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HomeMy WebLinkAbout11-15-2021 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION Monday,November 15,2021 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,Dennis Libby,Mark McCutcheon, and Jon Ressler; Commissioners Bob Erickson and Matt Gettman were absent.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 5,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 20,2021 (CORRECTED)AND OCTOBER 18,2021 Ressler moved,McCutcheon seconded,to approve the minutes of the Orono Planning Commission meeting of September 20,2021 (corrected)and October 18,2021.VOTE: Ayes 5,Nays 0. PUBLIC HEARINGS 1. LA21-000069 HOXIE HOMES&REMODELING,LLC—JEFF HOME,4635 TONKAVIEW LANE,VARIANCES. Alena and Luke Severson,Applicants,were present. Staff presented a summary packet of information. City Planner Curtis stated the request is to expand the non-conforming home within the front yard setback. The home is situated almost entirely within the 35 foot front yard setback area and the front of the home encroaches 2 feet into the City's road right-of-way and the existing roof encroaches further.The Applicant has proposed an addition to the rear of the home, to add an attached garage,and a second floor.The Applicant has identified the existing condition as a practical difficulty supporting the requested variance.Additionally,they have provided supporting documentation and should be asked for additional testimony regarding the application. Staff agrees there is difficulty inherent to the existing location of the home in reference to the property line.Any expansion of the majority of the home would require front yard setback variances. However, considering the scope of the project,the Applicant has alternatives for expansions which do not further encroach toward the front property line.Planning Staff recommends denial as proposed and suggests the Applicant redesign the project to receive a minimum of a 10-foot setback from the front property line for the second story. The Commissioners asked clarifying questions on setbacks,boundary lines,right-of-way,and a retaining wall. Alena Severson,Applicant,noted the family has lived there for 12 years,have 3 children,and the home is a 2 bedroom 1 bath house. They did not know about the property boundary coming through the house until they began the process.The Applicants would like to keep a smaller footprint while connecting a garage to the home. Architect Mike Eckert, 1039 Nebraska Ave. W., St.Paul, stated they are trying to add a second floor to add bedrooms and a bonus room, as well as expand the living space on the first floor.He noted the home Page 1 of 4 MINUTES OF THE ORONO PLANNING COMMISSION Monday,November 15,2021 6:00 o'clock p.m. is not within the setback so almost anything they add does not comply with the ordinance.In order to mediate that they are setting it back so the eaves and the second level do not cross the property line. Ms. Severson noted if they went 10 feet they would not be able to fit the bedrooms. McCutcheon asked if the Applicant considered adding on to the south where there is more yard-space. Ms. Severson noted they are trying to maintain the same footprint because of the detached garage and the house is really finished on the back, and there are mature oak trees they do not want to tear down. Mr.Eckert noted they are trying to put the garage in a similar area as the detached garage,so it did not make sense to come in from the south in this design. McCutcheon is sensitive to the fact that the Applicant purchased the property because of its beauty,do not want to tear down trees, and are maintaining the existing footprint. Chair Kirchner opened the public hearing at 6:15 p.m. Chair Kirchner closed the public hearing at 6:15 p.m. Chair Kirchner does not have a problem with what is shown in lavender on screen and trying to connect the home,he does struggle with the second story resulting in a zero lot line setback, as well as some of the existing encroachments. Bollis thinks the lavender makes sense but he thinks the second story makes sense,as well.They are not building directly up and are doing a good job to make the situation better. He does not think the second story is egregious in any way. McCutcheon agrees with Bollis,the footprint is already there.He asked if they want to say"don't reinvest in your property because it's already in a situation that isn't ideal for the City."It is what it is and the City will not force them to tear it down.He noted if they were trying to ask for more and go outside the footprint that would be a hard no,but he can support this variance. Ressler stated this one is more difficult and he is trying to relate to some of the others they have looked at such as a boathouse.The Commission is allowing people to maintain things that are encroaching but they draw a pretty hard line when those things are zero or over the line such as this one.He said it makes it more difficult to fix if the City allows an addition to it.Ressler does not think they need to have the house relocated but also does not think they would be making it any easier by adding structure within the 35 foot setback and worsening an already bad situation. He wants to make something work. Libby appreciates that they have tried to utilize a cantilever effect to gain some additional bedrooms and space.However it exacerbates an existing problem as it increases the encroachment.He agrees with Staff somewhat in that practical difficulty is hard to establish;he would tend to favor this as what the Applicant is asking for seems to be the only solution to the dilemma of the housing need for their family.Libby would tend to be in favor of granting the variance. Ressler noted there could be buildable areas,noting they would lose a lot of backyard but that is where the house is supposed to be under City guidelines.He does not know if that is practical difficulty. Page 2 of 4 MINUTES OF THE ORONO PLANNING COMMISSION Monday,November 15,2021 6:00 o'clock p.m. Bollis moved,Libby seconded,to approve LA21-000069,4635 Tonkaview Lane Variances as submitted and for the Applicant to work with Staff to come to an agreement regarding the retaining wall.VOTE: Ayes: 3(McCutcheon,Libby,Bollis),Nays 2(Ressler,Kirchner). 2. LA21-000070 THE METROPOLITAN COUNCIL—TERRIE DEBAKER,3447 CRYSTAL BAY ROAD,CONDITIONAL USE PERMIT TO ALLOW A PUBLIC SERVICE STRUCTURE FOR A LIFT STATION AND A VARIANCE TO ALLOW A GATE AT THE ENTRANCE. John Chlebek of the Met Council,Applicant,was present. Staff presented a summary packet of information. City Planner Oakden stated the gate will be turned into the fencing standards and the Applicant is no longer requesting that variance,therefore it is just a conditional use permit(CUP)tonight. Planning Staff is recommending approval.Met Council is proposing a new building to serve an existing sewer utility lift station.The engineer reviewed the project and provided comments on drainage which will be worked out with the building permit and noted consideration for landscaping and screening between the facilities and neighboring properties. John Chlebek,Met Council Environmental Services, 13951 Davy Court,Rosemount, noted the structures are deteriorating,pumps and processes need to be replaced,there are reliability issues,no backup power in case of an outage,and the lift station is a critical facility for transported wastewater for that area. Chair Kirchner opened the public hearing at 6:37 p.m. Chair Kirchner closed the public hearing at 6:37 p.m. Chair Kirchner would like to see some consideration on blocking for neighbors. Ressler noted they have a problem with utilities in the right-of-way and are trying to get things out of the right-of-way which this does. It also tucks things away in an area where it is not as visible. Ressler moved,Bollis seconded,to approve LA21-000070,Crystal Bay Road,Conditional Use Permit as applied.VOTE: Ayes: 5,Nays 0. 3. LA21-000066 ZONING TEXT AMENDMENT: SECTION 78-72 LOTS OF RECORD Staff presented a summary packet of information. City Planner Curtis said the City is proposing a text amendment which would remove the 25%hardcover limitation applied to development and redevelopment of lots of record within Tiers 2-5. In 1992,when the City codified the original Shoreland Overlay District regulations using the DNR draft ordinance,they were allowed to take a departure from the standard 25%hardcover limitation by maintaining our already established graduated zones of increasing percentages based on the distance from the OHWL.At that time,the City was applying 4 zones of hardcover limitation: 0' —75' setback from the OHWL no hardcover was permitted(except for the DNR-approved exceptions);within the zone between 75' and 250' from the OHWL,a maximum of 25%of that area was permitted to be hardcover;between 250' and 500' from the OHWL,30%of that area was permitted to be hardcover; and between 500' to 1000' from the OHWL,a maximum of 35% of that area was permitted to be hardcover. In 2012,the City's hardcover regulations were restructured after Page 3 of 4 MINUTES OF THE ORONO PLANNING COMMISSION Monday,November 15,2021 6:00 o'clock p.m. a study to simplify the regulations for homeowner use and the City assigned each property to a Tier based on their setback distance from the OHWL. The Code currently requires that development of any non- conforming size property requiring variances would also be subject to lot width and/or area variances depending on the lot size. She noted the Planning Commission has seen instances for lot-width or lot-area variances on an existing lot to put on a deck and it does create a difficulty for property owners.Ms.Curtis noted Staff is proposing this amendment and she walked the Commissioners through text and language changes. Chair Kirchner opened the public hearing at 6:47 p.m. Chair Kirchner closed the public hearing at 6:47 p.m. Ressler moved,McCutcheon seconded,to approve LA21-000066 Zoning Text Amendment: Section 78-72 Lots of Record.VOTE: Ayes: 5,Nays 0. OTHER BUSINESS—Update on October 18,2021 City Council Meeting Barnhart updated the Commissioners on actions from the City Council,noting a table on the animal units, and approval of an ordinance to remove solar restrictions on roofs. ADJOURNMENT Libby moved, Bollis seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 5,Nays 0. The Orono Planning Commission meeting adjourned at 6:55 p.m. ATTEST: Scott Kirchner,Chair Page 4 of 4