22' by 22' garage with a driveway as outlined in the revised plans for property located at 1385 Rest Point Road, subject to the stipulation that no additional hardcover of any kind will be allowed on this property, and the shed presently located on the property will be removed, and further subject to the conditions outlined in the August 10, 1998 Planner's • Report. VOTE: Ayes 4, Nays 2, Smith and Hawn opposed. SCHEDULED PUBLIC HEARING (#4) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE NORTH -LOT LINE REARRANGEMENT -6:59 p.m. -7:20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mike Hilbelink and Ted Wolf were present. Van Zomeren passed out information concerning back lot/front lot standards, noting there is some confusion after a discussion with the Applicant this afternoon surrounding accessory structure requirements. Van Zomeren stated in 1997 this property was platted into a two lot subdivision known as Wolf's Run. Lot 1 was platted as 4.02 acres and Lot 2 as 7.09 acres. The Applicant is requesting to move the division line between the two parcels 160 feet to the west to allow the back lot, Lot 2, to be larger. The front lot would then become 2.96 acres and the back lot would be comprised of 8.15 acres. The outlot would remain as a separate lot for access. Van Zomeren stated the front lot contains a barn that is approximately 20' x 30'. The RR-1B zoning district requires that setback for accessory structures be at least 50'from any lot line. The proposed lot line arrangement places the barn 10' from the new front lot line for the backlot. If the barn will be used to house animals, which it currently does not, the structure must be located 75' from the rear lot. • Page 3 f - I ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2408 MIKE HILBELINK, Continued) Van Zomeren stated if the barn is to remain for use as a garage or storage it should be classified as an accessory structure which would not need a variance. Keeping a horse on a property is regulated as a conditional use and requires at least three acres of lot area. Van Zomeren remarked she was under the impression the barn would be removed until this afternoon when the Applicant informed her that the barn would not be torn down. Hilbelink stated they are not aware of how the barn will be utilized in the future, but Mr. Wolf is not contemplating housing a horse at the present time. Mr. Wolf would like the option of being able to house animals in the barn in the future. There were no public comments. Schroeder inquired whether the lot line could be relocated to accommodate the rear lot setback. Chair Smith stated the structure needs to be 75' from the lot line and 150'to the nearest residence, with a three acre minimum to keep a horse. Stoddard suggested the Applicant call it a garage and not have animals. Wolf stated he is looking down the road and would like to keep his options open as far as housing animals. Chair Smith stated the Applicant could act on the application with the understanding that the barn will be classified as an accessory structure and will not be used to house animals or the lot line could 41, be revised to meet the requirements. Hilbelink inquired if the adjoining property owner was agreeable to a variance to allow the barn to be used to house animals in the future, whether the application could be approved as submitted. Berg stated the Planning Commission needs to deal with what is currently existing on the property and to make it as conforming as possible. Hilbelink inquired whether a conditional use permit could be obtained for a horse. Van Zomeren stated this application was noticed as a lot line rearrangement and not as a conditional use permit for an accessory structure that might house an animal. Van Zomeren stated the distance from the north property line to the nearest adjacent property needs to be measured. Chair Smith stated the Planning Commission can only act on what has been presented at tonight's meeting, which would mean that the barn would not be able to house animals in the future, or the Applicant could request that the application be tabled to allow the Applicant time to submit revised plans. Van Zomeren stated she would be in favor of tabling the application to allow time to renotify the neighborhood about housing an animal. Chair Smith recommended tabling the application to allow the Applicant time to submit a revised lot line to allow the barn to house animals in the future. Wolf inquired whether the Planning Commission could act on the matter if a 75' setback is • maintained. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2408 MIKE HILBELINK, Continued) Chair Smith stated the Planning Commission has to act on what is presented to them, but the Applicant could request that the application be tabled to allow time to submit revised plans. Van Zomeren stated if the barn is to be used to house animals, the Planning Commission needs to know the exact lot lines that are being proposed. Schroeder stated to house horses a minimum of three acres is needed. Van Zomeren stated since the barn has not housed animals for an extended period of time, the intent to house animals probably has been abandoned and a new conditional use permit would be required. Van Zomeren stated if a new house is constructed on the backlot, it must meet the required setbacks for that lot, noting the restriction for the barn falls on the lot that contains the barn. Smith moved, Schroeder seconded, to table Application #2408 for property located at 900 Willow Drive North to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS, CONTINUED (#3) #2395 BRENT BENTROTT, 1453 PARK DRIVE -VARIANCES, 7:20 p.m. -7:45 p.m. • Van Zomeren stated this application was considered at the July 20 Planning Commission meeting where the Applicants requested hardcover variances, a ten foot vacation of platted, unopened Bluff Street, and side yard adjacent to street setback variances. The Planning Commission had recommended denial of the vacation of Bluff Street and tabled the application to allow the Applicant time to submit revised plans. Van Zomeren reported the Applicant has submitted a new plan that shows access from the street and locates the garage closer to the house, approximately 130 feet from the street. The Applicant is proposing to construct a two-story 22' by 25' garage. Van Zomeren stated she has spoken with Tom Kellogg, an engineer with Bonestroo, who has reviewed this plan. Kellogg has expressed concerns over the slope of the driveway, which would require a considerable amount of fill to obtain a grade of 8 percent. Van Zomeren stated the Planning Commission needs to consider whether this garage can be relocated to its proposed site, what grade the driveway should be at, how much fill will be allowed, how close the garage should be to the adjoining property line and existing house, and whether a variance to hardcover should be granted. Chair Smith stated this application involves issues that need to be addressed by an engineer, which the Planning Commission is not in a position to handle. Bentrott stated at the last meeting the Planning Commission had stated they would not be in favor of using the unopened street for access to the garage, which necessitated the need to relocate the garage. Bentrott remarked a structural engineer has viewed the property. Bentrott stated the adjacent property should not be impacted by the additional fill since the elevation is much higher. • Van Zomeren stated the engineer has also raised concerns about the distance available in the lot Page 5 T ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2395 BRENT BENTROTT, Continued) width to maintain an adequate bench of three to one for safety and mowing. Stoddard commented the steep embankment might require retaining walls, which would also increase hardcover. Lindquist stated this property will exceed the allowable hardcover in all three zones if the application is approved and will require variances in both the 75'-250' and 250'-500' setbacks. Lindquist stated he would probably vote against this application with the proposed hardcover. Van Zomeren stated that the new hardcover numbers were not provided with the revised plan. Chair Smith stated the Planning Commission probably cannot act on this application without the new hardcover numbers. Stoddard stated the surveyor or Applicant should be notified by City Staff that hardcover needs to be calculated before the meeting. Mrs. Bentrott stated they would like to relocate the garage closer to the residence to allow elderly relation the ability to visit them year-round, noting they weren't aware they couldn't relocate the garage. Mr. Bentrott stated Bruce Vang, building inspector, has been out to view the property and followed his suggestions to utilize the platted, unopened street and to construct a new garage because in his view • the existing garage was a hazard since they had to back out onto the street. Stoddard stated it has not been the philosphy of the Planning Commission to vacate or allow use of platted, unopened street for private driveways. Stoddard stated the Applicant will need to review the possible need for retaining walls, amount of fill, and new hardcover numbers, noting the Planning Commission cannot act on this application until those issues are addressed. Berg expressed concerns over the driveway being close to the neighboring house and the impact the noise and headlights would have on the adjoining property. Schroeder suggested tabling the application to allow the Bentrotts time to address these issues. Chair Smith stated she would prefer a plan without retaining walls if possible, and suggested the Applicant continue to work with City Staff on the hardcover and engineering issues. Mr. Bentrott stated they applied for the vacation to eliminate setback for the three-season porch. Hawn stated the vacation probably would not be approved. Mr. Bentrott stated in his opinion he has three options; 1) keep existing garage; 2) reconsider the application without the ten foot vacation of Bluff Street; and 3) proceed with the revised plan, which is the most costly. Hawn remarked in her view those options are not viable due to the increased hardcover. Schroeder suggested tabling the matter, noting he is not prepared to give guidance on this application due to the engineering issues that need to be addressed. • Stoddard suggested the Applicant continue to work with City Staff in an effort to resolve some of Page 6 , ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2395 BRENT BENTROTT, Continued) these issues. There were no public comments. Schroeder moved, Lindquist seconded,to table Application #2395 for property located at 1453 Park Drive. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#5) #2391 EVAN ANDERSON, 1260 SPRUCE PLACE -VARIANCE, 7:46 p.m. -8:05 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Anderson were present. Weinberger stated the Applicants are applying for an after-the-fact variance for hardcover to allow a patio to remain in the 0-75' distance from the lake, and a variance from allowed hardcover in the 75'- 250' lakeshore setback for a patio and the reconstruction of an old garage, which would require a variance from the side yard adjacent to street setback. The Applicants are proposing to construct a 24' x 20' garage to replace an existing 22.5'x 20'garage, which is 40.6 square feet larger. • Weinberger stated a conditonal use permit is needed for retaining walls that have already been replaced on the property. An after-the-fact variance is needed to allow retaining walls and patio to remain in the 0-75'zone which are not depicted on a 1996 survey. Mr. Anderson stated the retaining walls have existed since 1978 and have been replaced. Weinberger stated the Applicant is proposing to maintain the total hardcover within the 0-75' lakeshore setback at 18.5 percent. The allowed hardcover in this zone is none, which would require a variance. A hardcover variance is also required for the 75'-250' distance from the lake. The Applicants are proposing to increase hardcover from 55.3 percent to 56 percent. The allowable hardcover for that zone is 25 percent. Anderson stated City Staff have been out to review his property in the past, noting they were not aware the retaining walls were not depicted on the survey. Mrs. Anderson stated they have obtained many permits over the years for the work that has been completed on their property. Mrs. Anderson noted their property is the principal watershed for that entire area and the retaining walls are necessary for the drainage. Chair Smith expressed concern that the retaining walls were not depicted on the survey. Stoddard stated he agrees with Staff's recommendations. There were no public comments. • Stoddard remarked he would be in favor of granting the after-the-fact variances, but would like to limit the size of the garage to what is currently existing. Stoddard commented he has viewed the Page 7 1 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 S (#2391 EVAN ANDERSON, Continued) property. Anderson commented if the retaining walls were not present, the water runoff would go into his basement, and the improvements are necessary to keep the drainage out of his basement. Chair Smith inquired of the Applicants whether hardcover could be reduced. Anderson suggested the garage be moved further south into the driveway to eliminate some hardcover. Stoddard commented overall hardcover is a concern. Hawn noted structural coverage also exceeds the allowable limit. Stoddard suggested the Applicants construct a 22'x 22' garage per Staffs recommendations and limit overall hardcover at 55.3 percent. Hawn questioned whether the patio that was replaced was increased in size. Anderson stated the patio was not increased, citing a need for the hardcover to prevent water runoff. Stoddard moved, Schroeder seconded, to approve Application 2391 for property located at 1260 Spruce Place, granting of a Conditional Use Permit, an after-the-fact variance to • hardcover per Staff's recommendations to allow patio and existing hardcover in the 0-75' zone, construction of a 22' by 22' garage, doubling of the permit fees, approval of a variance to side yard adjacent to street setback to allow construction of garage five feet from lot line, limiting total hardcover in the 75'-250' zone to 55.3 percent, with the stipulation that no additional hardcover or structural variances will be granted in the future. VOTE: Ayes 4, Nays 2, Hawn and Smith opposed, noting disapproval of structural coverage. (#6) #2398 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD -CONDITIONAL USE PERMIT/LAND ALTERATION, 8:06 p.m. -8:18 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Oberhauser, a representative of Wayzata Country Club, was present. Gaffron stated the Wayzata Country Club is requesting conditional use permit approval of a master plan for upgrading the course which includes reconstruction, relocation or addition of tees for holes#1-18; reconstruction, relocation and/or addition of bunkers along most fairways and around most of the greens for holes#1-18; and expansion of three pond areas on the property, which are subject to City and MCWD/Corps of Engineers regulation and need to be further evaluated. Gaffron reported the Wayzata Country Club is proposing to widen the fairways, which will involve replacing of sod and minimal grading. Certain of the proposed tee locations will be near the road or Luce Line right-of-ways or residential lot lines. The Planning Commission may want to consider whether it would be appropriate to establish a minimum setback for tees from property boundaries based on the activity impact the tees would have on adjoining properties. • Gaffron remarked the new bunkers are not an issue, but more detail will need to be provided before Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2398 WAYZATA COUNTRY CLUB, Continued) approval can be given to the expansion of three pond areas. Gaffron recommended the expansion of the pond areas not be incorporated into this application but rather be subject to completion of a separate conditional use permit approval process for each prior to construction. Staff recommends approval of a conditional use permit for the tee and bunker program as submitted with the conditions outlined above. Gaffron noted all people within 150 feet of every boundary around the entire golf course was notified of this project. Oberhauser stated the tees that will be closest to the residential lots will consist of championship tees, which see a minimal amount of play during the day and should have very low impact on the neighboring property. Oberhauser commented they would like to complete the pond work over the winter months. Oberhauser requested the Planning Commission approve the tee and bunker portion of the application subject to submittal of additional information regarding the expansion of the pond areas to avoid the need for a new application on each pond. There were no public comments. Chair Smith inquired whether City Staff had any concerns regarding the location of the tees to the neighboring properties. Gaffron stated the tees are not located near any residences and are approximately 20 to 30 feet from the nearest lot line. Gaffron commented two people have reviewed the proposed plans. • Oberhauser stated the Wayzata Country Club has received a few phone calls regarding the proposed plans but the residents realize the project will have little impact on their property. Oberhauser stated the greens, which are located five feet from the property line, experiences more traffic than the tees. Chair Smith inquired whether any input has been received from the DNR. Gaffron stated a letter has been received today and distributed copies to the Planning Commission. Gaffron recommended approval of the conditional use permit for the ponds subject to review by the Planning Commission and adoption of a second resolution at the City Council level. Stoddard stated he was comfortable with Staff's recommendations. Oberhauser stated the project should have no impact on the Luce Line. Chair Smith indicated she was comfortable with Staffs recommendations as well. Lindquist moved, Stoddard seconded,to approve Application #2398, Wayzata Country Club, 200 Wayzata Boulevard, for a conditional use permit for reconstruction, relocation or addition of tees and bunkers for holes #1-18, per Staff's recommendations as outlined in the August 13, 1998 memorandum, conceptual approval of the expansion of the three pond areas, with the understanding the expansion of the pond areas will be subject to further approval by the Planning Commission, and further subject to the conditions outlined in the letter received from the DNR. VOTE: Ayes 6, Nays 0. Gaffron noted a second resolution will be prepared for the expansion of the pond areas. • Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#7) 2399 MURIEL SENN, 4448 NORTH SHORE DRIVE -VARIANCES, 8:18 p.m.-.m. 8:25 p The Certificate of Mailing and Affidavit of Publication were noted. Mrs. Senn was present. Van Zomeren stated the Applicant is requesting hardcover and street yard setback variances to construct an addition to an existing residence to include a 16' x 22'garage and utility room. The Applicant has been asked to provide a current survey with updated, accurate hardcover information. Van Zomeren requested the Planning Commission provide direction on what amount of hardcover will be allowed, how close the encroachment to the front setback can be, and whether an addition to the house will be allowed. Senn stated she purchased the property 25 years ago, noting the stipulations regarding hardcover and setbacks were not present on the property when it was originally purchased. Senn commented the lot has a unique configuration as well as problems with continuing erosion. Senn requested she be allowed to construct a new garage on the property. Schroeder suggested the Applicant submit an application based on the ordinances, noting the property is a difficult piece of land to work with. Senn remarked she has contacted a surveyor but has had poor response. Lindquist inquired how much acreage this lot consists of. Senn stated the lot is one acre. • Van Zomeren stated a rough estimate for the hardcover is 2,200 square feet. Van Zomeren requested the Planning Commission give guidance on what a reasonable setback from the county right-of-way would be. Berg commented the Applicant will need to submit a proposal before the Planning Commission can act on her application. Lindquist stated the Applicant will need to obtain an updated survey and plan for what is acceptable to the City of Orono. Schroeder suggested the Applicant start with 1,500 square feet and attempt to minimize the setbacks. There were no public comments. Smith moved, Schroeder seconded, to table Application #2399, Muriel Senn, 4448 North Shore Drive, to allow the Applicant time to submit a proposal. VOTE: Ayes 6, Nays 0. (#8) #2401, THOMAS AND MARGARET RADKE, 3424 EAST LAKE STREET -VARIANCES, 8:25 p.m. -8:26 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was not present. • Lindquist stated the Applicant was unable to stay until this matter was heard tonight and requested that the application be tabled. Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2401 THOMAS RADKE, Continued) Schroeder moved, Smith seconded, to table Application #2401, Thomas and Margaret Radke, 3424 East Lake Street. VOTE: Ayes 6, Nays 0. (#9) #2402, GLENN SAUER, 4104 HIGHWOOD ROAD -VARIANCE, 8:27 p.m. -8:40 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Sauer was present. Weinberger stated the Applicant is proposing to construct a new 22'x 28'two-stall garage to replace an existing 22'x 15' garage that was damaged by a storm this spring. Weinberger stated the insurance company will only pay for replacement of the garage. A variance to hardcover in the 75'-250' zone is needed. The Applicant is proposing to remove a 178 square foot storage shed subject to the new garage being built. Sauer had no comments. There were no public comments. Hawn moved, Lindquist seconded, to approve Application #2402, 4104 Highwood Road, granting of a variance to hardcover in the 75'-250' zone which will remain at 48.4 percent, a variance to allow an accessory structure to be within the front yard setback, a variance to • allow an accessory structure to be located approximately three feet closer to the road than the principal structure, and removal of a 178 square foot storage shed that currently exists on the property after construction of the garage. VOTE; Ayes 6, Nays 0. (#10) #2403 TERRY CLARK, 1575 LONG LAKE BOULEVARD -VARIANCES, 8:41 p.m. -9:06 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Ms. Clark was present along with her architect Neil Weber and Tom Terry. Van Zomeren stated this Applicant is proposing to build an addition on the existing residence to add more living space, bedrooms, and a bath, which will require a variance to encroach into the 50'street yard setback and to add hardcover in the 0-75' setback. In addition, a variance is needed to the lakeshore setback and a conditional use permit to change the grade in the 0-75' setback to allow a walkout patio addition on the lakeside. The property is in the LR-1A zoning district, which has a minimum of two acres, with this lot consisting of .72 acres. The residence sustained damage from a tree falling on the roof so is in need of repair. Van Zomeren remarked variances were previously granted for a proposal to add to the rear of the structure to allow a two-car garage and a second story. Those variances have expired. The subject lot does not meet the minimum lot area requirements due to the shallowness of the lot and would not be considered a buildable lot under current zoning standards. The Applicant is proposing to increase hardcover in the 0-75' zone by 7 percent for a total of 2,704 square feet. In the 75'-250'zone, there will be a modest increase for a total of 8.37 percent or 942.82 square feet. The proposed addition would not encroach any closer to the lake than the existing residence. Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 #2403 TERRY (#2403 CLARK, Continued) Van Zomeren stated residences under two acres located in the LR-1A zoning district are allowed 15 percent structural hardcover or 1,500 square feet, which they currently exceed. There were no public comments. Weber stated they have gone through a similar analysis that Van Zomeren has just recited and arrived at the conclusion that the addition should be built on the flattest part of the site so it would not encroach any closer to the lake or encroach into the bluff area. Weber commented the proposed addition is designed to increase living space, and noted the Applicant gave an easement to the City for a lift station last year. Weber stated the previous variances were requested by the prior owner. Chair Smith stated she has reviewed the property, and inquired whether the addition could be added to the rear of the residence. (Charles Schoeder leaves at 8:55 p.m.) Van Zomeren commented the street setback is 50'. Clark stated there is a very steep grade behind the house up to the garage. Stoddard remarked the Planning Commission needs more information concerning encroachment into the bluff area to determine the impact this proposed addition would have on the bluff. Van Zomeren stated there is a 30' setback to the top of the bluff, noting the proposed addition is S forward of the bluff. City Staff has a concern with grading or land alteration in the 0-75' zone as it relates to the bluff. Van Zomeren remarked the previous resolution granted total hardcover in the amount of 2,652 square feet, with this application proposing 2,734 square feet in total hardcover. There were no public comments. Chair Smith inquired whether the Applicant was familiar with Staffs recommendations and their concerns that this addition will have on the lakeshore. Lindquist stated the Planning Commission has concerns about adding hardcover in the 0-75' setback, and inquired whether the Applicant will be proposing to add a garage in the future. Clark stated she would like to keep the addition away from the bluff as much as possible. Weber commented they are trying to keep the addition as simple as possible, noting the former applicant proposed to completely remodel the existing residence. Chair Smith indicated the Planning Commission has a concern about the impact in the 0-75' setback, noting the majority of the residence lies within that zone. Chair Smith inquired whether the addition could be reduced at all or whether the Applicant could go up with the addition. Hawn inquired whether the addition could be added to the other side. Weber stated that particular site was chosen due to the flatness of the land and to lessen the impact on the lake and bluff. Weber indicated they understand the City's policies, noting that variances are granted for compelling reasons. Lindquist stated the impact to the lake is the higher priority in his opinion and would be hard pressed Page 12 . ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2403 TERRY CLARK, Continued) to approve an addition in the 0-75' setback. Chair Smith stated the impact to the lake and bluff areas are both high priorities of the Planning Commission, and suggested the Applicant look at reducing and moving the addition to lessen the impact on the 0-75' setback. Stoddard stated he agreed with Chair Smith. The Applicant's contractor stated that what the Applicant was proposing was reasonable, noting the current residence has no basement. Chair Smith stated this was a very special property, and recommended tabling the matter to allow the Applicant time to submit revised plans. Stoddard commented it probably wouldn't pass as currently proposed. The Applicant's contractor requested the matter be tabled. Smith moved, Stoddard seconded, to table Application #2403, 1575 Long Lake Boulevard, to allow the Applicant time to submit revised plans. VOTE: Ayes 5, Nays 0. (#11) 2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BOULEVARD - • COMMERCIAL SITE PLAN REVIEWNARIANCES, 9:07 p.m. -9:33 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Rod Johnson, representative of Otten Brothers, was present. Gaffron stated the Applicant is requesting approval of a commercial site plan for construction of a 132'x 144' greenhouse addition at the east end of the main building and will be utilized for virtually the same retail sales function as currently exists in the main building but will provide for a more controlled environment. Gaffron commented there currently is no standard in the B-6 zoning district for structural coverage. (Charles Schroeder returns at 9:12 p.m.). Gaffron stated the proposed greenhouse addition meets the height and setback requirements, and will have low impact to drainage. This addition will not require additional parking or signage and the proposed design of the greenhouse is compatible with the existing structure. Gaffron stated a retaining wall was erected to serve as a loading dock in Outlot C, and cited concerns this retaining wall/loading dock would have on the neighboring residential property. City Staff recommends that the retaining wall/loading dock be moved back. Gaffron stated the present zoning code requires that any change to the approved final PUD development plan be processed as an amendment of the final development plan followed by a resolution that amends the conditions of the PUD agreement. • Gaffron remarked Staff has received a letter from an adjoining property owner who has expressed concerns about the current landscaping at the rear of the property. Currently there is a berm located Page 13 A ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2404 OTTEN BROTHERS NURSERY, Continued) at the rear of the property with pine trees on top, with the area needing to be cleaned up somewhat. Staff recommends the Planning Commission approve the amendment to the PUD agreement, denial of the proposed location of the loading dock with relocation to Lot 2, approve location of the canopy, and address the concerns of the neighbor. Johnson stated Otten Brothers are proposing to construct the greenhouse to maintain quality materials throughout the year. Johnson commented the photographs do not depict the garbage dump that is referenced in the letter, but indicated a willingness to work with the adjoining property owners in an effort to add more screening, noting that Otten Brothers have complied with what was required of them as far as landscaping and screening. Lindquist stated he was not in favor of a retaining wall/loading dock located in Outlot C. Chair Smith indicated she would go along with Staff's recommendations. Lindquist noted the light posts located at the Highway 12 entrance must meet a five foot setback from the right-of-way. Joel Walvatne, 710 Dickey Lake Drive, commented he owns the property to the north and in his opinion feels the required landscaping does not meet the original requirements. Lindquist inquired where Walvatne would like the additional screening. • Walvatne stated he was promised more trees which have not been planted. Johnson remarked Otten Brothers is open to more screening to accommodate the concerns of the neighbors. Lindquist commented both parties need to be cooperative. Walvatne remarked it was the original intent that the roadway would be used as an additional buffer and nothing be located there. Chair Smith indicated that was the Planning Commission's consensus as well. Schroeder moved, Smith seconded, to approve Application #2404, Otten Brothers Nursery, 2350 West Wayzata Boulevard, per Staffs recommendations as outlined in the August 14, 1998 memorandum, and directed Often Brothers to cooperate with the neighbors in an attempt to provide acceptable screening to both parties. VOTE: Ayes 6, Nays 0. (#12) 2405 GEORGE KALWEIT, 4265 FOREST LAKE DRIVE -VARIANCES, 9:33 p.m. -9:42 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Kalweit was present. Weinberger commented the Applicants are proposing to reconstruct a deck that was severely • damaged by a tree in late spring as a result of a storm. The new proposal is to increase the size of Page 14 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2405 GEORGE KALWEIT, Continued) the three season screen porch from 20'x 8'to 24'x 10'. The Applicants have the option to rebuild what was approved by the City Council previously without obtaining a variance if conditions on the property remain as they were at the time of approval in 1992. Weinberger recommended tabling the matter to allow the Applicants time to submit an updated survey and new hardcover calculations for the 0-75' lakeshore setback and 75'-250' lakeshore setback, reflecting all changes on the property. Mrs. Kalweit commented the original decks and screen porch were built before the 0-75' setback regulations went into effect and were grandfathered in. Mrs. Kalweit indicated they are requesting an extension of one foot to the deck. Lindquist indicated the Planning Commission needs to have an updated survey of what is currently existing on the property before any action can be taken on this application. Berg commented the new survey should also include what is being proposed. Mrs. Kalweit indicated they have attempted to contact a surveyor but their phone calls were not returned until late afternoon today. There were no public comments. Lindquist moved, Berg seconded, to table Application #2405, George Kalweit, 4265 Forest Lake Drive to allow the Applicants time to submit an updated survey and new hardcover • numbers. VOTE: Ayes 6, Nays 0. (#13) #2406 GERALD AND SANDRA ERICKSON HAVING AN INTEREST IN 2683 CASCO POINT ROAD -VARIANCES, 9:43 p.m. -9:53 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Larson was present. Weinberger pointed out the name on the survey is incorrect and should read Gerald and Sandra Erickson. Weinberger stated the Applicants are proposing to remove the existing house and detached garage on the property to build a new residence with attached garage. The Applicants wish to keep the existing boat house with stairs along the lakeshore during construction, which requires a variance to allow an accessory structure to remain on the property without a principal structure. The Applicants are requesting 3,975 square feet or 29.5 percent of hardcover in the 75'-250' lakeshore setback and to exceed allowable structural coverage by 42.5 square feet. Staff recommends approval of the variance to allow for an accessory structure to remain on the property without a principal structure. Schroeder inquired why approval of the variance for the boathouse is being recommended. Weinberger stated the boat house is not in need of repair and is an asset to the property. • Van Zomeren stated the Applicant called City Offices this afternoon from Madison and indicated she Page 15 , ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • (#2406 GERALD ERICKSON, Continued) was in the process of straightening out the name on the survey. Chair Smith indicated she was comfortable with Staffs recommendations. Lindquist stated the proposed new structure could meet all the requirements for structural coverage and hardcover without the need for variances. Hawn agreed. There were no public comments. Larson indicated the plumbing fixtures in the boat house will be removed by the next meeting, and requested the Planning Commission consider hardcover in excess of 25 percent. Lindquist commented the hardcover limit should remain at 25 percent and would vote against any plan requesting hardcover in addition to the 25 percent limit. Chair Smith indicated the allowable hardcover in the 75'-250' setback is 25 percent. Hawn pointed out structural is 15 percent. Larson inquired whether a new plan should be submitted for consideration. Stoddard commented the revised plan could be submitted to the City Council. Schroeder moved, Stoddard seconded,to approve Application #2406, 2683 Casco Point Road, • granting of a variance to allow an accessory structure to remain on the property without a principal structure during the construction phase, removal of the existing residence and detached garage, with the newly constructed residence not to exceed 25 percent total hardcover in the 75'-250' setback or 15 percent total structure hardcover. VOTE: Ayes 6, Nays 0. (#14) 2407 LANE AND KELLY MOORE, 3438 LIVINGSTON AVENUE -VARIANCES, 9:53 p.m. - 9:58 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Moore were present. Weinberger remarked the Applicants are proposing to construct a 16' x 22' garage three feet from the lot line which would require a variance to the side yard setback for an accessory structure where the required minimum is 10 feet. The proposed location is necessary in order for the Applicants to meet the total hardcover limit of 35 percent. Staff recommends approval of the application. Stoddard inquired whether the Applicants still intended to remove a planter in order to reduce the hardcover. Mr. Moore indicated yes, they were. • Stoddard indicated he would not be opposed to leaving the planter there. Page 16 I I I . ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2407 LANE MOORE, Continued) ) Lindquist noted the Applicants were just requesting a variance to the side yard setback and not to hardcover. Mrs. Moore stated they will be removing an existing shed and share the driveway with the neighbor to the front. Weinberger indicated the size of the planter is 88 square feet. There were no public comments. Stoddard moved, Schroeder seconded,to approve Application #2407, 3438 Livingston Avenue,the granting of a variance to the side yard setback requirements to allow construction of a 16' x 22' garage located three feet from the side lot line and to permit the 88 square foot planter currently existing on the property. VOTE: Ayes 6, Nays 0. (#15)#2409 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE -VARIANCE, 9:58 p.m. - 10:02 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Tuttle were present. Weinberger remarked the Applicants are proposing to construct a 12'x 24' shed to provide winter • storage for lawn furniture and other equipment. The property contains a wetland located at the back portion of the property which restricts the Applicants from building on that part of the lot. The house is constructed without a basement due to the high water level which leaves the residence without adequate storage on the property. Weinberger stated present hardcover in the 75'-250' lakeshore setback is 45.6 percent and this application proposes to increase hardcover to 46.4 percent. Staff recommends approval based on the existing hardship. There were no public comments. Chair Smith inquired why the Applicants didn't add on to the existing garage. Mrs. Tuttle indicated they had the understanding they were prohibited from doing so. Stoddard moved, Hawn seconded, to approve Application #2409, 1225 Shoreline Drive, granting of a variance to hardcover in the 75'-250' lakeshore setback to allow the construction of a 12' x 14' shed. VOTE: Ayes 6, Nays 0. (#16)#2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD -VARIANCES, 10:03 p.m. - 10:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. • Mr. Boynton was present. Page 17 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (#2410 PETER BOYNTON, Continued) Van Zomeren stated the Applicants are requesting variances for street, hardcover and average lakeshore setback. A conditional use permit is also required because the Applicant is proposing to significantly change the grade in the 0-75' setback, which was originally not requested by the Applicant nor included in the legal notification. There are multiple issues with this application that still need to be addressed before any recommendation can be made by City Staff. Boynton stated originally the house was built as a cottage back in 1920, has a hand dug basement, and needs to be torn down. The request for variances to setback are being sought because the house cannot be built without them. Boynton requested the Planning Commission give guidance on what hardcover and setbacks would be acceptable. Schroeder inquired if the house was torn down and a new structure built, how would the application be handled. Van Zomeren stated if the house is reconstructed, the lot would be treated as a vacant lot and would need to meet all the requirements for that lot. Schroeder suggested the Applicant design a house that conforms to all the variances. Boynton stated in his opinion the land is unbuildable without variances. Stoddard stated he would like a footprint for the house that doesn't call for variances. Boynton commented he could possibly utilize the existing foundation, noting in 1978 an addition to • the house was constructed with a good foundation, which comprises approximately one-third of the foundation. Gaffron stated once a house is torn down, any grandfather rights are forfeited. Chair Smith questioned whether the Planning Commission could act on this application at the present time. Van Zomeren remarked typically the Planning Commission does not approve of grading in the 0-75' setback with no additional structure in the 0-75'setback. Chair Smith asked for public comment on this application. Cathy Lee, 1965 Fagerness Point Road, stated she was under the impression the house has to be moved back, noting she would prefer the house on the existing footprint to keep the house in line with the rest of the houses on the road. Van Zomeren commented Staff needs more information on the adjoining properties as well as a new survey which outlines the proposed structure and hardcover. Lindquist suggested the Applicant try to limit the house to 1,500 square feet and 25 percent total hardcover. Cathy Lee remarked the area is on a pennisula and moving the house back would not affect drainage into the lake. • Lindquist moved, Smith seconded, to table Application #2410, 1973 Fagerness Point Road, to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. Page 18 r a 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 • ZONING AMENDMENT (#17) CITY OF ORONO, INTERIM USE ORDINANCE,ZONING CODE AMENDMENT, RE: THE ESTABLISHMENT OF STANDARDS FOR TEMPORARY USES Chair Smith stated the Planning Commission is reviewing a proposed interim use ordinance that was discussed last week in a work session. Gaffron commented a public hearing has been scheduled on this ordinance. After a discussion with Tom Barrett, City Attorney, he recommended the ordinance be redrafted to include as a requirement a list of possible interim uses to respond to an unlimited range of potentially unfriendly uses. Hawn suggested the interim use ordinance be confined to a specific geographical area. Gaffron reported Barrett thought that was a good idea, noting that development of the Highway 12 corridor has brought this ordinance about. Chair Smith opened the matter up for public comment. Schroeder questioned the need for such an ordinance and whether the property owner could conduct an interim use on his property through some other means. Gaffron stated any interim use needs to go through the conditional use permit process. • Chair Smith questioned whether the need to develop a list was necessary. Lindquist commented he could live with the ordinance as presently drafted without a list. Hawn stated she would like the ordinance to be confined to a specific geographical area to limit the impact on residential areas, noting the City Council has the ability to say yes or no to the interim use. Lindquist suggested limiting it to the Highway 12 corridor. Gaffron remarked he will redraft the proposed interim use ordinance without a list and limit it to the Highway 12 corridor. Lindquist moved, Smith seconded, to accept the Interim Use Ordinance subject to the incorporation of language limiting interim uses to the Highway 12 industrial corridor. VOTE: Ayes 6, Nays 0. (#18) CITY OF ORONO, INDUSTRIAL DISTRICT,ZONING CODE AMENDMENT, TO REVISE THE USE LIST Chair Smith noted this item was also discussed at the August 14th work session where it was decided not to pursue revision of the use list. Mayor Jabbour had indicated there was not a consensus among the City Council on how to proceed on this matter. Lindquist inquired when the moratorium expires. • Van Zomeren stated the moratorium expires around September 13. Page 19 , r • ORONO PLANNING COMMISSION MEETING MINUTES FOR AUGUST 17, 1998 (CITY OF ORONO, INDUSTRIAL DISTRICT, Continued) Lindquist stated he was not ready to act on the zoning code amendment tonight. Stoddard recommended tabling the item. Chair Smith asked for public comments. Chuck, Representative of Flamingo Wire, stated he has gone through the proposed changes. Chair Smith indicated the City is interested in helping out businesses in that area and should meet jointly with the City Council. Hawn moved, Lindquist seconded, to table the item to a joint work session with the City Administrator, City Staff, City Council, and Planning Commission. VOTE: Ayes 6, Nays 0. PLANNING COMMISSION COMMENTS (#19) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JULY 27, 1998 AND AUGUST 10, 1998 Lindquist stated he had nothing to report from the July 27, 1998 meeting. Hawn stated she had nothing to report from the August 10, 1998 meeting. 41110 (#20) OTHER ISSUES FOR DISCUSSION None (#21) PLANNING COMMISSION APPROVAL OF MINUTES FOR JULY 20, 1998 Lindquist moved, Schroeder seconded, to approve the minutes of the July 20, 1998 Planning Commission meeting as submitted. VOTE: Ayes 6, Nays 0. (#22) SELECTION OF REPRESENTATIVES OF CITY COUNCIL MEETINGS ON AUGUST 24, 1998 AND SEPTEMBER 14, 1998 August 24- Smith September 14 - Berg ADJOURNMENT Stoddard moved, Lindquist sec ded, to adjourn at 11:22 p.m. VOTE: Ayes 6, Nays 0. Sandra Smith, Chair Person 4110 Page 20