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HomeMy WebLinkAbout01-19-1999 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • ROLL: The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard, Dale Lindquist, Lili McMillan, and Charles Schroeder. The following represented the City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren,Assistant Zoning Administrator Paul Weinberger, and Recorder Lanette Wolf. Chair Smith called the meeting to order at 6:30 p.m.\ (#1)#2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD,VARIANCES AND CONDITIONAL USE PERMIT, 6:30 p.m. -6:47 p.m. The applicants were not present. Joe Dzurik, builder for the applicants, was present. Van Zomeren stated this application came before the Planning Commission on August 17, 1998, October 19, 1998, and November 16, 1998. She reviewed the site plan and stated that the applicant proposes to excavate and remove a total of 344 cubic yards from the property. Since this excavation is proposed within the 75' lakeshore setback, it requires a conditional use permit. The application also needs a lot area variance because it is new construction. It would also need a lot width variance because the lot is less than 100'wide at the setback. A structural coverage variance would be required because the proposal is 17.6%where 15% is the allowed structural coverage. Hardcover in the 75' lakeshore setback is currently at 21.5%. The proposal would bring the hardcover down to 18.6%which still exceeds the requirement,which is zero. Van Zomeren said that it is recognized that no hardcover in the 75' lakeshore setback would be difficult on this lot. She said that in the 75'-250' setback, there is currently 32.9% hardcover; 34.1% hardcover is proposed and 25% is allowed. • Hardcover variances are requested in both of the setbacks from the lake. Another variance is needed for the average lakeshore setback. The sideyard setbacks can be met. The proposed garage encroaches 3 feet into the required 30' setback from the street and requires a variance from the street yard setback. Van Zomeren explained that the Zoning Code requires that the height for this proposed residence be measured from the garage level which is proposed at 934. The allowed height from the garage side to the midpoint of the roof is the 974 elevation. Van Zomeren stated that staff does not find that there is a hardship for the average lakeshore setback or the structural coverage and recommends denial of the requested variances. Smith asked for clarification of the difference between the previous proposal and the current proposal. Van Zomeren showed the difference in the plans. Van Zomeren stated that it is not typical City policy to allow land alteration in the 0'-75' setback. Joe Dzurik, builder for the applicants, stated he feels that staff's interpretation of the elevation is incorrect. Stoddard reviewed comments made at the previous Planning Commission meetings. The Commission members had stated they would like to see a footprint for the house that did not call for variances and the applicant should try to limit the house to 1,500 square feet and 25% total hardcover. Stoddard said he could approve variances for the lot area, lot width, lakeshore setback and street yard setback, but he could not approve the variances for structural coverage, average lakeshore setback or height. Lindquist said he feels the project will have to be redesigned due to the site constraints. Joe Dzurik asked if the height variance would be approved. • Van Zomeren said it is a design issue. Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#1)#2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD- Continued McMillan stated that the staff recommendation is helpful. Dzurik stated he did not receive a copy of the staff report. Smith asked if Dzurik was prepared to represent the applicant tonight. Dzurik said yes. Smith stated that this application was tabled in November because the applicant was not present at the meeting. Lindquist stated that staff finds no hardship for an average lakeshore setback, street setback, structural coverage, hardcover in the 75-250' setback, or height variances. He believes that the project will have to be redesigned to fit the site. McMillan said that staff finds hardship for the lot area, lot width and lakeshore setback variances because of the size of the lot. She said staff does not see hardship in the average lakeshore setback and she agrees with staff. She feels the house could be positioned so it does not interfere with the neighbors' sight line. She asked staff about the setback from the street. Van Zomeren said that the setback requirement is 30 feet. Van Zomeren feels it could possibly be reduced. McMillan agreed. She said she would not approve a structural coverage variance or a hardcover variance. Smith said there has been clear direction from the Planning Commission on this application. • Van Zomeren stated she is concerned because she has not had any contact with the applicants regarding this application. Lindquist stated that the applicants must be at the meeting the next time the application is on the agenda. The applicant should understand that the Commission will probably follow staff's recommendations. There were no public comments. Van Zomeren stated she knows the notices for the meeting were mailed because she received a call from a concerned neighbor. Lindquist asked Dzurik if he would prefer that the Commission members vote on the application as submitted or table the matter. Dzurik stated he would like it to be tabled. Lindquist moved, McMillan seconded a motion to table#2410, Peter Boynton, 1973 Fagerness Point Road,Variances and Conditional Use Permit.VOTE: Ayes 4, Nays 0. Schroeder arrived at the meeting at 6:48 p.m. • Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 II (#4)#2443 GLEN UPTON, 3685 NORTH SHORE DRIVE,VARIANCE, 6:48 p.m. -7:00 p.m. Weinberger stated that the applicant has applied for after-the-fact variances to permit a deck located on the lakeside of the residence 40'from the lakeshore. The deck was constructed in 1996 following an addition to the house. He said the applicant stated in his hardship statement that he did not apply for a building permit for the deck addition because he was concerned about meeting the allowed hardcover on the property. Weinberger said that in 1995 the Council did grant variances on the property for hardcover and lakeshore setback that allowed a garage and living space addition to the residence. The total came to 22.2% hardcover, all within the 0'-75' setback on the property. The only developable area on the property is within the 0'-75' setback. An easement has been created over a large portion of the lot to serve as an access drive for several lots that do not have direct access to North Shore Drive. The applicant had an original proposal to construct a deck in the location of the deck built without a permit in 1996. The DNR recommended the deck not be located as proposed due to the 50' setback requirement on lakeshore properties. The deck was later removed from the plans. The new deck is located 40'from the lake. The applicant is proposing after-the-fact variances to permit the construction of a residential deck within 75'of the lake, to allow 22.6% hardcover where 0% is normally allowed, and to allow structural coverage to increase from 21.6%to 23.3%. Weinberger stated that staff recommends denial of the application based on the new decking being located within the 0-75% setback and based upon the 1995 approvals stating that only 22.2% hardcover would be allowed. Glenn Upton, the applicant,was present. Upton read a statement to the Commission members. He said that the 1995 plan to install a sliding glass door was approved by the building inspector and the door was installed. A platform and steps would be required to use the door. He said he is allowed to have a 4'x 4' platform and steps to the 411 ground. He extended the deck to make a platform. Upton admitted that he did not apply for a permit because he did not think he could get a variance. Smith asked if the deck is a new structure or an addition to an existing deck. Weinberger responded that this portion of the deck is new. There was an existing portion of the deck prior to the remodeling that was done. Smith asked if the portion of the deck marked "existing deck 1984"was there when Mr. Upton came in for the 1995 application and the Planning Commission agreed that the deck could stay. Weinberger said that was correct. There were no public comments. Schroeder asked how the City became aware of the deck. Weinberger responded that the City Building Inspector was inspecting storm damage on a neighboring property and it was discovered at that time. Schroeder stated that he cannot support the variances. Smith agreed with Schroeder and said she cannot support the variances. Lindquist and McMillan agreed. Upton asked if the Commission would allow him to have a 12'x 7' addition to reach the older part of the deck. • Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 (#4) #2443 GLEN UPTON, 3685 NORTH SHORE DRIVE- Continued Smith said she cannot support anything over what the code will allow. Upton asked if he should just construct a platform. Smith said yes. Lindquist moved,Schroeder seconded, a motion to deny#2443 for Glenn Upton, 3685 North Shore Drive, based on the new deck being located within the 0-75' lakeshore setback and the hardship on the property was created by the applicant constructing the deck without obtaining permits.VOTE: Ayes 5, Nays 0. (#2)#2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD, PRELIMINARY PLAT, 7:01 p.m. -8:40 p.m. Van Zomeren stated this is an application for a three-lot preliminary plat. The site is approximately 12 acres in size with approximately 10.1 dry acres. Staff notified all the property owners in the Crystal Creek Homeowners Association that this item would be on the agenda. The applicants are proposing to subdivide the parcel into three lots and two outlots. Lot 3 would contain the existing residence and accessory structures. Access for Lot 3 would continue to be provided off of Watertown Road. The two new lots, Lot 1 and Lot 2, would be served by Outlot B which would be next to the private road in the Crystal Creek subdivision. If the two new lots are considered to be back lots, they would be required to have 3 acres of dry land. Lot 2 is 2.9 acres and Lot 1 is 3.3 acres. Along with this proposal, Outlot A is being created which could potentially be for sale to an adjacent property owner. Outlot A would be 1 • acre in size. Outlot B, which would provide access, is .21 acres. Wherever an outlot is platted rather than a private road, the lots that are served via the outlot are considered to be back lots. The back lot issue is a concern since one of the lots is proposed to be less than 3 acres. With back lots, there are increased setbacks for front, rear and side yards at 150% of the requirement for the district. It appears that the proposed home locations could probably meet that requirement. There are five accessory structures on Lot 3. If the structural lot coverage exceeds 3,200 square feet, either one of the buildings needs to be removed to meet the requirement or a variance will be needed. One of the buildings may have historical significance. Steve Weckman has evaluated the proposed septic locations. He notes that there are two stormwater ponds in the Crystal Creek subdivision and his concern was that the proposed septic site for Lot 3 is located only 58 feet from one of the ponds where 75 feet is required.A variance for the location of the drainfield will be required. She stated that the Park Dedication Fee needs to be determined. The Hennepin County Assessor has been asked to review the proposal and determine the fair market value of the undeveloped land. Van Zomeren stated that there are several engineering issues. The private driveway off of the private road is an issue because the City does not typically approve subdivisions that have streets that are longer than 1,000 feet or serving more than 10 units. This proposal would increase the length of the private road and the number of units served. The subdivision ordinance states that cul-de-sacs shall be discouraged. It was anticipated that Crystal Creek Road would eventually be connected to Wear Lane; however, Wear Lane is a public road and Crystal Creek Road is a private road. She pointed out that one of the adjacent properties is owned by Stubbs Bay Moving Co. Since there is a lot of equipment located on the property, the soils are probably compacted and there may not be a suitable septic site on that property. The future of that property for residential development is limited without sewer. Van Zomeren said that the City Engineer has noted that a street in Outlot B would drain to the storm sewer and pond in the Crystal Creek subdivision, that more ponding capacity could be required and • that the Watershed District would need to comment. There are also grading and drainage issues. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#2) #2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued Van Zomeren said that the primary issue for staff is the access to the back two lots. This is also an issue to the neighbors. She said that staff recommends that a 50'outlot be platted across the northern end of the parcel and that the temporary cul-de-sac in Crystal Creek be eliminated and a new temporary cul-de-sac be created to serve the proposed two new lots, Lot 7 in Crystal Creek, and the outlot owned by Kingsbridge Properties. Mike Hilbelink and John Vogt were present. They stated they did not receive their copies of the staff report until today. Hilbelink stated they are not proposing to extend the cul-de-sac for access. They would prefer a private drive. He stated there is room to make sure there are three acres in both of the rear lots. He said they have no desire to connect Crystal Creek Road to Wear Lane. He stated that most or all of the accessory buildings will be removed. Hilbelink stated he has talked to Mr. Stubbs and there is a possibility of one or two buildable lots on his property. Extension of Wear Lane to Crystal Creek would destroy that possibility. Chair Smith noted that three letters were received regarding the proposal: Steven &Anne Kahler, 35 Crystal Creek Road, dated January 15, 1999 Michael & Gayle Sievert, 85 Wear Ln. N., dated January 18, 1999 Richard &Joan Scorza, 2850 Wear Circle, dated January 20, 1999 John Winston, 155 Wear Lane, stated he is concerned about the linkage of Wear Lane to Crystal Creek Road and he does not want to see that happen. He said that he and his neighbors do not object to the subdivision, they are not in favor of linking Wear Lane to Crystal Creek Road. IIIHugh Hoffman,40 Wear Lane North, stated that he agrees with Mr. Winston. Steve Alseth, 3385 Watertown Road, questioned the number of lots. Van Zomeren clarified that this would be a three-lot subdivision. Rick Carlson, Jyland Development, stated he has purchased an option on the remaining lots in Crystal Creek. He supports access through Crystal Creek, but he is not in favor of a through-road to Wear Lane and he does not support a public road. He said that Outlot B is now considered unbuildable. He opposes the 50'easement on the north to provide access creating a flag lot. He is also concerned about the cost for the private road. There has not been any discussion regarding these new lots contributing to the cost of Crystal Creek Road. Smith asked for Rick Carlson's opinion on connecting Crystal Creek Road to Wear Lane. Carlson said he feels two more lots on the private road would not be a problem because Crystal Creek Road was constructed to public road standards. He said there would be no gain to Orono in making it a public road. Mark Supalla, 160 Wear Lane, complimented John Vogt on the project and said that he supports the subdivision. Alan Carlson stated that he developed the area of Crystal Creek. He said that he has no objection to the subdivision provided the applicants give up the easement over the north lot to Outlot B. He said that when he developed Crystal Creek, the easement was for access to four lots that he has already had approved. The cul-de-sac was supposed to be temporary until the road was extended to Outlot B. IIIHe wants a road developed that would provide access to his lots. Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 III (#2) #2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued Smith questioned the location of Alan Carlson's four lots.Alan Carlson showed the location of the lots. Smith asked if the original plan was for those lots to ultimately be connected by the development in the lower portion of the larger parcel. Carlson said the plan was for the two 50' roads to be connected. The Crystal Creek covenants state that the cul-de-sac is temporary, that the northerly part of the property will be used for access to the east and that there is a 15'temporary driveway easement over Lot 6 to get to Lot 7 because there is a plan for a road. McMillan asked if this information is in the staff report. Van Zomeren explained where to locate the information. She stated that the lot and block numbers changed from the preliminary plat to the final plat. Smith asked how access would otherwise be gained to the four lots. Carlson stated that the only access would be from the south. He said that the preliminary plat was approved for 16 lots, 12 in Crystal Creek and 4 to the north. When staff and Council approved the plan, it was not the intent that the cul-de-sac be permanent. His main concern is getting access to his four lots. McMillan asked if there is a house on Lot 7. Van Zomeren said Lot 7 is undeveloped. IIStoddard asked about the purpose of the proposed Outlot A. Van Zomeren stated that the purpose of Outlot A is to sell to Mr. Winston to connect to his property. Winston said he volunteered to work with the developer to block access to Wear Lane. He asked if the four lots to the north could be developed due to the pressure of the proposed Highway 12 development to the north. Alan Carlson said he is not sure what will happen in the future. Steve Kahler, 35 Crystal Creek Road, said he feels there would be too many lots on the cul-de-sac. As a homeowner, he wants a separate cul-de-sac feeding from Wear Lane for the new lots. Rick Carlson said that Outlot B is technically an outlot of the Crystal Creek Homeowners Association and in the bylaws it states that Outlot B is unbuildable until it gains an access. He does not believe that the applicants have any obligation to provide access to Outlot B through the proposed subdivision. He is not in favor of promoting that access. He said there is no duty on the people who have paid for the road to pay for the access to Outlot B. Alan Carlson disagreed with Rick Carlson. He said the declarations and covenants for Crystal Creek state that Outlot B can gain access through Outlot A. Hilbelink said he does not feel they should be required to pay for access to the north. He said that the entire parcel could be purchased by one party rather than subdividing it and then access to the north would not be possible. Laura Summers, 75 Crystal Creek Road, said she is concerned about extra traffic and change in the IIIcharacter of the neighborhood. Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 III (#2) #2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued Smith said she is concerned about the extension of Crystal Creek Road to serve two more lots. She can see the thought to provide a connection between Crystal Creek Road and Wear Lane. An alternative would be access directly off Watertown Road for all three lots. That alternative does not take future development into account and would land lock the lots to the north. Schroeder said the ability to connect Wear Lane and Crystal Creek Road should be retained. He believes that access to the lots in the north should be taken into consideration. He favors extending Outlot B to provide access to the north or to Wear Lane. Smith clarified that Schroeder favors extending Crystal Creek Road to serve the additional lots. Schroeder said he believes that is what was originally contemplated and the traffic from two more lots on Crystal Creek will not be dramatic. Lindquist agreed with Schroeder. He favors leaving the cul-de-sac where it is now located to serve the two new lots. He would also leave the outlot for future access to the north. McMillan said that the intent of planning in 1991 was to provide access to the property to the north. Schroeder said that it is not his intention to connect the two roads, but 30 years from now it could be possible. Smith said that possibility should not be negated. IIIMcMillan thinks two lots could be accessed from Watertown Road and one from Crystal Creek if the lot lines were redrawn and a driveway easement would be necessary. Stoddard said the City does not encourage easements. McMillan questioned whether one of the lots would be defined as a back lot. Van Zomeren said that whenever a lot is not served by a public or private road and it is served by an outlot, it is considered to be a back lot. Smith said she does not favor access on Watertown Road. Lindquist said he favors platting a cul-de-sac off from the outlot. Schroeder asked how Alan Carlson would access the lots to the north without this subdivision. Alan Carlson said he would have had to look at land to the east for access. Schroeder asked if an outlot could be put on lots 6 and 7. Van Zomeren said it could be put on lots 6 and 7. Smith said there seems to be consensus to extend the outlot and the applicants have said the accessory structures can be addressed. She asked about the Minnehaha Creek Watershed District letter and the issue regarding the stormwater permit. • Van Zomeren said she would like to hear from the applicants regarding this issue because it looks like the stormwater ponding would be in the Crystal Creek addition. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#2)#2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued McMillan asked if the applicants obtained wetland delineation information. Hilbelink stated that the wetlands have been delineated. He also stated that a grading and drainage plan will be done. Smith asked the applicants about the historical building. Hilbelink said he doesn't know which building is historical and that none of the buildings are in good shape. Van Zomeren said it is on an inventory list that staff received from the State of Minnesota Historical Preservation Office (SHPO). Staff will be contacting the SHPO office to determine the significance of the building. Steven Kahler questioned the City's position regarding Crystal Creek Road since it is a private road. He asked if the City would make it a public road. Van Zomeren said that typically the City is not interested in taking over roads, particularly since there is a lot of development left to occur in the area. She said the applicant must work out access with the Homeowners'Association. Lindquist said he wanted to make sure the applicant understands that if an agreement cannot be reached with the Homeowners'Association regarding Crystal Creek Road, the whole project would IIIhave to change. Smith asked if grading and drainage had been addressed. Van Zomeren stated that prior to getting a final plat approved, the grading and drainage information would have to be reviewed by the City Engineer. The grading and drainage plan would not be done until the final road plan is in place. Smith asked if there are other issues that need to be addressed. Van Zomeren mentioned the location of the septic site. It is proposed to be located 58' instead of 75' from the stormwater pond. Stoddard asked if it could be brought into compliance. Hilbelink stated that the septic site was originally too close to the property line and it was moved. Smith said the Park Dedication fee still has to be addressed. Van Zomeren responded that the fee will depend on how the lots are valued. John Winston said that if Outlot A is combined with his lot, he will request vacation of utility and drainage easements. • Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#2)#2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued Lindquist moved, Smith seconded, a motion to approve#2449 for Mike Hilbelink and John Vogt, having an interest in 3020 Watertown Road, Class Ill Preliminary Plat Subdivision,with the following conditions: 1. There will be an Outlot B that is 50'wide along the northern edge with a 100' cul-de- sac,with 80' of paved area. 2. Accessory structure total lot coverage will be determined and the historical significance will be determined. 3. A variance obtained for the location of the drainfield on Lot 3. 4. Park Dedication Fee will be determined. 5. Drainage issues be addressed as stated in the City Engineer's letter. 6. There will be private driveways for the two lots off the relocated cul-de-sac. 7. It is the applicant's responsibility to work with the Crystal Creek Homeowners' Association regarding the cost to use the private road as it exists. 8. Address the back lot acreage issue by rearranging the lot lines. 9. Move the temporary cul-de-sac to serve the two new lots and Lot 7. 10. City Engineer is to review the stormwater management plan. Schroeder asked if the two new lots will be back lots. Van Zomeren stated that they are not back lots if the road is extended with a cul-de-sac. If it is extended with a 50' outlot, they are back lots. A cul-de-sac has to be shown on the plat in order to not require the back lot acreage. The applicant will have to decide the location of the cul-de-sac. The City • would accept 50' straight across the top. As long as both new lots have access on the new cul-de-sac where staff can measure the lot width to the standard for the zoning district, they would not be considered back lots. Winston asked if the cul-de-sac would be constructed or platted. Lindquist stated it only has to be platted. Winston asked where the black top will end. Lindquist stated there will be a private road coming from the present cul-de-sac in Crystal Creek to the two additional lots. McMillan asked what would trigger the physical construction of the cul-de-sac. Van Zomeren stated that a cul-de-sac would have to be constructed when Lot 7 is developed. McMillan stated she would like to review the Crystal Creek resolution regarding the cul-de-sac. Stoddard stated the cul-de-sac should be platted now. Kahler stated that Lot 7 will be landlocked. Schroeder stated that perhaps all the lots could be served by the cul-de-sac and asked how many driveways can be served by a cul-de-sac. III Van Zomeren responded that as long as the lots can meet the lot width requirement, there is no restriction on the number of driveways from a cul-de-sac. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#2)#2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued Lindquist moved, Smith seconded,to amend the motion to require the construction of the cul- de-sac to connect all three lots and extend the road.VOTE: Ayes 5, Nays 0. (#3)#2450 GLENN GRONBERG, 325 WILLOW DRIVE NORTH, PRELIMINARY PLAT, 8:42 p.m. - 9:00 p.m. Weinberger presented the staff report. He said the applicant has applied for a Preliminary Plat for a two-lot subdivision of a 5.07 acre site located off North Willow Drive. The lots will abut the new Highway 12. He said there are two main issues concerning the proposal. The first issue is access to the property. The original agreement for the private driveway that was set up was for three residences to be served off Outlot A. This subdivision would create a fourth lot being served by a private driveway even though Lot 1 of the existing subdivision continues to gain access off of Willow Drive. The subdivision ordinance allows for two residences on a private driveway. It is likely that the new lot will be acquired by Mn/DOT in the Highway 12 expansion for a stormwater pond for properties located around it. Taking into account the access issues on the proposed plat, the City would typically require Outlot A to become a private road to serve the four residences. Staff is proposing to extend the Outlot into a cul-de-sac, creating a situation where two lots have access to a street and eliminating a front and back lot situation. The applicant has proposed a change to plat an extended roadway with a cul- de-sac and both lots meet all zoning requirements. Mr. Gronberg is the sole owner who has granted easements to the other property owners on the private driveway, so there would be no conflicts between neighbors by creating one private drive. Staff could support the new proposal with provisions in the preliminary plat resolution that until a building permit is issued for the fourth lot, none of the • development would be required for the private driveway. At that time all property owners would probably share in the responsibility of developing the private driveway if for some reason Mn/DOT would not acquire the new lot. Glenn Gronberg and Mark Gronberg were present. Glenn Gronberg requested that the Park Dedication fee not be assessed and the road not be required to be constructed unless a building permit is issued for the new lot. George Hutchins stated he owns an adjoining property. He stated that no one knows what Mn/DOT will do in the Highway 12 expansion, but he has seen a plan that would take almost all of the new lot for a holding pond. He asked what would happen if this lot is subdivided and someone builds a house on that lot. Glenn Gronberg stated there is no intention to build a house on the lot. Stoddard stated he is in favor of the proposal as long as staff's recommendations are followed. Schroeder asked if the proposed plan meets the zoning code. Weinberger stated it does meeting the zoning code. He said the property is over five acres in size and the subdivision will leave over two acres per lot. Stoddard stated that he does not want to act on the Park Dedication Fee. He would like the Council to review that issue. III Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#3) #2450 GLENN GRONBERG, 325 WILLOW DRIVE NORTH- Continued McMillan moved, Lindquist seconded a motion to approve Application#2450 for Glenn Gronberg,325 North Willow Drive,for a Preliminary Subdivision as modified and presented tonight subject to the staff's recommendations and with the development of a private road and cul-de-sac being based upon the issuance of a building permit for the new lot. VOTE: Ayes 5, Nays 0. (#5)#2445 ROBERT GEHRMAN, 4300 SIXTH AVENUE NORTH,VARIANCES, 9:05 p.m. -9:15 p.m. Weinberger presented the staff report. He stated that Mr. Gehrman has been issued a building permit to construct a 36'x 77'accessory structure on his property. The accessory structure is located more than 400' back from the road near an existing 20'x 60' accessory building. The maximum allowed accessory structure on a lot larger than 9 acres is 3,000 square feet. Both accessory structures meet this requirement. The applicant is proposing to connect both structures with a 10'x 10'walkway. By connecting the structures, both buildings would be considered one structure which would require a variance for an oversized accessory structure. The total combined square footage of the old and proposed structures would be 4,072 square feet. He reviewed the Zoning Code requirements regarding restrictive covenants that must be placed on the property. He said that the applicant has stated he intends to store antiques in the structure. The Zoning Code does not allow storage of inventory intended for retail purposes. He stated that staff is recommending approval of the application based upon the hardship being that the connection is going to connect two legal buildings and it is in keeping with the rural character of the neighborhood. • Robert Gehrman, the applicant,was present. There were no public comments. Stoddard asked what the Zoning Code allows for the maximum size building per acre and the total amount of accessory structure per acre. Weinberger stated that the maximum allowed for this lot would be 6,000 square feet for accessory structures. Stoddard asked the applicant if there are accessory structures located on the property. Gehrman stated the other structures consist of a 20'x 30'garage, a 12'x 16'shed, and a 20'x 20' shed, or approximately 5,200 square feet in total. Schroeder asked if the applicant intends to use the accessory structure for retail purposes. Gehrman said no. Schroeder moved, Lindquist seconded, a motion to approve Application#2445, Robert S. Gehrman,4300 Sixth Avenue North,for a variance to allow an oversized accessory structure on the property due to the nature of the lot and the combination of the two would still be under the maximum 6,00 square feet allowed for accessory structures. McMillan stated she is concerned about setting a precedent regarding oversized buildings. Lindquist stated he can approve the application because of the very rural setting. • Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#5) #2445 ROBERT GEHRMAN, 4300 SIXTH AVENUE NORTH- Continued Gehrman stated the geography consists of a swamp to the north and trees two-thirds of the way around so it is very well buffered to the west, north and east. He said the neighbors have approved the plan. VOTE: Ayes 4, Nays 1, McMillan opposed. (Recess taken from 9:16 p.m. -9:30 p.m.) (#6)#2446 MARC &SHERRY MASLOW, HAVING AN INTEREST IN 1890 SHADYWOOD ROAD, VARIANCES, 9:30 p.m. -9:40 p.m. Van Zomeren presented the staff report. She stated the applicants are intending to purchase this lot. They are requesting an average lakeshore variance to construct a 12'x 32'addition to the lakeside of the residence. The proposed addition will not further encroach into the average lakeshore setback than the existing structure.Another variance is required for hardcover in the 75' -250' setback. She said the applicants are reducing the amount of hardcover in the setback, however, the remaining hardcover exceeds the 25% limitation. She stated that staff is recommending approval of the variances. She said that staff does not recommend removal of the hardcover located in front of the existing garage. She stated that the applicants are willing to remove one of the curb cuts on Shadywood Road which is a benefit to the City and County. The southern curb cut which will be removed is near a bridge over a channel where there are poor sight lines. Smith questioned the location and type of hardcover that will be removed. Van Zomeren reviewed the • hardcover that will be removed. Marc and Sharon Maslow, the applicants,were present. Sharon Maslow stated the majority of the hardcover that will be removed is the south driveway which is bituminous. Smith asked staff to prepare a revised hardcover calculation taking out the rock and existing garage driveway, but leaving in the bituminous in front of the existing garage and other hardcover. Maslow stated that the worksheet they completed should have the hardcover figures. There were no public comments. McMillan said she is in favor of the proposal. McMillan moved,Schroeder seconded, a motion to approve Application #2446,for Marc and Sharon Maslow, having an interest in 1890 Shadywood Road, for Hardcover and Average Lakeshore Setback Variances,with the recommendation that the hardcover in front of the existing garage does not have to be removed and the hardcover calculations show the amount of rock.VOTE: Ayes 5, Nays 0. • Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 (#7)#2447 KEITH WATERS ASSOC./KIRT WOODHOUSE, 885 FERNDALE ROAD WEST, VARIANCES AND CONDITIONAL USE PERMIT, 9:42 -p.m. -9:47 p.m. Van Zomeren presented the staff report. She stated that the applicant is requesting a conditional use permit for cut and fill to construct a driveway that is located partially through a low area that is considered to be flood plain. She stated that this is a unique situation because the entire existing residence is located completely out of the allowable building pad. The applicant is proposing to pull the garage off the property line, expand the kitchen and the current office/library. She stated that the applicant is proposing to reduce hardcover in the 0'-75'setback from 17.38% to 16.6% and to reduce hardcover in the 75'-250' setback from 35.4%to 30%. Variances are required for side yard setbacks to allow the kitchen addition and relocated garage to be located within the required side yard. A lakeshore setback variance is required for the addition on the west side over the patio because it is located less than 75'from the lakeshore. The proposed kitchen addition is 27'from the lakeshore and also requires a lakeshore variance. The lot is subject to the 0'-75' setback requirement on two sides. A conditional use permit is also required to change the driveway approach to the garage. She stated that staff is recommending approval of the application. Kirt Woodhouse and Blake Bichanich were present. Woodhouse stated that he wants to restore the original style of the house. He said they have worked very hard to modernize the house, keep the original character of the house and reduce the hardcover. Bichanich stated that all but one portion of the proposed additions will be over existing hardcover. The garage will be moved off the property line. He reviewed the hardcover that will be removed. Stoddard asked the applicant to summarize the cut and fill plan for the wetland. Bichanich stated it isn't a wetland,just a low portion of the site that is landscaped and sodded. He said it technically falls below the 931.5 contour line so it is part of the flood plain basin. There were no public comments. Lindquist stated he is in favor of the proposal. Lindquist moved, McMillan seconded, a motion to approve Application#2447 for Kirt Woodhouse, 885 Ferndale Road,for Side Yard Setback, Lakeshore Setback, Hardcover Variances and a Conditional Use Permit for Cut/Fill in a floodplain due to the uniqueness of the lot and the existing topography and the reduction of hardcover. VOTE: Ayes 5, Nays 0. (#8)#2448 KEITH WATERS ASSOC./DOUG CARLSON/C. RAY, 780 NORTH ARM DRIVE, VARIANCES, 9:48 p.m. -10:00 p.m. Van Zomeren presented the staff report. She stated that the applicants are proposing to remodel an existing residence. The proposed changes require two variances. One variance is for average lakeshore setback because the existing house is located almost entirely in the front setback. The average lakeshore setback for the residence has slightly changed recently due to new construction on the adjacent southern lot.Another variance is required for top of bluff setback because the residence is partially located within the required 30'top of bluff setback. She stated there are no negative impacts with this proposal and staff recommends approval. Catherine Ray and Blake Bichanich were present. • Ray stated that the neighbors support the application. Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • There were no public comments. Schroeder asked how the hardcover would be reduced. Bichanich responded that most of it is related to the existing driveway and the rest is mostly landscaping, such as pavers and railroad ties. McMillan asked if the old garage would be retained. Bichanich stated that the old garage will be used as a workshop and not for vehicles. The old driveway is very steep and will be landscaped for gardens. Ray stated that one of the reasons for the addition of the new garage is that access to the existing garage is very difficult for a vehicle and they will not use the old garage for parking vehicles. Stoddard stated he can approve the proposal. McMillan stated the addition fits in very well with the contour of the house. McMillan moved, Stoddard seconded, a motion to approve Application#2448 for Doug Carlson and Catherine Ray, 780 North Arm Drive for Top of Bluff and Average Lakeshore Setback Variances.VOTE: Ayes 5, Nays 0. (#9)#2451 LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD,VARIANCES, 10:00 p.m. - 10:15 p.m. • Weinberger presented the staff report. He stated that the applicants have proposed to construct a 786-square-foot addition which would include a two-stall garage and two levels of living space above it attached to the existing residence. The existing residence is 20'x 36'. There is no existing garage. This application requires variances to allow 51.1% hardcover where 25% is allowed in the 75'-250' lakeshore setback, and to allow 15.8% total structural coverage where 15% is allowed. He said that all setback requirements are being met. Staff recommends denial of the application based on hardcover of 51.1%where only 15.3% exists and 25% is allowed, and structural coverage being greater than 15%. He stated that should the Planning Commission approve the application, staff recommends the applicant provide a drainage plan prior to the issuance of a building permit that would be acceptable to City Staff to show the proposed development would not pose a risk to the subject property or adjacent properties. Lyle and Gretchen Shaw, the applicants,were present. Gerald Roelofs, their builder, was also present. • Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • (#9)#2451 LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD- Continued Roelofs stated that the application was written as though it was for a garage. He explained the current floor plan of the house. Stoddard asked if the desire for extra living space or the desire for garage space steered the application. Roelofs said they go hand in hand. The applicants want to bring a garage to the lot and expand the house. They want to keep the house as contiguous as possible. He said the addition is entirely behind the setback line. Roelofs reviewed the sizes of the neighboring houses. He said they would like some direction from the Planning Commission members before making further plans. Stoddard said he would like to see the hardcover scaled back. He asked what the hardcover would be if the structural coverage was brought down to 15%. McMillan said the applicants are allowed a minimum of 1,500 feet of structural coverage and that would automatically trigger additional hardcover. She said that 15% structure coverage would be 1,565 square feet and the applicants are proposing 1,650 square feet. She said she could approve the application if the structural coverage was reduced to 1,565 square feet. Roelofs said that would mean a reduction in building mass of 85 square feet. He said they did consider making the garage shorter, but it doesn't reduce hardcover because the driveway would be longer. McMillan said she believes that structural coverage is more important than hardcover and 1,565 IIsquare feet would be very close to the allowed 1,500 square feet of structural coverage. Lindquist and Smith agreed with McMillan. There were no public comments. Lindquist asked if Roelofs was comfortable with reducing the structural coverage to 15%. Roelofs said he believes they can work it out. McMillan moved, Smith seconded, a motion to approve Application#2451, Lyle and Gretchen Shaw, 1750 Shadywood Road,for a hardcover variance in the 75'-250' lakeshore setback with the condition that prior to the issuance of a building permit the applicant provide a drainage plan that would be acceptable to City Staff.VOTE: Ayes 5, Nays 0. • Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 • SKETCH PLAN REVIEWS (#10)#2452 PETER ANDREA COMPANY, HAVING AN INTEREST IN 5XX STUBBS BAY ROAD NORTH (PID#32-118-23-24-0007), 10:16 p.m. -10:40 p.m. Van Zomeren presented the staff report. She said the applicant is proposing to subdivide a 36.47 acre parcel into seven lots with two outlots for access. Each lot would contain a minimum of 5 acres. Outlot A would be a private road ending in a cul-de-sac. She said all of the proposed building pads can meet the setback requirements. She recommended that the applicant provide additional information regarding the use of the most northerly portion of the parcel and the purpose of Outlot B. Mark Gronberg and Jim Deanovic were present. Gronberg stated that the northern most lot line is where Highway 12 is proposed to run. Outlot B is for access to the northern most lot. He said there is a platted road that runs along the west side of the property. Stoddard asked how access would be provided to the undeveloped lots to the west of the proposed subdivision. Gronberg said that the platted road that runs between the proposed subdivision and the undeveloped lots was probably intended to provide the access or they could gain access from Orchard Park Road. Stoddard stated he is comfortable with the plan as long as the platted road along the west side remains in the plan. IllLindquist stated that he is comfortable with the plan. McMillan said she is also comfortable with the plan. PLANNING COMMISSION COMMENTS (#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON NOVEMBER 23, 1998, DECEMBER 14, 1998,AND JANUARY 11, 1999 Smith noted that on January 11th the Council reviewed the Rebers/Service 800 application and there are issues with the access. Van Zomeren stated that Mn/DOT had given preliminary approval to the access as a quick right turn, but then denied approval for that access. Mike Gaffron has been working with the project manager for that proposal and also Mn/DOT to resolve the issue. Smith noted that there is a published schedule of Council members who will attend the Planning Commission meetings. Smith said that the City has asked for an extension to provide an updated Comprehensive Plan to the Metropolitan Council. She asked staff if the Planning Commission will be involved in updating the Comprehensive Plan. Van Zomeren replied that Mike Gaffron will be devoting his time to completing the Comprehensive Plan. She said she is not sure how the Planning Commission members will be involved. • Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 Schroeder asked Bob Sansevere, Council Member, to what degree the Council plans to involve the • Planning Commission in updating the Comprehensive Plan. Sansevere replied that he does not know. He suggested that the Planning Commission and City Council have a joint meeting to discuss the Comprehensive Plan. (#12) OTHER ISSUES FOR DISCUSSION Stoddard requested that minutes from previous meetings regarding properties to be discussed be included with the staff reports. Stoddard asked if the Planning Commission could address some straight forward issues by opening them for public comment at the beginning of the meeting and then acting on them all together. Sansevere said he will bring it up with the City Council. (#13) PLANNING COMMISSION APPROVAL OF MINUTES FOR NOVEMBER 16, 1998 Lindquist moved, McMillan seconded, to approve the minutes of the November 16, 1998 Regular Planning Commission meeting. VOTE: Ayes 5, Nays 0. (#14) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JANUARY 25, 1999 AND FEBRUARY 8, 1999 • January 25, 1999-Schroeder February 8, 1999- McMillan (#15) OTHER BUSINESS Smith stated that she, Lindquist and Stoddard will not attend the February 16, 1999 Planning Commission meeting. ADJOURNMENT Schroeder moved, Stoddard seconded, to adjourn the meeting at 11:05 p.m.VOTE: Ayes 5, Nays 0. Sandra Smith, Chair 4110 Page 17