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HomeMy WebLinkAbout11-16-1998 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard, Elizabeth Hawn, Dale Lindquist, Janice Berg, Lili McMillan, and Charles Schroeder. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:33 p.m. RENEWAL: PUBLIC HEARING (#1) #2442 TONY AND DIANE EIDEN, 345 LEAF STREET, VARIANCE RENEWAL, 6:34 p.m. - 6:40 p.m. Diane Eiden was present. Van Zomeren stated the Applicants are requesting a renewal for a lot area variance for their property located at 345 Leaf Street. The previous resolution was adopted in July, 1997, and expired • on July 28, 1998. Van Zomeren stated the lot, comprised of 1.77 acres, does not meet the minimum two acre requirement. The existing structures are to be removed for new construction with no new changes being proposed. Staff recommends approval of this application. Diane Eiden stated they would like to renew this application. There were no public comments. Hawn moved, Smith seconded, to approve Application #2442, renewal of Resolution No. 3937 for property located at 345 Leaf Street. VOTE: Ayes 7, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#2) #2395 BRENT BENTROTT, 1453 PARK DRIVE, VARIANCES AND CONDITIONAL USE PERMIT, 6:40 p.m. - 7:12 p.m. Brent Bentrott was present. Van Zomeren stated the Applicant is requesting a conditional use permit to allow some grading and land alteration to occur within five feet of the property line and to allow 500 cubic yards of fill. The • Applicant has submitted a revised plan that shows a different driveway approach than what had been previously reviewed by the Planning Commission at the October meeting. The revised plan moves Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 (#2395 Brent Bentrott, continued) the curb cut to Bluff Street to provide a less steep landing area. Van Zomeren remarked that Tom Kellogg, City Engineer, has reviewed this property and has concerns regarding the negative impact the grading would have on the adjoining property as well as the need to relocate the curb cut on Bluff Street if that street is ever opened for public purpose. Van Zomeren stated the Planning Commission had recommended in July that Bluff Street not be vacated. The proposed driveway cannot be contained on the Applicant's property because of the existing topography and the need to provide a grade of ten percent or less for the driveway. Chair Smith stated to her recollection the reason the last plan submitted in October was not looked favorably upon was due to concerns regarding grading and drainage, and this newly revised plan seems to be similar to a previous plan that was submitted where the Applicant was advised that the Planning Commission would not look favorably upon a vacation to Bluff Street. Bentrott remarked this is a new plan that has not been submitted before. Chair Smith commented this plan appears to have a different degree of impact on Bluff, but it was the consensus of the Planning Commission a couple of months ago that they would not look favorably upon any plan that would impact Bluff Street. Van Zomeren stated that it was her understanding that Bluff Street currently contains a grade of 23 percent. • Bentrott stated he received Kellogg's letter on Thursday, noting that the proposed curb cut is 19 feet and not the 20 feet as stated in Kellogg's letter. Bentrott remarked the curb cut could be further reduced if necessary. Stoddard inquired whether the driveway could be completely located on the Applicant's property. Van Zomeren stated the driveway cannot be located entirely on the Applicant's property due to the topography that exists and the need to have a flat area to make the proper grade. Van Zomeren commented that the grade of the driveway was not known at the last meeting. Chair Smith inquired whether there were any public comments. There were no public comments. Chair Smith stated there has been some comments received from the adjoining neighbors Mark and Pam Palm. Van Zomeren remarked that City Staff has received some inquiries from the Palms regarding what is being proposed. The Palms are proposing to do some underpinning around the foundation of their house. The City Engineer has stated that grading cannot accurately occur up to the property line, and that some grading may occur on the neighbor's property. Chair Smith stated according to some comments contained in Van Zomeren's memorandum, the Palms have concerns about the drainage impact on their property. Smith inquired what the Palms exact concerns were regarding. • Van Zomeren stated the Palms have reviewed the proposed plan and called City Staff saying they Page 2 .1 �- ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2395 Brent Bentrott, continued) did not understand what exactly was being proposed, and they were advised that they needed to have an independent person review the plan on their behalf. Bentrott commented he has been speaking with the Palms about this project, noting that they have endorsed this project in the past. Van Zomeren stated that one issue is the fact that the curb cut and driveway does not meet City standards, and that the Public Service Director would not approve it as proposed. Schroeder commented he was not sure that the driveway could be designed to meet the appropriate standards. Chair Smith remarked she does not see many options available to the Applicant regarding his driveway. Bentrott stated that Gronberg has reviewed his property and suggested that the garage could be located three to four feet higher, which would require more fill and retaining walls. Van Zomeren commented that the City Engineer has not reviewed that option. Lindquist stated in his opinion that option will not be acceptable either. Bentrott stated he has taken photographs of the surrounding neighborhood depicting their driveways, noting that two of the existing driveways have steeper grades than what is being proposed here. • Chair Smith commented she was unsure what the Applicant was referring to, noting that the Planning Commission can only address what is before them with this application. Schroeder commented this is a hard lot to work with, but would not look favorably on a vacation of Bluff Street. Bentrott stated there is history that the City has vacated unopened, platted streets previously. Van Zomeren remarked that the vacation the Applicant is referring to occurred in the 1960s. Lindquist stated the Applicant can request the City Council to vacate Bluff Street. Chair Smith commented even if Bluff Street is vacated, there still are some drainage issues that would need to be addressed. Smith stated the Planning Commission is merely an advisory body to the City Council and they may choose to go a different route. Schroeder suggested the Planning Commission vote on this revised plan, noting that the only way this proposal will work is if Bluff Street is vacated. Schroeder commented the drainage issues with the adjoining property will still need to be addressed. Chair Smith stated the Planning Commission needs to get some direction from the City Council on Bluff Street, noting that the Planning Commission did not look favorably on vacating Bluff Street in the past. Lindquist stated he has a problem with the drainage, but this application needs to move forward. • Bentrott commented he would like the Planning Commission to act on this application. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 10 (#2395 Brent Bentrott, continued) Schroeder moved, Lindquist seconded, to deny Application #2395, 1453 Park Drive, for a conditional use permit due to concerns regarding the vacation of Bluff Street and Park Drive if future development should occur in that area and the potential drainage issues to the adjoining property. NO VOTE TAKEN. Van Zomeren noted this hearing is concerning the conditional use permit and that the variances had been addressed at the October meeting. Chair Smith commented that the variances were not voted on at the last meeting. Lindquist inquired whether the Applicant would like the Planning Commission to act on the variances at tonight's meeting. Bentrott stated he would. Van Zomeren commented that the hardcover figures are not available. Lindquist stated he would like the hardcover figures before voting on the variances. Schroeder noted this application will be appearing before the Planning Commission again. Chair Smith inquired whether this application could go before the City Council on the Bluff Street issue without the Planning Commission taking action on the variances. • Schroeder recommended that they vote on the motion that has been made, and inquired whether public notice needs to be given on the variances. Van Zomeren stated hardcover can be reduced but not increased. The amount of hardcover in the 75-250'setback is 1,036 square feet for the driveway and 572 square feet for the garage, noting the current hardcover without the driveway and garage is 2,303 square feet or 24 percent. The proposed changes to the house should not impact hardcover in the 75-250' setback. Council Member Goetten suggested that the Planning Commission make a full recommendation to the City Council regarding the vacation of Bluff Street and the variances. Schroeder moved to amend his motion to include denial of a Conditional Use Permit dealing with construction of the new garage due to concerns associated with the vacation of Bluff Street and the drainage impact on the neighborhooding property, and denial of variances for 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, and to approve that portion of Application #2395 for 1453 Park Drive granting of a variance to side yard adjacent to street to allow a new deck and porch to be located one foot from the property line. Lindquist seconded the amended motion. McMillan inquired whether the proposed driveway is located mainly in the right-of-way for Park Drive. Van Zomeren stated that a portion is in Bluff Street and a portion in Park Drive as well. VOTE ON AMENDED MOTION: Ayes 7, Nays 0. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • SCHEDULED PUBLIC HEARING (#6) #2430 PAUL PHILLIPS PROPOSES A TWO-LOT SUBDIVISION OF A 4.5 ACRE PARCEL LOCATED AT 2140 SIXTH AVENUE NORTH, 7:13 p.m. -7:35 p.m. The Applicant was present. Van Zomeren stated this application appeared before the Planning Commission at its October meeting as a sketch plan. The Applicant is proposing a subdivision of his homestead property which is situated on a 4.5 acre lot. The proposed division would create a new lot along Sixth Avenue North with each lot being comprised of 2.0 acres served by an outlot. There are primary and secondary septic sites for each parcel. Van Zomeren stated at the previous meeting there were concerns regarding front lot/back lot issues, but with the proposed plan, the property would have access from an outlot, which may eliminate the front lot/back lot concern. The subdivision ordinance requires that a separate outlot be platted to serve three lots. The outlot as platted does not include a cul-de-sac, which has been recommended by the City Engineer for emergency purposes. The Long Lake Fire Department has been sent a copy of the preliminary plat for review and comment. Paul Phillips stated he has no comments. There were no public comments. Chair Smith inquired whether the circle driveway could serve as a cul-de-sac and accommodate • emergency vehicles. Stoddard inquired what necessitates the need for a cul-de-sac. Van Zomeren stated three residences are needed for a cul-de-sac. Gaffron remarked that in a similar application on Watertown Road a cul-de-sac and 50 foot road was platted but not built. Lindquist commented that a lot of the cul-de-sacs do not get constructed. Lindquist inquired whether the Applicant has a problem with adding a cul-de-sac. Phillips stated he does not as long as he does not need to build it. Phillips remarked this driveway would only be serving two residences. Lindquist suggested the Applicant revise the plat to include the cul-de-sac. Van Zomeren stated the cul-de-sac may affect the building pad for one of the lots, noting that an independent surveyor will need to plat the cul-de-sac for the Applicant. Hawn commented that perhaps a cul-de-sac is called for. Phillips stated if the cul-de-sac is mandatory and land is taken from either one or both of the lots, the lots might then not meet the two acre minimum. Chair Smith commented that it appears the Planning Commission is saying that a cul-de-sac will • probably be necessary. Page 5 1 ' ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2430 Paul Phillips, continued) Lindquist inquired whether it was necessary per City codes. Van Zomeren stated if three residences will be accessing this driveway, a cul-de-sac will be necessary. Van Zomeren remarked that cul-de-sacs are platted at 50 feet and paved at 40 feet. Hawn stated that the curb cut off of County Road 6 is out of the question. Hawn noted that City codes requires cul-de-sacs in subdivisions. Van Zomeren remarked that Hennepin County would not allow access off of County Road 6. Chair Smith stated if approved, it would set a precedent. Lindquist stated he was in favor of the plan as presented without a cul-de-sac. Chair Smith inquired whether the cul-de-sac had to be 50 feet. Van Zomeren stated the cul-de-sac has to be platted at 50 feet. Chair Smith remarked that the Planning Commission needs to look at the future needs of this subdivision. Lindquist moved, Peterson seconded, to approve Application #2430, 2140 Sixth Avenue North, as submitted. NO VOTE TAKEN. • Lindquist stated the driveway is basically serving only two lots, noting that access cannot be gained off of County Road 6. McMillan inquired whether this would still be considered a front lot/back lot situation. Stoddard remarked he is in agreement with Lindquist. Van Zomeren stated with the outlot being platted, this lot would now have access and would not be considered a front lot/back lot situation. Van Zomeren stated the fire and police departments still need to review this plan. Lindquist moved, Peterson seconded, to approve Application #2430, 2140 Sixth Avenue North, as submitted. VOTE: Ayes 5, Nays 2, Hawn and Smith opposed. Hawn stated she voted nay on this motion because it might set a precedent by not requiring a platted cul-de-sac for this subdivision and in her opinion no hardship was demonstrated. Chair Smith agreed with Hawn. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#3) #2399 MURIEL SENN, 4448 NORTH SHORE DRIVE, VARIANCES, 7:36 p.m. -8:06 p.m. Muriel Senn was present. . Van Zomeren stated the Applicant is requesting multiple variances to add to an existing residence. This application has been postponed at prior meetings to allow the Applicant time to obtain an Page 6 51 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2399 Muriel Senn, continued) accurate survey and develop a plan that meets the zoning code regulations to the extent possible given the unusual shape of the lot and current conditions on the lot. Van Zomeren stated this lot lies within the LR-1 B zoning district, which has a minimum of one acre requirement, with this lot being comprised of.38 acres. The Applicant is requesting to construct a new garage and convert the existing garage into additional living space. Van Zomeren noted that the majority of this lot lies within the 0-75' setback. The proposed addition would be ten feet from the edge of the right-of-way and would require variances for lakeshore setback, sideyard setback, street yard setback, and hardcover in the 0-75' and 75'-250' setback, and structural lot coverage. This proposal would increase structural coverage from 11.62 percent to 15.88 percent. The Applicant is proposing to remove 285 square feet of paved driveway area, 75 square feet of patio blocks, and 32 square feet of the patio. Van Zomeren stated this revised plan is an improvement over the previously submitted plan. Chair Smith inquired whether there is already a garage on the property. Van Zomeren stated there is currently a one car garage and the new garage would be constructed over a portion of the paved driveway with the old garage being converted into living space. Van Zomeren commented that this residence does not have a basement or attic. • McMillan inquired whether the Applicant was proposing to construct a one or two stall garage. Senn stated the new garage would be a stall and a half, noting that the architect has suggested that the garage be constructed at an angle which would require that the driveway be widened slightly. Senn commented that she would be willing to remove a portion of the patio and the stepping stones in an effort to reduce hardcover. Senn remarked that she would like to keep the existing shed located on the property due to the fact that the residence has no basement and storage space is very limited. Chair Smith inquired whether there were any public comments. There were no public comments. Hawn commented that in her view hardcover is already high in the 75'-250'setback with the Applicant proposing to increase it to 52.5 percent. Hawn stated she would have a difficult time approving an increase to the hardcover in that setback, and suggested that the Applicant try to reduce hardcover somewhat. Hawn suggested that the structural coverage be limited to 15 percent. Van Zomeren stated to be at 15 percent hardcover, 147 square feet needs to be reduced. Lindquist stated he also has problems with the excessive hardcover. Chair Smith stated that the consensus of the Planning Commission is to hold to the existing hardcover with structural coverage being limited to 15 percent. Smith remarked that the Applicant will need to consider whether the existing shed should be removed or whether the garage should be • constructed in the same location as the existing garage. Page 7 i 1 A 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2399 Muriel Senn, continued) Smith suggested the application be tabled to allow the Applicant time to submit a revised plan. McMillan noted that most of the residence lies within the 75-250' setback and hardcover can only be reduced by a slight amount. McMillan stated the overall structural coverage is more important in her opinion. Van Zomeren stated the Applicant needs to stay 10 feet from the lot line. Stoddard inquired whether the Applicant had considered building up on the existing residence. Senn stated she would like to have a larger garage. Senn remarked she has had the architect look at this proposal three different times, the surveyor twice, and they were of the opinion that this new plan was feasible for this property. Chair Smith indicated that the Planning Commission has tried to provide further direction for the Applicant. Schroeder stated the Planning Commission could vote on this application tonight so it could proceed on to the City Council who would then make the final decision. Senn stated she would like the application to move forward without jeopardizing her application. Senn indicated she would like the application to go to the City Council. • Lindquist moved, Smith seconded, to deny Application #2399, 4448 North Shore Drive, as submitted, based upon the existing excessive hardcover in the 75'-250' setback as well as the proposed increase to the structural coverage above 15 percent. VOTE: Ayes 7, Nays 0. (#4) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD, VARIANCES AND CONDITIONAL USE PERMIT, 8:07 p.m. -8:09 p.m. Peter Boynton was not present. Chair Smith recommended this application be tabled. Van Zomeren stated the requested information has not been submitted, and a letter has been sent to the Applicant requesting that he waive the 60/120 day review period. There were no public comments. Hawn moved, McMillan seconded,to table Application #2410, 1973 Fagerness Point Road, to allow the Applicant time to submit the required information, and to waive the 60/120 day review period. VOTE: Ayes 7, Nays 0. (#5) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE, VARIANCES AND CONDITIONAL USE PERMIT, 8:09 p.m. -8:28 p.m. • Paul Hanssen was present. Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2411 Paul Hanssen, continued) Weinberger stated this application was before the Planning Commission in October where they had recommended 4-1 to deny this application. The City Council reviewed this application at their October 26, 1998 meeting and tabled the application to allow the Planning Commission to reconsider the application based on the finding that the ordinance should have considered the fair market value rather than the value of the structure at the time the zoning chapter was adopted. Tom Barrett, City Attorney, stated that Section 10.03(J) applies only to the use and not the location of a non-conforming structure. Weinberger stated the Applicant is requesting permission to repair an existing boathouse and deck located above the boathouse. The deck cannot be rebuilt without the necessary structural repairs to the boathouse to support the deck. The building inspector has determined that the boathouse was not damaged by the storm and is recommending not allowing the repairs to the deck due to the deteriorating condition of the boathouse. The Applicant has had a structural engineer review the existing condition of the structure and is recommending that the front and back walls be replaced along with portions of the side walls. The foundation is also in need of replacement. Weinberger stated he has contacted the City Attorney in an effort to get written documentation concerning how the zoning code should be applied to this application, and was verbally told that Section 10.03, Subd. 5(J) applies to uses only and the boathouse is not considered to be a use. Hanssen stated he would like his application approved. John Erickson, 1620 Shadywood, stated he was forced to remove his boathouse due to the • deteriorating condition and indicated he will sue if the City approves this application. Schroeder indicated he did not talk with the City Attorney personally and that this interpretation is inconsistent with what his understanding has been for boathouses. Weinberger stated that the City Attorney has determined that the section that applies is the section of the code that deals with non-conforming uses, noting that this structure was in existence prior to the ordinance and the property owner may have certain property rights. Schroeder indicated he would like the City Attorney to advise the Planning Commission personally or something in writing dealing directly with this application. Weinberger commented he would feel more comfortable if the City Attorney would comment on this application. Chair Smith stated she was in agreement and would like the City Attorney to comment on this application. Weinberger stated the City Attorney was uncomfortable about drafting a letter and having it interpreted as City policy when in fact it is an interpretation of the ordinance as it applies to this application. Lindquist remarked if the Planning Commission denies the application, the boathouse will need to be removed unless the City Attorney advises otherwise. • Schroeder stated the issue has to do with hardcover in the 0-75' setback, noting that the City's philosophy is to protect the lake by removing structures close to the lakeshore that are in disrepair. Page 9 , 1 • ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2411 Paul Hanssen, continued) Schroeder recommended tabling the application to allow the City Attorney time to comment. Chair Smith inquired whether there was any further public comment. There was no further public comment. Hawn apologized that the Applicant had to reappear before the Planning Commission, but stated that she would like to get legal counsel on this application. Chair Smith indicated the Planning Commission can either approve, deny, or table this application. Weinberger noted the 60 day period expires November 24th. Staff would request the Applicant agree to extend the 60 day period. Hanssen stated he would like the Planning Commission to proceed on this application. Stoddard inquired what the estimated cost of repairs are. Hanssen stated repairs are estimated at $10,000.00, and the City Assessor has indicated that the fair market value would be listed at $15,000.00. Hanssen indicated he had the understanding that the fair market value did not apply in this case. Schroeder moved, Lindquist seconded, to deny Application #2411, 3195 Casco Circle, due to the understanding that the boathouse/deck could not be rebuilt per City Ordinances. • VOTE: Ayes 7, Nays 0. (Schroeder leaves from 8:28 p.m. -8:32 p.m.) NEW BUSINESS: PUBLIC HEARINGS (#7) #2435 LUTZ CONSTRUCTION, 3433 LIVINGSTON, VARIANCES, 8:28 p.m. -8:32 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was not present. Weinberger stated the Applicant is proposing to construct a house with detached garage on a lot that does not meet lot area or lot width requirements with the intention of selling the house upon completion. The lot is currently served by sanitary sewer and has been vacant since the original house was removed in 1992. Staff recommends approval of a variance to lot area and lot width since the lot is served with sanitary sewer. There were no public comments. Stoddard moved, Smith seconded, to approve Application #2435, 3433 Livingston Avenue, as submitted. VOTE: Ayes 6, Nays 0. • Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 (#8) #2437 JEFF MARTINEAU, 2565 NORTH SHORE DRIVE, VARIANCES, 8:32 p.m. -8:45 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Jeff Martineau was present. Weinberger stated the Applicant is proposing to construct a 3' by 13' addition to the residence located within the 0-75' lakeshore setback which requires a variance to the average lakeshore setback and a variance to the allowed hardcover in the 0-75' lakeshore setback. The building inspector has determined that the existing wall is in poor condition and needs to be replaced. The Applicant is proposing to remove a portion of the lakeside deck and a patio to decrease hardcover. Staff recommends approval of the application. Martineau stated that the concrete patio was installed in violation to the ordinance at the time the driveway was replaced. Martineau stated the patio has already been removed, and the proposed addition is in an effort to eliminate the gutters and reduce the water runoff to the basement. Martineau stated the basement has been drain tiled in an effort to reduce water in the basement, noting that he has experienced water problems in his basement ever since the property was purchased. Martineau remarked this addition has been discussed with the neighbors who are not in disagreement with the proposal. • Chair Smith inquired whether there were any public comments concerning this application. Mr. Callahan, 2545 North Shore Drive, stated he is agreeable to the changes as it would not affect their property. Schroeder noted the overall hardcover will decrease on this property. Lindquist inquired when the patio was installed. Martineau stated it was installed around the time the driveway was replaced. Lindquist noted the patio was not included in the hardcover numbers. Stoddard moved, McMillan seconded,to approve Application #2437, 2565 North Shore Drive, allowing the construction of a 3' by 13' addition to the residence within the 0-75' setback, and granting of a variance to the average lakeshore setback and a variance to the allowed hardcover in the 0-75' lakeshore setback. VOTE: Ayes 7, Nays 0. (#9) #2438 MICHAEL SLETTEN, 4680 BAYSIDE ROAD, LOT LINE REARRANGEMENT, 8:45 p.m. -8:49 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Michael Sletten and Peter Achey were present. • Van Zomeren stated the Applicant is proposing a lot line rearrangement, and is requesting approval to sell a corner of his property that measures .25 acres to his adjacent neighbor at 4720 Bayside Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2438 Michael Sletten, continued) Road for a septic area. This property is comprised of 6.51 acres and lies within the RR-1A zoning district which has a minimum of five acres. Van Zomeren stated the easements will need to be revised to take 10 feet drainage and utility easements along the new exterior lot lines of the parcel and vacate the old easements. The Applicant will also need to obtain a consent form from his mortgage company to sell a portion of the property to the adjacent property owner. Sletten commented he was waiting for the resolution to be approved. There were no public comments. Schroeder moved, Berg seconded,to approve Application #2438, 4680 Bayside Road, granting of a lot line rearrangement to accommodate a non-conforming lot by selling .25 acres to his adjacent neighbor at 4720 Bayside Road for a septic area. VOTE: Ayes 7, Nays 0. (#10) #2439 SERVICE 800, INC., 2190 WEST WAYZATA BOULEVARD, CONDITIONAL USE PERMIT AND COMMERCIAL SITE PLAN, 8:50 p.m. - 10:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Jean Mork Bredeson, Service 800; Charles Radloff, Architect, and Rich Kiemen were present. • Gaffron stated this application is requesting approval of variances and commercial site plan approval for the construction of a 10,880 square foot office building on Lot 1, Block 1, Sugar Woods Second Addition as well as approval for a conditional use permit for office use in the B-1 District. Gaffron remarked the Applicant is proposing variances to lot coverage of 26.1 percent where 15% is allowed, 36 parking stalls where 45 stalls are required, and variances to parking lot setbacks. The Applicant is requesting a variance to omit a loading berth. The Applicant is required to submit plans for access to Highway 12 to MnDot for review and approval, with access being proposed to be through the triangular portion of MnDot right-of-way just west of the property. The parking lot grades should be reduced from the proposed 5 percent to 4 percent, and construction of a retaining wall may be needed along the east lot boundary line, as well as a construction easement since the storm sewer and parking lot are so close to the side lot line. Storm sewer calculations and a drainage area map will need to be submitted. Gaffron noted this site is required to be connected to City sewer and water, and an expanded utility easement will be needed over the existing City water line along the west property line. Gaffron stated the Applicant is not proposing at this time to create an access between this site and the adjacent Orono Shopping Center site. A rear access driveway is not necessary at this time, but the site plan allows for a future driveway. A fence or hedging along the rear line of the property is also not required at this time. The Applicant is proposing landscaping around the building, with green space constituting approximately 25 percent or 34 percent of the site depending on the parking scheme chosen. Gaffron remarked that snow storage is likely to become an issue if the parking lot is fully utilized • for parking, and a lighting plan will need to be submitted. The proposed signage appears to be in conformance with the limitation of 145 square feet total, with the Applicant proposing signage of Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2439 Service 800, Inc., continued) approximately 50 square feet in area. Trash and recycle facilities are proposed to be located within the building near the east entrance. Staff is recommending that the developer have the existing overhead wires buried as part of this project, although City code does not make this a requirement. A conditional use permit is required for an office use in the B-1 Retail Sales Business District. The City has the option of requiring as part of the conditional use permit specific building materials to ensure high quality development along Highway 12. Jean Mork Bredeson, property owner, stated Service 800 is a consulting service to computer companies with no warehousing or assembling being required at this location. Service 800 currently employs 15 people, with their present offices being located in Wayzata. Due to the present and anticipated growth of the company, Service 800 has found a need to improve their present office space, and has chosen to purchase this property to construct their new office building. Charles Radloff, Architect, stated the company's objective is to design a workable solution for both Service 800 and the City. Schroeder inquired whether a loading berth will be necessary. Bredeson stated the company has no need for a loading berth and will be able to move their office equipment and furniture in and out the main entrance. Kiemen noted the 15 percent coverage applies more to residential lots than commercial, and the e company has made efforts to keep sufficient green space available on this parcel. Kiemen stated most of the items of concern can be handled with City Staff. Radloff presented a diagram of the proposed building, noting that they are proposing to utilize the structure for office use and not retail. Chair Smith inquired what the maximum capacity of the building is. Bredeson stated the company currently employs 15 employees, with this building being designed to meet their anticipated growth needs for the next 12 years. Bredeson stated the empty space depicted on the diagram might eventually be rented out. McMillan inquired whether there were access points available to the rental space. Kiemen stated there is a main access to the building as well as a rear access. Radloff commented there are three total entrances to this building. Stoddard thanked the Applicant for considering Orono, and commented that the 15 percent lot coverage applies mainly to two acre lots or less and not necessarily to commercial. Stoddard inquired why a conditional use permit is needed on this application. Gaffron stated the conditional use permit allows the City to place specific conditions on conditional uses such as an office use in a retail district in order to ensure their compatibility within the zoning district. Gaffron noted that the 15 percent requirement was primarily intended for residential and commercial use was not discussed at the time the requirement was approved. The City in the past has typically granted a variance when the proposed structural coverage exceeded 15 percent • for commercial sites. Page 13 rf ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2439 Service 800, Inc., continued) Schroeder inquired whether the Applicant had considered constructing a two story building to reduce the structural coverage. Bredeson stated they had considered that alternative but due to the added costs of installing an elevator and extra bathrooms, it was deemed not feasible. McMillan inquired what the City's planning strategy was for this area, noting that this building is definitely commercial in nature. Schroeder commented that this appears to be a good business for this site and Orono as a whole. Hawn inquired whether the road to the rear of the building will be constructed in the near future. Gaffron stated it does not appear that the rear frontage road will be constructed anytime soon. Chair Smith inquired whether there were any public comments. William Wear, Orono Shopping Center, stated he has concerns regarding the amount of hardcover being proposed and the drainage that would result from this development. Wear commented there is a view easement he obtained in an agreement with Sid Rebers. Bredeson stated the building is situated behind the view easement. Gaffron stated the Applicant is aware of the agreement, noting that the agreement is not • enforceable by the City. Gaffron stated the Planning Commission needs to look at the building and determine whether they feel the size of the building is appropriate for the use proposed on this property. Gaffron noted the B-1 district does not list a floor area and lot coverage is mainly determined by the parking needs of the building. Parking is allowed to within three feet of the side lot line. Bredeson commented that they may not have purchased this property had they been aware of the 15 percent structural coverage limit. Stoddard stated the Planning Commission should look at the possible construction of the road and what the impact will be on parking. Gaffron stated the parking stalls were calculated at one per 200 square feet of net usable floor area. Stoddard commented he does not have a problem with the variance on the lot coverage, but noted that parking will need to be further addressed. Stoddard stated he understands why the Applicant has chosen to go with a one-story building versus a two-story building. Lindquist stated in his opinion he does not feel that the rear road will ever be built. Schroeder commented that the City still needs to provide for that possible road in the future, with a need to address the parking for the building. Gaffron stated the Planning Commission could accept the fact that the parking spaces are too close • to the proposed rear road and grant a variance in the event that the road is ever constructed or request that the Applicant reduce the size of the building. Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2439 Service 800, Inc., continued) Stoddard inquired whether the size of the building could be reduced. Bredeson stated reducing the size of the building is not cost effective, and if the building is required to be reduced, they may need to reconsider their options. Bredeson remarked that they have provided ample parking spaces according to the size of the building and they will not be infringing upon the roadway. Lindquist commented that in his view this is a good project. McMillan remarked that the Planning Commission needs to understand that if this building is constructed, the opportunity for retail on this parcel is very limited. Schroeder noted that retail opportunities are available on either side of this property as well as other sites in Long Lake. Schroeder remarked the parking infringes into the setbacks, but in his opinion this is not a major issue and a variance could be granted to allow that infringement now or in the future. Schroeder stated that screening or some kind of buffer could be required if that road is ever built. Lindquist stated he is comfortable with the size of the building. McMillan inquired how many variances are normally required in a typical office development. Bredeson noted they are requesting only two variances. Gaffron stated typically more variances are requested on a commercial development. Gaffron commented that overall hardcover on this lot is approximately 75 percent with parking calculated in. Chair Smith inquired whether the Planning Commission was in agreement with the proposed hardcover. Lindquist stated he does not have a problem with the application as proposed. Hawn suggested that the extra parking spaces be left green until a need is demonstrated for the additional parking. Hawn stated she has been persuaded and is in favor of the project. Stoddard stated he agreed with Hawn on the parking and that this project should go forward. McMillan noted she is not familiar with the guidelines for commercial development and would like the City Council to make the final decision on structural coverage. McMillan commented she likes the idea of the screening and is willing to allow the parking stalls to stay green for now. Stoddard noted proof of parking is acceptable and that the majority of the issues can be handled by City Staff. Stoddard remarked that the lighting will need to be screened from the adjoining properties. Gaffron noted that the ordinance requires that the lighting be screened. Schroeder commented the Applicant will need to work with the adjoining property owner on insuring • the proper drainage. Schroeder inquired whether access to this property is a problem. Page 15 1 I ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 #24 9 ( 3 Service 800, Inc., continued) Gaffron stated a plan needs to be submitted to MnDot for their approval and that access is being proposed through this triangular piece. It was the consensus of the Planning Commission that the lack of a loading berth was fine. Gaffron commented that as a requirement of the conditional use permit the need for screening and a parking variance could be added in the event that road is ever constructed. Chair Smith stated she was fine with the proposed landscaping. Lindquist moved, McMillan seconded,to approve Application #2439, Service 800, Inc., 2190 West Wayzata Boulevard, granting of a conditional use permit and approval of a commercial site plan subject to the conditions outlined in the November 12, 1998 Planner's Report, and further subject to the added condition of screening at the rear of the property in the event the frontage road is constructed. Proof of parking will be accepted. VOTE: Ayes 6, Nays 1, Stoddard opposed. Stoddard noted he is generally in favor of the project but voted against approval due to the density. (Recess taken from 10:18 p.m. - 10:28 p.m.) (#11) #2416/2417 TOLD DEVELOPMENT CO./BOB CUNNINGHAM, 2380 SHADYWOOD ROAD, ZONING CODE AMENDMENT AND COMMERCIAL SITE PLAN REVIEW, 10:28 p.m. - 11:42 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Bob Cunningham was present. Gaffron stated the Application is requesting approval of variances and commercial site plan approval for the construction of a Walgreen's Drugstore on the former Grace Baptist Church site. The Applicant is proposing an amendment to the B-5 District to allow a full-service drugstore at this site. The other B-5 sites in Orono consists of two strips along the north side of Shoreline Drive. The total B-5 district in the City comprises 5.9 acres, with the total commercial zoned property in Navarre being 33 acres. Gaffron noted that overall commercial development in Orono amounts to a small percentage of the applications reviewed by the Planning Commission and City Council. Gaffron stated the purpose for the B-5 district is to provide a district for businesses that supply commodities or perform a service primarily for the residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hardcover. The district may adjoin residential districts of other business districts which are subject to more restrictive controls. In this case the B-5 district abuts the B-1 district in two areas. Because of the location of the proposed development in Navarre, the uses are restricted in order to limit the hardcover and traffic generated in that district since there already is a traffic problem in Navarre. Gaffron noted the B-5 District was created in 1975 to accommodate existing businesses adjacent to single family residential areas. The intent of the district was to limit the intensity of uses in the B-5 District to those which would not only be good neighbors, but provide a valuable service to the surrounding neighborhood. The B-5 District was amended in 1996 to delete home and garden • equipment rental which was concurrently made a permitted use in the B-1 District. The B-5 District was again amended in March, 1998, by adding coffee or bagel retail stores to the list of allowed Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2416/2417 TOLD Development, continued) conditional uses, with a number of conditions related to maximum floor area, parking and seating. Gaffron remarked that the drugstore use as listed in the B-1 and B-3 districts is defined as"drugs, candy, ice cream, soft drinks, cosmetics, and other usual drug store merchandise". The range of merchandise and services associated with a drugstore use has probably changed somewhat since 1975, and now commonly includes on-site one hour photo processing service and coolers for a range of perishable as well as non-perishable take-away foods. The drive-through pharmacy is also a relatively new concept. The Planning Commission needs to consider a number of questions in determining whether a drugstore use might be acceptable within the B-5 District. First of all, is the drugstore use consistent with the intent of B-5 District by supplying commodities or performing a service primarily for residents in the surrounding neighborhood, or does it have a wider, more regional market base? Secondly, is it a low traffic generator or a high traffic generator? Thirdly, does it necessitate a reasonable amount of hardcover or an inordinate amount of hardcover. The Planning Commission will also need to determine the impact on the neighborhood if a drugstore is allowed as far as traffic, lighting, odors, noise, hours of operation, on-site parking, and open space, or can the identified impacts be mitigated or avoided by adherence to existing performance standards. If not, the Planning Commission needs to decide whether it would be appropriate to establish additional performance standards. Another issue the Planning Commission needs to determine is if the drugstore use would be appropriate on the other properties zoned B-5 if another suitable B-5 site was available, or is there 41) sufficient available land already appropriately zoned B-1 or B-3 in the Navarre area such that the drugstore use could or should be within one of those zones. Finally, will adding a drugstore use to the B-5 District change the character of the B-5 to such a degree that there is little to distinguish between the B-1 and B-5 Districts. And given the small size of the Navarre business area, is there any real justification for it to have four different zoning districts now. Staff recommends that the Planning Commission discuss whether an amendment to the B-5 District is appropriate to allow a drugstore use. If so, should it be a permitted use or a conditional use, and whether specific limitations should be established to keep the use within the intent of the B-5 District. If the Planning Commission is not comfortable amending the B-5 District to include a drugstore use, some direction could be provided concerning whether this site should be rezoned to B-1 and the implications that rezoning would have on the surrounding area. Gaffron noted that notice of this hearing has been given to the neighboring properties within 350 feet of the Shadywood Road site, as well as the owners of all properties zoned B-5. Bob Cunningham, TOLD Development, stated he is not acting on behalf of the Walgreens Corporation but merely as possible future landlord. Cunningham noted that Walgreens has conducted numerous studies over the years regarding traffic issues, and have found that 40 to 50 percent of the traffic generated to the store is pass-by traffic that is already in the area. Cunningham remarked that TOLD Development has been looking at the Navarre area for the past year and has not been able to find other alternative land for this proposed development. Page 17 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#241611417 TOLD Development, continued) Chair Smith inquired whether there were any public comments. Margaret Jagodzinski, 2300 Olive Avenue, expressed concerns regarding the condition of the existing site as well as concerns about lighting, traffic, and the visual appearance of the final development. Jagodzinski stated she would like to see more green space and landscaping to lessen the affect on the neighborhood as well as an attractive building. Chad Nilsson, 3324 Navarre Lane, stated he lives directly across from the site and would like the area to be landscaped and screened to buffer his home from the lights and noise. John O'Sullivan, owner of Culver's, noted he has talked to many businessmen in the area and has a petition in favor of this use from both commercial and residential owners in the Navarre area. O'Sullivan stated that the B-5 zoning was chosen for this use to specifically avoid the B-1 and B-3 potential impacts, noting that Walgreens will have significantly fewer impacts than other possible uses. O'Sullivan cited a need for a drugstore in the Navarre area, and stated he is in favor of the zoning amendment. There were no further public comments. Cunningham noted the standard size of a Walgreen's Drug Store averages between 13,905 to 15,500 square feet. Lindquist stated the Planning Commission needs to determine whether a drugstore should be allowed • at this location and what type of buffer to the surrounding neighborhood should exist. McMillan noted that all of the B-5 Districts need to be considered when arriving at a decision to approve or not approve this text amendment. McMillan inquired whether Walgreens will be expanding the proposed hours, noting that are not open during the peak morning hours. Cunningham stated they would be willing to add a stipulation limiting the amount of hours of operation. Hawn noted that Walgreens is more than just a drugstore and that the issues regarding traffic and impact to the neighborhood need to be addressed further. Hawn felt this project will increase traffic in the Navarre area, which might be better addressed at the next stage of the application. Hawn noted she does not have a problem with this portion of the application. Schroeder commented that Walgreens tends to sell art and book supplies, gifts, pottery, and tobacco products. Cunningham reiterated that Walgreens main consumer base comes from pass-by traffic and the immediate area, noting that Walgreens is looking at approximately a two mile radius. McMillan remarked that Walgreens is in the business of selling more than just medicines and the impact to this area needs to be determined. McMillan noted they are proposing to construct a large building on this site and the intent of the B-5 District is to serve as a buffer zone. McMillan stated in her opinion this is more heavy commercial and might be better suited to a B-1 or B-3 zone. McMillan noted she was not in favor of amending the district. • Lindquist stated he might be in favor of changing it to a B-1. Page 18 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2416/2417 TOLD Development, continued) McMillan commented she would like to see some development on that site but has reservations about this project. Mayor Jabbour stated the City came up with the B-5 District back in 1975, and the district has been modified over time due to uses that were not necessarily anticipated by the City at the time the district was formed. Jabbour recommending the Planning Commission look at the overall picture of what Orono wants to accomplish with their zoning and not react to individual applications. Jabbour cautioned the Planning Commission against eroding the intent of the zoning code in an attempt to make this property more marketable. Cunningham noted he will be meeting with Walgreens December 7th to discuss this project and hopefully will have a definite commitment by the company to develop this property. O'Sullivan stated that other businesses such as a bank and retail center have looked at this site, noting that a drugstore would be an appropriate use for this area. O'Sullivan commented most of the residents in the area are in support of this project and that the B-5 language is old and should be updated. McMillan reiterated she is opposed to amending the district simply to accommodate this one development. Berg commented she would like to see a drugstore in the Navarre area, but had concerns about the drive-through window. • Lindquist stated he is in agreement with McMillan and is not in favor of spot zoning. Schroeder inquired what a B-3 District is. Gaffron stated a B-3 District is a shopping center/business district/general retail district, and a B-1 District tends to have larger sites and a larger grouping of tenants. McMillan commented she was not against development on this property. Cunningham stated Walgreens is a good developer for this property because they can afford to complete all of the requirements. Gaffron stated that a B-1 District is similar to a B-5 in that they supply commodities but differ in that some uses are allowed in a B-1 that would not be allowed in a B-5 such as garages and restaurants. Gaffron commented he does not think this development would make sense as a B-3. Schroeder noted this is an expensive piece of property to develop and that other proposals for this parcel have been considered in the past to no avail. Schroeder stated in his opinion this is a good business for this location and would be in favor of the project. Stoddard stated most of his comments relate to the next portion of the application, noting he would be inclined to vote along with the rest of the members. Hawn stated she does not have a problem with the selling of pharmaceuticals, but has some concerns over the size of this development and the vast range of products sold by Walgreens. • Chair Smith noted that the Planning Commission in the past has looked at some controls to limit the impact to the district, noting she has some concerns with the drive-through window. Smith Page 19 d ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2416/2417 TOLD Development, continued) stated she would be inclined to support the application with some reservations. Schroeder stated he would be willing to make a motion to amend this district to include pharmaceuticals. McMillan remarked that the Planning Commission needs to look at all of the B-5 Districts and not just this site. Schroeder moved to approve Application #2417, TOLD Development Co., 2380 Shadywood Road to add drugstore use to the list of allowed conditional uses in the B-5 District. NO VOTE TAKEN. Gaffron stated his understanding of the motion was that Schroeder was adding to the B-5 District all those functions that a drugstore is today, and inquired whether that was the intent of the motion. Schroeder stated the intent of his motion was to add a drugstore use such as a Walgreens to the list of allowed conditional uses in the B-5 District. Schroeder moved to amend his motion, Stoddard seconded, to approve Application #2417, TOLD Development Co., 2390 Shadywood Road to add a full-service drugstore use to the list of allowed conditional uses in the B-5 District. Chair Smith inquired whether some limitations should be set on this property regarding the overall size of the structure and how much space should be limited to retail sales. • Schroeder stated that performance standards are set on a case by case basis. Gaffron remarked that the size of the building could be limited. Cunningham stated Walgreens has spent years researching and advancing this particular type of protocal and have done numerous studies regarding what their customers buy and have determined that this size of building is appropriate for their needs. McMillan stated the Planning Commission needs to consider what we are trying to achieve by amending this zoning district and what the City envisions for the future development of this area. Hawn stated she was in agreement with McMillan. VOTE ON AMENDED MOTION: Ayes 3, Nays 4; Hawn, Lindquist, Smith, McMillan opposed. MOTION FAILS DUE TO LACK OF MAJORITY VOTE. Lindquist inquired whether the Planning Commission should consider changing this site to B-1. Gaffron stated the Planning Commission might be better tabling this application until the Applicant has time to locate a site that is appropriately zoned for this particular use. Lindquist moved, Hawn seconded,to deny Application #2417, TOLD Development, Co., 2380 Shadywood Road, due to the fact that drugstore use does not fit within the current allowable conditional uses for the B-5 Zoning District. VOTE: Ayes 4, Nays 3; Schroeder, Stoddard and Berg opposed. • Page 20 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2416/2417 TOLD Development, continued) Gaffron stated this application for amending the B-5 District will proceed to the City Council on November 23 with the Planning Commission's recommendation. Lindquist moved, Schroeder seconded,to table Application #2416, TOLD Development, Co., 2380 Shadywood Road. VOTE: Ayes 7, Nays 0. Berg inquired whether Walgreens will stay at their proposed building size of 13,905. Cunningham stated the proposed size will probably stay at 13,905. SKETCH PLAN REVIEWS (#12) #2436 BOB ERICKSON, 364/372 WEST LAKE STREET, LOT LINE REARRANGEMENT - SKETCH PLAN REVIEW, 11:45 p.m. - 12:10 p.m. Bob and Lisa Erickson was present. Weinberger stated the Applicant is proposing a lot line rearrangement for properties located at 364 and 372 Westlake Street. The proposed lot line rearrangement would create two substandard lots with the 364 lot being comprised of 1.6 acres and the 372 lot being comprised of 1.1 acres. The LR-1A zoning district requires two acres for each lot. Currently the 364 lot is comprised of .65 acre and the 372 lot is 2.01 acres. Weinberger remarked that 364 Westlake contains a non-conforming structure which the Applicant is proposing to remove as well as the existing structures on 372 Westlake. Both properties have been assessed for one sewer unit each with Lot 364 having been connected to sanitary sewer since 1994. Lot 362 was required to connect to sewer in 1995, but to date has not been. Staff is recommending that the Applicant maintain the 50 foot front lot line for the 364 property which would allow a movement of the lot line towards the lakeside of the property and make it a true lot line rearrangement. Weinberger noted with this lot line rearrangement it is being proposed to take the one conforming lot, Lot 372, and combine it with non-conforming Lot 364 to make two non-conforming lots. McMillan inquired whether a flag lot was being created. Weinberger stated a flag lot would be created under the definition of the code, which the zoning code does not allow. Weinberger remarked that if the 50 foot front lot line was maintained, then a flag lot would not be created because the lot line would change further back on the property. Van Zomeren noted this is a lot line rearrangement and not a subdivision, with access being kept the same. Variances for lot area may be required for a residence to be built on either lot. Van Zomeren stated a lot line rearrangement is a Class 1 Subdivision, which require Mylars to be filed at the County. Bob Erickson stated they may have reached a solution by leaving the existing 50 foot front lot line for the 364 property. The intent is to construct a residence on both lots. Erickson requested that • the Planning Commission approve the sketch plan as revised, keeping the 50 foot front lot line, which is not depicted on the diagram. Page 21 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2436 Bob Erickson, continued) Weinberger stated the plan was dropped off today, noting the building pads have not changed. Lindquist commented that the Applicant should try to avoid variances on new construction. McMillan remarked that a variance to the average lakeshore setback will probably be needed because of the shape of the lot. Chair Smith inquired whether there were any public comments. There were no public comments. Chair Smith stated the Applicant will need to provide for some turn-around. Smith noted that normally the Planning Commission does not give a recommendation on a sketch plan. McMillan inquired whether there would be a hardship that exists for the two non-conforming lots. Hawn suggested that one lot could be conforming and one lot non-conforming. Schroeder noted the Applicant was not able to obtain enough land to make the lots conforming. Weinberger stated the Applicant has the option of appearing before the City Council or coming back before the Planning Commission with their preliminary plat. Gaffron remarked that this sketch plan application does not need to go before the City Council unless there is a problem with the application and that the Applicant can submit the preliminary plat to the Planning Commission for their review. (#13) #2441 MIKE HILBELINK FOR JOHN VOGT, 3020 WATERTOWN ROAD, SUBDIVISION - SKETCH PLAN REVIEW, 12:10 p.m. - 12:31 p.m. Mike Hilbelink was present. Van Zomeren stated the Applicant is proposing to subdivide an existing 12 acre parcel into five parcels, noting that a survey is needed to verify the wetland and dry land areas. Two lots are to be served by the existing curb cut off of Watertown Road and three lots are to be served by an extension of the cul-de-sac serving the Crystal Creek subdivision to the west of this parcel. Lot 7 in Crystal Creek does not have frontage on a platted road or outlot. Staff is not in favor of the road the way it is proposed, and the size and location of the proposed cul-de-sac is not acceptable. The Applicant needs to provide a septic report and a stormwater management plan for review by the City Engineer and the Minnehaha Creek Watershed District. Hilbelink stated some testing and field work has been performed, and discussions have been held with Mr. Winston, the owner of Lot 1. Hilbelink noted that the two bottom lots do not have adequate septic sites available and will need to be combined into one parcel. Van Zomeren noted that there would be 15 proposed lots on one cul-de-sac with this proposal. Van • Zomeren stated she will need to review the City code to determine how many residences can be located on a cul-de-sac, the length allowed, and the required paved width. Page 22 � , f ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2441 Mike Hilbelink, continued) Chair Smith inquired whether there were any public comments. John Winston, Lot 1, Rolling Meadows, Third Addition, stated he prefers the plan presented tonight rather than the previous plan where the cul-de-sac was proposed to be in his back yard. Winston stated he would like to have more time to review the proposed plan. Winston suggested that the Planning Commission also look at the surrounding area and how that potentially could be developed. Van Zomeren remarked she was unsure why an area on the map is depicted as a wetland. Gaffron stated it was taken from an old aerial photograph and is related somewhat to topography. The wetland possibly was eliminated at the time the cul-de-sac was constructed. Hilbelink inquired whether there was a private easement agreement. Gaffron stated there probably is one. Van Zomeren noted Staff would prefer a different access. Winston expressed concerns over increased traffic, noting they will be exiting onto Crystal Bay Road. Schroeder remarked they need to be looking down the road 20 or 30 years when platting this subdivision. Van Zomeren stated the Applicant needs to have the required survey work completed. Schroeder suggested the Applicant continue to work with City Staff and the adjoining neighbors to resolve some of these issues. PLANNING COMMISSION COMMENTS (#14) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON OCTOBER 26, 1998 AND NOVEMBER 9, 1998 Smith noted that the City Council voted to reduce the Hardten application from the Planning Commission's recommendation of 27 percent to 25 percent. (#15) OTHER ISSUES FOR DISCUSSION None (#16) PLANNING COMMISSION APPROVAL OF MINUTES FOR OCTOBER 19, 1998 Corrections were made on Pages 1, 9, 12, and 15. Schroeder moved, Hawn seconded,to approve the minutes of the October 19, 1998 Regular Planning Commission meeting as amended. VOTE: Ayes 4, Nays 0. • Page 23 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#17) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON NOVEMBER 23, 1998 AND DECEMBER 14, 1998 November 23, 1998 - Lindquist December 14, 1998- Stoddard ADJOURNMENT Schroeder moved, Stoddard seconded,to adjourn the meeting at 12:40 p.m. Sandra Smith, Chair • Page 24