HomeMy WebLinkAbout09-19-2022 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,September 19,2022
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 Chris Bollis,Dennis Libby,Jon Ressler,Bob Erickson,and
Alternates Dave Peterson and Gary Kraemer. Commissioner Matt Gettman was absent.Representing
Staff were Community Development Director Laura Oakden and City Planner Melanie Curtis.
Chair McCutcheon called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Libby moved,Ressler seconded,to approve the Agenda.VOTE: Ayes 7,Nays 0.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 15,2022
Kirchner moved,Kraemer seconded,to approve the minutes of the Orono Planning Commission
meeting of August 15,2022.VOTE:Ayes 7,Nays 0.
PUBLIC HEARINGS
1. LA22-000036 SCOTT GATES,2815 CASCO POINT ROAD,REQUESTS HARDCOVER,
AVERAGE LAKESHORE SETBACK,AND SIDE YARD SETBACK VARIANCES TO
PERMIT A LAKESIDE DECK AND ROOF CHANGES.(STAFF: MELANIE CURTIS)
Scott Gates,on behalf of the Applicant,was present.
Staff gave a summary presentation of the item. Curtis stated the owners purchased the property in April
2022 and have planned improvements to the home.They have recently applied for a permit to construct a
garage addition to the rear of the home,meeting the setbacks.The garage addition project reflects changes
to the site which bring the existing hardcover level down from 31.1%to a conforming 25%.Regarding
practical difficulty, Staff finds there are difficulties in the location of the existing home which may
support the variances for the change in the rooflines. Staff may be able to support he average lakeshore
setback variance for the change in the lakeside roof mass as long as the change does not adversely impact
views of the lake from the neighboring homes.The average lakeshore setback request pertaining to the
new deck cannot be supported.As proposed,the elevated deck and railing appear to impact the lake views
for the adjacent neighbor(s).A grade-level deck or on-grade patio(<42 inches from existing grade)can
be constructed in the same location.Regarding the requested hardcover variance,the application for
building permit demonstrates that a level of 25%hardcover is achievable and therefore staff does not find
practical difficulty supporting a hardcover variance.The existing home is located between 4.8—7.5 feet
from the west side lot line. The changes proposed to the roof structure from a hip roof on the street and
lake sides to gable ends will also increase the mass of the home encroaching within the average lakeshore
setback.Curtis spoke about public comments noting most of the comments do not overly support the
project.Based on the plans Staff was unable to fully evaluate the existing and proposed massing
increases/changes to the roof. Staff recommends the Applicant redesign the plans to limit or eliminate
variances. Regarding the variances requested to permit the new lakeside deck Staff finds that the project
should be adjusted to accommodate the additional hardcover to stay within 25%.Planning Staff
recommends denial of the average lakeshore setback variance and hardcover variance relating to the deck.
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Curtis stated the Applicant has the option of reducing the hardcover and installing a grade level patio
without variances. The side yard setback variance involving the roof expansion may be reasonable if the
encroachments do not further limit the light,air,and open space of the neighbors to the west.If the
Commission identifies practical difficulties which support the roof changes in the side yard area,the new
encroachments should be limited to the roof and any additional new impacts,such as roof overhangs and
the possible new shed roof over kitchen window, should be denied. The average lakeshore setback
variance to change the hip configuration to a gable thereby increasing the mass of the roof within the
setback significantly is not supported by practical difficulty. Staff recommends denial.
Scott Gates, 545 Second St.#295,Excelsior,noted it is not terribly complicated and the owners wanted to
get the remodel underway prior to the variance being heard.He noted they scaled down the hardcover
significantly and if these changes are not acceptable,they will go ahead and build what has been
submitted for the building permit. He walked the Commissioners through the project and spoke about the
overhang,encroachments,setbacks,a bay window,and neighbor comments.Mr. Gates showed proposed
plans on screen and shared about the various views,roof pitch,and massing.
Ressler asked about practical difficulty on the project.
Mr. Gates replied the practical difficulty is the location of the home. The setback is similar to the
neighboring house,with 2813 set back considerably more,with 2821,2825,and 2827 at about 79-80 feet
and this property is at around 120 feet.The house next door is what creates the issues regarding average
lakeshore setback(ALS).The practical difficulty of the deck is that there is nowhere else to put it.
Ressler clarified they could put in a patio.
Curtis noted they could do it on grade or a patio.
Mr.Gates spoke about what is intended to be an at-grade deck, and they could do the 10x16 provided
they meet hardcover or get a variance and the other is to have a lakeside deck with access to the family
living space.
Kirchner clarified Mr.Gates is saying the practical difficulty is that it is a convenience to have a deck or
the desire for the owners to have a deck.
Mr. Gates replied in the negative noting he is saying there is not another place to put it that has access to
the lake view. Because this is considerably farther back than the 75 foot minimum lakeshore setback that,
coupled with the ALS being further back due to the offset of the house next door are both practical
difficulties that make this the only choice.
Kirchner asked what structural purpose the new roof serves that then provides additional massing.
Mr.Gates replied the existing roof needs replacement and once they start replacing it makes sense to go
to something cleaner and simpler without all the angles to the roof He thinks it is also a design
consideration in trying to fit into the neighborhood,make something that looks good by mixing the gable
with the hip.
Ressler spoke about practical difficulty.He stated the location of the house is something the owner knew
when they purchased it and every zone has different requirements and guidelines.The existing house is
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6:00 o'clock p.m.
affording some opportunities in like-kind,but exceeding is historically where the Planning Commission
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has very rarely(especially in these districts)allowed encroaching on lakeshore setbacks because those
modest encroachments become a hindrance for the enjoyment of the neighboring homes.This creates a
problem because it creates precedent for Applicants in the future which is why the Commission has had to
take a very hard line.He noted one can have a home without a deck,that is not a practical difficulty. The
Commissioners want to help get this through but without practical difficulty they are not in a position to
support.
Mr. Gates noted they could build a much bigger house if they knock the existing down but they did not
want to do that. It may not be a direct practical difficulty but does factor into the equation.He spoke about
options for the back of the home where there is not the ability to put a deck somewhere else.He does not
think it is unfair to ask for a small variance to build the deck.He finished walking the Commissioners
through the plans on screen.
Kirchner clarified the Commissioners are required by State Statute to fall back to the practical difficulties.
He is struggling to find practical difficulties in this case.
Chair McCutcheon opened the public hearing at 6:42 p.m.
Patty Saiki,2874 Casco Point Road,does not see gutters or drainage shown and that is one of the critical
points. She noted living with a narrow sideyard regarding the fire department they would need hook-and-
ladder.All insurance companies watch the fire departments and rates will go up if the City does not
manage widths between houses. She is just giving the Commissioners a heads-up.
Charles Price,2813 Casco Point Road,shared that he lives to the west of the subject property. Mr.Price
strongly objects to one of the pictures Mr. Gates showed that it will not affect his view of the lake but
would now be filled with elevated deck,sofas, couches,umbrellas,grills, and the Mr.Price would be very
uncomfortable if the City allowed a deck in that space.He noted the property owners who will suffer the
water runoff from these proposed variances are at great risk of accelerated erosion on their bluffs as well
as an increased risk of their bluff sliding down into the lake as so many nearby bluffs have already done,
including his at 2813. The shoreline of the subject property and nearby properties have a risk profile that
is much worse than most on Lake Minnetonka,primarily due to the high elevation above the lake(his
property is 42 feet above the water)and the soil makeup is a loose mix of clay and sandy loam that can be
easily eroded by running water. Many properties nearby have experienced severe erosion and severe
slippage into the lake with huge expense and loss of yard size. If there ever was a case to minimize
hardcover,this is the case.Mr.Price noted this property already has a patio of about 120 square feet
which has been adequate for multiple families over decades. The Applicant wants to add another 360
square feet of deck very near Mr. Price's home and yard in a prohibited way. It is safe to assume the
Applicants will not go through all of this to have a 480 square foot deck to quietly sit and read a book; it
is expected that it will be fully furnished with all of the previously mentioned things,and a sound system.
Mr. Price's yard could feel like they are living next to a loud bar or a night club.All of this illegal
development will be between the Price's home and their view of the lake,and every person on the deck
will be able to look directly into his living room day and night from only 22 feet away.He stated there are
rules and laws in place which, if followed,will make all of this unnecessary. Simply put the Applicant
bought a lot which cannot be made to fulfill their wishes. This lot is only 12,217 square feet and the
average width is less than 55 feet.The Applicant should either purchase a lot more appropriate for what
they desire or they should meet current rules and laws that protect the property owners,Lake Minnetonka,
and the environment. Several years ago Mr.Price attempted to move a detached garage and attach it
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against his house and was told by the Planning Commission that he should come back when his plan
included getting hardcover down to 25%.
Wes Byrne,2817 Casco Point Road,is on the east side of the property.He noted the extra hardcover is a
concern as has already been brought up with respect to extra stormwater and the danger to the bluff in
having another landslide there.With the contours of the land,the water moves towards Mr.Byrne's
property and will end up going down into the stairs that go down to his lakeshore.He has retaining walls
helping but he is not really pleased at that potential. The plan is to remove the landscape border between
properties which is acting as a retaining wall and preventing water from that corner from going directly
down to his property and the hillside. This is his primary concern.
Carol Price,2813 Casco Point Road, is on the east side,and spoke about the topology of the area noting
there is a high west side and all of the land slopes eastward and downward.Every subsequent property
has a decrease in elevation, so neighbors affect every other neighbor. They are also on a bluff and they
must protect the bluff.The hardcover limit is extremely important as they are fighting all the time to limit
the water that is going down the bluff and going sideways across neighbors.The wooden timbers are part
of controlling that water. She noted her lot is generally five feet higher than the existing home at 2815
Casco Point Road.Ms.Price stated the proposed deck is very large and would definitely obscure the view
of the lake from her property;this would also affect property value. She thinks the patio/deck needs to be
appropriate for the lot. The change from a hip roof to a gable roof will significantly affect the drainage on
each side of the property.Ms. Price's property is very close,the gable roof will overhang,there are no
gutters listed,or accounting for any drainage.They want to take away the wood timbers to the side and
she noted her property is bumping up against those wood timbers.Any drainage would exacerbate that
problem of her property falling into the Applicant's. She spoke about the garage noting it would now be a
massive structure that would impede sunlight,airflow,and drainage. She commends the new homeowner
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for trying to build on the existing footprint,but would request that they meet the existing footprint and not
add any more hardcover, add more to the overhangs, or the massive structure.
Chair McCutcheon closed the public hearing at 6:53 p.m.
Kirchner believes they failed to identify practical difficulties. Regarding the sideyard setback,he does not
see practical difficulty for the roof,for the ALS and not having another place to put a deck is also not a
practical difficulty, and regarding hardcover he does not see a practical difficulty established to go over
on hardcover allowance.He would vote denial on all variance requests.
Ressler echoed Mr.Kirchner's remarks.He added the Commissioners want to make things work for
homeowners but find themselves in a situation where they must meet the guidelines,rules, and
regulations in place for the City. They have made amendments to those rules and regulations to be more
favorable for applications such as these than in the last 40 years.If they do not change the rules,one must
provide proper practical difficulty for going outside those rules or they open up a can of worms with
precedence.Ressler does not think practical difficulties have been met but that does not mean they are not
reasonable,they just do not meet the City's guidelines. The Commissioners must abide by the rules that
are in place right now. Ms. Saiki made a good point regarding water and drainage,and he is sure anyone
involved in these plans will have to sign off on any drainage plans to make sure it meets the requirements.
Ressler would also not recommend as applied.
Peterson noted one person spoke positively and everyone else, including Staff spoke negatively.He
agrees with denial.
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McCutcheon noted the reduction of hardcover is always a plus and if one wants to move a structure(the
garage)the end result needs to reduce hardcover.He asked if the garage has been demolished yet.
Mr. Gates replied in the negative.
Curtis clarified that is a part of the building permit and they have already demonstrated they can do that
without variances.
Ressler noted it does play into the hardcover and exceeding hardcover becomes a variance.He does not
see that the Applicant is meeting requirements to exceed hardcover.
McCutcheon asked about the rock bed at the front and asked about hardcover regarding a deck or patio.
Curtis clarified they could turn that landscaped area into an on-grade patio or grade level deck.
Mr.Gates spoke about hardcover and noted they are reducing hardcover significantly from 31%to 26%.
The wooden borders are in pretty bad shape and while they are removing those,they will replace with
boulders that serve the same purpose.Regarding the 26%hardcover,the belief is reducing and improving
the situation is part of the purpose of a variance;they are improving the situation not making it worse.
They are not increasing runoff of the house,not increasing the physical footprint,and reducing hardcover.
the guidance that would be helpful is regarding the portion at-grade behind the existing patio,would the
Commissioners be amenable to doing it at-grade with a slight hardcover variance slightly above the 25%?
McCutcheon noted it is hard to say without seeing something.
Ressler thinks if they are currently at 31%hardcover and are proposing less at-grade,an improvement of
the situation is always what the City Council is looking for.He cannot guarantee the City Council would
be in support but Ressler would certainly look at it more favorably.
Bollis thinks the issue is that the Applicant has already demonstrate they can go down to the 25%so it is
hard to wrap their heads around a practical difficulty that now they need another 1%.This is just his view
of it.
Mr. Gates spoke about drainage noting he spoke with the owner at 2817 and indicated they would work
with the owner to try and improve the grading.As Mr. Gates understands it,the owner was selling the
property and was not interested at that time.Regarding 2813,there is a patio on the corner of their house
that encroaches past the ASL,and he is sure that is grandfathered in,but noted it is a little frustrating
when someone comes and speaks against something when they have the same issue.Mr.Gates believes
they may even have some setbacks on the other side of their property.
Bollis asked if Mr. Gates sees drainage getting better with the gabled roof and if they can control the
runoff.
Mr.Gates noted they control the runoff because they only have sides.In theory,they are increasing the
runoff to the sides slightly but with gutters on the gable ends and landscaping,they can better help that. It
is easier on their side to get it to the street.He spoke about elevations of the surrounding properties noting
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all of the neighboring water comes down on to this site and flows into the backyard.He noted they could,
especially with 2817,work with all of these properties and help that situation.
Bollis stated the City has approved some in the ALS with the neighboring house being extremely setback
and he remembers those being hundreds of feet setback.He asked if that is accurate.
Curtis replied they have granted ALS variances and she thinks the way the City Council looks at these is
from a straight Code standpoint in looking at what the setback line is,what encroachments are being
proposed,and whether they are supported by the affected neighbors. She noted they have had all kinds of
different orientations of homes affecting the ALS.
Ressler thinks the feedback for the Applicant is to know where this goes with the City Council. Showing
the hardcover,even though it is in excess of what is applied for,is still an improvement of what they now
have.In talking about odds,he thinks they have better odds of having that entertained. He noted the ALS
is historically very restrictive,but rather than tabling he thinks they should rule on what the
Commissioners have so it continues forward to the City Council rather than coming back to the
Commission.
Ressler moved,Kirchner seconded,to deny LA22-000036,2815 Casco Point Road,Variances as
applied,for the reasons provided in comments.VOTE: Ayes: 7,Nays 0.
Libby asked to speak about the Orono citizens who came to speak up for what they thought was right.He
is not taking sides on this but he was involved in the 2040 Comprehensive Plan and can say that Orono
has a nicely articulated bluff ordinance that the public may want to look up. Many of the issues and
questions discussed today are articulated in that rule of law which the Commissioners are guided by.
2. LA22-000043 SANJA DEGARMO,2675 FOX STREET,REQUESTS A FRONT YARD
SETBACK VARIANCE IN ORDER TO CONSTRUCT A GARAGE ADDITION TO THE
EXISTING HOME. (STAFF: MELANIE CURTIS)
Sanja DeGarmo,Applicant,was present.
Staff gave a summary presentation of information. Curtis stated the subject property is on the corner of
Fox Street and Gander Road. The property's narrower frontage is on Gander Road,making Gander Road
by definition the"front"for setback purposes. The majority of the property is encumbered by a large
wetland,resulting in a relative small buildable area on the 4.4 acre property. The Applicants are
requesting variance from the required 50-foot front yard setback in order to construct a 648 square foot
attached garage addition to the home. The existing 887 square foot detached garage will be removed. The
garage addition is proposed to be set back approximately 35 feet from the front property line,where a 50-
foot setback is required. The existing detached garage is located 22 feet from the front property line.The
Applicant has identified the wetland encroachment,and the location of the existing improvements as
practical difficulties supporting the requested variance.Additionally,they have provided supporting
documentation provided in the packet. Staff finds the practical difficulty criteria has been met. The 4.4
acre property contains approximately 3.5 acres of wetland.The majority of the remaining dry land exists
within the RR-1B building setbacks. The septic system location on the south side of the home further
limits building opportunities in a conforming location. One comment from the public was received in
support; Staff recommends approval of the variance as requested.
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Sanja DeGarmo,Applicant,noted there is really no other place to put an attached garage,noting they
would be decreasing hardscape and it would be a simple two-car garage. The Watershed District does not
require any permitting or approval.
Chair McCutcheon opened the public hearing at 7:16 p.m.
Chair McCutcheon closed the public hearing at 7:16 p.m.
McCutcheon thinks the Applicant did due diligence with what they had and they do not have a lot. The
practical difficulty is understood and it is a sensible ask.
Kraemer echoed McCutcheon noting it is a textbook example of practical difficulty, Staff did a great job,
it is a nice design and set up and it is a yes for him.
Ressler agreed,without disrupting wetlands there is not a reasonable place to put it, and they are
improving current situations to mitigate that practical difficulty.He is prepared to support a motion.
Bollis moved,Kraemer seconded,to approve LA22-000043,2675 Fox Street,Variance.VOTE:
Ayes: 7,Nays 0.
3. LA22-000045 ADDILAY HOMES&REMODELING,LLC-SCOTT JOHNSON,1153
ELMWOOD AVENUE,REQUESTS SIDE YARD AND STREET YARD SETBACK
VARIANCES FOR A HOME ADDITION.(STAFF: LAURA OAKDEN)
Scott Johnson,Applicant,was present.
Staff presented a summary packet of information. Oakden noted the Applicant is requesting a street and
sideyard variance for a new garage. The property currently has a detached garage that encroaches in to the
right of way and a deck along the side of the accessory building connecting to the main door of the
home. The Applicant is proposing to remove the existing garage and build a new garage that is attached
to the existing house. The new garage addition will create a new front door to the home and will connect
to the existing sidewalk along the south side of the home. The new improvements will create a 15 foot
sideyard setback where 30 is required but existing conditions of the garage encroaching into the right-of-
way is an improvement. Staff finds the practical difficulty standards are met.The property is substandard
as it pertains to size and width. While the home meets the setbacks for the zoning district there is no
conforming building envelope to allow a garage within reasonable proximity to the home.The property is
unique due to the right-of-way which crosses through the parcel limiting the building envelope.The
proposed project will improve the existing conditions of the setbacks today to the street and sideyard,the
engineer has reviewed and noted the proposal appears to remove any encroachments to City right-of-way.
The Applicant submitted letters of support from abutting neighbors,and Oakden received quite a few
phone calls from neighbors interested in the project but did not submit concerns. Staff recommends
approval of the project as proposed.
Scott Johnson,4130 St.Marks Drive,Minnetonka,is here to answer any questions noting it helps the
situation for the neighbors and reduces the garage from the right-of-way.
Chair McCutcheon opened the public hearing at 7:23 p.m.
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Chair McCutcheon closed the public hearing at 7:23 p.m.
McCutcheon noted the Applicant seems to understand the building envelope and the garage is within that.
He does not think it is egregious and in Minnesota an attached garage makes a lot of sense.
Kirchner agrees and noted the significant benefit in removing the existing detached garage out of the
right-of-way and away from public utilities as noted by Staff. That is a significant improvement to the
benefit of the City and surrounding neighbors when those utilities need to be serviced.
Kraemer agreed it is a win-win-win for the neighbors,homeowner, and City.
Ressler agreed they are improving the position and showing something reasonable.He is in support.
Kirchner moved,Ressler seconded,to approve LA22-000045,1153 Elmwood Avenue.VOTE: Ayes:
7,Nays 0.
4. LA22-000046 ESKUCHE DESIGN,3345 FOX STREET,REQUESTS A CONDITIONAL
USE PERMIT FOR A GUEST HOUSE USE.(STAFF: MELANIE CURTIS)
Peter Eskuche,Applicant,was present.
Staff presented a summary packet of information. Curtis noted The Applicant wishes to construct a new,
971 square foot accessory building which will function as a guest house and the property meets size
qualification to support a guesthouse which will be four bedrooms and the septic system on the property
will need to be upsized to support.It will be in a conforming location and will meet all regulations
including height.The City has not received any public comments and Staff recommends approval
conditioned upon the property owner's agreement for the filing of a covenant in the title of the property
assuring that the guesthouse will not be used for a home occupation,will not be rented or leased under
any circumstances,and recommendation of an additional condition of approval that the septic system be
upgraded appropriately. Staff recommends approval.
Mr.Eskuche noted it is a completely conforming and permitted use and he is available for any questions.
Chair McCutcheon opened the public hearing at 7:28 p.m.
Chair McCutcheon closed the public hearing at 7:28 p.m.
Ressler noted a Conditional Use Permit(CUP)has governing rules and regulations that must be met with
a permit which are the protections the City has.
Ressler moved,Libby seconded,to approve LA22-000046,3345 Fox Street,Conditional Use Permit
as applied.VOTE:Ayes: 7,Nays 0.
5. LA22-000048 TEXT AMENDMENT RELATED TO MAXIMUM ACCESSORY
BUILDING HEIGHT WITHIN RR-1A AND RR-1B RURAL ZONING DISTRICTS.
(STAFF: LAURA OAKDEN)
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Staff presented a summary packet of information.Oakden stated Staff is proposing a text amendment to
accessory building height,specifically in the rural RR1A and RR1B districts. Currently the City Code
limits maximum building height for accessory buildings to 30 feet defined height in each zoning district
and states further that accessory buildings may not exceed height of principal building on the property.
This becomes a challenge for properties in rural districts with ranch/rambler homes where it is very
common to want a pole-barn or barn-type outbuilding.This Code limits that availability to the rural
district.From a previous application earlier in the summer where the City saw a variance,a text
amendment was discussed by the Planning Commission and the City Council. Staff recommends approval
as drafted.
Chair McCutcheon opened the public hearing at 7:33 p.m.
Chair McCutcheon closed the public hearing at 7:33 p.m.
Kraemer moved,Peterson seconded,to approve LA22-000048 Text Amendment Related to
Maximum Accessory Building Height within Rr-1A and Rr-1B Rural Zoning Districts. VOTE:
Ayes: 7,Nays 0.
OTHER BUSINESS—Update on September 12,2022 City Council Meeting
Oakden noted a handful of items went through the City Council on the Consent Agenda,the City Council
discussed 3005 Casco Point Road and the City Council recommended approval. She spoke about a marina
sign denial and an emergency slope repair which was approved.
ADJOURNMENT
Ressler moved,Libby seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 7,
Nays 0.
The Orono Planning Commission meeting adjourned at 7:41 .m.
ATTEST: G�
Mark McCutcheo it
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