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HomeMy WebLinkAbout10-16-2020 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 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, Scott Kirchner, Dennis Libby. The following Commissioners were absent: Mark McCutcheon. Representing Staff were Community Development Director Jeremy Barnhart and City Planners Melanie Curtis and Laura Oakden. Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Kirchner moved,Libby seconded,to approve the Agenda for the October 19,2020 Planning Commission meeting.VOTE: Ayes 6,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF September 21,2020 Gettman moved,Erickson seconded,to approve the minutes of the Orono Planning Commission meeting of September 21,2020.VOTE: Ayes 6,Nays 0. PUBLIC HEARINGS 1. LA20-000051 NIH HOMES,4465 NORTH SHORE DRIVE,VACATION(Staff: Laura Oakden) Brian Benson O/B/O NIH Homes,Applicant, was present. Staff presented a summary of packet information. Ms. Oakden noted Planning Department Staff supports the request to vacate the unimproved alley. Chair Ressler said as policy they must notify all service providers,Frontier being one of them,and asked if Frontier had an issue with it, would that change Staffs recommendation. Ms. Oakden replied no,and noted in the recommendation, for Staff to approve the proposed alley vacation contingent on any easement requests by utility companies. All utility companies have responded with the exception of Frontier, and none have requested easements. Gettman asked if there is any idea as to what caused the alley to be required in the first place. Ms. Oakden said it was out of a plat in 1889 and she assumes it was before North Shore Drive was there; these were cabin lots and the alley was the access to those lots. She noted over time portions of the alley have been vacated and this is the final portion. Kirchner asked regarding Frontier, did Ms. Oakden say there was a contingency that this would be vacated assuming there is not an easement request from any utilities. Ms. Oakden replied it is contingent on any easement requests, so if there is an easement request before City Council,they adopt their easement request. She stated it is not typical that they get easement requests through Frontier so she would not anticipate one but she did put it in the motion. Page 1 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Kirchner asked if that contingency expires at some point, is he hearing that expiration would be once it goes to the City Council. Ms. Oakden said yes, City Council would then take all input into consideration with their action. Brian Benson,201 East Lake Street, Wayzata, O/B/O NIH Homes,(the current owner of 4465 North Shore Drive)noted he has spoken with both neighbors who have indicated they'd like to get this cleaned up;the alley goes through one neighbor's garage as it has for 50 years or so. Chair Ressler opened the public hearing at 6:06 p.m. Chair Ressler closed the public hearing at 6:06 p.m. Gettman moved,Libby seconded,to approve LA20-000051,4465 North Shore Drive,Vacation of Unimproved Alley.VOTE: Ayes 6,Nays 0. 2. LA20-000059 HENDEL HOMES, 1775 FOX STREET,CONDITIONAL USE PERMIT(Staff: Melanie Curtis) Steve Kothman OB/O Hendel Homes,Applicant,was present. Staff presented a summary of packet information.The applicant is requesting a conditional use permit (CUP)to install a full bathroom including a shower, in a new pool house. Planning Department Staff recommends approval of the CUP conditioned upon the property owners' agreement to the filing of the standard restrictive covenant against the property regarding the building's use. Ressler asked for clarification if any of these applications go before the City Engineer for review in case of environmental concerns or impact regarding the installation of an auxiliary shower and full bathroom. Ms. Curtis replied the City Engineer would not review it regarding the plumbing itself,and the septic system is sized based on bathroom number in the home and the toilet and sink are an allowed use; however,the shower requires a CUP due to the intensified use of the building. She noted there are no concerns that have been expressed about the installation. Ressler asked if this project will hook up to existing septic. Ms. Curtis answered in the affirmative, stating it will hook up to the existing septic system for the home. Mr. Steve Kothman, Senior Project Manager for Hendel Homes, stated it is a pool house conforming to the hardscape areas and falls within the setback lines of the flood plain and other areas. Chair Ressler opened the public hearing at 6:11 p.m. Chair Ressler closed the public hearing at 6:11 p.m. Libby thinks Ressler's question about the services is valuable and important but he does not see anything other than agreement on his part as Staff recommendation seems prudent and well thought out. He noted the designs look in keeping with good fit and finish. Page 2 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Chair Ressler agrees with Staffs opinion recommending approval. He asked if anyone else has an opinion. Kirchner asked just below the proposed pool house it appears there is a future septic area and asked if that is part of this project or if that plan is for the future. Ms. Curtis noted that is the alternate septic site should it be needed and the setback to the actual treatment area of the mound is 20 feet,which the building complies with. Kirchner moved, Gettman seconded,to approve LA20-000059, 1775 Fox Street, Conditional Use Permit,contingent upon City Staff's recommendation that it is not used for a home,dwelling or leased/rented as a dwelling. VOTE: Ayes 6,Nays 0. 3. LA20-000064 KRAEMER& SONS,320 WOODHILL ROAD, CONDITIONAL USE PERMITS(Staff: Melanie Curtis) Kevin Hilgers OB/O Kraemer& Sons,Applicant,was present. Staff presented a summary of packet information. The applicant is requesting two conditional use permits for the property: 1)A CUP for a Guest House use; and 2)A CUP to install a full bathroom, including shower, in a new pool cabana building. Planning Department Staff recommends approval. Mr.Kevin Hilgers reported the project is within hardcover calculations and setbacks and they are simply following protocol for formality purposes. Chair Ressler opened the public hearing at 6:15 p.m. Chair Ressler closed the public hearing at 6:15 p.m. Chair Ressler asked Ms. Curtis to verify that the project will go under the existing septic that is already on site and there is nothing unique or exact being added. Ms. Curtis replied the property is connected to City sewer. Bollis moved,Libby seconded,to approve LA20-000064,320 Woodhill Road,Conditional Use Permits. VOTE: Ayes 6,Nays 0. 4. LA20-000065 GONYEA TRANSFORMATIONS, 140 KINTYRE LANE, CONDITIONAL USE PERMIT(Staff: Laura Oakden) Tom Larson O/B/O Gonyea Transformations,Applicant,was present. Staff presented a summary of packet information. The applicant is requesting a conditional use permit (CUP)to install a 450 square foot accessory building which will include a bathroom, shower, storage space, open office and exercise space. The CUP is due to the shower request. Planning Department Staff recommends approval conditioned upon property owners' agreement to filing restrictive covenants. Page 3 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Tom Larson added that this new structure will be tied to the existing sewer and water on the property. Chair Ressler opened the public hearing at 6:18 p.m. Chair Ressler closed the public hearing at 6:18 p.m. Kirchner moved,Erickson seconded,to approve LA20-000065, 140 Kintyre Lane, Conditional Use Permit contingent upon restrictive covenants as recommended by City Staff. VOTE: Ayes 6,Nays 0. 5. LA20-000066 MARTY SARENPA, 1101 NORTH ARM DRIVE,VARIANCE(Staff: Laura Oakden) Marty Sarenpa,Applicant,was present. Staff presented a summary of packet information.The applicant is requesting an average lakeshore setback variance. Staff finds there are practical difficulties inherent with the property as the existing location limits the type or any additions/renovations that can be done. Planning Department Staff recommends approval of the average lakeshore setback variance. Chair Ressler said the variance they are talking about is average lakeshore setback and seeing as this is building like-kind,the addition of additional structure will not further encroach upon the average setback. The additional structure is not triggering a variance for total structure or finished hardcover and asked if that is correct. Ms. Oakden replied that is correct;the Applicant is meeting all other zoning requirements and they are asking to do an addition for a solarium on the South side of the home,not lakeward of the existing home. Marty Sarenpa, 1101 North Arm Drive, stated he is looking for a variance to build a solarium and can answer any questions. Chair Ressler opened the public hearing at 6:22 p.m. Chair Ressler closed the public hearing at 6:22 p.m. Ressler stated the application serves many of the purposes the Planning Commission normally faces,they are not further encroaching,they are building like-kind,the only variance entertained is average lakeshore setback and they are not worsening an existing condition. He is inclined to support Staffs recommendation. Erickson asked Mr. Sarenpa, in looking at the aerial photo it looks like there is a good-sized shade tree fairly close to the proposed solarium and wondered if he is contemplating taking the tree down for more sunlight. Mr. Sarenpa responded no; it is an old oak tree which was damaged from straight-line winds before he purchased the property back in the early 1990's. He is not looking to take the tree down and hopes it lasts as long as possible. Page 4 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Kirchner moved,Bollis seconded,to approve LA20-000066, 1101 North Arm Drive.VOTE: Ayes 6, Nays 0. 6. LA20-000067 ALETHEA SADOWSKI, 1265 SHORELINE DRIVE,VARIANCE (Staff: Melanie Curtis) Alethea Sadowski, O/B/O Roger and Nancy McCabe,Applicant,was present. Staff presented a summary of packet information. The applicant is requesting a variance in order to construct an upper level porch addition on to the existing home encroaching entirely into the average lakeshore setback. Planning Department Staff recommends approval of the variance. Bollis asked if the proposed project will go completely over existing hardcover. Ms. Curtis replied yes but she believes there is a tiny piece of hardcover being added. She said they are conforming at 24.99%with the proposed addition. Chair Ressler asked if the proposed addition is encroaching upon the average lakeshore setback. Ms. Curtis answered yes,noting the red line on screen is the average lakeshore setback. Erickson asked if the neighboring house is a two-story. Ms. Curtis said 1305 Shoreline Drive is a two-story home. Erickson said the addition of the roof over the balcony could have some impact on the view. Ms. Curtis said she does not believe so as the way the home is oriented, 1305 Shoreline Drive is on a higher level of topography. She noted 1265 Shoreline Drive is much lower on the land and there is a mature oak tree and mature evergreen tree on the property line that almost block their view of the pool area on the subject lot. Alethea Sadowski, 1265 Shoreline Drive,noted she spoke to the neighbor directly to the East and he has offered to write a letter to give the home owner a favorable reply. She reported it is a bit of a struggle as half of the house is in a hardship. Chair Ressler opened the public hearing at 6:30 p.m. Chair Ressler closed the public hearing at 6:30 p.m. Chair Ressler asked Staff to help him understand the project as they always try to avoid adding additional structure inside of a lakeshore setback and would like to know how Staffs recommendation differs from that regarding this Application. Ms. Curtis clarified they are not within the 75-foot setback; onscreen she noted the 75-foot setback comes just house-ward of the pool and they are not encroaching into that area. Staff is supportive of this as it does not appear that it will negatively impact views of the neighboring homes,which is the purpose for the code provision. Page 5 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Gettman asked if there is any history on the pool. Ms. Curtis replied she does not know the history. Kirchner clarified there is an existing 14-foot encroachment and this project would be adding an additional 10 feet totaling 24 feet. Ms. Curtis responded that is true. She said the setback line angles and is about 14 feet and gets smaller as one moves to the East; she doesn't know if it is exactly 24 feet but from the house as it sits now it is 10 feet further towards the lake than the house sits. Chair Ressler stated it is meaningful to know that the proposed plans are building beyond the lake lot setback of 75 feet. Bollis asked Staff to refresh the Commissioners' memory on why the pools on this home and the neighboring home are not considered within the setback line. Ms. Curtis reported the average setback line is measured from the most lakeward part of the principal building. The pools are considered structure so are not part of that calculation. She noted upper level decks and the home itself would be part of the principal building and that is why the line is drawn from the location shown,rather than using the pools. Bollis asked about stairs. Ms. Curtis said a 6-foot-high portion of the principal building is what Staff uses; she clarified if it is 6 feet or above. She stated in the average lakeshore setback they allow encroachments that are 42 inches or less. Libby moved,Kirchner seconded,to approve LA20-000067, 1265 Shoreline Drive,Variance. VOTE: Ayes 6,Nays 0. 7. STAFF UPDATE FROM THE OCTOBER 12,2020 CITY COUNCIL MEETING(Staff: Jeremy Barnhart) Barnhart said many of the items the Planning Commission reviewed in September were reviewed by the City Council on October 12,2020. The variance at 2697 Casco Point Road was approved;the variance for 4780 North Arm Drive West was approved. Some items the Planning Commission recommended denial on,the City Council tabled;the Council had the same struggle with practical difficulties for the project at 3249 Casco Circle and tabled it pending the Applicant's ability to come back with a revised plan that would match the practical difficulties. Regarding several variances at 1985 Fagerness Point,the Applicant made changes to the plan and presented those to the Council;the Council struggled with the front yard setback so they tabled it. The Council also provided comment on the proposed project at the Northwest corner of Willow and Wayzata. Their main issue was density and impact on the community and direction was given;Barnhart noted the Applicant made some drastic changes to the plan so the Commissioners may want to look at the Council packet from October 12, 2020. The Council approved the Text Amendment regarding variances and there will be an ordinance that will exclude 33.3%from the dry-buildable calculation. Chair Ressler asked regarding 3249 Casco if there was any input from Council on the roofline. Page 6 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Barnhart replied the Council was careful not to redesign the project for the Applicant,but they held fast to the practical difficulties. In discussion,they said to meet building code and meet the same roof pitch the Applicant will need bigger rafters;the Applicant was advised to review the drawing and come back for further consideration. Kirchner asked if they are talking about the garage that was going to go vertical and would then have an encroachment. Mayor Dennis Walsh took the podium and clarified the City Council told the Applicant they could support a variance because by having to take the current roof off,as it is not to code,they would need bigger rafters. For example,they would need 2x12 framing rather than 2x6 and the Council would give a variance for that because that would be a practical difficulty. The Applicant said he would go back and speak to the client about it. ADJOURNMENT Gettman moved,Bollis seconded,to adjourn the Planning Commission Meeting. VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 6:41p.m. ATTEST: 1 Jon Ressler, Chair Page 7 of 7