HomeMy WebLinkAbout08-16-2021 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 16,2021
6:00 o'clock p.m.
ROLL CALL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Scott Chair Kirchner,Commissioners Chris Bollis,Bob Erickson,Matt Gettman,Mark
McCutcheon,Jon Ressler and Dennis Libby.Representing Staff were Community Development Director
Jeremy Barnhart City Planner Laura Oakden,and City Planner Melanie Curtis.
Chair Kirchner called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Libby moved,Gettman seconded,to approve the Agenda.VOTE: Ayes 7,Nays 0.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 19,2021
Ressler moved,Bollis seconded,to approve the minutes of the Orono Planning Commission meeting
of July 19,2021 as submitted.VOTE: Ayes 7,Nays 0.
PUBLIC HEARINGS
1. LA21-000050 ALYSSA DWYER,2915 CASCO POINT ROAD,VARIANCES(STAFF:
MELANIE CURTIS)
Alyssa Dwyer,Applicant,was present
Staff presented a summary packet of information. Curtis said the Applicants are requesting lot area, lot
width,and average lakeshore setback(ALS)variances in order to redevelop the property. The ALS line
cuts through the lot at an awkward angle and the current home encroaches almost entirely into the ALS as
a result of the home to the south at 2925 Casco Point Road creating an extreme setback line. The
proposed home will improve the encroachment by about 31/4 feet.The Applicant has identified the
location of the home to the south as the primary practical difficulty and provided supporting
documentation within the packet. Staff finds the orientation of the setback line resulting from the extreme
setback of the neighboring home and the existing lot's substandard size as practical difficulties supporting
the requested variances. Staff recommends approval as requested.
Alyssa Dwyer,2915 Casco Point Road,has lived on the property for 7 years and would like to rebuild a
new home on the site.The Applicant has supporting documentation from neighbors including the
neighbor to the south and are in the process of applying for a permit to rebuild their home and have stated
their intention is to bring it up within the normal lakeshore setback.
Chair Kirchner opened the public hearing at 6:04 p.m.
Chair Kirchner closed the public hearing at 6:04 p.m.
Ressler noted this is pretty straightforward and they have seen other applications dealing with the same
thing. He is supportive of the application with the Staff's recommendation.
Ressler moved,Libby seconded,to approve LA21-000050,2915 Casco Point Road,Variances.
VOTE: Ayes: 7,Nays 0.
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MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 16,2021
6:00 o'clock p.m.
2. LA21-000052 PETIT DESIGN-BARRY PETIT,3355 CRYSTAL BAY ROAD,
VARIANCES(STAFF: LAURA OAKDEN)
Jeff Hemingway,Applicant,was present
Staff presented a summary packet of information. Oakden stated the Applicant is proposing construction
of an 831 square foot addition to an existing 815 square foot home which will include a 2 car garage and
living space on the second floor. The existing attached single car garage has a roofed deck and is
proposed to be removed and sits approximately 3 feet from the side property line and the new addition
will meet the 7.5 foot setback along the east property line. The project requests a 7.4 foot sideyard setback
on the west property line where a 7.5 is required. The new addition driveway and front walk are within
the 75 foot lake yard and will increase the hardcover on the property up to roughly 52.6%. The lot is
substandard in area and width and currently has hardcover and building encroachments within the 75 foot
lake yard and sideyard setback. The Applicant is requesting a lake yard setback,hardcover setback,and a
sideyard setback,and a roof eave setback. Staff finds there are practical difficulties due to the lot size,
width,and configuration of the existing home, and the access on Crystal Bay Road being completely
within the 75 foot lake yard,to support the Applicant's request for sideyard,hardcover and 75 foot lake
yard setback variances.While the proposed doubles the size of the home's footprint, it is in character with
the homes within the neighborhood. Staff does not support the 3 foot roof eave encroachment as the Code
allows for the 2 foot encroachment and the Applicant has stated that the roof eave encroachment is due to
a design feature of the home which is believed to be convenience rather than practical difficulty.
Hennepin County provided comment on the application.
Gettman asked regarding the 52.7%hardcover,how Staff found this number to be acceptable.
Oakden replied Staff looked through the neighborhood and all have roughly 50%hardcover as well as the
access changing from a single-car to a double-car access would require additional hardcover. Staff felt
that they were proposing something as minimal as possible to serve that,but the Applicant can speak to
that request,as well.
Gettman does not remember guidance from the City to provide to the Applicant that it should be within
10%of the average,for example.
Oakden said Staff looked at the neighborhood in general,these are extremely small lots,and most of the
neighborhood is around that 50%,as well as the fact that the Applicant is not asking an excessive amount.
Bollis asked Staffs opinion on the trail right-of-way encroachments, asking if now is the time to clean
those up.
Oakden replied those are part of the public comment from Hennepin County for the Commissioners to
decide.Many times,those comments are weighed heavily on a brand-new build,however it is to take into
account as they wish.
Libby asked to see the additional photos and design, in particular where it may relate to the roof eaves and
encroachment.
Oakden walked the Commissioners through the site plan on screen.
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MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 16,2021
6:00 o'clock p.m.
Barry Petit,representing Jeff Hemingway,knows the Staff is not overly pleased with the eave projection
and noted they have a design solution that could step that back. Therefore,the Applicant can withdraw
that request if there is a problem with it.
Libby asked if there was a necessary architectural, drainage, or runoff necessity for the eaves.
Mr. Petit replied no,it was the idea that the line maintains the same profile.
Gettman asked if in the initial application there was a larger footprint that was retracted.
Mr.Petit noted they ran into a misunderstanding on setback so had to pull the house in a little tighter on
the sides and said it was a modest change
Chair Kirchner opened the public hearing at 6:18 p.m.
Chair Kirchner closed the public hearing at 6:18 p.m.
Chair Kirchner struggles a bit with the application as there are existing encroachments on the property,
the site is on a County rather than a City right-of-way, and the County has submitted some feedback on
that.He also struggles that they are okay with an encroachment of approximately 2 inches on one
sideyard setback but not okay with a 10.75 inch encroachment on the eaves. He is trying to understand
what the difference between the two is.
Bollis clarified on the 1.2 inch setback it is to project off the existing line of the house. He is supportive of
the application without the eave variance.
Libby supports Staffs recommendation with the exception of the eave variance as the designer has
considered an alternative which is to be encouraged.
Gettman thinks they should have a later discussion on the arbitrariness of the hardcover,as it seems like
at some point they'd approve something close to 60%which seems extreme,and the City is notorious for
these tight lots.
McCutcheon noted they are always tight in this pie shape. He feels a bit better about the hardcover as
there is a road right in front of it so if there is any drainage it will hit the road.He asked if there is an
opportunity to remove the shed or make it portable.
Jeff Hemingway,3355 Crystal Bay Road clarified the shed was rotting out when he bought the home so
he put new walls and a new roof on it. It is just sitting on the ground.
Ressler noted an ongoing battle on small lakeshore lots and would be supportive of the driveway
hardcover addition because if there is not parking for guests and family it becomes a problem for the
public.He appreciates the Applicant being willing to adjust the eave and would be supportive of the
application.
Ressler moved,McCutcheon seconded,to approve LA21-000052,3355 Crystal Bay Road,Variances
as applied,with the friendly amendment to adjust the eaves setback to 2 feet rather than 3 feet per
Staff recommendation.VOTE: Ayes: 7,Nays 0.
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MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 16,2021
6:00 o'clock p.m.
3. LA21-000054 SHARRATT DESIGN& CO.,2695 SHADYWOOD ROAD,VARIANCE
(STAFF: LAURA OAKDEN)
Mike Sharratt,on behalf of the Applicant,was present.
Staff presented a summary packet of information. Oakden said the Applicant is requesting an ALS
variance to permit an addition and deck improvement to the house that is lakeward of the ALS. Staff
recommends approval of that variance as proposed.The existing home is non-conforming to the ALS and
the peak height of the addition will be lower than the existing roofline. Staff finds there is practical
difficulty due to the extreme setback on the neighboring home which eliminates a viable building
envelope for the property.The property is unique for the neighborhood due to the depth of the parcel and
the ALS is roughly 120-165 feet back from the Ordinary High Water Level of Lake Minnetonka and the
current home is lakeward of that point.The Applicant has submitted letters of acknowledgement from the
neighbors to the east and north. Staff recommends approval.
Mike Sharratt,architect,noted they are at about 1/3 of the hardcover permitted on the property and about
50%of the structural coverage permitted even after the project is done.They did recognize that they
wanted to stay behind the ALS to respect that.
Chair Kirchner opened the public hearing at 6:29 p.m.
Chair Kirchner closed the public hearing at 6:29 p.m.
Libby said even though there is an existing encroachment into the setback,the Applicant is actually
improving it as they are reducing from 77.8 to 77.9.
Oakden clarified the existing home's closest point is 78.8 and the new proposed addition is 77.9;therefore
the Applicant is getting about 1 foot closer to the lake with the proposed addition compared to the
existing house.However,they are entirely behind the 75-foot setback,however they are lakeward of the
ALS.
Gettman moved,Libby seconded,to LA21-000054,2695 Shadywood Road,Variance as
recommended by Staff.VOTE: Ayes: 7,Nays 0.
OTHER BUSINESS—Update on August 9,2021 City Council Meeting
Barnhart noted the City Council reviewed four actions from the July meeting and updated the
Commissioners on the results with some being tabled for a later date.
ADJOURNMENT
Gettman moved,Ressler seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 7,
Nays 0.The Orono Planning Commission meeting adjourned at 6:33 p.m.
ATTEST:
.4/116k
S air Kirchner,Chair
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