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HomeMy WebLinkAbout03-15-1999 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 ROLL IIIThe Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, Dale Lindquist, Lili McMillan, Elizabeth Hawn, and Charles Schroeder. Commissioner Janice Berg and William Stoddard were absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Senior Planning Coordinator Mike Gaffron, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:35 p.m. OLD BUSINESS: (#1) #2227 GARY TUCKER, 3466 IVY PLACE -VARIANCE Gary Tucker, Applicant,was present. Van Zomeren stated the Applicant applied for a variance in 1997 to make improvements to the existing residence. One of the proposed improvements involved covering a porch that encroached into the required side yard setback. The requested variance was approved and the Applicant applied for a building permit within the allowable time period. It was later determined by the Applicant that the proposed improvement to the roof of the porch would need to be revised to alleviate ice dam concerns. City Staff recommends approval of the requested design change to retain the previously granted variance. Van Zomeren stated City Staff has not received any comments from the neighbors regarding this application. • Tucker remarked he has spoken with his neighbors on the north side who have stated they have no objections to the new plan. There were no public comments. Hawn moved, Lindquist seconded,to recommend approval of Application#2227, permitting a revised version of the roof design in conjunction with the variance application approved in 1997 for property located at 3466 Ivy Place. VOTE: Ayes 5, Nays 0. (#2) #2451 LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD -VARIANCES Lyle and Gretchen Shaw, Applicants, were present. Gerald Roelofs, Contractor,was also present. Weinberger stated the Applicants appeared before the Planning Commission in January of this year requesting variances to permit the addition of a garage and living space to the existing residence. The Planning Commission at that time recommended approval of the variance to permit additional hardcover based on the condition that the Applicants reduce structural coverage on the lot to 15 percent and on the condition that the Applicants submit a drainage plan that is acceptable to City Staff. The Applicants have submitted a revised plan to conform to the allowable structural coverage, but the revised plan requires an additional variance to raise the roof of the house within the 0-75' III Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#2) #2451 LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD—VARIANCES -(continued) lakeshore setback and within the average lakeshore setback. The original plan did not propose any changes to the building within the 75'lakeshore setback. The revised plan is proposing to raise the roof six feet above the existing roof line, which would increase the 1/2 story to a full story. Weinberger stated the neighbors to the south had expressed some drainage concerns and the Applicants are required to submit a grading and drainage plan for review and approval by City Staff. Roelofs presented some diagrams of the residence to the Planning Commission, and stated that it is their intention to increase the height of the walls to six feet/six inches to allow for more living space in the home. Chair Smith noted that this improvement will not increase or alter structural coverage and that no height variance is needed for this application. Weinberger stated he has received no comments from the adjoining property owners. Roelofs stated he is working with the neighbors to address their drainage concerns. McMillan inquired whether there are any problems anticipated with the present foundation of the structure. Roelofs stated to his knowledge this is a very well built house and the foundation should be fine. Lindquist moved, McMillan seconded,to recommend approval of Application#2451, III1750 Shadywood, as submitted, subject to submittal of an acceptable drainage and grading plan. VOTE: Ayes 5, Nays 0. (#3) #2457 PAULA AND DAVID LINDBERG, 1392 BALDUR PARK ROAD -VARIANCES AND CONDITIONAL USE PERMIT Paula and David Lindberg, Applicants, were present. Van Zomeren stated this application was reviewed at the February, 1999 Planning Commission meeting where it was suggested that the Applicants revise their proposal to limit structural coverage to 15 percent and reduce hardcover. Van Zomeren stated this residence lies within the LR-1 B district,which has a minimum lot size of one acre. This lot is comprised of.729 acres, is located on a penisula and has two lakeshore setback areas. The Applicants have submitted a revised plan which reduces hardcover from 33.44 percent to 32.33 percent, or a reduction of 170 square feet, by proposing to attach the garage to the residence. This revised plan does bring structural coverage into compliance, but a variance will need to be granted to hardcover in the 0-75'setback on the Baldur Park side to permit a driveway. The Applicants are proposing 7.32 percent hardcover in the 0-75'setback to construct a driveway. The Applicants are not requesting hardcover in the 0-75'setback on the north side of the property. Van Zomeren stated no comments have been received from the adjoining property owners regarding this application. III Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 (#3) #2457 PAULA AND DAVID LINDBERG, 1392 BALDUR PARK ROAD -VARIANCES AND CONDITIONAL USE PERMIT—(continued) Lindberg stated a hardship exists due to the two 0-75' lakeshore setback areas. Chair Smith commented that the Planning Commission appreciates the revisions to the plan to bring the structural coverage into compliance, but in her view the Applicants should attempt to further reduce hardcover to the existing 29 percent or the allowable hardcover limit of 25 percent. Smith stated that the Planning Commission's view is that new structure should meet the 25 percent hardcover limit whenever possible. Lindberg noted that they have pulled the house back from the lake. Smith suggested that the Applicants take another look at possibly reducing hardcover in the 75-250'setback. Hawn indicated she would prefer the Applicants limit hardcover closer to 25 percent and would allow the 810 feet necessary for the driveway in the 0-75'setback area. Hawn inquired if the residence meets the allowable 25 percent and the driveway is factored in, how much the total hardcover would be. Van Zomeren stated the hardcover would be over by 302 square feet if the driveway is not factored in. McMillan stated she is in agreement with Hawn in that the Applicants should reduce hardcover • closer to the 25 percent limit, and that the Applicants may want to look at reducing or eliminating the porch in order to lower hardcover. Lindquist commented the Planning Commission is looking for the Applicants to reduce hardcover by 302 square feet. Van Zomeren indicated the Applicants will need to lower structural coverage to 4600 square feet. Schroeder indicated the Applicants are proposing to reduce hardcover in the 0-75'setback by moving the house. Lindberg stated he would be willing to look at ways to further reduce hardcover. Hawn stated the application should be reviewed by the Planning Commission after the revisions are made since it will require changes to the design. There were no public comments. Smith indicated that in her view the Applicant should reduce hardcover to at least 30 percent in the 75-250' setback and leave the other hardcover as is. Smith noted that the Applicants have been a significant improvement in the 0-75'setback by moving the house away from the lake. Smith stated the Applicants will need to appear before the Planning Commission again to have the revisions reviewed. Van Zomeren stated the next Planning Commission meeting is set for April 19th, and if the application is approved, then it would go to the April 26 City Council meeting. • Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#3) #2457 PAULA AND DAVID LINDBERG, 1392 BALDUR PARK ROAD -VARIANCES AND CONDITIONAL USE PERMIT—(continued) Hawn inquired whether a conditional use permit is necessary for this application. Van Zomeren stated the final resolution will need to have language included which spells out that some work will be done in the 0-75'setback to remove the old foundation and to put the grade back to what was existing. Van Zomeren stated a grading and drainage plan will need to be submitted. Lindberg inquired if he reduces the garage by 260 square feet, whether that would satisfy the Planning Commission's concerns. McMillan stated the Applicant should attempt to reduce it by 300 square feet. Hawn indicated she was in agreement with McMillan. McMillan stated the Applicant should review the application very closely and not make a quick decision tonight. Smith stated it appears the consensus of the Planning Commission is to have the Applicants reduce structural coverage to 30 percent. Smith inquired whether the Applicant would be willing to table this application for a month in order to allow him time to submit revised plans. • Lindberg indicated he would be willing to table the application. Schroeder moved, Lindquist seconded,to table Application#2457, 1392 Baldur Park Road, to allow the Applicant time to revised plans reducing structural coverage to 30 percent. VOTE: Ayes 5, Nays 0. (#4) #2458 PROPOSED ZONING AMENDMENT: LR-1C-1 DENSITY CREDIT Gaffron stated the Planning Commission had reacted favorably to eliminating the 50 percent density credit in the LR-1 C-1 district at their February meeting. It was further suggested that retention of the ability in LR-1 C-1 to create attached dwelling units would enable clustering and the preservation of trees and green space that is not possible in the LR-1C zone. Elimination of the 50 percent credit without retaining the ability for attached units would remove any distinguishing characteristics between the LR-1C and LR-1 C-1 Districts. In this case, it would be most appropriate to eliminate the LR-1 C-1 designation from the zoning code, and rezone all LR-1 C-1 properties to LR-1C. City Staff would like to see the hardcover standards amended in the LR-1 C-1 zone to keep the code consistent if the City decides to keep this zone. Gaffron stated that the City has received a letter from Paul Larson who has indicated that he is in opposition to the proposed elimination of the 50 percent density credit because it will reduce the value of his property by eliminating 1/3 of the potential dwelling units he might be allowed under the current code. • Chair Smith inquired whether there were any public comments regarding this amendment. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#4) #2458 PROPOSED ZONING AMENDMENT: LR-1C-1 DENSITY CREDIT—(continued) Nancy Mead, 30 Interlocken Lane, inquired whether this item could be tabled in order to allow her brother, Paul Larson, to attend the meeting to express his concerns regarding the proposed amendment. Mead indicated her brother will be out of town for the next few days. Monica Brown, Brown Road South, stated she had a question regarding clustering. Smith stated that is one option that could be utilized. Gaffron stated that any property that took advantage of the PRD standards would have to cluster. If the resident chose to do a straight subdivision, you could have 1/2 acre lots under the proposed ordinance without having to cluster. Gaffron remarked that this proposed zoning amendment only affects the LR-1C-1 district,which is less than 30 acres. Hawn inquired if you have to do either a PRD or a subdivision so that you cannot take a two acre lot and have a three unit building with a single home. Gaffron stated if you take a two acre site, such as the Larson property, under the standard 1/2 acre zoning, you could potentially construct four units, but under standard plat, you have to exclude the area of the road, so it's likely that you would only have three units. Under a PRD, under the proposed zoning, you can have two attached units, but you cannot have a single unit under this zoning amendment. Hawn stated she was in favor of option one, but had some concerns that Larson was not in attendance at tonight's meeting to express his views. Hawn inquired whether compensation is IIIavailable to those property owners who would be affected by this ordinance. Gaffron stated the City has not offered compensation to property owners affected by zoning changes in the past. Schroeder remarked that this zoning amendment is not directed at any single piece of property. McMillan inquired whether he would be able to attend the March 22 City Council meeting. Mead commented that she expected her brother back in two to three days and that he should be able to attend Monday's meeting. Gaffron stated if the Planning Commission takes action on this item tonight, it will be presented to the City Council at the March 22 meeting. Lindquist moved, McMillan seconded, recommending that District LR-1C-1 be amended to eliminate 50 percent density credit but allow attachment of units via PRD to remain, adding Shoreland reference and revising hardcover standard. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#5) #2444 BRIAN AND SUSAN SCHEBLER, 1354 REST POINT CIRCLE -VARIANCE, 7:33 p.m. -8:02 p.m. Brian and Susan Schebler, Applicants, were present. III Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#5) #2444 BRIAN AND SUSAN SCHEBLER, 1354 REST POINT CIRCLE -VARIANCE, 7:33 p.m. -8:02 p.m.—(continued) Weinberger stated the Applicants are requesting an after-the-fact variance to permit a detached, ground level deck located on the lakeside of the residence. The deck is located 86 feet from the Ordinary High Water Level of Lake Minnetonka. Weinberger stated a number of permits were issued in 1989 to allow for a large addition to the home in 1989. Following a recent survey by Gronberg, it was determined that some hardcover that was requested to be removed at that time was still existing. Approval was subject to the previous property owners removing a gravel parking area on the property and reducing the size of the driveway. City Staff recommends that the gravel parking area located on the north part of the property remain in that it is used for parking by the home owners and provides an area for snow storage. The rock located around the driveway protects this portion of the property from erosion as much of the drainage in this area follows the slope. This is a difficult area to maintain due to the steep slope that exists. Weinberger stated the hardcover worksheets completed by the surveyor include areas that were called hardcover but under definition are not necessarily hardcover because a plastic underlayment does not exist. One area is located near the driveway and the second area is located in front of the house on the lakeside. Staff is not recommending that the Applicants remove any of this hardcover since it protects the area from erosion. Weinberger noted that the hardcover in the 75-250'setback comprises 30.24 percent,which still requires a variance. • Weinberger stated all other lot requirements are met by the proposal and is not subject to average lakeshore setback. The Planning Commission needs to determine whether this type of development would have been approved if the Applicants had obtained the appropriate permits before construction of the deck. City Staff is recommending approval of the after-the-fact variance due to the hardship that exists on the property in that much of the hardcover that exists on the property is necessary for erosion control and some public purpose. Chair Smith inquired whether those two areas were the only two areas requested to be removed. Weinberger stated that the Scheblers have voluntarily removed some hardcover on the property. Smith inquired whether back in 1989 any other hardcover was supposed to have been removed that has not been. Weinberger stated just the driveway and the rock were requested to be removed. Schebler stated they have been attempting to clean up the property and reduce hardcover. Smith inquired whether there should be a condition that no additional hardcover be allowed on this property. Hawn stated she has a problem with this application and that hardcover needs to be further reduced. Hawn remarked she would not have granted a variance to allow the deck and would ask that the Applicants remove the deck. • Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#5) #2444 BRIAN AND SUSAN SCHEBLER, 1354 REST POINT CIRCLE -VARIANCE, 7:33 p.m. -8:02 p.m.—(continued) McMillan stated she was in agreement that the hardcover needs to be reduced. Schroeder stated he was not in favor of this application. Schebler stated a lot of hardcover has already been removed, with the deck being designed to allow the water to seep into the ground. Schebler indicated he will continue to reduce hardcover on this lot wherever possible. Schroeder commented that most of what Schebler has removed has not been counted in the hardcover figures. Mrs. Schebler stated they were told they could have a deck on the property. Smith commented that it appears the Planning Commission is recommending that the deck be removed. Mrs. Schebler stated that they could perhaps remove the rock around the house. Smith inquired whether this application should be tabled to see if additional hardcover can be removed. Schebler stated the driveway probably cannot be reduced. • Lindquist commented he has a problem with using gravel as a tradeoff. Weinberger remarked there may be some confusion over the fact that there are other times when garages and decks are granted, but there is nothing in the code that states that a garage or a deck would be granted simply because a lakeshore property is without one. Schebler remarked he would be willing to have this application tabled and meet with City Staff in an effort to reduce hardcover. There were no public comments. Schroeder moved,Smith seconded, to table Application#2444, 1354 Rest Point Circle, to allow the Applicants time to reduce legitimate hardcover by a minimum of 900 square feet. VOTE: Ayes 5, Nays 0. (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650, 660, 670, 680 BID ISLAND, LOT LINE REARRANGEMENT, 8:03 p.m. -8:22 p.m. Chris Pierson, on behalf of the Applicants, was present. Weinberger stated the Applicant is requesting a lot line reararngement and lot combination for lots located at 650-660-670-680 Big Island. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. • Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650, 660, 670, 680 BID ISLAND, LOT LINE REARRANGEMENT, 8:03 p.m. -8:22 p.m.—(continued) The Applicants are proposing to combine Lots 3, 4 and one-half of Lot 5 to create one tax parcel on Big Island, and the center lot would be split and added to the 650 lot. Weinberger remarked the main issues to address would be the future of the existing cabin located on Lot 5. Fire Code does not allow a structure to exist this close to the property line. There are also exists some zoning code requirements which would require variances to be granted to allow a residence to be located this close to a lot line, and a conditional use permit would be necessary to allow a guest cabin. Currently City Code does not allow two principal residences to be located on one lot. The Applicants are proposing to keep the existing cabin, which Staff cannot support, and Staff has stated the cabin on Lot 5 shall be removed prior to the filing of the subdivision with Hennepin County. The State Building Code does not allow buildings to be located within three feet of property boundaries. Weinberger stated this proposed lot line rearrangement would reduce density on Big Island and the eventual removal of structure and hardcover and returning the area more to its natural appearance. Currently the cabin located on Lots 5 and 6 shares a well located to the south, which would be moved to 650 property should the lot line rearrangement be approved, and also shares a septic system serving the property at 670. Staff is requesting that the septic lines be capped, and the proposal would be one septic site for one residence. Staff is also requesting that the easements and any other agreements relating to the well and septic systems be vacated and eliminated. At the time this was platted, there would not have been drainage and utility easements • to vacate over the old property line, but Staff is requesting that there be five feet on each side of the interior property line and ten feet across the rear of the property line for drainage and utility easements. Staff is recommending approval of the lot line rearrangement to create the two tax parcels with Lots 3, 4, and 5 making up one parcel, and Lots 6, 7, and 8 making up the other parcel. Staff is requesting that the cabin located on Lot 5 be removed, along with the deck, stairway, sidewalk, and removal of the shed, prior to the filing of the subdivision with Hennepin County. Staff is also requesting that title opinions be delivered to the City for Lots 3 through 8. Pierson stated the property was acquired from Betty Fisher who had requested at the time of purchase that the cabin remain for a period of time due to sentimental reasons, which was agreed to by Bryson and Johnson. Chair Smith inquired what the use of the cabin will be should it remain on the property. Bryson indicated that they have no intentions on utilizing the cabin and are willing to remove it in two to three years. Johnson stated, if possible, they would like the cabin to remain for the next five years, but if the Planning Commission decided otherwise, they would be willing to remove the cabin. There were no public comments. Lindquist indicated he would be agreeable to allowing the cabin to remain on the property for two years. • Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 II (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650, 660, 670, 680 BID ISLAND, LOT LINE REARRANGEMENT,8:03 p.m. -8:22 p.m.—(continued) Smith commented that the only issue with this application appears to be the cabin. Weinberger remarked that City Staff does have concerns regarding enforcement should the cabin not be removed. Pierson stated the City could require that the cabin be removed, and if not, a court order for its removal could be issued. Lindquist commented a bond could be required at a reasonable cost. It was the consensus of the Planning Commission to allow the cabin to remain for two and a half years. Lindquist moved, McMillan seconded, recommending approval of Application#2461, 650, 660, 670, and 680 Big Island, subject to removal of the cabin located on Lot 5,along with the deck, stairway, steps and shed within the sideyard setback, within the next 30 months, filing of the subdivision be completed shortly after approval by the City Council; further subject to vacation of the utility,well, and drainage easements shortly after approval by the City Council of the lot line rearrangement,with the appropriate drainage and utility easements being granted to the City as requested by City Staff, and a title opinion will be completed and a copy provided to the City prior to filing of the subdivision. This approval is also based on the understanding that the cabin located on Lot 5 will not be used during the next 30 months. VOTE: Ayes 5, Nays 0. • Schroeder requested that the Applicants draft the appropriate agreements subject to review and approval by the City Attorney. (#7) #2462 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND -VARIANCE, 8:25 p.m. -8:37 p.m. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a lot area variance to create a buildable lot on Big Island. The existing lot is 4.3 acres where 5 acres is the minimum lot size for building. Weinberger stated access to the lot is an issue, noting that there are a number of platted right-of-ways within Big Island, which would allow access to the lot. In 1983, most lots on Big Island were granted automatic lot area variances when the island was rezoned to RS. The previous property owner never filed their application to have their automatic lot area variance granted, making it a record lot, and the time period has expired for a free automatic variance. Staff recommends approval of the variance to permit 220 Big Island to be a buildable lot, and to waive the one year expiration for the variance. Weinberger stated the main issue is access to the lot for docking rights. It should be noted that City Code requires that docks on Big Island are for the use of the owners and their guests and not to be loaned or rented for money. If the Applicant requested dock space, a permit would need to be issued by the City Council. • Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 (#7) #2462 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND -VARIANCE, 8:25 p.m. -8:37 p.m.—(continued) City Staff is also requesting that an existing cabin, which is currently in ruins, be removed prior to construction prior to any building permit being issued. Lovelace stated an agreement exists where restricts construction on the north area of the property, noting he is willing to remove the old cabin that currently exists on the parcel. Weinberger remarked that an easement granted by the previous property owner as a conservation area to the north to avoid any new structure being constructed in that area, and the Applicant has agreed to file a copy of the easement with the City and have it placed it on the title. Lovelace indicated at this time he does not have an intention to store boats on Big Island, but would like to have a permit issued to have a dock on the property. Weinberger stated the previous owner did have dock rights with the neighboring property owner, which was grandfathered in. Schroeder indicated that access to this lot should be granted before approval of this application is given. Lindquist indicated he would be willing to approve this application subject to access being granted by the City Council. • Schroeder suggested that this application be tabled until access is obtained. Lovelace indicated he will not be obtaining any building permits unless access is obtained. Chair Smith inquired whether there were any public comments concerning this application. Gerald Walsh, 180 Big Island, commented that there are three public accesses available. Smith remarked that the residents are not allowed to leave their mode of transportion on the public right-of-way. Rodney Minnich, 340 Old Crystal Bay South, commented that the Applicant could buy an aquatic car. Smith stated the issue is that the residents cannot leave their mode of transportation on public land. McMillan inquired whether there were suitable septic sites available. Lovelace commented that the septic inspector has found three or four sites which will probably be suitable for his use. Lovelace stated a mound system would be required if he builds in excess of 800 square feet. Hawn moved, McMillan seconded,to recommend approval of Application #2462, granting of a lot area variance to create a buildable lot at 220 Big Island, subject to access being obtained and septic issues being resolved. VOTE: Ayes 5, Nays 0. • Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#8) ROBERT ERICKSON, 364 and 372 WESTLAKE STREET, LOT LINE REARRANGEMENT, 8:38 p.m. -9:10 p.m. Robert Erickson, Applicant, along with Mike Cronin, were present. Weinberger stated the Planning Commission reviewed the sketch plan for the proposed lot line rearrangement at their November, 1998 meeting. The Applicant has revised the plans slightly. Currently Lot 9, the 364 property, is a narrow parcel consisting of.65 acres, and the property located at 372 Westlake Street consists of 2.01 acres, which makes it a conforming lot. 372 Westlake Street has a residence currently situated on it, which is being occupied at the present time, along with two guest cabins. The lot was assessed for only one sewer unit although it does contain the three separate dwelling units. The property currently is not hooked up to sanitary sewer, and the owners have indicated that they will hookup to sanitary sewer upon approval of their application. Staff is recommending approval of the lot line rearrangement as proposed on the survey subject to the Applicant granting easements 10 feet along the exterior property lines and five feet along interior property lines; removal of all existing structures on both the 364 and 372 Westlake Street prior to the filing of the lot line rearrangement; the on-site sewage treatment system located on the 372 lot be removed and the grade restored to the existing conditions shown on the survey; granting of variances for both lots for lot area to create buildable lots; and that the property located at 372 Westlake Street pay a SAC fee and connect to sanitary sewer. Mike Cronin requested that the Planning Commission implement the previous approval subject to City Staffs recommendations. • There were no public comments. Hawn indicated she has a problem with taking a conforming lot and making it non-conforming. Smith indicated there is an issue regarding sewer. Hawn inquired whether the assessment has ever been paid for the hookup. Cronin indicated that the assessment has been paid but not the SAC charge. McMillan stated the lot should not require further building variances and creates a workable building pad. Lindquist commented that perhaps the condition that no further variances will be granted on this property. McMillan moved to recommend approval of Application #2465, 364 and 372 Westlake Street, for a lot line rearrangement subject to City Staffs recommendations #1-5 outlined in their March 4, 1999 memorandum, granting of a lot area variance and average lakeshore setback to allow both lots to be developed without further Planning Commission and City Council review; and further subject to the residence being removed by October, 1999. Erickson stated the previous owner has the right to occupy the residence until October of this year. Cronin indicated the Applicant would like to keep the residence until the lot is sold. Cronin stated they would be willing to remove all structures at 372 Westlake Street as soon as the Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#8) ROBERT ERICKSON, 364 and 372 WESTLAKE STREET, LOT LINE REARRANGEMENT, 8:38 p.m. -9:10 p.m.—(continued) appropriate arrangements are made. Weinberger stated the proposal would create a front and back lot subdivision, and no agreement has been reached with the Applicant regarding access. It is the City's position that the alley leading to the lake should not be vacated. McMillan inquired whether it was currently being used as access. Weinberger stated it is not. McMillan suggested that the City make improvements to this road and retain rights to it. Cronin stated that they are willing to take out the old blacktop at their expense and landscape that area if the City Council so desires, but at this time they would like to proceed forward with the lot line rearrangement. Schroeder commented that now is the time to discuss how access for emergency vehicles will be gained. Weinberger stated a cul-de-sac would be preferred by City Staff if an agreement can be reached. Erickson remarked that he has recently purchased the adjoining property consisting of.44 acres. • Smith suggested that City Staff look at this situation and come up with some options for a driveway. Schroeder inquired whether this was an acceptable agreement with the Applicant. Cronin stated they are trying to avoid variances if possible and would like the Planning Commission to approve the lot line rearrangement. Smith stated approval should be contingent upon City Staff and Applicant agreeing to some dimensions for the cul-de-sac. McMillan amended her motion to include, subject to City Staff review and approval of an acceptable agreement regarding access. Motion was seconded by Lindquist. VOTE: Ayes 5, Nays 0. (Recess taken from 9:10 p.m. -9:16 p.m.) (#9) #2466 JAMES RENCKENS, HAVING AN INTEREST IN 3020 WATERTOWN ROAD, 2 LOT SUBDIVISION, 9:16 p.m. -10:27 p.m. John Winston, on behalf of the Renckens, was present. Van Zomeren stated the Applicants are proposing to subdivide an 11.94 acre parcel into two lots. Lot 1 consists of 8.43 acres, with 7.30 acres being dry, and Lot 2 consists of 3.51 acres,with • 2.73 acres being dry. Lot 1 is considered a flag lot, subject to back lot standards. Lot 2 is a front Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#9) #2466 JAMES RENCKENS, HAVING AN INTEREST IN 3020 WATERTOWN ROAD, 2 LOT SUBDIVISION, 9:16 p.m. - 10:27 p.m.—(continued) lot. Both Lots 1 and 2 are proposed to have access onto Watertown Road. This subdivision is unique in the fact that one lot is platted in an east/west direction and the other lot is platted in a north/south direction. Van Zomeren stated the Park Commission has recommended accepting a park dedication fee in lieu of land for this subdivision. The Hennepin County Assessor has been asked to review the proposal and determine the fair market value of the undeveloped land. Steve Weckman has evaluated the proposed septic locations and has determined that a variance for the location of the drainfield will be required. Van Zomeren remarked that a barn currently situated on the property will need to be removed. Tom Kellogg, City Engineer, has revised his letter so that the City's stormwater management plan, which calls for an 18 inch storm sewer to be installed on this property, the recommendation for a drainage easement across the property has been eliminated. The needed easement has been determined to be located further east than what Kellogg had originally determined. Kellogg has also expressed concerns regarding a 30 foot corridor off of Lot 1, which needs to be determined if that is appropriate, and there is a need for a 33 foot right-of-way to be dedicated for Watertown Road. The Applicant will also need to submit a grading and drainage plan for the site. • Kellogg is recommending that a stormwater management pond be constructed as well. Van Zomeren stated the issues before the Planning Commission involve making a determination that the flag lot with the 30 foot lot is acceptable or should an outlot be created, and the location of the stormwater management pond needs to be determined. Chair Smith inquired why the back lot is just one lot and whether that lot will be subdivided in the future. Van Zomeren stated it was her understanding that the Applicant wished to construct a home on this site. If the Applicant wished to create two back lots, they would each have to comprise three acres, minus the area needed for the pond and minus the land potentially for the outlot, the total parcel would consist of approximately 6.9 acres. Smith commented that there are some options that should be mentioned if the Applicant wished to pursue another route. Winston stated Mr. Renckens is out of town on business and is unable to attend tonight's meeting. Winston commented that he was not sure what the creation of an outlot would accomplish, noting that the Applicant is proposing to construct a house on the back lot and sell off Lot 2. The Applicant would prefer that the roadway not be extended across his land, noting that the road would interfere with the buildability of Lot 2. Winston noted that the subdivider of Crystal Creek had the obligation to construct the roadway and it is not the obligation of the City. Alan Carlson, 3125 Fox Street, stated he was the former developer of Crystal Creek and there are two promises that are before the Planning Commission. One, the City promised to develop a network of roads in this area with the understanding that the roads would eventually become Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#9) #2466 JAMES RENCKENS, HAVING AN INTEREST IN 3020 WATERTOWN ROAD, 2 LOT SUBDIVISION, 9:16 p.m. - 10:27 p.m.—(continued) necessary as the City becomes developed. Two, the owner of the land to the north was promised an extension of the roadway across the northern half of this property. Carlson indicated he is not aware of the document that Winston was referring to when he referenced the fact that the subdivider is responsible for construction of the roadway. Carlson remarked that MNDot is in the process of taking approximately four acres of his land, which will make the lot too close to the highway, and his intention is to possibly donate the rest of the land to the City to try to offset the capital gain. Carlson expressed a concern that access needs to be provided, especially in light of the promises that are well established in the record. McMillan noted that the resolution was approved in 1997. Van Zomeren stated that because the layout of Highway 12 was not determined in 1991, each year. Mr. Carlson renewed his interest in the subdivision,with the final layout being determined in 1997. Van Zomeren indicated in her view the drainage and grading issues can be resolved. Smith commented that one of the significant issues facing the Planning Commission is the future access to Lot 1 and whether an outlot will be necessary. Smith noted that the City has required outlots in the past, so that would be a consistent policy of the City that could be pursued. • Van Zomeren stated the size of the back lot is more than double the minimum three acre requirement. Smith stated if this parcel is subdivided in the future, there will be some issues that will need to be addressed. Lindquist inquired whether an outlot needs to be created for road division. Van Zomeren remarked that the code discourages the use of flag lots, and in her view this lot should be defined as a flag lot/back lot. McMillan inquired whether with a flag lot an outlot needs to be created on the back lot. Van Zomeren commented that is one issue that is before the Planning Commission. Gaffron stated if the Planning Commission determines the northerly lot to be a back lot, City Code does not allow for the creation of the back lot without the 30 foot outlot. Smith stated in her view the northern access should be looked at rather than creating a narrow strip, and consideration needs to be given to the location of the septic site. Smith commented that perhaps access off of Watertown Road is one viable option for this development, or coming off the cul-de-sac at Crystal Creek. Van Zomeren stated an administrative variance will need to be granted for the septic system due to the closeness of the site to the stormwater drainage pond. Van Zomeren remarked that she has not considered access off of the cul-de-sac at Crystal Creek as a legitimate access point but rather considered access off of Watertown Road. If the Planning Commission determines that Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#9) #2466 JAMES RENCKENS, HAVING AN INTEREST IN 3020 WATERTOWN ROAD, 2 LOT SUBDIVISION, 9:16 p.m. -10:27 p.m.—(continued) access to that one lot will be allowed off of Crystal Creek Road, then the preliminary and final plat resolutions for Crystal Creek need to be amended. Van Zomeren noted that if an easement is granted through the Crystal Creek subdivision, City Council needs to approve an amendment to the subdivision. Lindquist commented that it was his understanding Crystal Creek Road was a private road and that the City does not have the ability to grant access off of that road. Schroeder stated if access cannot be provided, then the subdivision will have to be denied. Lindquist remarked that without approval for the private road, the Planning Commission really has no other option but to consider what is being presented tonight, which is a flag lot. Hawn remarked that without knowing the exact location of the septic system, it is difficult to approve this application. Dwight Post stated he is intending to purchase the lot in front, and he is not sure why the northern outlot was not provided for in the first place by the Crystal Creek developer. Post remarked in his opinion there are a lot of issues that are not in compliance now and the developer should have been made to comply with the codes. Carlson commented he does not prefer the plan that is being proposed by Renckens, and the City needs to look at a long-range plan for ponding and roadways. 111 Winston remarked that the minutes reflect that the subdivider is responsible for access, and in his view the access to Carlson's northern property next to Highway 12 will ultimately come out to Crystal Bay Road. Carlson stated it is doubtful that a road will be able to be constructed along the northerly portion of the lot. Van Zomeren stated the septic site is 58 feet from the storm water management pond where the requirement is 75 feet, and 13 feet from the driveway where the requirement is 20 feet. The southwest corner of the septic site is approximately three feet from the property line. The driveway needs to be located ten feet from the Crystal Creek subdivision and ten feet from the front lot and be located in the middle of the lot,which would leave it 13 feet from the septic site. Post stated that Weckman had mentioned that the septic site could be slightly altered. Smith remarked that the septic site will need to be reviewed by City Staff. Gaffron stated the comprehensive plan and City's actions and policies are centered around corridors for future connection of roadways. Gaffron stated it has been City's Staffs view that it is good planning to place a roadway across the northern portion of this property and that the Planning Commission could mandate that as part of the approval process. Van Zomeren commented it is presently platted as a flag lot, and Orono's subdivision ordinance says that it should be platted as an outlot. The outlot access can be platted at 30 feet since it will serve as a driveway for potentially one or two residences. • Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#9) #2466 JAMES RENCKENS, HAVING AN INTEREST IN 3020 WATERTOWN ROAD,2 LOT SUBDIVISION, 9:16 p.m. - 10:27 p.m.—(continued) chroeder remarked that the northern 50 foot outlot extending the road should be platted even if it is not going to be built at this time, noting that the City's map shows all kinds of platted roads that are not presently constructed. Schroeder stated he would be willing to keep the access at 30 feet to accommodate the septic site and that now is the time to plat the access. Hawn commented she has a problem with granting variances to septic systems in a new development. Gaffron stated the septic inspector is authorized to grant an administrative variance if he determines it to be appropriate. Steve Koehler, a resident in Crystal Creek Subdivision, commented he is in favor of this proposal and would rather not see the back lot served by Crystal Creek Road. Koehler inquired whether the minutes could reflect the Planning Commission's desire to have the second possible back lot serviced from the 30 foot access road. Smith commented in her opinion it is not up to this Planning Commission to determine that. Schroeder moved, Lindquist seconded, to approve Application#2466,3020 Watertown Road, permitting a Class II Subdivision as outlined in City Staff's March 2, 1999 memorandum, • subject to a 30 foot outlot being platted to permit access to the flat lot(Lot 2), and further subject to City Staff review and approval of a satisfactory septic system and grading and drainage plan. This approval is based on the understanding that if the septic system is not approved, then this application will be denied. VOTE: Ayes 5, Nays 0. (#10) #2467 BOHLAND DEVELOPMENT, HAVING AN INTEREST IN 1025 BROWN ROAD SOUTH, CLASS III SUBDIVISION, 10:28 p.m. -11:02 p.m. Steve Bohland, Bohland Development,was present. Van Zomeren stated the Applicant is proposing to subdivide a 45.1 acre parcel lying between Willow Drive South and Brown Road South into six parcels for a single family residential development. This parcel is currently zoned RR-1 B, One Family Rural Residential,with a two acre minimum requirement. Van Zomeren commented that the wetland setback is an issue and may require a variance to grade or fill within 26 feet of the wetland. The subdivision will also require a conditional use permit for grading within five feet of the property line to create a driveway for Lot 1. Currently there are three tax parcels on this property, with a 50 by 200 foot strip of wetland along the east property line of the proposed subdivision being tax-forfeited in 1982 to the State of Minnesota. It was subsequently conveyed to the City of Orono for drainage purposes. Van Zomeren commented that City Staff does not feel this land is needed by the City and the parcel could be made available to the Applicant with the entire wetland area west of Brown Road South being included in a conservation and flowage easement agreement. IDVan Zomeren indicated that Lot 1 is the largest parcel with 20.8 acres total, with 5.7 acres dry Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#10) #2467 BOHLAND DEVELOPMENT, HAVING AN INTEREST IN 1025 BROWN ROAD SOUTH, CLASS III SUBDIVISION, 10:28 p.m. - 11:02 p.m.—(continued) buildable. Access is being proposed off of King Street,which will prevent this lot from being further subdivided. Lot 2 is a 9.3 acre parcel with 3.6 acres dry buildable; Lot 3 is 4.4 acres with 2 acres dry buildable; Lot 4 is technically considered a through lot because it has potential access from Brown Road; Lot 5 is proposed to be 2.4 acres with 2 acres dry buildable; and Lot 6 is proposed to be two acres of dry buildable land. In this proposal Lots 2, 3, 4, 5, and 6 will all have access off of a new private road from Willow Drive South. Lots 2, 5, and 6 have frontage on Willow Drive and access will not be allowed from these lots directly to Willow Drive. Lots 1 and 4 also have possible access to Brown Road,with Lot 4 not being allowed to have a driveway curb cut on Brown Road. Access to Lot 1 shall be from King Street. Van Zomeren stated the issues left to be resolved include the number of outlots that should be created, curb cuts, the stormwater management plan, and septic. Chair Smith inquired whether this was a sketch plan or a formal application before the Planning Commission. Van Zomeren stated this is a formal application and that a sketch plan review was previously held on this development. McMillan stated she has concerns regarding access off of King Street and that it might be more • appropriate to have an arrangement with the adjoining neighbor regarding access. Van Zomeren commented that the proposed preliminary plat has been sent to Wally Case, DSU landscape architect, for his review. The Park Commission had requested land for a buffer strip along Willow Drive to plant trees for screening of the houses from the road. However, Staff does not recommend that the City accept land for tree planting, because the subdivision ordinance does provide for the City to require buffering for shade trees every 40 feet. Van Zomeren stated Staff would like to have the landscape architect offer suggestions on how this buffer could best be achieved and meet the ordinance requirements as far as buffering, setbacks, and erosion control. Bohland commented they are proposing to construct a 12 foot wide driveway. Smith noted that a conditional use permit is required for grading within five feet of the property line and that the septic sites for Lot 5 will require an administrative variance. Van Zomeren stated that the septic site will be moved slightly which will eliminate the need for a variance. The Applicant will be required to submit a grading and drainage plan for review and approval by City Staff. The landscape architect commented that the southern part of the site, which is an open field with trees along the fence line, would be improved by the addition of shade trees. Mr. Case also suggests that the rear yard of Lot 4 along Brown Road and both sides of Carriage Road be planted with trees every 50 feet along the right-of-way. Van Zomeren stated Lot 2, which is a flag lot,will require approximately 150 feet of driveway, and Mr. Case has recommended that a buffer along that strip of driveway be considered. Van Zomeren remarked that the issues before the Planning Commission are access off of King Street,whether Lot 2 should be served by an outlot rather than a cul-de-sac, and then incorporation • of the City Engineer's comments as far as grading and drainage and utility easements are concerned. Page 17 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#10) #2467 BOHLAND DEVELOPMENT, HAVING AN INTEREST IN 1025 BROWN ROAD SOUTH, CLASS III SUBDIVISION, 10:28 p.m. -11:02 p.m.—(continued) McMillan inquired what the grade of the proposed driveway would be off of Willow. Bohland stated they are proposing a two percent grade down at the bottom and a 5.2 percent grade to the site,with another two percent grade at the end of the cul-de-sac. Van Zomeren stated that eight percent is preferred, but the City would allow a ten percent grade. Bohland commented regarding the setback to the wetland, they are proposing to construct a retaining wall in that area in order to meet the 26 feet setback requirement. Bohland stated there is a 10 to 1 bench on the stormwater drainage pond. Hawn inquired whether the retaining wall near King Street will remain. Bohland stated that retaining wall will remain. Bohland commented that putting two driveways side by side for access is not desirable and a better approach might be to add on six to eight feet to the driveway and then split the road where the topography begins to drop down, which should provide safe access out to Brown Road. Hawn inquired whether the driveway would be narrowed after the split. Bohland stated the driveway would be narrowed down to approximately 12 feet wide after the split, which should allow passage for two cars. Hawn inquired how long the driveway will be after it is split until it winds up at the residence. Bohland stated he would guess approximately 300 feet. Smith stated the issues before the Planning Commission are a conditional use permit for grading within five feet of the property line to create a driveway for Lot 1, a variance to grade within 26 feet of the wetland, and a variance to the septic sites on Lot 5. Van Zomeren remarked that what the developer is now proposing will not require a variance to the wetland setback or to the septic sites for Lot 5. Lindquist inquired whether the Planning Commission needs to determine which is the front lot and which is the back lot for Lot 2. Gaffron remarked that the line that says Outlot B, that is the front yard setback, but Staff would rather have it designated it as a side yard. Van Zomeren inquired whether the outlot is acceptable off of the cul-de-sac to serve Lot 2. It was the consensus of the Planning Commission that the outlot would be acceptable. There were no public comments. Lindquist moved, McMillan seconded,to recommend approval of Application#2467, 1025 Brown Road South, Class III Subdivision, to allow a conditional use permit for grading within • five feet of the property line,to identify a front lot/back lot on Lot 2 as shown in the diagram, Page 18 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#10) #2467 BOHLAND DEVELOPMENT, HAVING AN INTEREST IN 1025 BROWN ROAD SOUTH, CLASS III SUBDIVISION, 10:28 p.m. - 11:02 p.m.—(continued) subject to the recommendations outlined in the Landscape Architect's memorandum of March 14, 1999, and further subject to the right-of-way being from Brown Road south to King Street, and access for Lots 5 and 6 be prior to the cul-de-sac. VOTE: Ayes 5, Nays 0. (#11) #2468 BRUCE AND BETSY NUSBAUM, 3480 NORTH SHORE DRIVE -VARIANCES, 11:03 p.m. -11:37 p.m. Bruce and Betsy Nusbaum, Applicants,were present. Weinberger stated the Applicants are proposing to remove the existing residence located on the lot and construct a two-story house. The existing residence is a non-conforming structure as it is located on an undersized lot and encroaches into the required side yard setback. The house is located on a lot line. The new proposed structure would be placed to meet all required setback. Weinberger commented this property is located in the LR-1C district, One Family Lakeshore Residential District, which has a minimum of half an acre. This lot is comprised of approximately .22 acres. Weinberger stated at the rear of the property line there is located a two-car garage with an attached lean-to structure. The Applicants are proposing to retain that existing structure. Typically the zoning code does not allow any accessory structures to remain on a lot without a principal • building, and the Applicants are requesting a variance to allow this structure to remain on the property during construction. Weinberger remarked the proposed addition would raise the total structure above the allowed coverage for the lot for a total of 20.49 percent. The zoning code presently allows a maximum of 15 percent in structural coverage. Currently existing on the property is hardcover in the amount of 2,965 square feet, or 45 percent, and this proposal will reduce hardcover to 2,247 square feet, which is a significant reduction in hardcover but the structural coverage will increase on the property. Weinberger stated the curb cut on Birch Lane is presently 44 square feet, which will be reduced to meet the maximum of 20 feet allowed by the City. The proposed location of the house is also beyond the 75 feet required for structure from the lakeshore of Lake Minnetonka. Weinberger stated due to the high water table on this property, a basement will not be supported, which does pose a hardship. Weinberger noted the Applicants have explored other options of adding on to the present structure but the present foundation does not support any addition. Nusbaum stated the garage suffered storm damage last year and a new roof was put on the structure. Chair Smith noted that the Applicants are proposing to make significant reductions in the hardcover, but the Planning Commission likes to see new structure conform to the 15 percent structural coverage limit whenever possible. Nusbaum commented that this plan has been revised once already to reduce hardcover and his architect has recommended this size of structure to keep the residence within the character of the rest of the neighborhood. III Page 19 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 (#11) #2468 BRUCE AND BETSY NUSBAUM, 3480 NORTH SHORE DRIVE -VARIANCES, 11:03 p.m. - 11:37 p.m.—(continued) Mrs. Nusbaum stated they would like a house to comfortably accommodate a family of four, noting that the present structure was at one time an old cabin. Nusbaum commented they have looked at various options for this property in an effort to reduce hardcover. Chair Smith commented that the City is concerned about the possible impact the hardcover would have on Lake Minnetonka and that structural coverage should be closer to the limit of 15 percent. Hawn indicated she was in agreement with Smith. Hawn suggested that perhaps the garage could be incorporated somehow with the house, but as the proposal is presently before the Planning Commission, she would not be able to approve the application due to the high structural coverage. Nusbaum requested the Planning Commission take into consideration the improvements they are proposing to make to the existing hardcover. Hawn commented that the Planning Commission needs to remain consistent on the 15 percent limit, noting that many applications of this type appear before the Planning Commission. Schroeder remarked that the City needs to protect Lake Minnetonka whenever possible. Chair Smith inquired whether there were any public comments. Jim Daly, 3458 North Shore Drive, commented that in his view this proposal is not excessive and • the Applicants should not be penalized for their small lot. Mrs. Nusbaum commented that they would like to reach some type of agreement on the structural coverage. Lindquist stated whenever new structure is being proposed, the Planning Commission likes to have the Applicants hold to the 15 percent structural coverage limit. McMillan suggested that since some major improvements to hardcover are being proposed, that perhaps some flexibility could be given on the structural coverage. Schroeder indicated he was in agreement with McMillan. Hawn remarked that this might not be consistent with what the Planning Commission has done on previous applications. Weinberger suggested that perhaps the Applicants look at constructing a two and a half story house to help reduce structural coverage. Mrs. Nusbaum indicated they would be willing to reduce the size of the garage. McMillan indicated she would be willing to consider keeping the structural coverage for the residence as proposed if the garage is reduced. Schroeder commented he would be willing to approve the 16.8 percent structural coverage given the other reductions the Applicants are making to the hardcover. Hawn expressed concern that this might be setting a dangerous precedent. Page 20 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#11) #2468 BRUCE AND BETSY NUSBAUM, 3480 NORTH SHORE DRIVE -VARIANCES, 11:03 p.m. - 11:37 p.m.—(continued) Schroeder moved to recommend approval of Application#2468, 3480 North Shore Drive. McMillan inquired if the Applicants do reduce the size of the garage, would it need to appear before the Planning Commission again. Smith stated in her view it appears this application would be denied as presented, noting that the Planning Commission would like to see structural coverage reduced. Smith inquired whether the Applicants would like this application to be tabled at this time to allow them additional time to revise their plans or whether the Planning Commission should act on this application tonight. Mrs. Nusbaum inquired what the Planning Commission would like to see as far as structural coverage. Lindquist commented the Applicants will need to hold to the 15 percent structural coverage in order for him to approve this application. Schroeder withdrew his earlier motion. Schroeder moved, Smith seconded,to table Application#2468, 3480 North Shore Drive,to allow the Applicants time to submit revised plans. VOTE: Ayes 5, Nays 0. • (#12) #2471 INDEPENDENT SCHOOL DISTRICT#278, 685 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT, 11:38 p.m. - 12:05 p.m. Neil Lawson, Assistant Superintendent,was present. George Gorbatenko, Wold Architects, was present. Van Zomeren stated the Orono Independent School District#278 is proposing to construct a new middle school and a new site circulation plan for the Orono High School. The middle school will serve 675 students in grades 6-8. The school building will include a gymnasium, cafeteria, lecture room and media center and will consist of approximately 115,000 square feet and be two stories in height. Van Zomeren stated this application will require the City to vacate easements across Outlot A, with the School District being required to legally combine the separate tax parcels. The School District will also need to obtain a land alteration permit to grade the site. The Applicant has applied to the Watershed District to obtain the necessary permits due to the location of wetlands on the site. This application does meet the intent of the Comprehensive Plan and conforms to the minimum zoning requirements for a school in the RR-1 B district. Van Zomeren stated the Applicant will need to submit a signage plan, noting that the City limits signage to 12 square feet, which will probably require a variance for this application. The School District is proposing to provide 121 parking spaces in the front of the building with 5 handicapped parking spaces for a total of 126 spaces, which meets the City's parking requirements. The proposal does include a bus parking area, which will provide an additional 100 parking spaces for other activities when buses are not using the lot. • Page 21 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 III (#12) #2471 INDEPENDENT SCHOOL DISTRICT#278, 685 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT, 11:38 p.m. - 12:05 p.m.—(continued) Van Zomeren stated the lighting plan has been submitted and is under review by the City's landscape architect. The athletic fields will not be illuminated. Van Zomeren stated the landscape architect has made some comments regarding the layout of the athletic fields as far as the afternoon and evening sun. A landscaping plan has also been provided and is under review by the landscape architect. Lawson expressed his gratitude to the City of Orono for their support and assistance in this project. Van Zomeren stated the building inspector will need to verify the height of the building to insure that it meets the City's requirements. Lindquist commented that approval could be given subject to review by the building inspector. Van Zomeren remarked that the lighting is a more significant issue. McMillan inquired whether there was a connection to the student center. Lawson stated presently there is a bike path to the student center. Hawn inquired whether the School District was aware of the comments by the landscape architect. Gorbatenko indicated they are aware of the comments by the landscape architect, but they are unable to change the configuration of the soccer field due to the wetlands. • McMillan commented she would like City Staff to review the lighting plan. Gaffron noted that the student crossings have been limited to two points, and that the schools need to provide crossing lights. Lawson indicated that they have attempted to locate the student crossing at the high point of Crystal Bay Road for better sight lines. Lawson stated that it is not the School District's intent to have the students cross during the school day, noting that the majority of the students utilizing the crossing will be high school students. There were no public comments. McMillan moved, Smith seconded,to recommend approval of Application#2471, Independent School District#278, 685 Old Crystal Bay Road, granting of a conditional use permit, subject to the conditions outlined in City Staff's memorandum of March 15, 1999, and further subject to review and approval by City Staff of a lighting plan, landscaping plan, parking and traffic circulation, and height restrictions of the building. VOTE: Ayes 5, Nays 0. SKETCH PLAN REVIEW (#13) #2463 GEORGE STICKNEY, ON BEHALF OF JOAN THOMPSON/RODNEY AND PAULA MINNICH, 250 AND 340 OLD CRYSTAL BAY ROAD, 12:07 p.m. - 12:11 p.m. • George Stickney was present. Page 22 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#13) #2463 GEORGE STICKNEY, ON BEHALF OF JOAN THOMPSON/RODNEY AND PAULA MINNICH, 250 AND 340 OLD CRYSTAL BAY ROAD, 12:07 p.m. - 12:11 p.m.—(continued) Van Zomeren stated the Applicant is proposing to purchase two parcels, 250 and 430 Old Crystal Road, to combine them into a 20.2 acre site for an eight lot subdivision served by a private road terminating in a cul-de-sac. This parcel is zoned RR-1B, One Family Rural Residential,which has a two acre minimum. Van Zomeren indicated that the proposed subdivision can meet all the standard lot requirements and the developer will need to identify the exact location of the lots for review and approval by City Staff. The sketch plan will also need to be reviewed by the City Engineer to address issues dealing with drainage, stormwater, and access. Stickney indicated that the lots are being platted wide enough to met the lot requirements and can be altered somewhat if there is a problem. Stickney indicated they are attempting to save as many trees as possible in this development. Stickney commented that the proposed septic sites have been perked and tested by Steve Weckman. Chair Smith inquired whether there were any public comments. Rod Minnich, 340 Old Crystal Bay Road, indicated he is in favor of the proposed plan and would like to see as many trees as possible be preserved. Chair Smith commented that it appears the developer is attempting to preserve those trees and • they will remain largely untouched. McMillan suggested this plan be presented to the Parks Commission for their review regarding the location of the bike trail. There was no action taken by the Planning Commission on this application. (#14) #2469/2470 STEVEN AND JO WEBSTER, 500 ORONO ORCHARD ROAD -VARIANCES This application was tabled at the request of the Applicants. PLANNING COMMISSION COMMENTS (#15) Report of Planning Commission Representatives Attending Council Meetings on February 22, 1999, and March 8, 1999 (Planning Commission Comments,continued) Hawn indicated that she attended the February 22, 1999 City Council meeting and no major issues arose. (#16) OTHER ISSUES FOR DISCUSSION None • Page 23 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 a (#17) PLANNING COMMISSION APPROVAL OF MINUTES FOR FEBRUARY 16, 1999 AND JANUARY 19, 1999 Schroeder moved, Lindquist seconded, to approve the minutes of the February 16, 1999 Planning Commission meeting as submitted. VOTE: Ayes 5, Nays 0. Lindquist moved, Schroeder seconded,to approve the minutes of the January 19, 1999 Planning Commission meeting as submitted. VOTE: Ayes 5, Nays 0. (#18) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON MARCH 22, 1999,AND APRIL 12, 1999 March 22-Smith April 12 - Lindquist ADJOURNMENT Schroeder moved, McMillan seconded,to adjourn the meeting at 12:19 p.m. VOTE: Ayes 5, Nays 0. Sandra Smith, Chair S III Page 24