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HomeMy WebLinkAbout10-21-2019 Planning Commission MinutesMINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis, Bob Erickson, Matt Gettman, Dennis Libby, Mark McCutcheon, and John Thiesse. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Chair Ressler called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Thiesse moved, Libby seconded, to approve the Agenda for the October 21, 2019, Planning Commission meeting. VOTE: Ayes 7, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 16, 2019 Gettman moved, Erickson seconded, to approve the minutes of the Orono Planning Commission meeting of September 16, 2019, as submitted. VOTE: Ayes 7, Nays 0. NEW BUSINESS 1. LA19-000074 WILLIAM GRIFFITH ON BEHALF OF TJ BONNETT, 40 AND 45 SMITH AVENUE, RIGHT-OF-WAY VACATION AND VARIANCE, 6:33 P.M. — 7:44 P.M. William Griffith, Attorney -at -Law, and TJ Bonnett, Property Owner, were present. Barnhart stated the property owner is requesting the City vacate a portion of Smith Avenue and additional, unimproved rights-of-way adjacent 40 to 40 and 45 Smith and to the Luce Line State Trail. The property owner owns 40 Smith Avenue as well as 45 Smith Avenue located across the street. The desire is to vacate the rights-of-way adjacent to these lots, which consists of Smith Avenue, Almo Place, and Almo Lane. The ultimate desire is to subsequently subdivide or rearrange the lot lines. Part of the challenge that Staff has in these types of applications is that the Council must find that there is no public interest in the right-of-way. Staff does not support the vacation at this time primarily due to the utilities that are located in the rights-of-way. If Smith Avenue is vacated as proposed, 40 Smith will not have the requisite lot width and a variance would be required. The applicant is deferring the variance application until the Council decides on the vacation request. If the Planning Commission finds that the unimproved Almo Place and Lane serve no purpose, the Planning Commission should recommend it be vacated. Without plans for the provision of a cul-de-sac, an approved method to accommodate the lot width issue and a plan to accommodate existing public use/improvements within the right-of-way, Staff does not support the vacation of Smith. Staff could support to vacate portions of Smith as part of a larger development plan, subject to the following: 1. Provision of a cul-de-sac city standard turn -around for users of Smith. 2. Inclusion of sanitary sewer improvements within retained right-of-way. 3. Inclusion of a trail easement from Smith Avenue to the Luce Line. Page 1 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. The City has received a number of written comments from the residents in the neighborhood, both in support of the request as well as against. The City must find that Smith serves no public purpose in order to vacate it. Ressler asked if Staff would still support the vacation if only one of the three items are completed. Barnhart indicated it would need to be all three before Staff would change their recommendation. Ressler stated also part of the consideration is the fact that there are municipal services that are located in the area proposed to be vacated. Barnhart illustrated the location of the manhole that the City would like to be protected for future maintenance. William Griffith, Attorney -at -Law, stated he is here tonight representing the property owners, and that he would like to point out that they agree with Staff's three conditions, which would then support the vacation request. This request is not about eliminating access to the Luce Line. Currently someone has to go over private property to access the Luce Line, and the property owner is offering to dedicate a public easement over private property, which would then provide permanent access to the Luce Line. There is presently no development plan for the property. Interest in vacating Smith Avenue came about because the City has plans to improve Smith Avenue in 2020. In looking at that project, Mr. Bonnett met with Staff on a couple of occasions and asked how the situation can be improved. The end of the road is not used unless someone gets lost on their way to 6 Smith Restaurant. Most of the pavement is in bad shape. If the vacation and cul-de-sac does not occur, the City is obligated to pave to the end of the road, and they would be putting asphalt where green space could exist. In discussing this with city officials, Staff's best recommendation was to submit the request for a vacation. Staff's recommendation could be, in fact, conditions for approval. Griffith reiterated that access to the Luce Line would not be lost. With the conditions of approval that are being offered by Staff, the public interest would be maintained and access to the storm sewer would also be maintained. Ressler asked if they are proposing an alternative to what is mentioned in Staff s report as it relates to the trail easement. Griffith stated the offer is to provide an alternative public easement and Mr. Bonnett can address that. Ressler asked if he is talking about including an easement to cover the utility. Griffith stated his understanding is if a cul-de-sac were built there, it would become part and parcel of the cul-de-sac, and the manhole would be covered by an easement. Ressler asked if the biggest issue is allowing alternative access to the Luce Line. Page 2 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Barnhart stated the biggest issue Staff has is that those three items be illustrated on a plan. TJ Bonnett, 40 and 45 Smith Avenue, noted there have been some emails circulating in the neighborhood that might have conveyed the wrong impression of what is being proposed and that he is not here to block anyone's access to the Luce Line. There are five access points along Smith and Lyman to the Luce Line currently. If this vacation happens, there will still be five access points, and that he wants it clear where the permanent easement will be. Bonnett indicated he is not sure where the future lot lines would be, which is why it is not depicted on the plan. When people use their GPS to find the restaurant, it unfortunately shows it located at the end of Smith Avenue. As a result, a number of cars will come down the road every weekend, which creates an unsafe condition for any children in the area. Bonnett stated he has attempted to address it with City officials at other times, and with the improvements to the road, the City would save a lot of money by not paving that area of the road. Mr. Griffith is here to help navigate what happens with the street and to do the necessary paperwork. They do not view this as some type of contested issue and in their view it would be a good solution for the neighborhood and provide some safety. The last thing they want to see is an accident happen. Bonnett indicated he has no plans to build on the vacated property except for perhaps a garage, which will not occur for at least five years, and that he hopes this is a good solution and a good time to address this road. Ressler asked if there is any reason why he would not be agreeable to providing an easement as proposed versus the alternative. Bonnett stated they are agreeable to that but the property line might move. Barnhart stated Staffs issue is not with where the easement is as long as access is protected, but the bigger issue is the creation of a cul-de-sac. The location of an easement for trails has some potential to not match, which is why Staff would like to see it on a plan so it is clearly defined. Chair Ressler opened the public hearing at 6:50 p.m. Stacy Quinn, 125 Smith Avenue, noted they did write a letter in opposition of this vacation. Quinn indicated she is a Libertarian and she believes in the four-way test. The four-way test is: Is it is the truth, is it fair to all concerned, will it build goodwill and better friendships, and will it be beneficial to all concerned. Being one of the first two homes on Smith Avenue, she has seen maybe two people who have been lost looking for 6 Smith. Quinn stated they purchased on Smith because they have access to the Luce Line off of Smith, which is a safe way to access the Luce Line. There is no formal plan in place, and she has not been approached by Mr. Bonnett until yesterday when she received an e-mail from him. Gettman asked whether a cul-de-sac would be an improvement in her mind. Quinn indicated she would like to see the plans and know what it looks like. Based on what is being said tonight, it is still up in the air as to what it is going to look like as well as the access to the Luce Line. Have heard of lot of maybe's but nothing in concrete. Page 3 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Ressler asked if she is fundamentally okay with the cul-de-sac but opposed to relocation of the access point. Quinn indicated that is correct. Lisa Benson, 1220 Lyman, stated she and her husband agree this is a wonderful neighborhood and that they also have a concern about the safety of the Bonnett children, their own two children, and all of the children living in the neighborhood. Like the Bonnetts, they agree that public access to the Luce Line at the end of Smith Avenue should be preserved. While she can appreciate TFs comments, she does not see evidence that thought was given to other children in the neighborhood and that it is not clear to her how the plan improves the safety of other children. Benson stated she is not convinced that the idea of collective community safety has been considered here and that it can be hard to appreciate how safe our community is. The real fear is distrust and discord between neighbors. The reason there is distrust at the moment is because the residents heard about the proposed changes from a letter. Benson stated they have a strong desire to maintain relationships with our neighbors. Benson stated when they used to walk the trail, they were unaware that they were accessing it over private property. TJ Bonnett kindly told her family that they were welcome to use the trail and that she agreed he should not feel pressured to allow the public to use his private land to access the trail. In speaking with Rachel Henzen from the DNR, she indicated the DNR would be willing to enter into an agreement with the City to make an official connection from Smith to the Luce Line. Benson indicated she is in agreement with Staff's recommendation and that she does not support the proposed vacation because she does not see evidence that it will help ensure the safety of anyone. Like the Bonnetts, she supports the preservation of access from Smith, and she would encourage Staff to research the options and allow everyone in the neighborhood to continue to enjoy the shared public spaces. Howard McMillan, 1275 Lyman Avenue, stated in light of the incomplete plan, the Planning Commission should consider tabling a decision tonight until further plans can be developed and put before the public. Having been a resident on Lyman Avenue for a little over 30 years, access to the trail has never been truly well defined and it is a pathway that seems to follow the path of least resistance down to the Luce Line. McMillan stated at some point he has no doubt that he crossed TJ's property but that he has no idea where that would be. McMillan stated he does not believe there are five access points to the Luce Line and instead there are only two, and one is the horse trail. Three parcels are owned by the DNR. If they went straight off the pavement, it looks like you would run into DNR land that could be used as an access point. McMillan stated he would not want the liability of citizens falling or injuring themselves on his private property and that they may want to consider having the access off of DNR land. In addition, TFs two properties sit on either side of the flat spot of Smith Avenue. That large flat area is narrow and Smith and Lyman might be substandard roads. The flat area also allows fire trucks to use it as a staging area since the narrow street creates extra challenges for the fire department in addition to the lack of fire hydrants. The Smith Avenue access provides many benefits in that it is a quiet road with little to no traffic. Removing the public benefit would be detrimental to the property values and enjoyment of the area. Page 4 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. McMillan noted Orono has recently adopted its 2040 Community Management Plan and Parks and Open Space and Trail goals, which identifies that the plan is based upon the following goals and policies: One, to provide passive open space and active recreational opportunities to serve the needs and desires of all residents; two, protect, preserve, restore, and provide access to ecologically significant areas, natural resource areas, wildlife habitats and open space; and three, to provide city-wide bike and walking trails that provide connections between area parks, open space, and when possible, function as transportation corridors. While there might be a solution in vacating some of the land, he does not want to see the City vacate the asphalt portion of Smith Avenue. Instead, this is an opportunity for the City to develop and make a much clearer access and path for people to use the Luce Line Trail and avoid having to use Orono Orchard Road. Ash Day, 1171 Lyman, stated perhaps posting a no turn -around sign would be helpful. Cars have turned around in his driveway from time to time. Day questioned how a cul-de-sac would fit within that space and that he would like to see it on a plan. One question the City should consider is whether they want to give away the second potential egress from the neighborhood, because if they shut that off, that egress would be gone. Shawn Benson, 1220 Lyman, stated they learned about this seven days ago from an anonymous letter, and that he is wondering what the process is for how this is supposed to unfold and how the neighbors learn about it. Ressler stated the Planning Commission's responsibility is to provide feedback to the City Council and that they have the option of either voting for, against, or tabling the application. Barnhart stated Staff sent out a postcard to properties located within 500 feet of the two subject parcels. That notice has to be sent out between 10 and 20 days before the meeting. Staff did field a number of calls and questions right away, which demonstrates that people received it. If the Planning Commission elects to table the application, direction will be provided to the applicant on how they should proceed, and then it will be heard at the City Council meeting on November 121. Benson stated it would be nice to notify everyone on Lyman and Smith because they are all impacted by it and that they might not be dealing with completely accurate information. Chair Ressler closed the public hearing at 7:13 p.m. Ressler stated what is proposed is unclear, which is the difficulty a number of people are having today. Providing equitable access to the trail and addressing safety concerns would be agreeable to the neighbors but that he is not sure how they get there. It is not clear whether that can be done with an alternative access point. McCutcheon stated he would be in favor of tabling the application. McCutcheon indicated he drove down there this weekend and the road is tight. The neighborhood needs a cul-de-sac. If there is a plan that depicts the cul-de-sac and the trail access, that would be very helpful. Due to the City's pavement project, the timeline is tight and requires decisions to be made rather quickly. McCutcheon recommended they show the sanitary sewer solution as well on the plan. Page 5 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Thiesse asked when the road project will be reviewed by the City Engineer. Barnhart indicated it will be this winter. Thiesse asked if the cul-de-sac will fit on the right-of-way. Barnhart indicated it will not and that the City would like to make it as standard as possible for emergency vehicle access. Thiesse stated the three concerns he heard related to access, safety, traffic, and turnaround. Thiesse stated he usually is not in favor of vacations, but that a turnaround will be provided with a cul-de-sac. While the owner is going to benefit greatly by this, he will also be giving back so the City will not be losing anything. If a formal plan that meets all the requirements is submitted, he would likely be in support of it. Gettman stated a decision at this point would be premature and that he would be in favor of tabling it at this point. Bollis indicated he agrees with Staff. Bollis asked if anyone sees a benefit going away for the City to be able to continue that access down to Orono Orchard Road. Thiesse noted there is a fairly steep embankment and a number of trees. Barnhart stated engineering staff has not looked into that as a serious turnaround at this point, but that Staff could come back with some preliminary information from the city engineer about any issues that he observes. Libby asked where the access is currently to the trail. Barnhart pointed out the informal path on the overhead, noting that it comes off of Orono Orchard Road South and then cuts into an open area. Libby stated it is essentially an open access for anyone that could walk in. Barnhart stated he believes there might be a number of informal access points and there are some opportunities to make a better access. Ressler asked if the access is out of kindness right now rather than obligation. Barnhart stated it historically has been the access point and that the property owners recognize the City's goals in terms of access, and they would like to maintain that. Libby stated the willingness of the applicant to agree with Staff s proposed conditions, which all seem pretty reasonable, leads him to agree with the need for those but that he needs to look at it on a plan. Libby stated he is aware of the fact that in Orono there was a cul-de-sac that existed for 50 years on a plan and the City actually had a right-of-way to extend the cul-de-sac for additional development. The safety issues that were brought up tonight, a lot of those were dramatically reduced with the cul-de-sac. Page 6 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Erickson commented Staff has done an excellent job of outlining the issues and proposing the necessary items to help meet the City's requirements to create a larger development that specifically shows a cul-de- sac and a trail easement needs to be done. The cul-de-sac will be a long-term benefit to the neighborhood and would eliminate people backing up into people's driveways. Erickson stated his question would be, if the City concurs that a more specific plan is its goal, could the Planning Commission give conceptual blessing to the process and move it on to the City Council. Barnhart stated the Planning Commission can either approve it with the conditions recommended by Staff, deny it, or table the application to allow the applicant time to illustrate those items on a formal plan for further review by the Planning Commission. Thiesse noted the Planning Commission could deny it and the applicant could add it to a plan prior to the City Council meeting. Ressler asked if there is direct access to the trail without crossing Mr. Bonnett's property currently. Barnhart noted there is City -to -DNR right-of-way currently but that it has morphed onto Mr. Bonnett's property over the years. Ressler stated tabling it would delay any action on this. If this were passed or denied with some requirements or contingencies, that would save about 30 days so it does not have to come back before the Planning Commission again. William Griffith stated a fourth condition could be to require a plan be provided to the City Council and that they are in agreement with the three conditions as well as providing a formal plan. That plan could also be made available to anyone who is interested in seeing it. Ressler noted recommending denial does not stop them from being heard by the City Council. Griffith indicated he would rather have a recommendation of approval. Thiesse commented he would like a plan that the residents could look at prior to the City Council meeting and that they need some time to do that. Thiesse asked whether a public hearing could be held at the City Council meeting. Barnhart stated the Planning Commission could recommend a public hearing be held at the City Council meeting. While a formal public hearing is not required, the Council typically receives public comment at the meeting. Thiesse noted there is no formal notice sent out to the neighbors and that people interested in this application would need to know when it would be before the City Council. Barnhart stated the next City Council meeting would be November 12. Barnhart stated the applicant has two options. They could either provide a plan or they could proceed forward with what they have. The applicant has already agreed to address the issues that Staff has raised, and the idea would be to provide a plan depicting those. If they would like to receive the feedback from the Planning Commission on that plan, they should ask for it to be tabled. Page 7 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Erickson stated he would support it with the four conditions and moving it on to the City Council. Thiesse stated because they are acting on a request for a vacation, in his mind they should deny it because it is lacking certain information. Gettman noted the applicant would get a chance to rectify those omissions before the City Council meeting, and that approving it would essentially mean the Planning Commission is really not necessary. Ressler indicated he is against tabling it and that the Planning Commission has enough information to make a recommendation one way or another. Denying it would give the applicant an opportunity to supplement their application. Gettman moved, Libby seconded, to recommend denial of Application No. LA19-000074, William Griffith on behalf of TJ Bonnett, 40 and 45 Smith Avenue, right-of-way vacation and variance, with the understanding that the applicant has time to submit a formal plan. TJ Bonnett noted they have agreed to all four conditions and that they are here basically because Staff recommended they pursue a vacation to clean up this situation. Access to the Luce Line is not going to be denied. Bonnett indicated he does not want to come back six or eight times. Ressler stated what it comes down to is avoiding coming back multiple times, which is what tabling would do. The Planning Commission does not have a formal plan at this time so they do not know what exactly they would be approving. Thiesse stated those four items raised by Staff will come up in the denial. If the Planning Commission just recommends denial with no requests, they will not know what the Planning Commission is looking for. Gettman moved, Libby seconded, to amend the motion and to recommend denial of Application No. LA19-000074, William Griffith on behalf of TJ Bonnett, 40 and 45 Smith Avenue, right-of-way vacation and variance, with the understanding that the applicant has time to submit a formal plan incorporating the three conditions outlined in Staff report. Libby stated as an advisory body, he would encourage the applicant to come up with something graphical. Bonnett stated they would have done that for this meeting had they known they needed that. Erickson stated in his view all the points they mentioned could be placed in a motion recommending approval and that he will vote against the motion to deny. Barnhart noted this item would be heard at the November 12 City Council meeting. VOTE: Ayes 6, Nays 1, Erickson Opposed. 2. LA19-000079 DAVID WEEKLEY HOMES, 580 SANDHILL DRIVE, EASEMENT VACATION AND EASEMENT CREATION, 7:44 P.M. — 7:53 P.M. Stephanie Griffin, David Weekley Homes, was present. Page 8 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Oakden stated the applicant is requesting approval of an easement vacation in conjunction with establishing a new trail easement. The subject portion of the trail is located along the west side lot at 580 Sandhill Drive in conjunction with establishing a new trail easement. The trail was established within the subdivision and is designed to connect the interior sidewalks to the city sidewalks. During a review of the work, it was recognized that the trail that was installed was outside the easement area. The replacement easement will be the same size but realigned over the existing trail. To date, no public comments have been received. Planning Staff recommends approval of the vacation and new proposed easement. Ressler noted there is already an easement in place, but as it is written, the sidewalk would have to be relocated since it was placed in the wrong place. Oakden stated they could relocate the sidewalk or relocate the easement. Bollis asked if the new easement would impact the setbacks. Oakden indicated it will not. The applicant is working to provide title work to Staff to ensure the easement is recordable against the development. Stephanie Griffin, Excelsior Group, stated she is representing David Weekley Homes. The easement was originally filed. The sidewalk was completed in 2017 at the end of the season and it did not get placed in the correct spot. Redoing the easement would be an easier and simpler process rather than redoing the sidewalk. Chair Ressler opened the public hearing at 7:48 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 7:48 p.m. Ressler noted this easement only impacts one lot. Ressler asked whether the line would change. Oakden noted the line would jog slightly to the west. The sidewalk connects to the outer sidewalk in a slightly different spot, but where it connects with the internal sidewalk system is close to what currently exists. Libby stated he is glad to know the developer is addressing the title work. Griffin stated they do have the title work ready and that the easement will be recorded once approved. Ressler noted there is not opposition by the development or the potential lot owner and that this seems to be a housekeeping item. Erickson moved, Gettman seconded, to recommend approval of Application No. LA19-000079, David Weekley Homes, 580 Sandhill Drive, easement vacation and easement creation. VOTE: Ayes 7, Nays 0. Page 9 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. 3. LA18-000081 DAVID AND STACEY ROYAL, 3135 JAMESTOWN ROAD, VARIANCE, 7:53 P.M. — 7:57 P.M. Stacey Royal, Applicant, was present. Curtis stated the applicant is requesting a lake setback variance to rebuild an existing 1,100 square foot barn on the property in a different footprint and orientation. The applicants are proposing to construct a new 1,400 square foot barn in generally the same location on the property but further from the lake. The proposed location is 124 feet from the ordinary high-water level but closer than the required 150 -foot setback from Lake Classen, which is classified as a natural environment lake. In light of the recent change to the City's accessory structure ordinance, the applicant is considering increasing the size of the barn within the range of what was approved by the City Council. Staff does not object to these changes as they do not impact the setbacks. The survey shows the topography of the area is much higher than the lake. Staff finds practical difficulty in the location of the existing barn to be replaced, the sloping topography, and lake setback from the natural environment lake. Planning Staff recommends approval. The Planning Commission had no questions for Staff. Stacey Royal, Applicant, stated the main reason they require a variance is because of where the neighbor's house sits. A discussion was also had with the other neighbor that resides in the house directly to the west of them about the project and neither neighbor is opposed to the project. Curtin noted there is no lakeshore on the property to the east so it is just the setback from the lake that is impacted. Chair Ressler opened the public hearing at 7:55 p.m. There were no public comments on this application. Chair Ressler closed the public hearing at 7:55 p.m. Bollis noted the application is pretty straight forward and the setback is improving. Gettman, Thiesse, Libby, and McCutcheon stated they are in agreement with Commissioner Bollis. Erickson noted the aerial makes it clear that there are no view issues for the neighbors and that he would be in favor of it. Ressler concurred that the application is pretty straight forward. McCutcheon moved, Thiesse seconded, to recommend approval of Application No. LA19-000081, David and Stacey Royal, 3135 Jamestown Road, variance. VOTE: Ayes 7, Nays 0. Page 10 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. 4. LA19-000082 ALEXANDER DESIGN GROUP, 1973 FAGERENESS POINT ROAD, VARIANCES, 7:58 P.M. — 8:12 P.M. Kathryn Alexander, Designer, and John and Christine Buboltz, Property Owners, were present. Curtis stated the subject property has lakeshore on two sides which significantly limits the buildable area. The applicant is proposing additions/expansions to the second story, which are within the lake setback but are over existing first floor. The existing garage on the property is connected to the home via an underground tunnel. This proposed garage rebuild, which will include a rooftop deck and an above -ground addition, requires variances for rear/street setback, side yard setback, average lakeshore setback, and 75 -foot hardcover. In addition, the applicant has proposed to move an existing west facing balcony to the opposite side of the home requiring lake setback, 75 -foot hardcover, and average lakeshore setback variances. The existing balcony is situated lakeward of the average lakeshore setback. The applicant is requesting to move the balcony to the opposite side. The proposed location is technically no closer to the lake, but it is still within the setback. The proposed garage will be located approximately five feet further from the lake than existing but will still be almost entirely within the average lakeshore setback. The survey reflects an incorrect average lakeshore setback line on the roadside. The purple line, drawn by Staff, is correct. The proposed garage will be approximately four feet further from the lake than existing, but it will still be almost entirely within the average lakeshore setback. A majority of the change will be over existing hardcover or existing structure, but the hardcover will increase in the 75 -foot setback area by 607 square feet. Overall the hardcover will increase from 18.5 percent to 21 percent due to the size of the addition. Staff finds that a number of the property characteristics are practical difficulties making development and improvement challenging. The topography of the lot, the dual lakeshore frontage, which applies lake and average lakeshore setbacks on both sides of the property, the narrowness of the lot, and the proximity to the road are all difficulties that support the requested variances. To date no public comments have been received. Planning Staff recommends approval. Ressler asked how further back the new garage would be. Curtis indicated it is four feet. Curtis illustrated the building envelope on the overhead. Thiesse asked if any comments from the neighbors have been received. Curtis indicated they have received comments from two of the neighbors in support of the application. Mr. Buboltz, Applicant, stated he has talked to them both and they have been given the plans. Thiesse noted it is an average lakeshore setback encroachment and they are going up with the addition. Page 11 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Curtis stated a portion of the balcony will be closer to the lake. Kathryn Alexander, Alexander Design Group, stated this was a difficult lot and that they tried to improve from what was existing. The garage needs to be replaced because it is deteriorating and has been made wider so they could get two cars in it. Alexander provided a sketch of the house looking from the left. Ressler recommended they add the drawing to the packet prior to the City Council meeting. Ressler asked if there is any reason why they would not be able to move the garage further inward. Alexander indicated they were also attempting to have access to the front door and the garage is 24 feet deep, which is pretty standard. Thiesse commented they will not want to go less than that. McCutcheon asked how long the driveway is between the garage and the street. Alexander indicated it was more than 20 feet from the street to the face of the existing garage. McCutcheon asked whether a FedEx truck or other delivery vehicles could park there. Alexander noted they are pushing it four feet further back from the street and that currently they can park a pickup truck there. Chair Ressler opened the public hearing at 8:08 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 8:08 p.m. Thiesse stated his main concern was the elevation into the average lakeshore setback but that there appears to be no issues by the neighbors. Ressler pointed out the majority of the building envelope appears to be outside of that setback. Curtis stated the line does cut through the one-story above the garage porch. Thiesse stated the balcony on the other side is small and does not appear to affect anyone's view. Erickson stated he would accept Staff's recommendation. Ressler noted there are lakeshore setbacks on both sides, which makes it more complicated, and that he would like to see the garage a little further back, but that there could be a practical difficulty regarding use if that were done. Page 12 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Thiesse stated they are proposing a 7' x 7' entrance, which is not large, and the size of the garage is not excessive. Erickson moved, Libby seconded, to recommend approval of Application No. LA19-000082, Alexander Design Group, 1973 Fagerness Point Road, variances. VOTE: Ayes 7, Nays 0. 5. LA19-000083 EVERLAST ENTERPRISES, INC., 315 CRESTVIEW AVENUE, VARIANCES, 8:12 P.M. 8:20 P.M. Jim Cleary, Everlast Enterprises, was present Oakden stated the applicant is requesting lot area, lot width, front, and rear setback variances. They are proposing to demolish the existing home and build a new single-family home. The new home is proposed at a similar front setback as the neighboring properties and will be centered on the lot. The lot abuts a vacant lot to the north. The proposed home will be a two-story home with a full basement. There is an existing two -car detached garage on the property that the applicant is proposing to keep. The property is nonconforming to size at 0.34 acres in the LR -IA, two -acre district. The applicant is requesting a 46.3 -foot rear yard setback for the deck where 50 feet is required and a 30.2 - foot front yard setback where 50 feet is required. Many of the homes in the neighborhood sit roughly 25 feet from the front yard setback. There is a front yard exception rule in this neighborhood, but due to the lot to the north being vacant, there is no average, and based on how the code is written, they require a variance from the 50 -foot setback. Staff finds there are inherent practical difficulties with the small lot on the LR-lA two -acre zone. The applicant has made an effort to meet the district standards for a new home and is requesting the front and rear yard setback, lot area and lot width variances. The Commission should discuss whether the front and rear yard setbacks encourages development out of character with the neighborhood. To date no public comments have been received. Planning Staff recommends approval of the requested variances. Gettman asked where the existing home is. Oakden pointed out the location of the existing home, noting that it is approximately 18 feet from the front yard setback. The applicants are proposing to now be 30 feet from the front yard setback. Gettman asked if the overall hardcover is increasing. Oakden indicated they are within Tier 3 and they are within their hardcover limits. Jim Cleary, Everlast Enterprises, noted they have constructed two other homes in this neighborhood and that they were very well received in the neighborhood. Chair Ressler opened the public hearing at 8:17 p.m. Page 13 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. There were no public comments regarding this application. Chair Ressler closed the public hearing at 8:17 p.m. Libby commented the design seems to bring some linearity to the lot and the new placement makes sense so he would be in favor of the proposal. McCutcheon indicated he is in agreement with Commissioner Libby. Erickson stated he is leaning towards approval. Thiesse commented this is a neat little neighborhood that is in transition and that he realizes there are some challenges to the lot. Thiesse indicated he would be in favor of the application. Ressler stated the condition is improving and not outside the scope of the neighborhood. Libby moved, Gettman seconded, to recommend approval of Application No. LA19-000083, Everlast Enterprises, Inc., 315 Crestview Avenue, variances. VOTE: Ayes 7, Nays 0. 6. LA19-000078 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST, SKETCH PLAN, 8:20 P.M. — 9:08 P.M. Curt Fretham, Lakewest Development, was present. Barnhart stated the applicant is requesting feedback on a proposed development that was formally known as the Eisinger property. In 2016, the City Council approved the preliminary plat for Eisinger Meadows, which was a 27 -unit residential subdivision. The homes were arranged in a detached townhome style along a single private street. In 2018, sketch plan support was offered for the development of an apartment building on the vacant land south of Eisinger Meadows. That area was previously used as a landfill. In the development of that preliminary plat, the developer found that the cost estimates to clean up that landfill exceeded their previous expectations and they are currently exploring other options for development of the area. One of those options is to develop the apartment building first. Barnhart noted Staff did not spend a lot of time reviewing the proposed layout and design of the apartment building at this stage. The primary purpose for this sketch plan review is to understand the Planning Commission's and City Council's support for adjusting the land use from urban medium residential to high-density residential. The property is currently zoned RR -IA, which is low density residential, and it is guided for urban medium density residential, which is 3-10 units per acre. The proposed development is 23.9 units per acre, which is high density. Staff has noted the following areas where the project does not meet approvable standards or could be improved: 1. The building design, although not 100 percent refined, presents a rather plain fagade. For a project of this scale and at this location, Staff envisions some additional building architecture/design, including face breaks to reduce the effect of the long, tall elevation planes. Page 14 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. 2. The building height will need to be verified, as this has historically been an important issue to the City. Staff does note that the developer is not proposing flexibility with this standard. The recreational area, for a project of this scale, should include more than trails. 4. The site plan does show minimal landscaping, primarily along the northern edge of the property. The RPUD standards express pretty clear landscaping requirements and landscaping plans should be developed based on these standards. The site plan shows stormwater improvements on Outlot C. This project will trigger watershed review of the stormwater management plan, which may alter the configuration of lot lines, easements, and the constructed stormwater systems. 6. Hennepin County has reviewed the proposed intersections and offered comments. These comments are largely consistent with those offered for the original development. The cul-de-sac does not appear to meet the city standard for paved width. 7. The parking exceeds the requirement of two stalls per unit. However, historically the Council has approved projects with one covered parking stall per unit. This proposal does not meet that standard. 8. No development signage is proposed. At this time the applicant is not requesting any flexibility from the RPUD standards. Gettman noted the last time this property was discussed, he brought up the issue of the right-of-way. Staff has included in their comments that Hennepin County Transportation is in favor of this project, but that the letter from Mr. Godfrey expressed concerns with the right-of-way. Gettman stated he has the same concerns given the traffic from the school and the fact that those concerns are not being addressed. Barnhart noted the County has not changed their original comments at this point, but that concern could be added to the record. At this stage Staff does not have any traffic counts for that road. Bollis asked if this parcel is guided two different ways and why that is the case. Barnhart indicated one portion of the property is guided medium residential density, which is 3 to 10 units per acre, and the rest of the buildable area is guided for high-density, which was done in anticipation of the preliminary plat that was approved as Eisinger Meadows. Thiesse noted the letter from Hennepin County indicates that Phase 3 of Wayzata Boulevard reconstruction will happen in the future and that there is a trail on the north side of the road that only goes to the ballfield but does not go further west beyond that. Thiesse stated in his view the City might be a little shortsighted by not requiring or looking at the possibility of a trail up to the Lurton Dog Park. Thiesse questioned whether the parking could be flipped with the building to allow for additional setback from the road. Gettman asked what the City's actual density target is with the Metropolitan Council. Page 15 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Barnhart indicated part of how the Metropolitan Council classifies Orono is as an emerging community, which requires 3.0 units per acre in sewered areas. Some sewered areas of the community are at much lower density and there are also some areas that are slated for sewer at some point in the future. When those come forward, the City's density will drop. An attempt has been made to pad the City's overall density number so those areas can be sewered. The Metropolitan Council has identified a certain amount of growth between now and 2040, and the City has identified locations for different types of density to accommodate that growth. The City does have some flexibility to move density around but that they need the overall density to be a minimum of 3.0 units. Gettman asked what the City's density would be if the density for this project was not added. Barnhart stated if nothing is done, the proposed density would be 4.6 units, but that he has not calculated what it would be if this development was not done. Ressler commented there are a lot of hypotheticals that could impact that density number and a lot of it is being dictated by the Metropolitan Council. Thiesse asked if the cul-de-sac meets the City's requirements. Barnhart stated at this stage it does not appear to, but at the sketch plan level those types of details are not typically provided. Libby asked if this development will also have city water. Barnhart indicated it will. Ressler asked what percentage of recreation is proposed. Barnhart stated the applicants are likely proposing more than 10 percent with the trails, but that Staff feels other amenities outside of trails would be appropriate. Staff is not sure if the farmers market type area would be appropriate for this type of development. Curt Fretham, Lakewest Development, stated he is here to answer questions and that he does not have a prepared presentation. At this point they have not defined the building design and a lot of the amenities because they are basically looking to see if the City supports this level of density. Thiesse asked if there would be a happy medium between 107 to 195 units and whether there is a possibility of having two more three-story buildings on the property. Fretham stated what they are learning from the environmental component of the project is that they require higher density due to the cleanup costs. Thiesse stated in his view Orono does not need the higher density, but if there is a place in Orono for higher density, this is the spot. Thiesse indicated he also has concerns about placing a 3 -story building next to the road. Libby stated based on his experience, some of the suggested amenities are popular, such as the farmers market and observation deck. Page 16 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Ressler commented Commissioner Thiesse makes a good point and that the viability of this project has to do with the need to appease other entities for density, which can influence the City's decision making. Cleanup of the property is an expensive endeavor and the Planning Commission is cognizant of that fact. Thiesse asked whether any aid is available for cleaning up the site. Fretham indicated they have made applications for cleanup aid and that there are certain things the agencies look for. It is difficult to meet that criteria with the proposed 27 -unit residential and that the intention is to reapply with the higher density that has a lesser amount of cleanup. Fretham stated he is not sure whether they will receive the assistance or not but that in their view they have a better chance by approaching it this way. Erickson stated as it relates to density, even if there was no influence from other agencies, this is the one site in Orono that should have higher density given its proximity to County Road 6, Highway 12, and Highway 112. Erickson commented he likes the latest design of the building given the slight pitch of the roof. There is another site to the north that should not be put into the same category as this property since that property has lakeshore. Ressler stated he wonders whether the City's position on the road would change if the higher density was already in place. Gettman noted Highway 12 was originally guided to have two lanes in both directions but that was reduced to one lane in each direction. Thiesse stated the City can ask Hennepin County but that he is pretty sure the design was based on the projected traffic numbers that included this development. Gettman stated his understanding is the Highway 12 bypass was scaled back due to feedback from the business owners and that both the bypass and Highway 112 are one lane in each direction, which may not be able to handle the higher density. Barnhart stated phase three for Highway 112 is under development and nothing definite has been developed at this stage. The project is slated to begin in 2022. Certain assumptions are made whenever Hennepin County reviews plans. One of the plans reviewed is the City's Comprehensive Plan, and part of the issue is the applicant is proposing a change to the Comprehensive Plan. Part of that review process will be completed by Hennepin County, but that he does not believe Hennepin County is worried about a capacity standpoint. The City's 2040 Comprehensive Plan was approved with anticipated high density residential in the one area. The other area is guided for 3-10 acres, which is medium density. Barnhart stated as part of any development, the City and the developer want to know whether there are significant impacts to the road system. The reviews in 2016 and 2018 with Eisinger Meadows looked at the same thing and no concerns or suggested changes were raised by Hennepin County. Gettman commented his understanding is that it would significantly impact Highway 112 and Highway 12. Page 17 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Thiesse asked whether there is any opportunity to increase the underground parking. Fretham indicated they are proposing 145 stalls underground and that he is not sure if they can fit in anymore. Additional surface stalls have been included and there might be an opportunity to increase that. Ressler suggested the applicant try and provide some aesthetic undulations on the building and potentially switching the parking lot and structure around to provide additional setback to 112. Thiesse noted the applicant has indicated that will not work because the grade drops down. Fretham commented it would also not be very environmentally friendly to switch it around. Ressler concurred that there are not a lot of places in Orono that are better suited for high density. Libby noted the Department of Transportation has plans available on their website that can be reviewed and that they plan the roads for years into the future. Bollis commented it would be nice to see a uniquely designed building and one that is adequately screened. Ressler stated it will also be more difficult to get approval for three stories versus two stories. Thiesse noted they are allowed up to 30 feet. Barnhart stated building height is determined based off the grading plan and that not much detail has been provided at this stage. Libby commented the demand for rental housing is at an all-time high. The Planning Commission took no formal action on this item. 7. LA19-000084 JULIE THOMETZ,1340 BALDUR PARK ROAD AND PINs 08-117-23, 9:08 P.M. — 9:20 P.M. The applicant was not present. Barnhart noted Staff is recommending this application be tabled until a more detailed plan can be submitted. A single property owner owns the 14 platted parcels at the end of Baldur Park. These parcels include the subject parcels, the existing home at the end of the point, and an accessory building/garage. The subject parcel was part of a sketch plan approximately a year ago. At that time one lot was proposed to be platted. The applicant has since adjusted their plans, adding an extension of right-of-way and a second platted lot for the possible construction of two additional lots on the point at Baldur Park. The plan shows the combination of the southern seven lots to be subdivided into two buildable lots. Additional right-of-way for an extension of Baldur Park Road is proposed, including a cul-de-sac. No building or grading plans have been provided. Page 18 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. Staff's report lists a number of issues with the proposed plat and the Planning Commission should provide direction to the applicants. The largest issue to be resolved is the floodplain impact. The site is bounded on two sides by Lake Minnetonka and is generally flat. Portions of the property appear to be below the floodplain boundary elevation of 931.5'. The sketch plan includes some preliminary floodplain mitigation strategies that have not been reviewed. In addition, stormwater plans have not been developed at this stage. Stormwater will need to be managed as required by the Watershed District. Staff recommends the application be tabled until further information is received. Gettman asked whether there is a house on the property currently. Barnhart indicated there is a small cabin on the property. Ressler stated he is not comfortable with discussing the application in much detail without the applicant being present. Barnhart noted this development will require some variances. Ressler stated he is not sure McCutcheon commented it would be nice to know the end game for this area and that he is interested in knowing why they would put a cul-de-sac in the middle. Barnhart stated he sees the ability to place a couple of homes on the combined lots. The cul-de-sac is somewhat driven in the proposed location because of the width of the peninsula. Staff anticipates there will be two more lots at the end for a total of four. Thiesse asked if that is out of line for this property. Barnhart indicated it is not. Thiesse stated as long as they are not creating noncompliant lots, the City cannot deny it for that reason. Barnhart stated the lots are noncompliant now and that they will be combined to make conforming lots. Sort of condemnation of the property, the City has to decide whether a cul-de-sac is more important than a setback variance, as an example. Gettman noted that is the main channel for people going into Crystal Bay and Maxwell Bay. Erickson stated the three issues discussed in Staff's report are important. In addition, the road that is shown would all be paved but it does not show a right-of-way that is any bigger than the pavement. Assuming that the road would end up with a right-of-way bigger than the pavement, the right-of-way would be even closer to the homes than what is depicted. There is also a need to fill in the floodplain to get there, which raises the question of whether this is a lot that should be built upon. Gettman moved, McCutcheon seconded, to table Application No. LA19-000078, Julie Thometz on behalf of 1350 Baldur, LLC, Baldur Park Road, sketch plan. Page 19 of 20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 21, 2019 6:30 o'clock p.m. 10. UPDATE ON SEPTEMBER 9, 2019, CITY COUNCIL MEETING Barnhart reported most of the planning items at the last meeting were approved on the Consent Agenda and that there were no major issues raised with any of the applications. ADJOURNMENT Gettman moved, Libby seconded, to adjourn the Orono Planning Commission meeting at 9:21 p.m. VOTE: Ayes 7, Nays 0. ATTEST: Jon Ressler, Chair Page 20 of 20