Loading...
HomeMy WebLinkAboutMinutes from council meetings � ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 #2469 PETER ANDREA COMPANY, CONTINUED 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. ; • I A resident in the audience commented that this was the second time that the Applicant has not � 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. i 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. ' . i 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 I 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. , i Hawn requested that her motion be reinstated to table this matter. j 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. Page 6 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. 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 prope�ty 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. 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 Af�davit of Publication were noted. The Applicant was not present. Hawn noted that the Applicant was requested to submit some required information before tonighYs 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, Page 5 ^ , ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 #2485 ALEX AND CATHY JOHNSTON, CONTINUED 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 I feet. � Weinberger commented that as a condition of approval the property owner will be required to file a I 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 shall be that a final plumbing inspection be held until the septic system has been installed and approved by the City. I 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 ii 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. ;I 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 i a final plumbing inspection be held until a septic system has been installed and approved i 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. Page 7 . , ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 #2492 RICK AND GAIL LUZAICH, CONTINUED Phil Reznick,Attorney-at-Law,was preseni. 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. , i 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. I � ; � 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. i Reznick inquired whether the City was requiring a replanting of mature trees approximately the i 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 '`I the City to accomplish the restoration, but they would like to keep this property in line with the other su�rounding 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 ';I, 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 Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 24, 1999 *(#14) #2485 ALEX AND CATHY JOHNSTON,940 BROWN ROAD SOUTH - CONDITIONAL USE PERNIIT-RESOLUTION NO. 4294 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4294, a Resolution Granting a Conditional Use Permit to Allow a Guest House for Property Located at 940 Brown Road South. VOTE: Ayes 5, Nays 0. *(#15) #2487 ROBERTA A. ROTI3, 1251 BRIAR STREET- VARIANCES - RESOLUTION NO. 4295 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4295, a Resolution Granting Variances to Permit Removal of an Existing House and Construction of a New Residence on the Existing Foundation for Property Located at 1251 Briar Street. VOTE: Ayes 5, Nays 0. (#1� #2493 KATHERINE TAYLOR HOMES, 692 TONKAWA ROAD - VARIANCES - . RESOLUTION NO. 4296 Katherine Taylor was present. Barbara Pugh, property owner, was present. Weinberger stated that the Applicant is requesting several variances to construct a two-car garage where a one car garage exists and attach a deck to the second garage on the property. Currently there are two garaaes on the property, the first is a one-stall detached located on Tonkawa Road and the second is a two-car garage attached to the house. Weinberger stated the property owner had converted a cabin into a year-round residence and that this property does contain a higher water table. Weinberger stated the one-stall garage is presently located 2.3 feet from the property line and would require variances to the side yard setback and street setback to add a second stall to the garage. The second option that is before the City Council tonight is proposing to construct a two-car detached garage which would require a variance to the existing hardcover. This garage would replace the existing one-stall garage located 10 feet from Tonkawa Road. Weinberger stated the second portion of this application is requesting a variance to construct a second story deck and spiral staircase to the existing residence. These improvements have received building permits and are currently underway. A hardcover variance is being requested to allow the deck to be located within the 75-250' setback from the lake. This will be new hardcover that will not increase the amount of hardcover because the deck will be located over existing hardcover. 16 ORONO CITY COUNCIL MEETING MIlVUTES FOR MAY 24, 1999 (#2466 James Renckens/John Winston, Continued) City Attorney Barrett stated because the motion was unsuccessful, the application for a subdivision has been declined and that a resolution statina the reasons for the denial should be brought back before the City Council at its next meeting. The Applicant would then be required to wait six months before a new application can be submitted since this variance was denied. Mayor Jabbour indicated that he does intend to vote on the new application, noting that he abstained on this matter tonight because he has made an offer on this property for his daughter. Kelley inquired whether the Applicants would be required to go back before the Planning Commission. Mayor Jabbour stated a new application would need to be submitted to the Planning Commission. *(#11) #24b9 STEVEN AND JO WEBSTER,500 ORONO ORCHARD ROAD SOUTH - VARIANCES - RESOLUTION NO. 4292 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4292, a Resolution Granting Variances to Setbacks to Allow a Residential and Garage Addition to the Existing Residence Located at 500 Orono Orchard Road South. VOTE: Ayes 5, Nays 0. X(#12) #2483 TRENT R�ZABEK,3200 BAYSIDE ROAD - VARIANCE RENEWAL- RESOLUTION NO. 4293 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4293, a Resolution Granting Variances to Permit Construction of an 8' by 12' Entryway Addition to the Existing Residence Located at 3200 Bayside Road. VOTE: Ayes 5, Nays 0. (#13) #2484 WOODIIII.L COLTNTRY CLUB,200 WOODHII..L ROAD - CONDITIONAL USE PERNIIT Mayor Jabbour moved, Peterson seconded, to table Application #2484 to the June 14, 1999 City Council meeting. VOTE: Ayes 4-0-1, Kelley Abstained. 15