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HomeMy WebLinkAbout05-17-1999 Planning Commission Minutes ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners William Stoddard, Dale Lindquist, amd Janice Berg. Commissioner Sandra Smith was absent. The following represented City Staff: Assistant Zoning Administrator Paul Weinberger, Senior Planning Coordinator Mike Gaffron, and Recorder Jackie Young. Council Member Charles Kelley was present. Chair Hawn called the meeting to order at 6:28 p.m. OLD BUSINESS (#1) #2469 STEVEN AND JO WEBSTER, 500 ORONO ORCHARD ROAD SOUTH -VARIANCES Steven and Jo Webster were present. Weinberger stated the Applicants appeared before the Planning Commission at their April meeting where they were directed to revise their plan to create a greater setback for the proposed garage and residential addition from Dickenson Street and the alley. The Applicants have submitted a revised plan which places the proposed garage five feet off the property line and seventeen feet from Dickenson Street. The existing house is located 19.1 feet from the side property line. Weinberger noted that the only other user of this alley is the property to the south. The City currently owns and maintains this alley. Variances to the side yard adjacent to the street is required to permit a setback of five feet where • fifty feet is required; to permit a 17 foot side yard setback where 50 feet is required; and to permit a 36.8 foot front yard setback where 50 feet is required. The Zoning Code requires a 30 foot setback for garages with access served towards a street. City Staff has determined that this revised plan is more in conformance with existing codes and that it is impossible to place an addition on the residence except for one small section of the property without encroaching into a setback. Weinberger stated the existing garage located on the property line will be removed. Webster commented that the little room that is located between the house and the garage will be incorporated into the house to allow for an extra five feet. Webster stated they are putting the house at an angle on the lot to try to take advantage of the southern exposure. Lindquist stated he does not have a problem with the application, noting that this plan is a real improvement over the previous plan. Hawn remarked that she appreciates the efforts the Applicants have made to revise their plans. Stoddard inquired how the potential land deal is proceeding. Webster stated that they have made an offer, and inquired whether the Planning Commission could recommend that this land be sold. Stoddard stated that the Planning Commission is not in a position to recommend that. Webster stated that if the Websters assumed the cost of the property line rearrangement, they probably would be in favor of that. Webster remarked that he has proposed to deed them up to 20 feet to incorporate into their own driveway if they so choose. • Hawn inquired when the existing garage would be removed. 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 III (#1) #2469 STEVEN AND JO WEBSTER, 500 ORONO ORCHARD ROAD SOUTH—VARIANCES (Cont.) Webster replied that that structure would be removed right away. There were no public comments. Lindquist moved, Stoddard seconded, to recommend approval of Application#2469, 500 Orono Orchard Road South, to permit variances to a side yard adjacent to the street (alley) setback of five feet where 50 feet is required; to permit a 17 foot side yard setback where 50 feet is required; and to permit a 36.8 foot front yard setback where 50 feet is required, and to allow a setback less than 30 feet for the garage with access off the alley. Approval is contingent upon removal of the present garage. VOTE: Ayes 4, Nays 0. (#2) #2169 MICHAEL RENARD, 1185 TONKAWA ROAD -AMENDMENT OF VARIANCE Mr. and Mrs. Michael Renard were present. Weinberger stated the Applicants are requesting approval of a variance addition in revising the structural amount already approved in a 75-250 foot hardcover variance approved in 1996. The Applicant is proposing to remove an existing shed and its associated hardcover and replacing it with a larger shed. The existing shed is currently located 2.36 feet from the property line, with the new shed being located 10.36 feet from the property line, which would remove it from the side yard setback. • Weinberger stated a hardcover variance was approved in 1996 to allow the hardcover coverage in the 75-250'area to be 26.7 percent. The Applicant is proposing to remove the shed and to construct a 12' by 21'shed. The proposed development would not increase the amount of hard cover. The existing shed is 12' by 14'. The Applicants are proposing to remove a sidewalk to help reduce hardcover. Structural coverage is not an issue on this lot. The City will benefit with moving the new shed ten feet from the property line and no longer in the side yard setback. City Staff recommended denial of this variance addition with the understanding that hardcover would be increased on the property. Staff also has concerns about trading concrete for structural coverage. Renard had no comments regarding his application. Lindquist inquired whether Staff would be recommending approval if the hardcover would remain at 26.7 percent. Weinberger stated they would still be recommending denial of this application because the hardcover still exceeds 25 percent and no hardship has been demonstrated. Hawn inquired of the Applicant what he felt the hardship was. Renard stated that they have outgrown the present shed, noting that he would like to store his two trailers inside to prevent premature deterioration of the trailers. Renard commented that he has kept the new shed at a minimum size, noting that his one trailer is 20.5 feet, and has attempted to make this new shed as conforming as possible. Hawn remarked that the topography of the land normally causes the hardship and not the needs of IIIthe Applicant. Hawn noted that there is an improvement by removing the shed within the setback. 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 • (#2) #2169 MICHAEL RENARD, 1185 TONKAWA ROAD -AMENDMENT OF VARIANCE—(Cont.) Lindquist inquired whether the Applicant would be able to reduce the hardcover to 25 percent. Renard stated that a major addition to the residence was added approximately two years ago which makes it very difficult to reduce the hardcover on the property. Stoddard suggested that perhaps the driveway could be reconfigured or reduced, noting that he would like to see the hardcover reduced somewhat. Renard commented that they have to access onto County Road 35, which makes the driveway turnaround a necessity for safety reasons. Stoddard remarked that he would not request that the turnaround be removed, but perhaps other steps could be taken to reduce the driveway somewhat. Renard expressed doubts that he would be able to reduce the hardcover any further on this property, noting that it originally was at 28 percent and he has reduced it to 26.7 percent. Renard commented that he would like to keep his trailers inside so they would be out of view from the neighbors. Lindquist commented that perhaps the condition be added that no additional hardcover will be allowed on this property. There were no public comments. Hawn stated she does not see a hardship, noting that the code requires that a hardship be demonstrated in order for the variance to be granted. Stoddard commented that he would like to give the Applicant the opportunity to review his plans to reduce the hardcover somewhat. Stoddard noted that the Planning Commission has become more conservative over the years on the amount of hardcover allowed. Stoddard remarked that this application could be acted on tonight or be tabled to give him some additional time to submit revised plans. Renard stated he would like the Planning Commission to act on his application. Renard stated in his view the amount of hardcover remains with the property and not with the property owner. Hawn remarked that the variance is granted for one year. Renard stated unless acted on by a building permit,which is stated very specifically. Renard requested that the application be voted on. Hawn moved, Lindquist seconded, to recommend denial of Application #2169, 1185 Tonkawa Road, for an amendment to variance based on the fact that no hardship has been demonstrated. VOTE: Ayes 4, Nays 0. Item#3 follows Item#6. NEW BUSINESS: PUBLIC HEARINGS • (#4) #2483 TRENT REZABEK, 3200 BAYSIDE ROAD -VARIANCE RENEWAL, 6:50 p.m. - 6:56 p.m. 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 • (#4) #2483 TRENT REZABEK, 3200 BAYSIDE ROAD -VARIANCE RENEWAL, 6:50 p.m. - 6:56 p.m. —(cont.) The Certificate of Mailing and Affidavit of Publication were noted. Trent Rezabek was present. Weinberger stated the Applicant is requesting a variance renewal for a front yard setback variance for the property located at 3200 Bayside Road. The previous resolution was adopted in March of 1989 and expired on March 13, 1990. The property was subsequently sold and the addition never built. The Applicant is proposing to construct an 8' by 12'entryway on the south side of the existing residence. The existing residence is located entirely within the required front yard and street side setbacks, which requires a variance for any additions to the existing residence. This property is located within the LR-1A, One Family Lakeshore Residential District, which has a minimum of two acres. The property is comprised of approximately 1.1 acres. City Staff is recommending approval of this application, noting that special conditions applying to this structure are peculiar to this property. Weinberger stated that it is impossible to construct an addition without encroaching into the setback. Hawn inquired whether the addition would be constructed on a cement pad. Rezabek stated that an engineer will be out to look at the building pad to determine whether it is a floating pad. Rezabek remarked that he probably will remove the old pad and put in a new foundation. • Weinberger stated that the Building Code would require a new foundation with footings. There were no public comments. Lindquist moved, Peterson seconded, to recommend approval of Application #2483, 3200 Bayside Road, to permit a front yard setback variance to allow an 8' by 12'entryway to be constructed on the south side of the house 18.4'from the front yard where 50' is required. VOTE: Ayes 4, Nays 0. Item#5 follows Item #3. (#6) #2487 ROBERTA A. ROTH, 1251 BRIAR STREEET-VARIANCES, 6:58 p.m. -7:03 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Roth were present. Weinberger stated the Applicants are proposing to remove an existing house and construct a new one on the existing foundation. The current foundation was replaced in 1985. This property is located in the RR-1 B, One Family Rural Residential District, which has a minimum of two acres. The property is comprised of 10,500 square feet. The Applicant applied for and received approval to construct a detached garage on the property. Variances are needed to lot area, lot width,front yard, and side yard setbacks. • City Staff is recommending approval of this application since the hardcover or overall structural coverage will not increase. 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#6) #2487 ROBERTA A. ROTH, 1251 BRIAR STREEET-VARIANCES, 6:58 p.m. -7:03 p.m.- • (cont.) Mrs. Roth stated that the residence was not kept up and they would like to replace it with a new structure, noting that it is not worthwhile to make improvements to the existing house. Hawn inquired whether the building inspector has had an opportunity to inspect the foundation. Mr. Roth remarked that he has requested that Lyle and Mike from the City come out to inspect the property but they have not done so at this time. Weinberger stated that it is the building official's opinion that it will meet current codes. There were no public comments. Stoddard moved, Lindquist seconded, to recommend approval of Application#2487, 1251 Briar Street, to permit variances to lot area, lot width, front yard, and side yard setbacks to allow a 1,008 square foot house to be built on an existing foundation subject to the foundation being certified as to structural soundness by the City's Building Inspector, and to allow the existing garage to remain on the property during the time of construction. VOTE: Ayes 4, Nays 0. SCHEDULED PUBLIC HEARINGS (#3) #2479 PETER ANDREA COMPANY, 555 STUBBS BAY ROAD NORTH, CLASS III SUBDIVISION, 7:04 p.m. -7:14 p.m. • The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was not present. Hawn noted that the Applicant was requested to submit some required information before tonight's hearing. Weinberger stated he did speak with the Applicant this afternoon regarding tonight's meeting, noting that the Applicant did not indicate whether he would be present at tonight's meeting. City Staff is recommending that this item be tabled until next month. Hawn moved, Lindquist seconded, to table Application #2479, Peter Andrea Company, 555 Stubbs Bay Road North, to the June 21st meeting. VOTE: Ayes 4, Nays 0. Hawn inquired whether there were any members present in the audience who had wanted to speak regarding this application. Six to eight people indicated that they were here tonight regarding this application. Hawn commented that this application should be removed from tabling to allow the people in the audience to comment on this application. Hawn inquired whether the Applicant can be contacted to see if he would be attending tonight's meeting. Weinberger stated he attempted to contact the Applicant prior to the meeting but was unable to reach him. Weinberger remarked that the Applicant was to have contacted him to tell him of his plans for tonight. The Applicant indicated that he does intend to submit revised plans. • A resident in the audience commented that this was the second time that the Applicant has not 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#3) #2479 PETER ANDREA COMPANY, 555 STUBBS BAY ROAD NORTH, CLASS III IISUBDIVISION, 7:04 p.m. -7:14 p.m.—(cont.) appeared. Lindquist stated that the Planning Commission does not have much choice but to table this application. Lindquist inquired whether the residents would be notified of the next hearing. Weinberger stated that the neighbors are required to receive notice of the hearings. Lindquist commented that the Planning Commission has no assurance that the Applicant will appear at the next hearing either, but that they will be required to reappear at the next hearing if they wish to speak to this application. Hawn stated that the Applicant is proposing to revise his plans, which hopefully will alleviate some of the concerns that the neighbors may have. Lindquist commented that he would like to see the neighbors involved somewhat in the planning of this subdivision, noting that there are issues regarding access onto Stubbs Bay Road and how that will impact the properties on the other side of the road. Hawn requested that the people who are in attendance leave their name with Mr.Weinberger. Weinberger stated that it is the intent to develop the street into a cul-de-sac temporarily and it is the City's position that 27 feet be dedicated in the event that a road to the north is needed to serve those lots. Weinberger noted that a portion of the property will be dedicated to MnDot at the time the new interchange is put in. Weinberger stated that City Staff is aware that one property will become • landlocked once the new Highway 12 improvements are completed. Hawn requested that her motion be reinstated to table this matter. NEW BUSINESS: PUBLIC HEARINGS, CONTINUED (#5) #2485 ALEX AND CATHY JOHNSTON, 940 BROWN ROAD SOUTH -CONDITIONAL USE PERMIT, 7:15 p.m. -7:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Alex Johnston was present. Weinberger stated the Applicant is requesting a conditional use permit to allow a "guest house". This property is located in the RR-1 B, One Family Rural Residential District, which is a two acre zoning district, and is comprised of 5.11 acres dry and 4.55 acres dry contiguous. A barn exists on the southeast portion of the property that the Applicant is remodeling to install a guest apartment. The barn is classified as an oversized accessory structure as it exceeds 1,000 square feet. Weinberger commented that as a condition of approval the property owner will be required to file a restrictive covenant on the property that states, in part, that no future subdivision will be approved that places the structure within a lot that has no principal structure, and if the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets that minimum lot area requirement for the given size of accessory building. • Weinberger stated that the property does not have a conforming septic system. The Applicants have submitted a septic design that has been approved by the City, but a condition of approval 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#5) #2485 ALEX AND CATHY JOHNSTON,940 BROWN ROAD SOUTH -CONDITIONAL USE III PERMIT, 7:15 p.m. -7:22 p.m.—(cont.) shall be that a final plumbing inspection be held until the septic system has been installed and approved by the City. City Staff is recommending approval of this application based on the existing structure meets all the yard requirements established by City Code for a guest house conditional use permit subject to the conditions that a restrictive covenant is filed on the property for an oversized accessory structure and that a final plumbing inspection be held until a septic system has been installed and approved by the City. Alex Johnston had no comment on his application. Hawn commented that there does not appear to be any areas of contention with this application. There were no public comments. Lindquist moved, Stoddard seconded, to recommend approval of Application #2485, 940 Brown Road South, to allow a guest house conditional use permit subject to the structure meeting the yard requirements established by the Municipal Code for a guest house conditional use permit subject to the following conditions: The property owner files a restrictive covenant on the property for an oversized accessory structure as outlined on Page 1, Items A, B, and C, of the May 10, 1999 Zoning Administrator's Report, and that a final plumbing inspection be held until a septic system has been installed and approved by the City. VOTE: Ayes 4, Nays 0. • Item#7 follows Item#10. (#8) #2492 RICK AND GAIL LUZAICH,2490 OLD BEACH ROAD -VARIANCE AND CONDITIONAL USE PERMIT, 7:23 p.m. -8:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Rick and Gail Luzaich were present. Phil Reznick, Attorney-at-Law, was present. Weinberger stated the Applicants are requesting variance and conditional use permit approvals for lakeshore land alteration, including grading and construction of retaining walls within 75'of the lakeshore and within a bluff impact zone; and further request an after-the-fact approval, including approval of a restoration plan, for intensive vegetative removal within 75 feet of the shoreline and within a bluff impact zone. No restoration at this time has been completed. Weinberger noted that the members of the Planning Commission have had an opportunity to look at the property. Staff has concerns regarding the removal of the trees within 75 feet of the shoreline due to possible erosion into the lake. The Applicant is proposing to construct a four foot retaining wall to extend along the slope. Staff has issues regarding the proposed landscaping plan as it does not contain any provisions for replacement of the trees that have been removed. Staff is requesting that reforestation be required as part of this application. Wally Case, Landscape Architect, has had an opportunity to review • the landscaping plan and is recommending that this property be reviewed by a forester to determine what trees would be best for this type of soil. 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#8) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD -VARIANCE AND CONDITIONAL • USE PERMIT, 7:23 p.m. -8:17 p.m.—(cont.) City Staff is recommending denial of the proposed landscape plan and requests that the Applicant submit revised plans. Currently the stumps have not been removed. Staff would also like to have the opportunity to review this application over time to insure that proper restoration of this area is achieved with similar trees. Reznick inquired whether the City was requiring a replanting of mature trees approximately the same size removed or if the Applicant could replace this type of trees with a smaller size tree. Weinberger stated that the City is requesting that the Applicant replace the trees with fairly mature trees, noting that it is not possible to replace some of the larger trees. Reznick expressed a concern regarding the cost of replacing the trees and suggested that the City look at what is right for the property rather than punishing the property owners. Reznick noted that the Applicant has been charged with a misdemeanor. The Applicants are willing to cooperate with the City to accomplish the restoration, but they would like to keep this property in line with the other surrounding properties. Reznick presented photographs to the Planning Commission and noted that the other properties do not have the lake hidden from their view. Reznick requested that the Planning Commission address the house plan, noting that the Applicants would like to start work on this property in the near future. Reznick indicated that they would like to remove the stumps and replace with some shrubbing, and expressed a concern that the equipment that would be needed to replace the trees could cause the soil to be disturbed further. • Hawn indicated that she would like to see this property restored as quickly as possible to prevent erosion. Hawn noted that the City has allowed rift-raft in cases where erosion has occurred, but that the retaining walls are probably not going to be looked upon favorably by the Planning Commission. Hawn stated that the Applicants will need to get together with the City foresters to determine what is most feasible for this property. Luzaich stated that he is fine with restoring the property, noting that he has spent money trimming and pruning the other trees on his property and had merely removed what he thought was old unhealthy trees. Stoddard remarked that the Planning Commission has to act on what is before it tonight, noting that the Planning Commission is merely a recommending body and that any plans would need to be approved by the City Council. Stoddard commented that the Applicant should work with City Staff on the reforestation, noting that he would like to see some mature trees planted to screen the neighbors'view as well as the proposed hardcover reduced. Luzaich stated they had proposed the retaining walls in an effort to save the hill. Weinberger commented that the stumps could possibly be removed but that the roots should remain to help hold the dirt in place with new plants and trees planted. Reznick inquired whether anything could be agreed to tonight. Eric Paulson, Old Beach Road, stated that he has lived in this area for the past 21 years and belongs to the Lafayette Bay Association which has been proactive in trying to preserve the natural beauty of Lafayette Bay. Paulson remarked that the property owners were perhaps ignorant of the laws regarding removal of trees by the lakeshore. • Gaffron remarked that the City of Orono did not and would not issue a permit to allow this type of 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#8) #2492 RICK AND GAIL LUZAICH,2490 OLD BEACH ROAD -VARIANCE AND CONDITIONAL IIIUSE PERMIT, 7:23 p.m. -8:17 p.m.—(cont.) tragedy to occur, noting that the City was not notified of this until a week after the work had already been completed. Gaffron stated that the City of Orono is adamant in its position that this type of land alteration not occur near the lakeshore and that it is impossible to get back what has been lost. Weinberger stated that Wally Case is recommending that this property be reviewed by a forester who will review the file and look at the types of soils and determine what types of trees could be planted. Weinberger stated that they would like to have this process started sometime this week. Hawn inquired whether the Applicant's landscape planner could meet with the forester. Gary Mueller, Landscape Architect, stated he would be able to meet with the forester, noting that they are willing to discuss this property and the recommendations that they have. Mueller requested that the Planning Commission provide some guidance as to what they feel should be provided for this area. Hawn stated that retaining walls are not the answer. Stoddard stated that hardcover should be reduced and that he would like to see some larger trees planted. Lindquist remarked that the Comprehensive Plan is clear and that everything possible should be done to restore what was lost. Lindquist stated that they should meet with the City's forester as soon as possible to resolve this issue. Lindquist commented that this application will need to be tabled since the proposal is not acceptable as presented tonight. • Berg commented that she is in agreement with the other members of the Planning Commission and would like to see some larger trees planted in this area to help restore what was lost. Luzaich inquired whether the stairway down to the lakeshore was okay. Stoddard stated that he should work with City Staff to determine the appropriate width of the stairway, noting that the Planning Commission is not attempting to deny access to the lake by the Applicant. Mueller stated that they would like to remove the stumps, grind them down to the point where they are no longer protruding, which will require some minor grading of the slope. Mueller stated that they would also like to eradicate the poison ivy and other nuisances that occur on the bank. Mueller inquired whether they could commence work on the retaining wall as a means to prevent erosion, noting that they will have a civil engineer out to inspect the site to insure that the wall will stay in place. Mueller commented that they would like to have a better understanding of what type of trees and size of trees the City would like to see for this area, noting that it is impossible to replace some of the larger trees. Hawn stated that they would like to see as large of trees planted as possible that have a good chance for survival, and that perhaps the forester would be in a better position to address that. Mueller inquired whether this application could proceed to the City Council on the condition that agreement is reached with City Staff on a level of treatment that is appropriate for this area. Stoddard stated the Planning Commission can vote on this application or table the application, • noting that the Applicant will not be able to do any grading or retaining walls. 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#8) #2492 RICK AND GAIL LUZAICH,2490 OLD BEACH ROAD -VARIANCE AND CONDITIONAL • USE PERMIT, 7:23 p.m. -8:17 p.m.—(cont.) Mueller inquired whether the stumps could be removed. Lindquist stated that in his opinion no work should be done given the history of this application until it has been approved. Lindquist remarked that he would not be comfortable approving any work on this property until City Staff and the City's forester has had an opportunity to look at this situation, and that in his opinion this application should be tabled. Stoddard indicated they could spray the poison ivy. Mueller inquired whether all the weeds could be sprayed. Stoddard stated that only the poison ivy may be sprayed. Hawn commented that the weeds may be cut. Hawn indicated that this application will probably be denied if voted on tonight. Weinberger indicated that this application requires variances and a conditional use permit that needs to be acted upon regardless of the landscape plan. City Staff is willing to work with the Applicant on this matter. Luzaich requested that his application be tabled. Hawn inquired whether the 60 day time limit needs to be extended. • Weinberger inquired whether the Applicant would be willing to waive the 60 day limitation. Luzaich indicated he would be willing to waive the 60 day time period. Lindquist moved, Hawn seconded, to table Application #2492, 2490 Old Beach Road, with the understanding that the Applicant will work with City Staff and the City's forester on an appropriate plan of action for restoration of the lakeshore and bluff area, and that the 60 day time period is waived. VOTE: Ayes 4, Nays 0. (#9) #2493 KATHERINE TAYLOR HOMES, 692 TONKAWA ROAD -VARIANCES, 8:18 p.m. - 8:47 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Katherine Taylor was present. Barb Hugh, property owner,was present. Weinberger stated the Applicant is requesting several variances to construct a two car garage where a one car garage exists and to attach a deck to the second garage on the property. The property is served with two garages, the first is a one stall detached located on Tonkawa Road and the second is a two car garage attached to the house. This property is located in the LR-1 B, One Family Lakeshore Residential District, which has a minimum of one acres, and this property consists of .36 acre. The Applicant is proposing to construct a deck off the back portion of the two car garage with a spiral • staircase located next to it, which would allow access to that area. Currently there are building permits issued to this property for the remodeling of an office area above the existing garage. The 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 • (#9) #2493 KATHERINE TAYLOR HOMES, 692 TONKAWA ROAD -VARIANCES, 8:18 p.m. - 8:47 p.m. —(cont.) deck becomes an issue because it is new hardcover located over existing hardcover, and any time that structural coverage is placed over non-structural hardcover, it requires a hardcover variance. The addition of the deck would not increase the hardcover on this property, nor would it increase the amount of structural coverage allowed on the property. The deck would bring the structural coverage to 15 percent. The Applicant has proposed two options for the garage. Option A would move the garage back to the required 30 foot distance for a garage loading space of a right-of-way. However, the setback in this area is 35 feet, so it would still require a variance to the street yard setback. This option increases structural coverage to 16.4 percent, exceeding the 15 percent allowed. This option also allows the occupants of the property easier access in and out of the garage during the winter months when the steep driveway approach prevents safe access into the property. Hardcover would also increase in the 250-500'setback. Currently hardcover is at 42.5 percent. Only a small portion of the residence is located within the 75-250'setback. The Applicant is proposing hardcover in the amount of 70.2 percent in the 250-500'setback. Weinberger stated Option B would utilize the existing location of the one stall garage. The Applicant would construct a second stall to the existing one stall garage. This maintains the garage within the required setbacks on the property, but still would require hardcover and structural coverage variances. This option would not increase the hardcover as substantially as Option A. This option simply places an addition on the existing garage, which is located approximately two to three feet off the property line. The new garage proposed in Option A would meet the 10 foot setback. City Staff has reviewed this plan and have determined that the Applicant could construct a two stall 111111 garage that would be located 10 feet from the street property line and 10 feet from the side property line if the doors are faced away from the street. However, this option probably cannot be done since City Code requires a distance of 30 feet from the garage doors to the street. Tonkawa Road is a fairly busy street and would present a safety issue. A variance is needed to allow hardcover to remain at 49.7 percent in the 75-250' lakeshore setback, and that would permit the addition of a 6.6 foot deck by 23.6 feet located directly on the attached garage with a spiral staircase. The deck does meet the required setbacks in the zoning district. The second variance being requested would allow for the provision of a two stall detached garage located near Tonkawa, which would also require a variance to the hardcover. The Applicant is claiming a hardship on this property due to the high water table and the fact that the residence was constructed without a basement. This would allow the Applicant some additional storage space. City Staff is recommending denial of this application for additional structure for the garage. The garage would bring the structural coverage above the 15 percent allowed for this lot. City Staff is recommending approval of the variance for the deck above the attached garage. The hardcover would not increase and the structural will meet the required ten foot side yard setback for the zoning district, and it will provide access to a sliding glass door being located on the second floor. Katherine Taylor stated that the Applicant is getting married in July and are looking at combining two households and are in need of additional storage space for vehicles. Taylor noted that the new garage would have better conformity to the required setbacks than the existing garage. Taylor stated that retaining walls exist behind the existing garage due to a steep hill. If the garage is • located further back, more driveway would be needed. 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#9) #2493 KATHERINE TAYLOR HOMES, 692 TONKAWA ROAD -VARIANCES, 8:18 p.m. - • 8:47 p.m.—(cont.) Hugh stated that the staircase also would serve as a fire escape. Hugh remarked that they would like to construct a new garage due to the fact that they are in need of additional space for the storage of vehicles, noting that the foundation of the garage needs to be redone. Hugh stated that more variances are required for the existing garage than would be for the new proposed garage. Hawn requested that the Planning Commission members comment on Option A first. It was the consensus of the Planning Commission that they were in favor of the deck. Hawn requested that the Planning Commission members comment on Option B. Berg commented that she understands the need for the new garage, but noted that the hardcover would be increased. Lindquist stated that unfortunately some lots have already reached the maximum on hardcover and no further improvements can be made. Taylor inquired whether the hardcover could be done differently. Hawn stated that the Planning Commission rarely approves structural coverage over 15 percent. Stoddard stated that he concurs with the 15 percent limit, noting that to reach the maximum 15 percent allowed, the Applicant could add 158 square feet of hardcover, and that he would like to see the Applicant try to reduce hardcover on this property. • Hugh commented that she has reduced the size of the driveway. Hugh expressed frustration that the hardcover limit promotes outside storage of vehicles and other items. Lindquist stated that unfortunately hardcover needs to be limited somehow. Lindquist commented that a hardship needs to be imposed by the land, noting that a steep slope does exist. Hugh inquired whether she would be permitted to add 158 square feet of hardcover. Stoddard stated she would be allowed to add 158 square feet in structural coverage. Hugh inquired whether wood chips were okay. Hawn stated that wood chips are fine but that rock and plastic underlayment are considered hardcover. There were no public comments. Lindquist stated he would be in favor of the deck but not the garage. Hawn moved, Berg seconded, to recommend approval of the portion of Application #2493, 692 Tonkawa Road, to permit the construction of a deck above the attached garage over the existing hardcover, with an attached spiral staircase, and to grant a variance to the hardcover in the 75-250' lakeshore setback. VOTE: Ayes 4, Nays 0. Hawn moved, Berg seconded, to recommend denial of the portion of Application#2493, 692 Tonkawa Road, to permit the construction of a two stall detached garage 30 feet from • the right-of-way and 10 feet from the side lot line due to the structural coverage being in excess of 15 percent. VOTE: Ayes 4, Nays 0. 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 • (#10) #2494 DAN ANDERSEN,2885 LITTLE ORCHARD WAY-VARIANCES, 8:48 p.m. -8:58 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Dan Andersen was present. Lee Statman was present. Weinberger stated the Applicant is requesting a variance for an undeveloped lot within the recently approved Little Orchard Addition. When the subdivision was approved, a stable remained on the lot located near the front yard setback line and encroaching into the required 30 foot side yard setback. It was the subdivider's intent that the building be removed; however, the Applicant has requested the stable be moved to a conforming location on the lot. The building would be relocated to the rear of the lot meeting all required yard setbacks. Weinberger stated a restrictive covenant would need to be placed over the lot for an oversized accessory building because it exceeds 1,000 square feet. The Applicant is also requesting that the City allow the west property line to be identified as a side lot line to allow a 30 foot setback rather than 50 feet as required for rear yards. When this subdivision was approved, the front yard was determined to be that portion of the lot adjacent to the cul-de-sac. The side yards are the south and eastern lot lines, and the lot has two identified rear lot lines, which are the west and north property lines. The Applicant is proposing to re-establish this property line as a side property line or, in essence, granting a variance to allow the 30 foot side yard setback. City Staff had a concern regarding the actual function of the lot if the westerly lot line is re-established and the house is constructed to face directly to the east and located directly on the setback line, this would then essentially serve as a rear yard. Weinberger indicated he has spoken with Dan Andersen regarding this and Mr. Andersen would like to see language included in the resolution recognizing that this is a side yard and shall function as such at the time the property is developed and a house is constructed on the lot. City Staff recommends approval of the variance to permit an accessory structure to remain on the property subject to the condition it is located as shown on the survey/site plan dated July 9, 1998, and that the property owners file a covenant on the title for the oversized accessory building with the conditions noted in the Staff Report. City Staff is also recommending approval of the request to amend the Little Orchard plat to reclassify the west property line from a rear yard to a side yard based on the condition a house is constructed on the lot that will not orient a back yard to the west protecting the property to the west, and the front yard classification be extended to include the entire southern property line. Andersen stated the house will be situated to face at an angle. Andersen noted that the barn is in good condition and that is why they would like it to be relocated rather than removed. There were no public comments. Lindquist moved, Hawn seconded, to recommend approval of Application #2494, 2885 Little Orchard Way, granting a variance to permit an accessory structure to remain on the property subject to the condition it is located as shown on the survey/site plan dated July 9, 1998 on file with the City of Orono, and the property owners file a covenant on the • title for the oversized accessory building with the conditions noted in the May 17, 1999 Staff Report, and to recommend approval of the request to amend the Little Orchard plat 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 IIII (#10) #2494 DAN ANDERSEN,2885 LITTLE ORCHARD WAY-VARIANCES, 8:48 p.m. -8:58 p.m.— (cont.) to reclassify the west property line from a rear yard to a side yard based on the condition a house is constructed on the lot that will not orient a back yard to the west protecting the property to the west, and the front yard classification be extended to include the entire southern property line. VOTE: Ayes 4, Nays 0. (Recess taken at 8:58 p.m. -9:01 p.m.) (#7) #2488 GREGG KLOHN,4455 NORTH SHORE DRIVE -VARIANCES, 9:02 p.m. -9:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gregg Klohn was present. Weinberger stated the Applicant is proposing to rebuild a garage that was damaged in the May, 1998 storm. The new garage would be constructed in the same area of the existing garage. The Applicant is proposing to construct the new garage four feet wider and five feet longer than the existing garage, which would make it 14' by 24'. Variances are required for side yard setback and rear yard setback. The existing and proposed garage is located within the 250-500' lakeshore setback. A variance was granted in 1998 for hardcover to be 35.1 percent instead of the allowed 30 percent. The Applicant then constructed • an addition smaller than approved and removed a shed that was also located in this hardcover area. This reduced the hardcover to 32.8 percent. The proposed garage would increase the hardcover in this setback area to 35.3 percent. Weinberger stated that it is possible to locate the new garage in a spot that would meet the two side yard setbacks and that he would like the Applicant to respond to that possibility. The proposed side yard setback is three feet and the rear yard is 10.9 feet, which does meet the setback required. City Staff is recommending denial of the variance due to the fact that the new garage could be built on another location of the lot and be within all the setbacks. Klohn stated the existing garage was destroyed by the storm last year which has prompted his application tonight. Klohn commented that there are easements along North Shore Drive. Klohn stated that he would not need to request a variance if he replaces the existing garage, but he would like the garage door to face the street. Klohn remarked that the location proposed by Weinberger is viable but he has not considered that possibility before tonight. Klohn stated that if he constructed a garage in that location, the roof of the garage would be located close to the ground and might not look as appealing as a garage that matches the house. Klohn stated if the garage is constructed into the hill, he would like to construct a 24' by 22'garage. Klohn requested that the Planning Commission approve his application as submitted. Lindquist indicated he agreed with Staffs recommendations. IIIHawn indicated she also was in agreement with Staff, noting that a two car garage would exceed 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#7) #2488 GREGG KLOHN,4455 NORTH SHORE DRIVE -VARIANCES, 9:02 p.m. -9:17 p.m.- • (cont.) hardcover and possibly structural coverage. Weinberger commented that the property could handle more structural coverage, noting that this proposal would bring it up to approximately 10 percent. Klohn commented that he could perhaps construct a deck on top of the garage if it was located into the hill. Klohn stated that it would probably still require a variance to the side yard setback. Lindquist stated that it could be located ten feet from the side yard setback. Klohn remarked that in his opinion it would probably be 6.5 feet. Hawn stated that this application would probably be denied as presented, and inquired whether the Applicant would like the Planning Commission to table this application to allow him additional time to review his options. Klohn stated he would like the application to be tabled. Hawn inquired whether he would be willing to waive the 60 day time limit. Klohn indicated that would be fine. Berg moved, Hawn seconded, to table Application #2488, 4455 North Shore Drive, to allow the Applicant time to submit revised plans, and to extend the 60 day time limit to • 120 days. VOTE: Ayes 4, Nays 0. SKETCH PLAN REVIEW (#11) #2490 CHARLES AND SUE VAN EECKHOUT, 120 BROWN ROAD SOUTH -SKETCH PLAN REVIEW Charles Van Eeckhout was present. Gaffron stated the Applicants are requesting to subdivide a 20 acre parcel to create nine sewered building sites ranging from 1.0 acre to 1.8 acres in area. This proposal would require rezoning the area from RR-1 B, Single Family, 2 Acre, to R-1A, Single Family, 1 acre; extension of the sanitary sewer from the City of Long Lake; expansion of the Metropolitan Urban Service Area; variances to the back lot ordinance; creation of a private road in a substandard corridor; variances to lot width; creation of a shared driveway crossing of Long Lake Creek; construction of a road or driveway through at least two delineated wetlands; creation of a wetland outlot for Park; and construction of an 800 foot private driveway extending from the private road to serve Lot 4. Charles Van Eeckhout stated that he has owned the property for the past 29 years. Van Eeckhout stated that he has done other subdivisions within the City of Orono and has made it a point to avoid the need for variances as much as possible. Before purchase of this property, Van Eeckhout commented that he checked with the City of Orono regarding what regulations existed regarding possible subdivision of this area and that this proposal encompasses essentially what he was told he could do at that time. Van Eeckhout stated that in 1975, the City rezoned this area, which changed this area from a one • acre density to two acre, and that rezoning should be considered as a taking of value, and that this property should be allowed to be developed under one acre standards as he was originally told. 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#11) #2490 CHARLES AND SUE VAN EECKHOUT, 120 BROWN ROAD SOUTH -SKETCH 111 PLAN REVIEW—(cont.) Van Eeckhout remarked that he did not receive any compensation for the taking, which in his opinion decreased the value of his property. Van Eeckhout noted that a lot of new rules and regulations have been adopted by the City over the years, and requested that the Planning Commission rezone this area back to what it originally was at the time of purchase. Gaffron commented that the City of Orono would disagree with the opinion that the rezoning was a taking. Van Eeckhout stated that he has quarter acre lots to the north adjacent to his property, one acre lots on the northwest, and one acre lots to the south, and wetlands to the east. Van Eeckhout remarked that in essence his property was spot zoned at the time the area was rezoned. Van Eeckhout commented that this subdivision would contain one acre lots, which in his opinion are sufficient lots, noting that two acre lots would cost more, and that due to environmental concerns because of its location by Long Lake Creek, this area should be connected to City sewer. A large number of trees also exist on the property which cannot be cut down. Van Eeckhout stated that he would like to have a forester out there to review the situation to determine whether some of the trees can be cut down to help the undergrowth grow back. Van Eeckhout stated he is willing to work with City Staff on these issues. Lindquist remarked that he understands Van Eeckhout's position on the taking, but that is an issue for the City Council. Lindquist commented that in his opinion this area should remain zoned at two acres. • Hawn stated she is in agreement with Lindquist and that the Planning Commission does not do rezoning. Hawn remarked that this area might be a potential site for a PRD and might lend itself to some cluster development. Van Eeckhout commented that in his opinion under this sketch plan there is sufficient spacing for the proposed residences, noting that he would not have a problem with doing a PUD on this area as he has presented it tonight. Stoddard stated that he also concurs that this is an issue for the City Council to determine, noting that the Planning Commission is a recommending body and it does not appear that the Planning Commission would recommend rezoning of this area. Stoddard remarked that the City also needs to make a determination on whether this area should be included in the Metropolitan Urban Service Area. Hawn noted that this application is driven by whether or not the Applicant can rezone this property and that issue should be resolved first before further consideration is given to this sketch plan. Gaffron stated that the area south of the Luce Line is zoned two acres, noting that Fox Ridge was developed back in the 1960s. Stoddard commented that the Applicant will also need to determine the type of wetlands that exist on the property. Van Eeckhout stated that in his opinion this area is incorrectly zoned wetland and he has farmed the wetland area on a regular basis. Van Eeckhout remarked that the wetland is six feet above the water level. Van Eeckhout commented that in his opinion this area can adequately support nine structures. 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 • (#11) #2490 CHARLES AND SUE VAN EECKHOUT, 120 BROWN ROAD SOUTH -SKETCH PLAN REVIEW—(cont.) Lindquist stated that in his opinion this area will probably remain zoned at two acres. Hawn noted that it has was the consensus of the Planning Commission in a meeting regarding the comprehensive plan not to extend sanitary sewer to prevent denser housing. Hawn suggested the Applicant look at a PRD. Van Eeckhout noted that a PRD would require extension of the sewer. Hawn stated that a PRD probably would require extension of the sewer. Gaffron remarked that if the Applicant took the total buildable acreage of the property and divided it by two, the Applicant might be able to put a maximum of seven homes on this property, and that clustering may help to preserve some of the natural features of the area. Van Eeckhout commented that the City should take a long-range view as far as it relates to sewer issues, noting that in his opinion eventually sewer will more than likely be needed in Orono. Gaffron stated this application will go before the City Council at their June 14th meeting, noting that no formal action is needed to be taken by the Planning Commission on this application. (#12) #2491 DEBORAH SHOLL,4100 WATERTOWN ROAD -SKETCH PLAN Deborah Sholl was present. • Weinberger stated the Applicant is requesting a sketch plan review for a Class III Subdivision for property located at 4100 Watertown Road, which consists of approximately 37 acres. Approximately two acres is classified as Orono Wetlands and appear on the City Wetland maps. The Applicant is proposing to create two parcels, with one parcel being approximately 14 acres, 12 acres dry buildable, and the other west parcel would be 23 parcels. Weinberger stated that there was a conditional use permit on this property to allow the keeping of domestic animals for commercial purposes and to allow the continued use of the property for a public riding stable. Following sale of the property, the commercial use of the property has ceased. The property also contains two residential properties on one lot without a conditional use permit for a guest house. The lot was combined with another five acre lot to the northeast in January of 1996. Weinberger remarked that two oversized accessory buildings are located on the property. Oversized accessory buildings are allowed in this district subject to the condition that not more than one oversized accessory structure shall be permitted on any property. An oversized structure is defined as an accessory structure of footprint area in excess of 1,000 square feet. The total footfrint area for the two accessory buildings is 14,497 square feet. A number of variances would be required for this subdivision due to the oversized accessory buildings. Variances would be required to permit two oversized accessory buildings on one 12 acre lot where one is allowed; to permit two oversized accessory buildings larger than the 3,000 square feet maximum allowed for oversized accessory structures; and to permit 14,497 square feet for all accessory buildings where 6,000 square feet is allowed. Variances are also needed for setbacks to the houses and the guest house. There are also some structures located on the property without a principal structure. • Weinberger stated that the use of an accessory building for keeping animals for non-commercial 17 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#12) #2491 DEBORAH SHOLL,4100 WATERTOWN ROAD -SKETCH PLAN —(cont.) III purposes is a permitted use provided it is for the non-commercial use of the property owner or resident and meets the available area standards, which requires that a minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. Weinberger stated that Watertown Road is a City owned right-of-way. The Subdivision Code requires the north 33 feet of Watertown Road be dedicated to the City. The portion of the property dedicated is not considered as lot area. It is City Staffs conclusion that the property should support additional residential lots in the future to the west if an access road is added and suitable septic sites are located. The concern is the use of the oversized arena and barn on a 12 acre farm rather than the existing 37 acres. Sholl stated she would like to subdivide this property, noting that the barn and arena are presently being leased and riding lessons are provided. Sholl commented that a septic report has been submitted and that she has replaced one septic system for the residence located on Orchard Park. A plan has been submitted for a second septic site for the existing main house which would be located within the proposed lot line. Sholl remarked that the barn is able to hold 16 horses and she has some people that are interested in using the property as a horse farm. They are looking to house approximately five to six horses at this time. They are not interested in purchasing the whole parcel. Stoddard inquired when the barn and arena were constructed. Sholl stated that the barn is approximately 75 to 80 years old and the barn was added on in III approximately 1970. The arena was constructed in 1970. Lindquist inquired if the property located on Orchard Road was being rented. Sholl stated the house is being rented at this time. Lindquist inquired whether Orchard Road would be split off. Sholl remarked that it is not her intention at this time to split that parcel off. Lindquist commented that the accessory structures raise several issues with this application as well as leaving the residence on Orchard Road, noting that he probably would not approve it the way it is being presented. Sholl stated that building is taxed as non-homestead. Lindquist stated that he does not have a problem with the barn, arena and house, but that the use of the buildings may pose a problem. Lindquist stated the property on Orchard Road should be split into two parcels or the buildings should be removed. Hawn commented that adequate pasture land is required for the housing of horses. Stoddard suggested that the Applicant meet with City Staff to discuss these issues, noting that if the Applicant wishes to keep the guest house, she will need to make that conforming and the Applicant will also need to determine how many horses will be housed on that property in order to calculate the appropriate number of acres. • Lindquist commented that the Applicant should meet with City Staff to help bring this sketch 18 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#12) #2491 DEBORAH SHOLL,4100 WATERTOWN ROAD -SKETCH PLAN —(cont.) • plan into conformance with City Codes. Sholl commented that the barn and arena have been grandfathered in to her knowledge. Gaffron stated that once the lot lines are changed, the buildings may need to be removed or reduced, noting that he would need to obtain the opinion of the City Attorney to verify whether these buildings are grandfathered in. Weinberger stated that there have been other applications regarding this property and all have been tabled due to the issues regarding the accessory buildings as they relate to the property lines. Sholl inquired whether a condition could be imposed on this property that no conditional use permit would be issued. Gaffron commented that a future City Council could change that condition if they so desired. Hawn commented that the horse farm fits in with the character of Orono and that the Applicant should consider additional acreage for the housing of horses. Charles Kelley, Council Member, stated that in the past when this barn and arena were used for horse shows, parking along Watertown Road was a problem. Kelley commented that the environmental issues regarding the disposal of the waste from the horses should also be addressed. Sholl stated that presently the waste is hauled away and is stored temporarily on the eastern • side of the property. Stoddard stated that the Applicant will need to make a determination on whether to keep the guest house along with a determination on how many horses will be housed there. Lindquist remarked that the Applicant should meet with City Staff and review the variances required to see if any of them could be avoided. Gaffron stated that the conditional use permit was based on the entire 37 acres being considered one parcel. Sholl commented that she would like to keep the barn, arena, and house on one lot. Sholl noted that if 21 or 22 acres are needed to keep that as one lot, she may not proceed with the subdivision. Gaffron stated that the City's table regarding oversized accessory structures does not go beyond 6,000 square feet and that number will need to be calculated. Kelley stated the Applicant will need to make a determination on whether she wishes to keep the commercial use of this property, which will require more acreage, or to give up the commercial use and go with fewer acres. PLANNING COMMISSION COMMENTS Items#13 and 14 follow Item 16. • (#15) PLANNING COMMISSION APPROVAL OF MINUTES FOR APRIL 19, 1999. 19 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 Lindquist moved, Hawn seconded, to approve the minutes of the Regular Planning • Commission meeting of April 19, 1999, as submitted. VOTE: Ayes 4, Nays 0. (#16) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON MAY 24, 1999,AND JUNE 14, 1999. May 24, 1999- Berg June 14, 1999- Stoddard (#14) OTHER ISSUES FOR DISCUSSION Hawn reminded the Planning Commission members of the upcoming housing seminar on Thursday. Gaffron stated that three Planning Commission members have indicated that they will be attending this seminar. Gaffron remarked that a study was conducted last year of 12 cities and has different options that the City of Orono may want to review. Berg commented that she serves on a committee that addressed affordable housing and has not seen any study. Gaffron stated that this study does not specifically address affordable housing but housing needs in general for this area. ADJOURNMENT Lindquist moved, Berg seconded, to adjourn the meeting at 10:30 p.m. 110 Elizabeth Hawn, Chair Person • 20