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HomeMy WebLinkAbout10-19-1998 Planning Commission Minutes ' • 11', ORONO PLANNING COMMISSION Monday, October 19, 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. Commissioner Charles Schroeder arrived at 6:45 p.m., and Commissions Janice Berg and Lili McMillan were 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 6:31 p.m. RENEWALS AND AMENDMENTS: PUBLIC HEARINGS (#1) #2421 JOANN JUNDT, 1400 BRACKETS POINT ROAD -VARIANCE RENEWAL, 6:32 p.m. - 6:34 p.m. There were no public comments. Lindquist moved, Stoddard seconded,to approve Application #2421, 1400 Bracketts Point • Road, renewal of setback and hardcover variances per the findings and conditions of Resolutions #3786 and #3986. VOTE: Ayes 4, Nays 0. (#2) #2431 ROGER OLSEN, 815 PARTENWOOD -VARIANCE RENEWAL, 6:34 p.m. -6:36 p.m. There were no public comments. Lindquist moved, Hawn seconded,to approve Application #2431, 815 Partenwood, renewal of variances for lakeshore setback and hardcover in the 0-75' setback per the findings and conditions of Resolution #4004. VOTE: Ayes 4, Nays 0. (#3) 2434 CAROL OLSON, KID'S ART SCHOOL, 2180 NORTH SHORE DRIVE -CUP AMENDMENT, 6:36 p.m. -6:40 p.m. Carol Olson was present. Van Zomeren stated the Applicant is requesting an amendment to the conditional use permit to allow a tipi to be located on the property for educational purposes, which is considered to be an accessory use to the art school. Lindquist inquired whether the Applicant had any concerns with City Staff's recommendations. Olson stated she was fine with the recommended conditions. 1111 There were no public comments. Page 1 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2434 Carol Olson, Kid's Art School, continued) Van Zomeren commented to the Planning Commission that a $250 fee was charged for this application, because there is not a reduced fee schedule for conditional use permit amendments. Stoddard recommended adding the condition that the City is not liable for the construction or use of the tipi since it may not be covered under the City's Building Codes. Van Zomeren stated she will discuss the construction of the tipi with the building inspector. Hawn moved, Lindquist seconded,to approve Application #2434, 2180 North Shore Drive, amending the conditional use permit permitting the erection of a tipi in the area designated per Staffs drawing, with the recommendation that the$250 fee be waived. Olson indicated she was fine with the motion. Van Zomeren stated the building permit is based on the value of the structure, and will discuss the fee with the building inspector. VOTE: Ayes 4, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#5) #2399 MURIEL SENN, 4448 NORTH SHORE DRIVE -VARIANCES, 6:40 p.m. -6:41 p.m. • The Applicant was not present. Van Zomeren stated the Applicant has indicated she will be revising her drawing plans and requested the matter be tabled. Staff will send out the appropriate letter to extend the 60 day time period. Hawn moved, Lindquist seconded, to table Application #2399, 4448 North Shore Drive, per the Applicant's request. VOTE: Ayes 4, Nays 0. (#6) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD -VARIANCES, 6:42 p.m. -7:15 p.m. Peter Boynton was present. Van Zomeren presented the Planning Commission with photographs of the existing structure. Van Zomeren stated this application was before the Planning Commission in August where it was tabled to allow the Applicant time to submit revised plans. The Applicant is now proposing to build a new house and garage in the same location as the existing house and garage. The building inspector has reviewed the property and has determined that the structure is not structurally suitable for repair and remodeling. Van Zomeren commented the property is located in the LR-1 C district, which has a minimum lot size of one-half acre, and is comprised of .237 acres. The Applicant is requesting a variance to the lakeshore setback, a variance to the average lakeshore setback, a side yard variance to locate the garage five feet from the west property line, a variance to the street yard setback, variances to • Page 2 - , ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2410 Peter Boynton, continued) hardcover in the 0-75' setback and 75-250'setback, a variance to the structural lot coverage, and a height variance. A conditional use permit is also required to allow for any grading in the 0-75' setback. Van Zomeren stated the proposed hardcover in the 0-75'setback is 1,054 square feet or 17.9 percent where 1,258 square feet is currently existing. The revised plan is also proposing hardcover of 29.64 percent where 32.9 percent is currently existing. This application should be treated as a complete tear down and should meet all required code provisions. Van Zomeren noted the Applicant was advised at the previous meeting to limit structural coverage to 1,500 square feet and to minimize the need for setback variances, which the proposed plan does not comply with. Chair Smith inquired whether the new plan is proposing to go up with the new structure. Van Zomeren replied the proposed structure does exceed the standard height requirements. Boynton stated they are attempting to design something that will fit over the old building pad. Boynton commented the existing foundation is not suitable and the house is deteriorating. Boynton's builder stated the street is lower than the existing residence. Schroeder inquired when the property was purchased. • Boynton stated they purchased the property three years ago with the intention of remodeling the existing structure. Van Zomeren stated the Applicant has discussed the height of the proposed structure with Staff which requires a variance to the height requirement. Boynton stated the proposed structure is 30 feet higher than the road without the ten feet credit for the elevation of the street. Lindquist stated he does not have a problem with the height of the structure, but noted the proposed structure should comply with the structural coverage limit. Boynton stated they are attempting to utilize the same building pad because a neighbor had expressed concerns about the house being located further back. Chair Smith inquired whether there were any public comments concerning this application. Boynton commented they are attempting to comply with the requirements as much as possible. Chair Smith stated some variances will be needed, noting the structure could be constructed to lessen some of the variances. Tom Mortenson, 1971 Fagerness Point Road, stated he has spoken with Mr. Boynton about the proposed structure. Mortenson commented he has a problem with the height of the structure, noting the Applicant is proposing to construct a 40 foot wall six feet from the lot line which will block his view considerably. • Page 3 I 7 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2410 Peter Boynton, continued) Van Zomeren stated the elevation height at the peak of the house is 985 feet. Boynton remarked if the house is built further back, it will require more excavation. Chair Smith commented if the structure is moved back, it will eliminate some of the variances for the setbacks. Mortenson stated if the house is moved further back, he will not have a problem with the height of the structure. Kathy Lee, neighbor, stated she is not opposed to moving the structure further back. Van Zomeren commented she was unsure whether the present garage foundation was adequate to build on. Boynton stated he is agreeable to moving the structure back. Hawn stated she would not be in favor of granting a variance to the structural coverage. Lindquist commented the height and structural coverage of the building need to be addressed further. Stoddard stated he was in agreement that the structural coverage and height of the building should Sbe addressed. Chair Smith recommended tabling the application to allow the Applicant time to submit revised plans. Schroeder stated structural coverage should be limited to the allowable limit. Lindquist moved, Hawn seconded, to table Application #2410, 1973 Fagerness Point Road, to allow the Applicant time to submit revised plans. VOTE: Ayes 5, Nays 0. Hawn thanked the adjoining property owners for attending tonight's meeting and giving their input on this application. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#8) #2425 REBERS CONSTRUCTION, 2190 WEST WAYZATA BOULEVARD -SUBDIVISION RENEWAL, 7:17 p.m. -7:40 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Sidney Rebers was present. Gaffron stated this application is for renewal of approval granted in 1997 for the conversion of Outlot E, Sugar Woods, be converted to buildable lot status to enable commercial development of the property. This property was originally platted and approved in 1989, which allowed the Rebers to • postpone dedication of a specific service road corridor through Outlot F until Outlot F was further Page 4 r r ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2425 Rebers Construction, continued) divided. That 1989 plat approval further required that future development of Outlots E and F be accessed by the service road rather than directly to Highway 12. The 1997 approval allowed the actual construction of the service road to be delayed, although Lot 1 will bear the costs of the frontage road adjacent to Lot 1, with the property owner retaining the right to contest the necessity and feasibility of such a road at the time it is proposed. Gaffron noted the preliminary approval is to expire October 13, 1998, and the Applicant is requesting a renewal of the preliminary subdivision with no proposed changes. Resolution No. 3972 contains a number of findings regarding this subdivision which support the final conditions of approval. Gaffron stated no park fee was paid for Outlots E and F in the original platting of Sugar Woods, so a park fee is now due for the conversion of Outlot E to buildable lot status. Staff recommends renewal of the preliminary plat approval granted approximately one year ago, with no revisions or changes, subject to the resolution of a stormwater plan and an estimate of future road costs. Chair Smith inquired whether there were any public comments regarding this application. Lindquist noted this is basically a renewal of a previous application. Dick Schumer, 2106 Sugar Woods, inquired what is currently being proposed for an access road. Gaffron stated at this time neither the City nor property owners have any intent to construct a service road, but potentially a road could be constructed out to Brown Road. . Schumer inquired what the purpose of the frontage road would be. Gaffron stated the creation of a service road north of Highway 12 connecting Willow Drive and Brown Road is outlined in Orono's 1987-88 Comprehensive Plan, which will limit access to controlled intersections. Gaffron stated the City would like to leave the option open to construct the road if it should become necessary. Carl Berg stated he is purchasing one of the homes in the subdivision and raised concerns about the fact that some homes are not currently occupied and that this is not a true representation of the people who will be affected in the future by the creation of the road. Berg commented he has reviewed a study which indicates that Brown Road and Highway 12 will experience less traffic volume after the Highway 12 improvement. Berg remarked that the creation of this service road could also negatively impact the value of these homes. Chair Smith remarked that it is the City's philosophy to plan for the future as much as possible but it would be impossible to address this issue fully at tonight's meeting. Schroeder commented it will probably be a long time before this road is constructed. Lindquist noted there is no intention at this time to construct the service road at this location. Gaffron noted there will be future public hearings if the service road is ever proposed. Stoddard moved, Schroeder seconded,to approve Application #2425, 2190 West Wayzata • Boulevard, Renewal of Preliminary Subdivision Approval -Conversion from Outlot to Lot Status -Outlot E, Sugar Woods. VOTE: Ayes 5, Nays 0. Page 5 , ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#9) #2426 GEORGE STICKNEY, VICINITY OF 450 WILLOW DRIVE SOUTH and 2340 FOX STREET-SUBDIVISION, 7:43 p.m. -7:48 p.m. The Certificate of Mailing and Affidavit of Publication were noted. George Stickney was present. Van Zomeren stated the Applicant is proposing to subdivide a 6 2/3 acre parcel into two zoning lots. Lot 1 would consist of 4.02 acres and Lot 2 would consist of 2.57 acres which meet the minimum lot width and lot area requirements. Van Zomeren stated this property lies within the RR-1 B zoning district which requires that all lots have a two acre minimum and have two suitable sites for septic. Van Zomeren commented Steve Weckman has reviewed the site and expressed concerns about the septic site on Lot 2, but other sites might be available. Two suitable septic sites are available on the north lot. Van Zomeren stated access to the sites needs to be reviewed as well as plans for drainage. This application has been sent to the Hennepin County Assessor to determine a park dedication fee. Staff recommends approval subject to final approval of the septic plan. Stickney stated it is his intention to live on the four acre parcel, noting there are three suitable septic sites available on that lot. There were no public comments. Lindquist indicated he was in favor of the application. Lindquist moved, Hawn seconded,to approve Application #2426, Vicinity of 450 Willow Drive South and 2340 Fox Street-Subdivision, subject to the conditions outlined in the October 15, 1998 Planner's Report. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#14) #2427 KENTON AND DIANE CARLSON, 3498 NORTH SHORE DRIVE -VARIANCE, 7:59 p.m. -8:03 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Kenton and Diane Carlson were present. Van Zomeren stated this application is dealing with after-the-fact variances for a porch that was added to the south side of the house that was not part of the original structure that was damaged by the early summer storms. An after-the-fact side yard variance is needed to allow the porch to be located 3.2 feet from the east property line. An after-the-fact variance to the structural lot coverage is also needed to allow an additional 159 square feet to be added as structural coverage. Currently with the porch there is 26.25 percent structural lot coverage. Hardcover in the 75-250 setback has increased from 36.16 • percent to 37.43 percent, which requires an after-the-fact variance. Page 6 1 I ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2427 Kenton and Diane Carlson, Continued) Van Zomeren commented the drawing shows 3/4'stone along Baldur Park Road and in the yard between the house and north property line. Currently a boat is stored on the rock. Staff is recommending that this area be regarded as hardcover but not included in the hardcover survey. Staff is recommending that this stone or rock be replaced with sod and landscaping. Staff is also recommending approval of the after-the-fact variances for structural lot coverage, side yard setback, and hardcover, with the condition that no further variances for hardcover and structural coverage be granted. Carlson stated he intends to sell the boat or house the boat indoors. Chair Smith suggested the Applicant seriously consider adding sod to that area. Carlson commented he could put in a decorative garden in that area. There were no public comments. Chair Smith stated the Planning Commission will give the Applicant a reasonable amount of time in which to remove the boat. Lindquist suggested by June 1, 1999, the Applicant have grass in the area and the rock removed. Chair Smith suggested the boat be removed within 60 days. Smith inquired whether hardcover for this lot should be reduced. Van Zomeren recommended no new hardcover or structural coverage be allowed on the property. Stoddard moved, Smith seconded, to approve Application #2427, 3498 North Shore Drive, granting of after-the-fact variances for side yard setback, hardcover, and structural coverage, subject to removal of the boat within 60 days of today's date, and further subject to the condition that the rock be removed and sod be placed in the area where the boat is currently stored, and further subject to the stipulation that no new hardcover or structural structure will be allowed on this property in the future. VOTE: Ayes 5, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#4) #2395 BRENT BENTROTT, 1453 PARK DRIVE -VARIANCES AND CONDITIONAL USE PERMIT, 8:04 p.m. -8:54 p.m. Mr. and Mrs. Brent Bentrott were present. Van Zomeren stated the Applicants have appeared at the July 20th and August 17th Planning Commission meeting requesting hardcover variances, a 10 foot vacation of Bluff Street, and side yard adjacent to street setback variances. Van Zomeren commented the Applicants have submitted a new plan which requires a side yard adjacent to street variance to allow a new deck and porch to be located one foot from the property line, as well as a side yard adjacent to street variance to allow a new garage to be located eight feet • from the property line where 35 feet is required. A variance to hardcover is also required in the 75-250' setback to allow 35.32 percent hardcover. Page 7 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2395 Brent Bentrott, continued) Van Zomeren stated a conditional use permit is also required to alter land and grade within five feet of the property line which will require proper notification to the adjoining property owners. Bentrott commented his architect has reviewed Kellogg's letter and responded to the concerns. Bentrott stated they are contemplating planting hostas and other green cover along the bank to avoid the necessity for mowing. Mrs. Bentrott commented they have planted hostas previously along an existing bank. Bentrott stated they could also consider constructing a retaining wall or move the fill somewhat. Chair Smith inquired whether the water drainage issues concerning the adjoining properties have been adequately addressed. Bentrott stated their adjoining neighbor is in the process of remodeling as well. Lindquist stated a joint drainage and grading plan should be developed between the property owners to resolve any water runoff issues. Bentrott remarked he was unsure what Item No. 4 in Tom Kellogg's letter was referring to. Van Zomeren stated the language contained in Items 3 and 4 is standard language for a subdivision, and was not sure of Mr. Kellogg's intent by including that language in his letter. Bentrott commented he is frustrated by the continual requests by the Planning Commission at each meeting to change a different aspect of the plan, noting he requested at the last meeting to have the Planning Commission give better direction on what they would like to see changed in the plan. Van Zomeren stated Staff has received a letter from the Palms at 1447 Park Drive expressing their support of this application. Bentrott commented according to the building inspector, his present driveway is a hazard due to the necessity to back out onto the street. Hawn stated she has concerns about the amount of fill that will be necessary. Chair Smith stated the drainage issues still need to be addressed before this application could be approved. Stoddard stated he was okay with the three foot setback on the side for the proposed three season porch. Hawn commented that she knows the Applicant has appeared before the Planning Commission three times, noting there are substantial issues that need to be addressed with this application. Lindquist stated a definite plan for the grading and drainage needs to be submitted. Van Zomeren stated notification needs to be given to the adjoining property owners of the request for a conditional use permit for any grading within five feet of the property line, noting there was not sufficient time to give notice to the neighbors before tonight's meeting. Van Zomeren commented • the Applicants have been working closely with City Staff to get an acceptable plan together. Page 8 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2395 Brent Bentrott, continued) Chair Smith inquired when the Applicants were planning on commencing construction. Bentrott stated they had wanted a fall start date but have pushed it back to the spring. Chair Smith suggested putting this item on the November agenda to allow the Applicants time to submit a detailed drainage plan and less fill required. Bentrott inquired whether the Planning Commission could approve the application subject to the submittal of a drainage and grading plan. Schroeder stated an acceptable drainage plan needs to be submitted before approval can be given. Van Zomeren stated the steepness of the driveway also should be addressed. Stoddard suggested approving the side yard and hardcover variances subject to the submittal and approval by City Staff of a grading and drainage plan. Lindquist inquired whether the Planning Commission was in favor granting the variances. It was the concensus of the Planning Commission that they might look favorably upon the variances subject to an acceptable grading and drainage plan. Schroeder moved to approve Application #2395, 1453 Park Drive, granting of variances to 411 side yard adjacent to street to allow a new deck and porch to be located one foot from the property line, a side yard adjacent to street variance to allow a new garage to be located eight feet from the property line, a variance to the hardcover requirements in the 75-250' setback as outlined in the Planner's Report dated October 14, 1998, subject to the submittal and approval of a drainage and grading plan before commencement of construction. MOTION DIED DUE TO LACK OF A SECOND. Van Zomeren noted an extension will be required because the 60 days expires November 8th. Schroeder suggested tabling the item since notification has not been given for the conditional use permit. Schroeder withdrew his motion pending submittal of a grading and drainage plan. Van Zomeren stated the variances are part of the old application. Schroeder suggested submitting a new application for the variances as well as inclusion of the request for a conditional use permit. Chair Smith stated it was the concensus of the Planning Commission that the variances will be approved subject to the submittal of an acceptable drainage and grading plan. Smith moved, Schroeder seconded, to table Application #2395, 1453 Park Drive,to allow the Applicants time to submit a drainage and grading plan. VOTE: Ayes 5, Nays 0. (#7) #2413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE -VARIANCES, 8:55 p.m. - 9:05 p.m. Paul and Megan Bennett were present. Page 9 t ' r ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2413 Paul and Megan Bennett, continued) Weinberger stated this item was before the Planning Commission at the September meeting where it was tabled to allow the Applicant time to pursue possible purchase of an adjacent tax forfeited lot. The Applicants are proposing to construct a 20' by 24'garage with second floor living space to the existing residence which requires variances to the side yard adjacent to street setback requirements, side yard setback requirements, rear yard setback requirements, and a variance to the structural coverage. Weinberger noted in 1991, the City Council adopted Resolution No. 2982 to permit the construction of a deck by the previous owner with the advisement that future proposals to increase lot coverage by structure on this property would not be looked upon favorably by the City Council. Weinberger stated without the adjoining lot the hardcover would be at 31 percent and with the adjacent lot it would be 14.4 percent. Bennett commented he is willing to purchase the tax forfeited lot but would like to negotiate on the special assessment for the sewer. Chair Smith stated the Planning Commission does not have the authority to waive special assessments and it would need to be brought before the City Council. Lindquist commented he would approve the application if the adjoining lot is purchased and would deny the application if the adjoining lot is not purchased. It was the concensus of the Planning Commission that the application be approved subject to the • purchase of the adjoining lot. There were no public comments. Smith moved, Schroeder seconded, to approve Application #2413, 500 Hanlon Avenue, as outlined in the October 15, 1998 Planner's Report, subject to the acquisition and legal combination with this property of the tax forfeited property. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS, CONTINUED (#10) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE -VARIANCE AND CONDITIONAL USE PERMIT, 9:08 p.m. -9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Paul Hanssen was present. Weinberger stated the Applicants are requesting a land alteration permit to replace a boathouse 15 feet from the lakeshore as well as replacement of a deck located on top of the boathouse that was damaged in a wind storm. The building official has reviewed the boathouse and has determined the boathouse to be in a deteriorating condition which was not the result of the wind storm. Weinberger remarked the Applicant has hired a structural engineer to review the boathouse and was advised that the front and back walls would need to be replaced as well as portions of the side • walls. The structure's foundation will also need to be replaced which will require a conditional use permit. Page 10 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2411 Paul Hanssen, continued) Staff is recommending the boathouse be treated as a new structure due to the major renovation work that needs to be completed. Staff is recommending denial of the request since the Zoning Code does not allow any structure within 75 feet of the lakeshore. Hanssen stated they have recently purchased the property with the intention of maintaining the boathouse, noting the boathouse is an attractive feature of the property. Hanssen presented the Planning Commission with three letters from the adjoining neighbors expressing their support of allowing the boathouse to remain. There were no public comments. Hawn commented she was not anxious to allow structures along the lakeshore, but stated the Applicant should have the right to rebuild since the structure was pre-existing. Chair Smith noted the structure was already in disrepair at the time of the purchase of the property. Weinberger noted the boathouse was not damaged by the storm but has deteriorated over the years. Stoddard stated he is in favor of the application. Schroeder inquired whether improvements to this structure could be made since the improvements may exceed the 50 percent limit allowed for under the ordinance, and recommended the application be denied. Lindquist stated if the improvement costs exceed 50 percent of the fair market value, then the • application should be denied. Weinberger stated more information should be obtained on the fair market value. Schroeder commented it is his understanding the value of the structure is what it was in 1975 or 1976 when the ordinance was passed and the improvements cannot exceed 50 percent of that value. Hanssen stated when the property was purchased he knew the boathouse would need some work but thought the structure would last for another ten to fifteen years. Chair Smith stated the Planning Commission is not in a position to determine the value of the structure or the cost of the improvements. Weinberger commented a conditional use permit is needed to do the work around the foundation. Chair Smith suggested tabling the matter until further information can be gathered concerning the ordinance and the fair market value of the structure. Stoddard moved to approve Application #2411, 3195 Casco Circle, granting of a variance to the hardcover requirements in the 0-75' lakeshore setback, a variance to allow a boathouse to exist within 75' of the lakeshore, a variance from the side yard adjacent to street setbacks, and a conditional use permit to allow work on the foundation. MOTION DIED DUE TO LACK OF A SECOND. Lindquist moved, Smith seconded, to deny Application #2411, 3195 Casco Circle. • VOTE: Ayes 4, Nays 1, Stoddard opposed. Page 11 4 I ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2411 Paul Hanssen, continued) Chair Smith noted the value of the structure should be reviewed by the City Council. (#11) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD-VARIANCE, 9:28 p.m. -9:48 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Richard and Tanya Gay were present. Weinberger stated the Applicants are requesting to construct a six foot fence within the average lakeshore setback which exceeds the maximum three and a half foot height limit. The Applicant has stated the three and a half foot fence is not adequate to contain his two Russian Wolfhounds. City Staff is recommending denial of this application since fences are not allowed within 75 feet of the lakeshore. Richard Gay stated they have recently purchased the property and would like to erect a fence to house his dogs. Gay remarked he has spoken with the neighbors who are in favor of the fence, noting he is willing to plant additional landscape to provide more screening. Tanya Gay commented they currently have two Russian Wolfhounds, which are large dogs, and the fence is needed to prevent them from leaving the yard. Gay stated the dogs are capable of jumping over a three and a half foot fence which necessitated the need for the higher fence. Richard Gay stated he was not aware that he would need to obtain approval to construct a six foot fence at the time of the purchase and only became aware of that fact after the property was purchased. There were no public comments. Lindquist inquired whether invisible fencing could be utilized. Gay stated the invisible fencing would not deter the dogs. Lindquist stated he understands the desire for the fence, but he does not look favorably on fences within 75' of the lakeshore. Chair Smith agreed with Lindquist. Schroeder stated the hardship is not related to the topography of the land. Stoddard wondered whether all of the options have been pursued regarding this application. Chair Smith suggested that perhaps the fence could be removed when the property was sold. Gay indicated he would be in favor of removing the fence at the time of sale. Lindquist inquired whether the fence could be kept out of the front yard. Gay stated they are proposing to locate a portion of the fence in the front yard to permit access for the dogs into the house. • Page 12 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2422 Richard Gay, continued) Lindquist stated the Planning Commission needs to stay consistent with the ordinance. Chair Smith indicated the Planning Commission makes recommendations to the City Council and the Council has the option of approving or denying the application. Lindquist moved, Hawn seconded, to deny Application #2422, 2735 Shadywood Road. VOTE: Ayes 5, Nays 0. (#12) #2423 GARA GEHRING AND TOM TERRY, 340 LEAF STREET-VARIANCE, 9:48 p.m. - 9:52 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gara Gehring and Tom Terry were present. Weinberger stated the Applicants are proposing to construct a 70.8 square foot roofed entrance to serve the existing residence which requires a variance to the front yard setback. Staff recommends approval of the application. The Applicant had no comment. There were no public comments. • Schroeder moved, Smith seconded,to approve Application #2423, 340 Leaf Street, granting of a variance to the front yard setback per the recommendations contained in the October 5, 1998 Planner's Report. VOTE: Ayes 5, Nays 0. (Recess taken from 9:53 p.m. -10:01 p.m. (#13) #2424 GREG KLOHN, 4455 NORTH SHORE DRIVE -VARIANCE, 10:01 p.m. - 10:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Greg Klohn was present. Weinberger stated the Applicant is requesting an after-the-fact variance to complete a deck currently under construction on the back portion of the house. The deck would require a variance to the average lakeshore setback as well as a variance to the hardcover in the 250-500' lakeshore setback. The deck would add 136 square feet of hardcover in the 75-250' lakeshore setback, which would bring total hardcover to 35.1 percent where the allowable limit is 30 percent. Staff recommends approval of the application. Klohn stated the deck was damaged in the storm and he would like to replace what was damaged. Klohn inquired whether he would be allowed to replace the one stall garage located near the front lot line that was damaged during a storm. Weinberger stated the Planning Commission is not acting on that at this time. Page 13 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2424 Greg Klohn, continued) Hawn noted the Applicant needs to look at the overall structural coverage and determine what he wishes to construct on the property. Klohn stated he would like to construct a garage in the future. Chair Smith indicated the Planning Commission cannot act on the garage at this time. Lindquist recommended the Applicant look at the other options and the structural coverage requirements that are imposed on the property before construction of the deck is commenced. Chair Smith commented the Applicant may want to construct a garage rather than a deck and the small addition. Smith suggested the Applicant explore his options before proceeding further. Klohn indicated he had the understanding you could replace what was existing. Lindquist advised the Applicant that the whole picture needs to be considered. Klohn inquired whether a variance to increase hardcover could be considered at tonight's meeting. Chair Smith stated the application could be tabled to allow the Applicant time to review his options. Klohn indicated he would like to commence construction before winter. Chair Smith remarked the Applicant has the option of having the item tabled or having the Planning • Commission act on the application that is before them tonight. Klohn stated he would like the Planning Commission to act on the application tonight. There were no public comments. Schroeder moved, Lindquist seconded,to approve Application #2424, 4455 North Shore Drive, granting of a variance to the average lakeshore setback and a variance to the hardcover in the 250-500' lakeshore setback. VOTE: Ayes 5, Nays 0. (#15) #2428 TERRY MAURER ON BEHALF OF DAVID HARDTEN, 2515 KELLY AVENUE, VARIANCE, 10:18 p.m. - 10:53 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Terry Maurer and David Hardten were present. Weinberger stated the Applicants are proposing to remove the existing house and detached garage on the property to construct a new residence with attached garage. The Applicants would like to keep the existing boat house with stairs along the lakeshore during the construction period. Weinberger stated the application requires a variance to allow the accessory structure to remain on the property without a principal structure, a variance to the hardcover in the 0-75' lakeshore setback, a variance to hardcover in the 75-250' lakeshore setback, and a variance to hardcover in the • 250-500' lakeshore setback. Overall this application is proposing to reduce hardcover on the lot from 10,110 square feet to 9,361 square feet. Page 14 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2428 Terry Maurer, continued) Weinberger commented this property lies within the LR-1 B district, which has a minimum of one acre. This lot is pie shaped which creates a hardship for the lakeshore hardcover setbacks. Staff is recommending approval of this application. Maurer, Developer, stated they have explored several options in connection with construction of the new residence and have attempted to keep the proposed residence consistent with the other homes in the area. Lindquist inquired whether hardcover could be reduced to 25 percent in the 75-250'setback. Maurer pointed out that the residence shares a driveway. Hawn stated the Planning Commission likes to keep hardcover at 25 percent when a new residence is being built. Lindquist inquired whether the driveway could be reduced at all. Stoddard noted the garage is being removed and constructed in a different zone. Stoddard commented drainage is not a problem because the water drains into the wetland across the street. Stoddard suggested giving a credit for the shared driveway and the triangular lot. Schroeder indicated overall hardcover is being reduced by approximately 1,000 square feet. • Chair Smith stated she would like to have the hardcover numbers for each zone. Weinberger stated the survey did not contain the hardcover numbers for the old proposal, noting this should be treated as a vacant lot. Hardten commented this proposal is the best plan they could devise for this lot. Chair Smith commented she would like to see hardcover reduced to 25 percent. Hardten stated they are proposing to reduce the overall hardcover. Chair Smith noted the overall picture needs to be taken into account. Jeff Lambert, Attorney-at-law, stated no credit was being given for the shared driveway, which would amount to 800 square feet if the credit were given. Van Zomeren stated the neighbor needs access off of this driveway. Stoddard commented the unique shape of the property poses a hardship. Chair Smith inquired whether the size of the garage could be reduced at all. Maurer stated they are proposing to construct a 32' by 22'garage, which could be reduced somewhat. Lindquist stated the application should be limited to 25 percent hardcover on a new rebuilt. • Page 15 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2428 Terry Maurer, continued) Chair Smith inquired whether hardcover could be reduced to approximately 26.5 percent with the Applicants given credit for the shared driveway and triangular lot. Lindquist commented that the City Council may require the hardcover be limited to 25 percent regardless of what the Planning Commission recommends. Schroeder stated he recognizes this lot has a hardship due to the unique shape of the property, and would be willing to make a motion to approve this application. Hawn recommended the Applicant revise the plans to reduce hardcover to 26 percent before the City Council meeting. Lindquist moved to approve Application #2428, 2515 Kelly Avenue, as submitted. MOTION DIED DUE TO LACK OF SECOND. Chair Smith suggested the Applicant calculate how much the shared driveway accounts for. Van Zomeren stated two percent cannot be taken off by reducing the driveway alone, noting the garage could be reduced to help lower the hardcover numbers. Schroeder moved, Lindquist seconded,to approve Application #2428, 2515 Kelly Avenue, granting of a variance to hardcover in the 0-75' setback of 924 square feet, a variance to hardcover in the 75-250' setback of 27 percent, a variance to hardcover in the 250-500' setback to allow 33.2 percent hardcover due to the shared driveway and the • triangular shape of the lot which creates a hardship and a variance to allow an accessory structure to remain on the lot without a principal structure. VOTE: Ayes 5, Nays 0. Weinberger noted the exact hardcover numbers will be needed by Wednesday morning. (#16) #2429 JEFFREY BRAUCHLE AND ELISA SCHOONOVER, 650 NORTH ARM DRIVE - VARIANCES, 10:53 p.m. - 11:00 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Jeffrey Brauchle was present. Weinberger stated the Applicants are requesting several variances that would allow for the replacement of a deteriorating lakeside deck on their home. They are requesting to replace only the existing deck and do not plan to increase the size of the deck or encroach closer to the lake. Weinberger remarked variances to hardcover are needed as well as a variance to permit the reconstruction of a deck 63 feet from the lakeshore. Weinberger noted very little of the residence lies within the 75-250' setback. Staff recommends approval of the variances subject to removal of some plastic underlayment located under a layer of rock to allow for better water seepage into the ground. Brauchle stated he is agreeable to removing the plastic extending beyond the deck. • Lindquist stated he does not have a problem with this application as it is merely replacing what was Page 16 • ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2429 Jeffrey Brauchle, continued) damaged. There were no public comments. Lindquist moved, Hawn seconded, to approve Application #2429, 650 North Arm Drive, as outlined in the October 12, 1998 Planner's Report, subject to the removal of the plastic underlayment. VOTE: Ayes 5, Nays 0. (#17) #2432 GREENFIELD CORPORATION,4755/4775 BAYSIDE ROAD - EASEMENT/SUBDIVISION, 11:01 p.m. -11:12 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Laurie Lundeen, Greenfield Corporation, and Jim DeBerg were present. Van Zomeren stated the Applicants have sold Lot 1 and have granted a 20 foot private driveway easement over Lot 3 to provide access. The private driveway easement is not in compliance with the resolution that required access to Lot 1 be via Outlot A. Van Zomeren commented that driveway easements tend to cause confusion as to ownership and rights as well as issues surrounding location of garbage cans, mailboxes, landscaping, mowing, and maintenance, and Staff would prefer that driveway easements not be utilized if at all possible. In order for this easement to be recognized by the City, the City Council would need to retract that portion of the resolution dealing with the location of the driveway. • De Berg stated the outlot is currently being used for access. Lundeen stated there was a private driveway easement granted. Van Zomeren remarked there was a resolution signed by the City Council which specified how access to these lots was to be provided, and this private easement represents a change to that resolution. DeBerg commented the outlot still provides the access. Hawn stated the parties need to follow the conditions outlined in the resolution. Van Zomeren stated before access was determined, there should have been a review done of the available building pads. Lindquist inquired whether they could do a lot line rearrangement. Chair Smith inquired whether the Applicants wanted the Planning Commission to act on this matter tonight. DeBerg requested the Planning Commission act on the application. There were no public comments. S Schroeder moved, Smith seconded, to deny Application #2432, 4755/4775 Bayside Road, based upon Resolution No. 3750. VOTE: Ayes 5, Nays 0. Page 17 } 1 ' ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#18) #2433 DORIE FINN, 1640 SHADYWOOD ROAD-VARIANCE, 11:13 p.m. - 11:20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Dorie Finn was present. Weinberger stated the Applicant has applied for several variances to allow replacement of a first-story deck, second story deck, and stairway. The City Building Inspector has determined that the amount of replacement has exceeded the amount of damage, with no building permit being on file for the first floor deck. Weinberger stated parts of the railing were replaced as well as some beams that were not damaged as a result of the storm. The City Attorney has determined that the property owner has a right to replace what was damaged. This application is dealing only with the first-story deck and stairway to the second story deck, which has been determined not to have been damaged in this storm. Weinberger stated this structure was considered as a legally non-conforming duplex for a number of years, but according to the Applicant, this structure is no longer being utilized for that purpose and is now a single family residence. Finn stated she would like to repair the deck due to safety concerns. Chair Smith inquired whether the size of the deck has increased at all. Weinberger stated the size of the deck has remained the same. Schroeder inquired whether these are after-the-fact variances. • Weinberger stated they were, although most of the materials used to replace the deck were from the 9 Y 9 P existing deck. However, the stairway has not been replaced. Schroeder moved, Hawn seconded, to approve Application #2433, 1640 Shadywood Road, granting of after-the-fact variances to repair the first story, second story, and stairway in the same size as they existed prior to the storm damage. VOTE: Ayes 5, Nays 0. SKETCH PLAN REVIEW (#19) #2430 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH -SKETCH PLAN REVIEW, 11:21 p.m. -11:25 p.m. Paul Phillips was present. Van Zomeren stated this property is located in the RR-1 B district, which has a minimum of two acres. This lot is comprised of 4.5 acres. The Applicant is proposing to subdivide the 4.5 acre parcel into two lots, with the front lot being two acres and the back lot with an existing residence proposed to be 2.5 acres. Van Zomeren remarked the City Council approved a lot line rearrangement in May, 1994, to change the east property line of this parcel to provide a septic site for the adjacent parcel. Van Zomeren stated in January, 1994, the ordinance regarding back lot/front lot requirements was • adopted, and the lot with the residence located on it becomes the back lot. Under the current Page 18 t 1 ` 4 ORONO PLANNING COMMISSION MONDAY,OCTOBER 19, 1998 (#2430 Paul Phillips, continued) proposal, access needs to be further addressed. Utility and drainage easements will need to be granted. Phillips stated the property was platted in 1986, with the intention of the 4.5 acre parcel being subdivided into two lots. Phillips stated he was required to provide access from Lot 4 to Lot 3, but until recently he was unaware of the back lot/front lot requirements. Phillips inquired whether it would be possible to grandfather the property. Schroeder stated since the land was never platted as two lots, it was doubtful whether it could be grandfathered. Weinberger suggested access could be gained off of County Road 6. Van Zomeren stated the County will probably not allow another access off of County Road 6. Lindquist recommended denying the application and putting it on the City Council agenda. Schroeder moved, Smith seconded,to deny Application #2430, 2140 Sixth Avenue North, due to issues dealing with front lot/back lot requirements. NO VOTE TAKEN. Chair Smith remarked the Applicant will need to address the front lot/back lot requirements if he wants the City Council to approve this application. • (#20) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON SEPTEMBER 28, 1998 AND OCTOBER 12, 1998 Janice Berg attended the September 28, 1998 City Council meeting but was absent from tonight's meeting. There was no report on the October 12, 1998 City Council meeting. (#21) OTHER ISSUES FOR DISCUSSION None (#22) PLANNING COMMISSION APPROVAL OF MINUTES FOR SEPTEMBER 21, 1998 Schroeder moved, Lindquist seconded,to approve the minutes of the September 21, 1998 Regular City Council meeting as submitted. VOTE: Ayes 5, Nays 0. (#23) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON OCTOBER 26, 1998 AND NOVEMBER 9, 1998 October 26, 1998- Hawn November 9, 1998 - Smith S Page 19 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 4110 (#24) ADJOURNMENT Schroeder moved, Lindquist seconded,to adjourn the meeting at 11:24 p.m. VOTE: Ayes 5, Nays 0. 'I I Sandra Smith, Chair • • Page 20