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HomeMy WebLinkAbout04-18-2022 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Mark McCutcheon,Commissioners Scott Kirchner,Dennis Libby,Jon Ressler, and Bob Erickson and alternate Commissioner Gary Kraemer; Commissioners Chris Bollis and Matt Gettman were absent. Representing Staff were Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, and City Planner Laura Oakden. Chair McCutcheon called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. OATH OF OFFICE Community Development Director Barnhart led Mark McCutcheon and Gary Kraemer in the Oath of Office. APPROVAL OF AGENDA Libby moved,Erickson seconded,to approve the Agenda.VOTE: Ayes 6,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 21,2022 Libby moved,Ressler seconded,to approve the minutes of the Orono Planning Commission meeting of March 21,2022.VOTE: Ayes 6,Nays 0. PUBLIC HEARINGS 1. LA22-000014 Zehnder Homes,Inc.—Eric Zehnder, 940 North Arm Drive,requests an average lakeshore setback variance in order to construct a pool,patio,and retaining wall to the lakeside of the home. Eric Zehnder,Applicant,was present. City Planner Oakden gave a report on the item,noting the Applicant is requesting an average lakeshore variance(ALS)to elevate the grade over 42 inches in height.A new home is being constructed on the property and the lot has a large sloping yard on the side of Lake Minnetonka. In 2001 a previous owner removed an existing home and did not restore that grade after removing the basement level leaving a large depression in the sloped lake yard.The Applicant is proposing a pool,patio,and retaining wall to the lakeside of the home forward of the ASL. These improvements are proposed to be about 11.5 feet above existing grade. Oakden showed elevations on screen.The Applicant has identified the grade left from the previous removal of the home as well as the sloped lake yard as practical difficulties; Staff finds the grade is a unique challenge to the property and not created by the current homeowner.The proposed project will create a more natural grading pattern similar to neighboring properties.However the property owner can install these improvements without elevating the grade by lowering the proposed pool and patio by using stairs to access the space from the walkout basement of the house. Elevating these improvements is seen as convenience and not necessary for the use of the property. Staff can support a variance to fill the hole left by the previous owner and use the 956 elevation contour as an estimated natural grade. Staff is challenged finding practical difficulties to support raising the grade 8 feet above the 956 elevation. Planning Staff recommends denial of the application. Page 1 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. Eric Zehnder,Zehnder Homes, 10300 Tenth Ave N,Plymouth,noted they are not proposing the 11 foot difference in the Staff report.He understands the existing grade, and said if it had been backfilled correctly to begin with they would be at the 956 elevation and would not need to get a variance to go up to 959.5. In his eyes the variance they are asking for is only 4.5 feet from what would be allowed by ordinance if it was backfilled correctly.Mr.Zehnder noted no one came out against the application,the neighbors to the north are fine with it;the neighbors to the south winter in Florida and he has not had a chance to talk to them about it yet. McCutcheon is looking at the contour lines with the neighbors and it seems that they align. When Mr. Zehnder says"backfilled correctly"how far towards the lake is the backfill? Mr.Zehnder showed the contour lines on screen noting where the basement was dug out.He stated if they had backfilled the basement to meet existing grades they would have been a nice level 956 all the way across and then they would be at 959.5' without even asking for a variance and to go up to 964' is much less of a variance than it seems to be right now. Oakden noted the existing grade as it sits today,the elevation is 952.5and the proposed top of the patio is 964 which is where the 11.5 feet from today's grade to what they are proposing comes from.The Applicant is talking about the natural grade,that Staff is supportive of,which is at the 956 and if the previous homeowner had backfilled and followed the contours of the neighbor's slope, 956 should be the natural grade.Unfortunately because the old home's basement was not graded out it is much lower than what the neighbors have. Ressler asked if the Applicant has any surveys of the grade for neighboring properties to set the expectation that the natural slope should support the 968?Whether it is a big or little variance it needs to be supported and to use as an example that there is precedence of neighboring natural slope being at 964. Mr.Zehnder replied on the survey it shows the contour lines and they continue through on a pretty consistent basis for the neighbors. James Mattson, 940 North Arm Drive,was talking to his neighbor Matt Gettman who mentioned the neighbor north of Mr. Gettman did the exact same thing with the variance process to level off their pool given the slope of the land. Kirchner noted Mr. Ressler's comment that it must be about practical difficulties and he has yet to hear about what those practical difficulties are. Mr.Zehnder stated the grade is not where it should be if it was backfilled correctly.The dramatic slope of the lot is a practical difficulty,also. Kirchner shared the practical difficulty could be solved using Staffs solution of using stairs. Mr.Zehnder thinks every variance is a convenience and that Mr. Mattson would prefer to walk out right onto his patio level without going down steps. Kraemer clarified if they take the 956 elevation they are allowed to go 42 inch above that? Page 2 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. Oakden replied Staff would support a variance request if it was in the 42 inch range of that 956 elevation. Libby asked Staff if the Applicant would still need a variance for the 956? Oakden replied that is correct and today if they wanted a building permit at a strict reading of the Code, they have 42 inches above existing grade. Libby asked if in the original recommendation for denial Staff had taken into consideration the severity of the slope towards the lake and drainage from roof, gutters,and pool. Oakden replied this specific plan was sent to the City Engineer to review for drainage and waterways. The engineer said that this pattern as proposed would manage drainage for the house and improvements just fine. Chair McCutcheon opened the public hearing at 6:26 p.m. Chair McCutcheon closed the public hearing at 6:26 p.m. Kirchner thinks Staff has gone out of their way to present something that is reasonable. He does not see practical difficulty and would support denial at this time. McCutcheon thinks it is all about the definition of the previous grade and he can see where there is some contention. He tends to believe Staff's expertise and it looks like they were pretty accurate with their measurement. Erickson has some experience in demolishing houses and one thing the City has made clear is that any rights one may have had due to the structure being there will disappear when the structure disappears. For example a non-conforming setback, lot size,etc.He noted when there was a house there,and it was a certain height,those things are not issues that apply to this.Erickson thinks Staff have done a good job looking at the issues and supports denial. Kraemer is not hearing anything that meets practical difficulty. Libby agreed. Kirchner moved,Libby seconded,to deny LA22-000014,940 North Arm Drive,Variances.VOTE: Ayes: 6,Nays 0. 2. LA22-000012 Stonewood LLC,2987+3005 Casco Point Rd and PID 20-117-23-34-0027, Sketch Plan (Staff: Melanie Curtis) Michael Gorman,property owner, and Sven Gustafson, Stonewood LLC,were present. City Planner Curtis gave a summary of the item noting the Hartzell Addition was platted in 1985.Each of the lots are conforming with respect to area and width.Lot 1 containing the tennis court was platted as a non-lakeshore lot;Lots 2 and 3 were platted as lakeshore lots.The Applicant is proposing to re-plat all three lots and is requesting informal feedback on their sketch plan proposal to move the lot lines in order to create one more lakeshore lot.In order to create a third lakeshore lot, one of the three lots will become Page 3 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. non-conforming with respect to width.Their proposal reflects movement of the shared lot lines on all three properties.As a result,the existing Lot 3 (3005 Casco Point Rd)is proposed to be 65 feet wide at the ordinary high water level(OHWL),and 75 feet wide at the 75-foot setback where 100 feet is required. The Applicant is requesting feedback and if positive feedback is obtained they intend to proceed with the preliminary plat application. McCutcheon noted this is a non-conforming proposal. Curtis replied in the affirmative. Kirchner asked if Lot 3 is currently conforming but would be non-conforming. Curtis replied in the affirmative. Kirchner stated they are taking a conforming lot and making it non-conforming to plat another lakeshore lot. Curtis replied in the affirmative. Bonnie Martinson,2970 Casco Point Road,could write a book about the drainage issues across the street from those properties. In 2010 a new drain was put in which was supposed to take care of the drainage issues coming from the Hartzell property and the other side,as well.A new house was built across the street some time ago and they removed a catch basin. Ms. Martinson and another neighbor are very concerned regarding drainage on those properties because right now the drainage from the Hartzell property is coming down the road into the drains which go across their properties and drain into the lake. The 2010 drain they put in is not adequate.Ms.Martinson has pictures to show what happens when it rains in their area.In 2010,the City's Engineer decided to put a catch basin between Ms.Martinson's house and the neighbors that was supposed to catch debris from the gravel that washes down the drain and is supposedly to be vacuumed out on a yearly basis.Ms.Martinson does not know if Orono even has a vac to get the debris out and noted it never gets cleaned out.All of the debris goes through the drain and the rest goes onto Ms.Martinson's and the neighbor's properties. She thinks it really needs to be looked at by the City to understand what happens when it rains and how the drainage flows. Sven Gustafson, Stonewood LLC,does not think the removal of the catch basin Ms.Martinson mentioned ever happened.He noted they had an approved drainage plan that was followed and this is the first he's heard that there is any concern about drainage created by that property.His clients intend to build personal homes on the subject property and are focused on making the lots more consistent with the neighborhood, creating three properties as similar as possible while keeping the non-conformity to a minimum. Ms. Gustafson did a study of 15 lots north and south of this property and of those lots only eight are conforming in width and area. If approved,the third lot would be larger than 20 of the adjacent lots and wider than 12 of the 30 lots.He noted the City has approved similar requests including one on Wildhurst that took two conforming lots and made them into non-conforming lakeshore lots, so there is precedent.He also met with neighbors and explained what would happen and believes they have support of those neighbors. Dan Seidel,3015 Casco Point Road, met on Friday with the potential homeowner and Stonewood and it sounds like they have some nice plans.The only issue Mr. Seidel has is if they only issue a plat what happens if for whatever reason the homeowners do not go forward?He has heard that the middle lot could Page 4 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. move down to within 75 feet of the lakeshore and if that happens it changes the tennis court setback and Mr. Seidel's setback is roughly where it is now but possibly creates some unintended consequences. It would also be helpful if the approval included where the houses will be.The neighbors are concerned that if it gets approved and someone builds on their non-conforming lot,now they need to get variances to make the house fit. Mr. Seidel said the Applicants seem like really good people and he looks forward to having them as neighbors. John Miller,2980 Casco Point Road,has been out there for 10 years and can say that it turns into a river when it rains, even if it is a 1.5 inch rain and it washes out the grass.He said when people come and want to build a dream home,they come to the City asking for a couple inches here and there.Mr.Miller thinks the City needs to let the developers know they must draw the line.He noted there was a catch basin when he moved in and did not notice any water drain between the properties while he now notices it almost every time it rains. Mr.Miller understands that the Hartzell lot is big and it could be three homes,but he thinks the City should set the precedent of what it should be to the new homeowners and try to maintain the rules so developers don't buy a property banking on the fact that they will come to the City and get whatever they ask for. The Commissioners discussed the item. Ressler noted they see a lot of odd-shaped lots on the lake. Clearly someone wanted a lot for their tennis courts at one point.Now they want to turn the tennis courts into a non-conforming lake lot and that is where Ressler gets hung up. It would make more sense to him to redraw the plat as two lots,both of them conforming because there are two lake lots there already.He does not think the City is in the business of creating more lake lots. Kirchner agrees,it seems they are stealing from a lake lot to create another lake lot and are now making one non-conforming.He struggles with that idea and pointed out they do not know that the houses would be built to the rear of those angle points where it is 100 feet and conforming. Kraemer thinks they did a great job drawing the plat and getting three lots that would conform at the building setback lines. The fact that there are a lot of non-conforming shoreline lengths in the neighborhood does seem to fit the nature of the neighborhood. If the Applicant would come back with a proposal Kraemer would like it to include where the houses will be so those questions can be answered. Erickson noted number two of the practical difficulties list says the plight of the landowner must be due to circumstances unique to the property and not created by the landowner. Here they have an Applicant seeking to create non-conforming lots. State law regulates the definition of practical difficulty and Erickson cannot support the variance. Libby stated usually people want a lakeshore lot so they can have a dock. In Orono they have regulatory compliance for a dock and he stated this is fairly linear,although non-conforming which is an obstacle. He is confident with the other scrutiny this would have to go through that a prudent decision will be made at a City Council level on whether or not the extra lot can be done. McCutcheon does not think they need to create more lake lots on Lake Minnetonka and if it does not fit the conforming lots that Staff proposes he would not allow the 80 foot lake lot. Page 5 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. 3. LA22-000015 North Shore Development Partners-Matt Alexander,3245 Wayzata Boulevard West,Sketch/Concept Plan—Eisinger Flats(Staff: Jeremy Barnhart) Barnhart gave a summary,noting Eisinger Flats is a proposed 180-unit stacked townhome style development. The main issue identified earlier was the density;the north five acres of the property is guided for low-density residential(3-8 units/acre)and south is guided for high-density residential(20-25 units/acre). This proposal takes all of that density,mixes it up, and is basically medium-high density. Originally anticipated at 215 dwelling units in the area they are now anticipating 180 dwelling units.This would require a Comprehensive Plan amendment but it would be consistent with the overall goals of the City. The City's PUD zoning agreement does have a certain amount of setbacks for external property lines and the accessory garages shown here do not quite meet that.Access will be proposed off Wayzata Boulevard with a ring road through the development and a neighborhood amenity in the middle as well as a play area,clubhouse,and pool. Matt Alexander,North Shore Development Partners,thinks there is opportunity on the site with the density. He spoke about the guidance calculations and the Met Council.Mr.Alexander noted that typically the City has discretion with adjoining parcels that have a combined density that is still attained by a plan that meets the minimums for the combination of the two parcels as one development proposal. Kirchner asked if the townhomes are rentals. Mr.Alexander replied in the affirmative,noting they will have higher-end finishes and resort-style amenities. Kirchner thinks the only thing they need to consider is the density and how it affects the City. He thinks this is a thoughtful development and the City needs a rental property like this within the City. Kraemer echoes Kirchner's thoughts. Ressler noted they have looked at a couple of proposals for this area and he likes this one best.He likes the look and appreciates the massing kept at two levels.Met Council has given Orono direction to add density. Libby likes the architectural details. He spoke about detached parking versus attached and sheltered parking. The upper bracket,more expensive units seem to be married more with sheltered parking attached to the building. Erickson agrees with Libby regarding parking. McCutcheon thinks if the only feedback is the parking challenge,great job. It is exciting,a good project, and will help Orono hit the density numbers. OTHER BUSINESS—Update on April 11,2022 City Council Meeting Barnhart noted the City Council reviewed four items,two were approved on Consent Agenda and two were tabled with feedback given to the Applicants.The City Council was very clear on looking for practical difficulties to support variances. Page 6 of 7 MINUTES OF THE ORONO PLANNING COMMISSION Monday,April 18,2022 6:00 o'clock p.m. ADJOURNMENT Erickson moved,Libby seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 7:35 p.m. ATTEST: Chair /yIK M.tc.utcutow Page 7 of 7