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HomeMy WebLinkAbout09-20-2021 Planning Commission Minutes (corrected) MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 20,2021 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 Kirchner, Commissioners Chris Bollis,Bob Erickson,Matt Gettman,Dennis Libby,Mark McCutcheon,and Jon Ressler.Representing Staff were Community Development Director Jeremy Barnhart, City Planner Melanie Curtis,and City Planner Laura Oakden. Chair Kirchner called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved,Bollis seconded,to approve the Agenda.VOTE:Ayes 7,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 16,2021 Gettman moved,Ressler seconded,to approve the minutes of the Orono Planning Commission meeting of August 16,2021 as submitted.VOTE:Ayes 7,Nays 0. PUBLIC HEARINGS 1.LA21-000057 BOB ERICKSON,365 WESTLAKE STREET,PRELIMINARY PLAT Bob Erickson,Applicant,was present. Commissioner Erickson stepped down and excused himself for the item. Staff presented a summary packet of information. Barnhart noted Mr. Erickson is requesting Preliminary Plat approval to plat the vacated portions of Westlake Street and his lot at 365 Westlake. The plat will approve the provision of a drainage and utility easement and additional right-of-way for a cul-de-sac as required by the City Council when they vacated the portion of Westlake. The main issue outstanding is provision of an easement to enlarge the cul-de-sac at 372 Westlake; Staff suggested the portion Mr. Erickson controls on the west side,that the additional easement be provided to make a larger more conforming cul-de-sac. Staff recommends approval of the preliminary plat and notes that this is not a subdivision,they are not creating any more lots,there are no public improvements proposed,and Staff is recommending approval subject to the easement and Watershed District approval. Gettman asked if there was public benefit to doing this other than the access to the easement for public utilities;he thought they had talked about public access. Barnhart replied that was a Staff and Planning Commission recommendation and the City Council did not agree.They found there was adequate benefit to vacation with provision of the cul-de-sac and other concessions Mr.Erickson provided. Bollis asked regarding the cul-de-sac,could they move it over towards the side that is owned and not have an easement on Mr.Erickson's side. Barnhart replied that would be an option. Page 1 of 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday,September 20,2021 6:00 o'clock p.m. Bob Erickson,372 Westlake Street,clarified he has discussed the additional easement for the cul-de-sac with Barnhart and expressed his reservations and since that time his reservations have grown. The 40-foot radius that exists now was determined in 1999 and it was agreed to with the explanation that with a standard 50-foot radius the outside 10 feet is typically used for either snow removal,storage,or parking. Mr. Erickson pointed out on the east side most of it is taken up by his driveway and his neighbor's driveway.They have done things based on that 1999 approval and have put fencing along the area, planted 3 arborvitae, and have a red maple which would all have to be removed if he gives away the extra 10 feet,which he has no plan to do.It is not a part of the application nor is it part of Mr.Erickson's personal plan.Another thing that seems redundant is the Minnehaha Creek Watershed District(MCWD) approval and he realizes it is standard for a lot of projects.However in looking at Exhibit C in the Staff report,Mr.Erickson initiated contact with the MCWD and explained the project and that he will be removing hardcover near the lake,and the MCWD sent a letter back stating that no permit is required. Bollis asked how Mr.Erickson would feel about adjusting the side he controls so they can get a conforming cul-de-sac in there. Mr. Erickson replied the west side has always been 50 feet and the existing portion in the middle,where the existing street is,is also 50 feet. Combining that with the 40 feet pre-existing,there is a total package that just barely shoehorns in to the flat area. If the whole thing was pushed further west they would have to cut into a rather steep hill to make room and put a significant retaining wall around it. He would prefer not to do that but use what he has submitted in his application. Kirchner opened the public hearing at 6:17 p.m. Linda Thrasher,356 Westlake Street,wants to reaffirm her approval of what Mr.Erickson is suggesting. She is a landowner on the street and has spent a lot of time with Mr. and Mrs. Erickson to understand what they are doing,noting they have been incredibly accommodating.The street could use some help and improvement and the Preliminary Plat works well for Mr.Erickson,but also for the neighbors. It is thoughtful,attractive, and will be an additive to the neighborhood. Kirchner closed the public hearing at 6:18 p.m. Libby noted he was in favor of this a year ago when they first reviewed it,he spent a considerable amount of time walking and inspecting the site.He was able to see firsthand how difficult it was for the maintenance truck to pull up to the facility,do the work,and turn around. He thinks the proposal by the Applicant is practical and will improve the safety and practical nature for the City in doing the maintenance there.He supports improvement. Ressler was in support of the vacation. Regarding the cul-de-sac,the City has seen applications and rigidity in the ability to approve conventional or conforming cul-de-sacs as defined by the City,and a hard line has been taking.Knowing that,he feels that will be the City Council's belief,as well.He would like to see the 40-foot radius amended because this is the chance to get it right. He respects Mr. Erickson's desire in keeping it at 40 feet,he also thinks the City Council would probably like to see it conforming.Based on that reason,he would like to see a 50 foot radius on the east and west sides. Bollis echoed Ressler's concerns. He thinks it would make more sense to have a conforming cul-de-sac created there and it needs to go farther to the west. He believes the main reason for vacating the roadway Page 2 of 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday,September 20,2021 6:00 o'clock p.m. was to have a conforming cul-de-sac for benefit to the public.Bollis would like to see it get as close to conforming as possible. Kirchner agrees regarding the cul-de-sac. He stated regarding the MCWD requirements,it would only be appropriate to include those as this project could take another 1-20 years to complete and regulations may change. Ressler moved,Libby seconded,to approve LA21-000057,365 Westlake Street,Preliminary Plat based on the contingencies of Staff recommendations to try and make the 50-foot radius of the cul- de-sac and the Minnehaha Creek Watershed District approval. Barnhart has heard Commissioners talking about shifting the cul-de-sac and clarified Staffs recommendation is simply to add a 10-foot easement adjacent to parcel 10.He asked if the will of the Commission is rather than acquire that 10-foot easement,to shift it to the west? Ressler clarified his motion:he is not opposed to either. He feels they have been quite rigid about requirements for cul-de-sacs so however they get there is his motion. Kirchner agreed;however it gets there to get a conforming cul-de-sac overall. VOTE: Ayes 6,Nays 0. Erickson Abstained 2. LA21-000061 ERIC VOGSTROM O/B/O WILLIAM AND SUSAN DUNKLEY 2709 WALTERS PORT LANE—PRELIMINARY PLAT(STAFF: JEREMY BARNHART) Eric Vogstrom,Applicant,was present. Staff presented a summary packet of information. Barnhart stated the Applicants are requesting Preliminary Plat approval to re-plat their lots and an outlot owned by the Dunkley's. The re-plat would allow for a cul-de-sac to allow access for the Dunkley's off of Pence Lane,and the cul-de-sac and re-plat would allow the removal of certain access restrictions imposed by the previous plat. Staff is recommending approval.All of the lots are conforming as to area,width,and hardcover,they are not creating any new lots but simply adjusting various boundary lines. They received one comment from an area resident who objects primarily to the notation on the plat that shows a concrete driveway as they feel it may be a bit misleading and be labeled"concrete"as it is part of Walters Port Lane. Staff included 2 conditions,the first to ensure the City Engineer approves the drainage plan and the second is in regards to landscaping between the two parallel driveways. He noted the driveways are not parallel until one gets well into the lot so it is probably appropriate to remove that as a condition. Eric Vogstrom,2710 Pence Lane, clarified the distance between the driveways is anywhere from 10-14 feet.He noted they spent a lot of time making this conforming, cleaned up a lot of lot lines,and he thinks it is a pretty good plan. Kirchner opened the public hearing at 6:34 p.m. Kirchner closed the public hearing at 6:34 p.m. Page 3 of 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 20,2021 6:00 o'clock p.m. Ressler moved,Bolls seconded,to approve LA21-000061 Eric Vogstrom,2709 Walters Port Lane, Preliminary Plat as applied with Staff's recommendation and removing the provision of trees to buffer the parallel driveways.VOTE: Ayes 7,Nays 0. 3. LA21-000062 DON GAMBLE O/B/O KIM EDWARDS,TRUSTEE,2480 CARMAN STREET—ZONE CHANGE CONCEPT REVIEW(STAFF: JEREMY BARNHART) Don Gamble,Applicant,was present. Staff presented a summary packet of information. Barnhart noted the proposal involves policy change. The person representing the properties at 2474 and 2480 Carman Street is requesting feedback on a potential zoning change from a mix of LR-1C-1 and LR-1B to LR-1C. The main difference is in the LR- 1B district the minimum lot size is one acre and the minimum width is 140 feet.The Applicant is proposing LR-1C which allows a half-acre minimum lot size and a one-acre minimum width. If these properties are zoned LR-1C,these parcels could be subdivided in creating 4 parcels. The hang-up for the City Council has been creating a non-conforming lot as part of a subdivision and historically the Council does not allow that and held firm with this project.The main change will be a new or additional lot and potentially 2414 Carman could also be subdivided. Barnhart clarified this is not formal approval or a public hearing but Staff is looking for some feedback. Kirchner understands that one lot with two zoning districts does not provide clarity.He also does not believe the resolution is to change these and make them into non-conforming lots as that does not better the situation. Barnhart said by rezoning this,all of the properties will be conforming. Kirchner's understanding is if they were to be subdivided they would then be non-conforming. Barnhart clarified in changing the zoning district to LR-1C or LR-1C-1,they could subdivide that into 4 pieces and they would be conforming.All properties are zoned residential. Ressler believes that is reasonable.Kirchner agreed. Gettman said in looking at public benefit,he does not see the public benefit to rezone all four parcels;it is already a tight lagoon and he does not see an advantage in putting two more houses there at the water access. The Commissioners discussed access points for the lots. Libby is comfortable with this and noted they would still have lots that are significantly bigger at one-half acre than neighboring lots in the area. Don Gamble, 10704 Water Lily Lane,Woodbury,Applicant,noted he grew up in Orono and his family home on Shoreline Drive just sold.He said this has been a slow-moving project and they are hung up on the front two houses having non-conforming lots and there is no way to take land from the back and give them an acre.He said the only way to get them conforming is to get the zoning conforming with the neighborhood. Casco Point is LR-1C-1 all the way around,and no one knows why there is a difference in zoning.To be contiguous and uniform,the LR-1C also makes those front lots conforming.He explained Page 4 of 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday,September 20,2021 6:00 o'clock p.m. in taking land from the north lots and adding those to the south lots,they ran into the problem in creating a shoreline that is not 140 feet wide. Gettman would not support it,noting just because other lots in the area have been given the privilege of subdividing does not justify these two additional lots for subdividing.The question is where do they stop...the next two lots,the next four lots should also be put down to half-acre.He would not support rezoning of these two lots or any other lots as it is already overcrowded,there is not easy access,and the easements already exist. Kirchner noted some Commissioners would support and others would not. McCutcheon noted it is a lot with mixed zoning and they should fix that. He is in support of it. Libby is also in support of it and does not share Gettman's concerns because there is such a limited quantity of lots,unless there were teardowns and combinations of lots. Erickson agrees with Libby. To his mind the best land-use policies are those which conform with geographic features and the waterway through the middle is one of those and would be a good choice for division of the two lots and for different zoning uses. Gettman asked to show the map of the area on screen.His main concern is the scope creep;he noted they have a problem with the ability to meet the zoning requirements at Casco Point and now they are expanding to the east with that same issue. He clarified that same zoning they are currently talking about is the very same zoning they are always having trouble with on Casco Point. His point is why would they continue down a bad path? Ressler respectfully said the issue on Casco is usually parking, streets,and hardcover rather than lot size. He thinks one-half acre is a reasonable lot size. Bollis agrees that Casco Point has a lot more non-conforming lots. He was concerned about this creeping to the east but with the geographical lagoon,he does not see the reason for changing that other area's zoning.Overall he would be in favor of changing the zoning. Kirchner clarified if it were to change to LR-1C it would mimic Casco Point's zoning at this time. 4. LA21-000051 ROBERT LINDEN CONSTRUCTION-ROBERT LINDEN, 1074 LOMA LINDA AVENUE,VARIANCES(STAFF: MELANIE CURTIS) Merrilee Lundquist,o/b/o John Lundquist,Applicant,was present. Staff presented a summary packet of information. Curtis stated the current home was constructed in approximately 1931. The property has been in the family of the current owner since 1951. The Applicant is proposing a project that will add a second story and rebuild the garage,attaching it to the home via a 141 square foot connecting addition on the main level.The existing home has two bedrooms and one bathroom, all on the 2nd floor. The Applicant is proposing to reconfigure the main level to accommodate a half bath and construct an additional bedroom/office and bathroom over the new garage to improve function and livability. The existing 11/2 story home is in a conforming location with respect to setbacks. The addition will result in the house itself becoming non-conforming with respect to the side and rear Page 5 of 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday,September 20,2021 6:00 o'clock p.m. setbacks so setback variances are needed.The current plan reflects reductions and alterations based on Staff guidance. Staff finds that the narrowness of the property and the location of the existing home limit improvement opportunities for expansions or improvements beyond the existing home footprint or envelope. Planning Staff recommends approval of the variances subject to the Applicant addressing stormwater runoff. Merrilee Lundquist, 975 Tonkawa, is present to speak for her son John Lundquist who inherited the house from his grandmother in 2009 and is out of town on business.Ms.Lundquist grew up in the home and noted the structure is solid but needs a lot of updating and improvement. They tried to find a place for another bedroom in the main house and it is not really possible. She thinks connecting the main house to the garage is a good project.Loma Linda Road is 50-foot lots and the basic face of the road is all garage and she thinks it is important to update the street-side. Ms. Lundquist noted the neighbors welcome the updating of the house and that the house is too small for her son to possibly raise a family there. Gettman asked in talking with neighbors across the street,especially the one with a deck that overlooks the house,what have they said about adding a second story to the garage. Ms. Lundquist replied the homes were mostly cottages and have been redone. She has spoken to those neighbors and they both signed off as she explained and answered their questions. Gettman asked what if everyone in the neighborhood put on a two-story garage,does Ms.Lundquist think that would change the character of the neighborhood at all? Ms. Lundquist noted the one next door is torn down, and there are three houses on the street that having living space over a garage. Robert Linden, 4356 5'h Street NE, Columbia Heights, will be the builder and said it is a 1'/2 story and everything will be hand-framed. They are preserving access to the well, and he explained the proposed additions including 2.5 feet of kitchen space and a stairwell. Kirchner opened the public hearing at 7:24 p.m. Oliver White, 1040 Loma Linda Avenue, is about 2-3 houses north and he and his wife support the Applicant's proposal. Kirchner closed the public hearing at 7:25 p.m. Ressler was deliberating on adding more structure so close to the property line.As far as what is requested to be built,it seems that it fits the spirit of the neighborhood and he is okay with the application. Bollis thinks it is well thought-out and appreciates the play to reduce the massing. He likes the intent and sees the difficulty here. Gettman also supports it and noted the issue is the neighbor to the west.He noted the entire area is getting revamped and there is already no visibility of the lake from those folks;he said a story-and-a-half really does not change the appearance from the street and he is in favor. Page 6 of 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 20,2021 6:00 o'clock p.m. Ressler moved,Gettman seconded,to approve LA21-000051 Robert Linden Construction-Robert Linden, 1074 Loma Linda Avenue,Variances as Applied.VOTE: Ayes 7,Nays 0. 5. LA21-000059 ALLISON CELMS AND OLIVER WHITE, 1040 LOMA LINDA AVENUE, VARIANCE(STAFF: LAURA OAKDEN) Allison and Oliver White,Applicants,were present. Staff presented a summary packet of information. Oakden stated the Applicants are requesting lot area, lot width,and average lakeshore setback variances in order to redevelop the property.A home on the property was recently demolished,and was situated lakeward of the average lakeshore setback line(ALS, shown in red on screen)which,based on the location of the two adjacent neighbors,cuts through the subject lot at an angle,establishing a setback between 116 feet and 155 feet from the lake.The home was located 68' from the ALS and the neighbor to the north is significantly further from the lake due to the flag-shaped lot and the proposed home will be in conformance with the 75 foot lake yard setback. Staff finds the orientation of the setback line resulting from the extreme setback of the northern neighboring home,the unique configuration of the northern neighboring lot,and the existing lot's substandard size there are practical difficulties supporting granting the requested variances for the new home. The Applicant provided a letter of support from the northerly neighbor. Staff recommends approval of the variances as requested. Ressler clarified they are improving the ALS from 68 feet to 71 feet? Oakden replied the proposed house will meet the 75 foot setback. Allison and Oliver White, 1040 Loma Linda Avenue,noted they had a lot of discussion with the neighbor to the northwest, and the neighbor expressed their support. In pulling the house back the neighbor to the south was also happy with the plan because it gives privacy to both neighbors. Kirchner opened the public hearing at 7:35 p.m. Kirchner closed the public hearing at 7:35 p.m. Kirchner appreciates that they are behind the 75 foot setback;the lot is non-conforming as is so he is not too concerned with the variances. He believes the practical difficulty has been expressed regarding the ALS.He is fully supportive of the application. Ressler echoed exactly what Kirchner said. Libby noted the previous nonconforming house has already been demolished. He commented that the in- kind building envelope has passed and we need to always protect the average lakeshore setback. Erickson also appreciates the 75 foot setback being respected. Gettman moved,Bollis seconded,to approve LA21-000059, 1040 Loma Linda Avenue,Variance as Applied.VOTE: Ayes 6,Nays 0,Abstain 1.Commissioner Libby abstained. Page 7 of 8 MINUTES OF THE ORONO PLANNING COMMISSION Monday,September 20,2021 6:00 o'clock p.m. 6. LA21-000060 TIM JOHNSON OB/O SPRING HILL GOLF CLUB,725 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT(STAFF: MELANIE CURTIS). Tim Johnson,Applicant,was present. Staff presented a summary packet of information. Curtis noted Tim Johnson is representing Spring Hill Golf Club and The Applicant is requesting a conditional use permit(CUP)approval to conduct three separate construction projects on the existing golf course property.In the RR-1B zoning district, golf courses are a conditional use;reasonable conditions may be applied as appropriate to mitigate undesirable elements of the use. They are planning an expansion of the clubhouse patio on the west side, a rest house,and a cold storage building. The Applicant is removing three buildings totaling 3,200 square feet and approximately 1,600 square feet of asphalt.An adjacent property owner commented on the cold storage building and those questions were posed to the Applicant and have been incorporated into the comments. Staff recommends approval of the CUP in order to proceed with the projects as proposed. Compliance with the MCWD rules should be a condition of approval. Tim Johnson,o/b/o the Golf Club,stated the patio extension is to make greater distance between tables and will be reducing the amount of seats,and there will not be additional lighting out there. The Wells House or comfort station is currently self-serve and will still be maintained,however they are trying to enclose those bathrooms.The cold storage building will replace a few older buildings which will hopefully come down. Kirchner opened the public hearing at 7:51 p.m. Kirchner closed the public hearing at 7:51 p.m. Kirchner thinks this would continue to add value to the community and to the course.He is supportive. Ressler moved,Libby seconded,to approve LA21-000060 Spring Hill Golf Club,Conditional Use Permit as Applied.VOTE: Ayes 7,Nays 0. ADJOURNMENT Gettman moved, Erickson seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 7, Nays 0. The Orono Planning Commission meeting adjourned at 7:53 p.m. ATTEST: jvctl--%/1. S : ' - er,Chair Page 8 of 8