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HomeMy WebLinkAbout05-21-1990 Planning MinutesMINUTES OF THE MAY 21, 1990 ORONO PLANNING COMMISSION MEETING ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley and Planning Commissioners Johnson, Hanson, Cohen, Moos and Bellows. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Goetten waa also present, as was Councilmember Callahan. |15>;1 AiMOND KREB IIS OJ.:> CRYSTAL BAY ROAD NORTH PRELTWlNARY SUBDIVISION PUBLIC HEARING 7:00 P.M. TO 7:15 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Gary Peterson was present as a representative for the applicant. Zoning Administrator Mabusth summarized the information contained in her memo dated May 15, 1S90, regarding this appliccicion. Kelley questioned whether it would be appropriate to define the front and rear yards of Lot 2, Block 2, at this time. Mabusth agreed that it would be appropriate to do so because of the creation of a through lot. Kelley believed that it would be the intention of the City to achieve access to that lot ♦^rom Outlot A. Mabusth advised the Planning Commission that the City Code requires a conditional use permit for all accessory structures on a through lot. Mabusth referred to another application wherein a permanent conditional use permit would be approved as part of the subdivision for all through lots as long as such structures met the required rear/street setback. She asked Kelley whether Planning Commission would consider similar action with this application as well. Mr. Peterson noted that staff's memo states that additional septic testing is required for Lot 1, Block 1, rather than Lot 1, Block 2. Cohen asked whether any specific time period has been established for the applicant's continued use of the existing access serving Lot 2. Block 2. Mabusth replied that the present driveway will continue to serve the property until such time that construction of a new - 1 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1521-KREB CONTINUED residence occurs. She noted that the applicant has not indicated when construction may begin. Kelley asked the Planning Commission to provide input regarding the proposed road outlot to the west. It was the consensus of the Planning Commission that if the outlot is to be designated, it should be located along the northern boundary of Lot , Block 1. Johnson indicated that it may be premature to place the road outlot at all due to the uncertainty of how the property to the west will develop. Johnson also believed that the inclusion of the western road outlot in this development may be unduly burdensome for the applicant. The other Planning Commissioners concurred. Hanson asked Mabusth to review the ownership of the roads existing between Watertown Road and the subject property. Mabusth reviewed the current status of the roads. She ^^®called that the Planning Commission had previously recommended that the City declare the road referred to as Wear Lane North a public road and require public maintenance. At the time of the Council's consideration of the former subdivision application, a private road system with private maintenance was considered. Mabusth defined the various sections of roadways. Hanson stated that he had reservations regarding the expansion of private roads to this degree. Johnson agreed with Hanson. In his opinion, this configuration would dictate a public designation of the road, rather than private because of the use of public easements. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Johnson, seconded by Moos, to recommend approval of the Preliminary Subdivision for Almond Kreb in accordance with staff recommendations A through F. It is recommended that paragraph G be revised to state that the road will be a public and will include Wear Circle as well as Wear Lane North. With regard to paragraph H, Planning Commission's recommendation is that the access to the west not be addressed with this application. Planning Commission further recommends that the front yard for Lot 2, Block 2, be that portion of the property abutting the west lot line. Motion, Ayes-5, Nays-0, Motion passed. - 2 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 #1528 CONSTANCE M. SCOTT 2300 LONGVIEW CIRCLE PRELIMINARY SUBDIVISION PUBLIC HEARING 7:16 P.M. TO 7:20 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Scott were present for this public hearing. Mabusth reviewed the information contained in her memo dated May 16, 1990 pertaining to this application. Hanson questioned the proposed lot line configuration between Lots 1 and 2. Mabusth explained that the lot line was being proposed as shown because of existing improvements and the location of the septic sites. Gaffron added that there is also the need to maintain 2 acres of buildable land in each lot. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the Preliminary Subdivision for the Scotts, subject to staff recommendations. Motion, Ayes-5, Nays-0, Motion passed. 11531 CAROL KELLY 3020 CASCO POINT ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 P.M. TO 7:37 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present, as was Mr. Bob Smith, the applicant's surveyor. Mabusth explained the applicant's proposal, noting that the applicant's surveyor has not submitted a hardcover review of the property. Kelley questioned whether the surveyor should provide that information prior to any further review. Mr. Smith indicated that the site plan submitted does depict the areas of hardcover. It is only the calculations that have not been provided. Kelley asked Mr. Smith from where on the property the excess hardcover would be removed. - 3 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1531-KELLY CONTINUED Mr. Smith indicated that he had not discussed that witn his client. He stated that a double turn-around exists and hardcover could be taken from one of the driveways. Kelley suggested that this matter be tabled to allow Mr. Smith to explain the ramifications of hardcover to Mrs. Kelly. He stated that they could continue their review yet this evening if they so desire. Mabusth asked if there were any other issues Mr. Smith would like to discuss before meeting with Mrs. Kelly. Mr. Smith advised that there is a revision to the proposed property line to add approximately 300 s.f. to the building envelope of Lot 2, bringing it into conformance with the 1/2 acre standard. It was moved by Kelley, seconded by Bellows to table this matter briefly to allow the applicant and her surveyor to discuss the issue of hardcover. Motion, Ayes-6, Nays-0, Motion passed. #1531 CAROL KELLY PUBLIC HEARING CONTINUED 8:01 P.M. TO 8:10 P.M. Mr. Smith explained that the property could be sold three different ways. He noted that there will be no need to remove hardcover if the parcel is sold as one lot. If the parcel is divided, he asked that they be allowed to remove the excess hardcover at the time new construction occurs on the other lot. Kelley informed Mr. Smith that the lot woula have to conform to the hardcover standards within so many days of the subdivision approval. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend approval of the preliminary subdivision of 3020 Casco Point Road, subject to staff recommendations and the requirement that excess hardcover be removed prior to final plat approval. Motion, Ayes-6, Nays-0. Motion passed. #1532 FULLERTON PROPERTIES, INC. 2225 SIXTH AVENUE NORTH PRELIMINARY SUBDIVISION PUBLIC HEARING 8:30 P.M. TO 8:47 P.M. Mr. Joe Franks, the Developer, was present, as was Mr Gronberg, Surveyor, and Mr. Thomas Haislet. Mr. Jim Cox, of an existing parcel that has become involved in subdivision, was also present. Mark owner this - 4 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE 11532-FULLERTON PROPERTIES CONTINUED Mabusth reviewed the pertinent facts regardi.;g this application, including information about the applicant's planned revisions. Mr. Dennis Batrum, 960 Willow Drive, asked if the drainage has been addressed. Mabusth showed Mr. Batrum how the drainage will flow. She added that the Minnehaha Creek Watershed District is currently reviewing the drainage plan. Mr. Gronberg stated that a swale is to be developed between Lots 6 and 7. He said that due to the topography in that area, they would prefer to revise the property line to make both lots more functional. Gronberg noted that a lot width variance would then be required for Lot 6. Hanson asked Gaffron what the current status of the septic testing is. Gaffron replied that the testing has been completed. However, staff has not had an opportunity to walk the site to verify locations. Gaffron said chat the testing indicates that mound systems would be needed. Hanson asked Gaffron if he is comfortable with the Planning Commission making a recommendation at this time. Gaffron stated that there is some question with specific sites. He said that he has not looked at those sites and cannot be 100% sure of the septic areas. Mabusth noted that the application cannot proceed to Council until other issues such as establishing the ordinary highwater mark for Dickay Lake has occurred. Mabusth stated the DNR will stake the highwater mark. Hanson expressed reservations about proceeding without having all of these issues resolved. Mr. Franks preferred to have the Planning Commission make their motion contingent on these issues being resolved to the satisfaction of staff and Council. Mr. Cliff Hillstrom, 1160 North Willow Drive, asked how large the lots will be. Kelley stated that the lots must have a mtni*’'jm of 2 acres dry buildable land. Mabusth advised the Planning Commission that Mr. Jim Cox had - 5 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1532-FULLF.RTON PROPERTIES CONTINUED previously expressed concern regarding the dedication of an additional 7’ of right-of-way. Mabusth stated that it was first thought that the right-of-way could be taken from the west side of Willow at the time County Road 116 was installed. She said that since that project is no longer scheduled to occ other alternatives have been discussed. Mabusth stated that sue had asked the City Administrator if the 7' could be dedicated from the east side now, with the condition that it be vacated should County Road 116 be constructed. Mabusth said that only the 7' right-of-way along Lot 1, Block 1, would be retained by the City due to the potential of a traffic signal being placed at the intersection. Mr. Cox stated that he objected to dedicating 7' of his property to the City. He did not understand why the City preferred to disturb the existing trees and landscaping on the east side of Willow. Mr. Cox said that there is nothing on the west side. There were no further comments from the public regarding this matter and the public hearing was to be continued. Kelley asked Gaffron whether it may be necessary to have the Planning Commission review anything further with regard to the septic sites. Gaffron replied that it would only be necessary if it became necessary to move lot lines to accommodate septic areas. Bellows believed it would be necessary to table this matter due to the revision of the lot line between Lots 6 and 7 in addition to the other issues yet to be resolved. It was moved by Hanson, seconded by Bellows, to table this application. Motion, Ayes-5, Cohen, Nay. Motion passed. #1535 TIMOTHY W. FAFINSKI 3765 WATERTOWN ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 9:00 P.M. TO 9:05 P.M. Mr. Timothy Fafinski and Mr. Larry Cook, the Contract for Deed owner of 3765 Watertown Road, were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron explained the pertinent facts involved with this application to the Planning Coiwnisston. There were no comments from the public regarding this matter and the public hearing was closed. - 6 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE 11535-FAFINSKI CONTINUED It was moved by Cohen, seconded by Bellows, to recommend approval of the subdivision of a lot line rearrangement for the property owners of 3765 and 3745 Watertown Road, subject to the combination of the triangular parcels with the larger tracts as shown on the survey. Motion, Ayes-6, Nays-0. Motion passed. 11502 MICHAEL HILBELINK 2180 PROSPECT AVENUE VARIANCE REFERRED BACK TO PLANNING COMMISSION Mr. Hilbelink was present, as was and their Attorney, Neil Heikkila. Mr. and Mrs. Jentilucci Mabusth briefly reviewed the history of this property and informed the Planning Commission of the current information regarding this application. Hanson noted that the side setback for a corner lot is 50*. However, he would accept a 20' variance in this case. Bellows and Kelley indicated that they agreed with Hanson. Bellows suggested that a two-story structure mav suitable for this lot than the plan proposed. be more Mr. Heikkila reminded the Planning Commission that the proposed structure for this lot would not be located where the pre-existing structure stood. He stated that the location of the proposed residence has been recently filled and remains in a disturbed state. Mr. Heikkila questioned whether it was Mr. Hilbelink*s intention to construct the house for which he is showing a plan. He concurred with Eiellows that another house plan may be more suitable than the ranch-style being proposed. Mabusth informed Mr. Heikkila that the City Building Inspectors will determine whether the ground conditions allow the structure to be constructed in the location proposed. Mr. Heikkila stated that his clients are still concerned about the potential for their property to flood as a result of Mr. Hilbelink's proposal. Mr. Heikkila presented photographs of Mr. Hilbelink's property. The photos showed the area before and after the storm sewer was installed. Kelley asked Mabusth how the drainage issue will be handled. Mabusth understood that Jentiluccis and Mr. Hilbelink will grant a drainage easement to the City over their portions of the drainageway. The City would now be responsible for the drainageway. - 7 - r ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1502-HILBELINK CONTINUED Mr. Heikkila stated that he has been informed that the draintiie extending to the Dayton property is in need of repair as well. He suggested tha •. a condition of variance approval be that the change in elevation of the Hilbelink property be recorded in the chain of title. He also asked that the City make a commitment to address the drainage problem. It was moved by Kelley, seconded by Moos, to recommend approval of 20' sideyard setback variance and that the proposed 10' drainage easement be taken on the north side of the property. It is recommended that approval be based on the opinion of the Building Inspector as to whether or not the site is suitable for construction. Bellows noted that the Planning Commission was making a recommendation without the provision of a specific house plan. Kelley stated that Bellow's observation is correct, but that a building envelope has now been established with the recommendation to approve only a 30' sideyard setbacK. Motion, Ayes-5, Bellows, Nay. Motion passed. #1516 WHITNEY MACMILLAN 1560 FOX STREET SUBDIVISION CONTINUATION OF PUBLIC HEARING 7:21 P.M. TO 7:26 P.M. Mr. Herb Baldwin, Landscape Architect, Mr. Jack Attorney and Mrs. MacMillan were present. Taylor Gaffron explained that the applicants have revised their plan to address the concerns of the Planning Commission at their April 16th meeting. Gaffron outlined the revisions that have been made. Kelley asked Mr. Baldwin if it was the intention of the applicant to have the driveway extending past the house on Lot 1, Block 1, continue to cross property lines. Mr. Baldwin replied that it is his understanding that the house will be razed and the driveway will not cross the property lines. Hanson asked if it would pose a hardship to ask that the tennis court be brought into conformance with the setback requirements. Mr. Baldwin replied that if Planning Commission will not recommend that the tennis court remain as is, the applicants would remove it. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Hanson, to recommend - 8 - J ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1516-MACMILLAN CONTINUED approval of the revised proposal of the Preliminary Subdivision for Mr. and Mrs. Whitney MacMillan, subject to staff's recommendations, including a recommendation (but not a requirement) that a homeowner's association be established. Planning Commission further recommends that Council, should they approve this subdivision, include a requirement that the tennis court be removed at the same time the principal structure on Lot 1, Block 1 is removed. Johnson believed that the tennis court should be brought into conformance at this time or removed. Motion, Ayes-4, Johnson, Nay. Motion passed. (Bellows arrived at this time) #1510 RICHARD W. BROWN 2685 SHADYHOOD ROAD CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 7:53 P.M. TO 8:00 P.M. Mr. Richard E. Brown, son of the present owner and purchaser of the property, was present. Gaffron reviewed the recent information provided in his memo dated May 17, 1990. Moos stated that she had been out to look at the site. She vaid that currently there is a boat stored on the uoper driveway area. She said that it would be diffic’ult to turn around if other portions of the driveway were removed to decrease hardcover. Mr. Brown stated that the boat could be stored elsewhere. Kelley stated that he would ask Mr. Brown to reduce the hardcover in 75-250' zone to 25%. Mr. Brown stated that he did not believe he could remove enough hardcover to achieve 25%. He stated that he would improve the present situation. Kelley stated that in order to be consistent with his recommendations for other, similar applications, he would not approve anything over 25%. Mr. Brown stated that the property has lakeshore on two sides and that creates a hardship when addressing the 75-250' zone. With regard to accessing the proposed apartment, Hanson stated that the interior, entry stairway creates a hardship in providing a reasonable access. Kelley stated that the proposed plan did not lend itself to the functional design of the house. - 9 - R ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE 11510-RICHARD W. BROWN CONTINUED Johnson indicated that in his opinion the access was not a major issue and the amount of lakeshore created a hardship for the hardcover. Bellows believed that there are other alternatives of design available to the spplicant that would be more suitable. Kelley concurr.d with Bellows. < -hen indicated that he opposed the access and hardcover proposv-J by the applicant. Hanson believed that both issues could be resolved if the applicant revised the design of the house. Moos concurred with Hanson. -'Sll®y asked Mr. Brown if he would prefer to have the matter tabled. Mr. Brown asked the Planning Commission to vote on his application. It was moved by Kelley, seconded by Bellows, to recommend denial of application 11510. Motion, Ayes-4, Johnson, Hanson, Nay. Motion passed. #1513 WALTER KRAHL 4774 NORTH SHORE DRIVE VARIANCES CONTINUATION OF PUBLIC HEARING 8:10 P.M. TO 8:15 P.M. Mr. and Mrs. Krahl were present. Gaffron explained that Mr. and Mrs. Krahl had revised their plan as suggested by the Planning Commission. He outlined the revised plan which results in a 5% net (decrease in hardcover from the existing situation. Hanson commended the applicant for his efforts to address the Planning Commission's concerns. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Johnson, to recommend approval of the 49.7% hardcover variance and the 12' street setback variance. It is also recommended that the applicants be placed on notice that no additional hardcover will be allowed on this property at any time in the future. Motion, Ayes-6, Nays-0. Motion passed. - 10 - II I !P!!^ ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 11522 JAMES & JOANN NORDLIE 2505 DUNWOODY AVENUE VARIANCE PUBLIC HEARING 8:15 P.M. TO 8:30 P.M. Mr. and Mrs. Nordlie were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the information in his memo dated May 16, 1990 regarding this application. Mr. Gerry Roelofs, the Nordlie's builder, stated that the objective of the project is to provide only one entry rather than two. It was the consensus of the Planning Commission that the applicants remove a portion of the driveway to the south. Mr. Roelofs explained that the driveway is needed to assist with snow removal and parking. He offered to remove enough of the driveway so that hardcover would not increase. Hanson asked whether the Planning Commission would agree that hardcover could remain as is, or should it be reduced so to comply with the hardcover standards. Bellows stated that she preferred that hardcover be reduced to comply with the standards. Mrs. Nordlie stated that the driveway is also needed for access in the winter because of the steep slope of the driveway. Bellows suggested that additional portions of the sidewalk could be removed. Mr. Roelofs stated that the sidewalk is necessary to provide access to an entrance to the house where Mr. Nordlie has an office. Mr. Nordlie clarified that he does not run a business from his home. He is a small business owner and has an office in his home for the purpose of doing book work, etc. Mr. Roelofs noted that there is abundant green space that is not reflected in the sketch. Kelley suggested establishing a specific percent of hardcover tnat the applicant would be allowed to retain in the 75' 250' zone. He asked Gaffron to estimate the amount of hardcover that Mr. and Mrs. Nordlie would have to remove to meet 35%. - 11 - n ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE 11522-NORDLIE CONTINUED Gaffron estimated that 600 s.f. of hardcover would have to be removed. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend approval of the hardcover variance provided that hardcover in the 0-75' and 250-500' zones remains the same and that hardcover in the 75-250' zone not exceed a maximum of 35%. Motion, Ayes- 5, Nays-0, Cohen abstained. Motion passed. 11523 ROLLA MARTIN 2675 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 8:56 P.M. TO 8:57 P.M. Gaffron stated that the applicant is selling his home and has requested that this matter be tabled. It was moved by Cohen, seconded by Kelley, to table application #1523. Motion, Ayes-6, Nays-0. Motion passed. #1524 TRINITY PRE-SCHOOL 2060 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT PUBLIC HEARING 8:57 P.M. TO 9:00 P.M. Ms. Wesley Ann Hallquist, Pre-School Program Director, was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth briefly reviewed the information pertaining to this application. Kelley asked whether the building has fire sprinklers and smoke detectors. Mabusth replied that the City required the Church to install a fire suppression system at the time of their recent building addition. She suggested that should the pre-school hours extend into an afternoon program that there be no need for additional Planning Commission review. There were no comments from the public regarding this matter and the public hearing was closed. It was the consensus of the Planning Commission that the outdoor play area be fenced. Ms. Hallquist stated that the State did not require a fence - 12 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1524-TRINITY PRE-SCHOOL CONTINUED if the program were offered at less than three hours. It was moved by Moos, seconded by Hanson, to recommend approval of the conditional use permit for Trinity Lutheran Church for a pre-school program, subject to staff recommendations 1 and 2. Motion, Ayes-6, Nays-0. Motion passed. 11525 WILLIAM « JOAN WROBLEWSKI 630 PARK LANE VARIANCE PUBLIC HEARING 9:06 P.M. TO 9:10 P.M. Joan Wroblewski was present for this matter. The Affidavit of Public ... i.nd Certificate of Mailing were duly noted. Gaffron reviewed the information contained in his memo dated May 15, 1990. Kelley asked Ms. Wroblewski why she needed the additional porch area. Ms. Wroblewski replied that she would like enough room to be able to sit on the porch. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked whether it would be possible for the applicants to place a roof over the po’"ch without obtaining variance approval. Gaffron stated that a future variance would be required since the roof would constitute an encroachment of the 35' street setback. Tt was moved by Johnson, seconded by Moos, to recommend approval of the hardcover variance to construct a concrete addition to the porch slab. Hardcover in the 75-250' zone shall be reduced to 45.6%. Motion, Ayes-5. Cohen, Nay. .Motion passed. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE PUBLIC HEARING 9:11 P.M. TO 9:30 P.M. Mr. Stubbs was present. Mabusth reviewed the information included in her memo dated May 17, 1990. Hanson asked, taking into consideration the drainageway that - 13 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 1hfIropPtr^ tf-- - sufficient land for a building envelope and septic sites. 1 • hhfare will not be room to construct a latsenc^r L?t\‘fne'\“ '^n* sistain a teasonadiy sized .4 bedroom) residential structure. Kelley asked Mr. Stubbs what hardship he has for requlrihS a variahce to the two-acre standard. . , . f-hAt* t.h0r0 is 1^0 sclditiondl Isnd to acqul“; fe sald there wi\l be nc inpact on adjacent properties. Bellows asked whether a setback variance to the septic code will be necessary. by stSf!!^°-He^sg Concerns.^'’'’Srhoted thut a trehch system is recommended for this property. Johnson favored the development of one residential site amongst 26 acres of land. Kelley asked whether restrictions as to building size should be established. Hanson stated that the capacity of the septic system could be used as a guide for the house size. t-hAi- the number of bedrooms allowed for the hS^^'b^r/cTd^rfh ^Hfcb^rfh "o“f title for the property. Bellows 4'-P--/",,^rr'j;„^rd%oom house °coulfstm hav^ 5S:roS^'s.f.=‘'%“uo:t ^rstlo^ejWhether ft will be possible « ru^Urr\Lt^%\\%"mly r anrht°%"a%"c%l°:f fahd that is not meanc to be developed. Cohen concurred v;ith Bellows. a. ..4 Mhmt there are ways, through the variance Gaffron noted size of the house in accordance with the ?rpa^!t; -’th^e “%e^tir^\^le^.^ He cited Particular S^i\rrt/d“\h^a7^%^^^^sv^s\\^m^^^^e“r^^^‘ewed Whenever permits are requested for additional nedrooms. There were no comments from the public regarding this matter - 14 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE 11527-STUBBS CONTINUED and the public hearing was closed. Kelley suggested tabling this application to allow time for staff to determine a method to regulate the size of the house on this lot. It was moved by Kelley, seconded by Cohen, to table application #1527. Motion, Ayes-5, Nays-0, Hanson abstained. Motion passed. #1529 JOHN B. THIESSE 3845 BAYSIDE ROAD VARIANCES PUBLIC HEARING 9:32 P.M. TO 9:38 P.M. Mr. Thiesse was present. Gaffron reviewed the information contained in his memo dated May 15, 1990 relating to this application. Hanson asked where the septic system is located on this property. Gaffron explained that it is on the lake side of the house, and when the lake is high, it is below lake level. Hanson expressed concerns regarding the location and questioned whether he could permit further development of the property. Kelley stated that it may ultimately be necessary for Mr. Thiesse to use a holding tank to serve his septic needs until sewer is available.. Gaffron stated that the area for the proposed garage could not be used for repairing or replacing the septic system. He noted that the Dl.R is in the process of revising regulations that will require the City to address the location of the septic system. He said the issue of sewer/septic is separate from this application. Mr. Thiesse presented photographs showing his property and the property adjacent to his. Mr. Thiesse noted that he haa talked with Mr. Don Jaques from Hennepin County regarding access onto Bayside Road. Mr. Jaques did not express any concern for Mr. Thiesse's proposal. Mr. Thiesse asked the Planning Commission if they would consider a turn-around area in their motion. He stated that he did not include it in the application because of the existing hardcover, but would like to have it. There were no comments from the public regarding this matter and the public hearing was closed. - 15 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1S90 ZONING FILE #1529-THIESSE CONTINUED Johnson asked what purpose Outlot A, located northeast of Mr. Thiesse's property, serves. Gaffron explained that Outlot A provides lake access for two Bayside Landing lots and that it cannot be developed. Bellows commented that Outlot A gives visual and realistic relief to Mr. Thiesse's site. She stated that since Outlot A is unbuildable, and that condition runs to the land, it provides a unique condition for approving a variance for Mr. Thiesse. It was moved by Bellows, seconded by Moos, to recommend approval of the side setback, street setback, and hardcover variance for construction of an attached 2-car garage as set forth in the application without a turn-around. Gaffron questioned whether the Planning Commission would approve a turn-around apron in the County right-of-way if the County approves. It was the consensus of the Planning Commission that they would approve a turnaround in the right-of-way. Motion, Ayes-6, Nays-0. Motion oassed. #1534 HOLLAND AMUNDSON 3135 CASCO CIRCLE VARIANCE PUBLIC HEARING 9:43 P.M. TO 9:50 P.M. Mr. Amundson was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron briefly explained Mr. Amundson's proposal, noting that a sketch had been submitted in lieu of a survey. Mr. Amundson showed the Planning Commission photographs of the area where he is proposing to place the dog kennel. Kelley asked Mr. Amundson to explain the hardship for his variance request. Mr. Amundson replied that he needs to place the kennel closer than 30' to the road. Bellows asked Mr. Amundson whether he had investigated the option of using an "invisible fence" which would be an effective and viable alternative. Mr. Amundson stated that the fence will be invisible from the street and will have no impact on the neighbors. He stated that it is important for him to have a dog on the premises because he is away from the property a great deal. - 16 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1534-AMUNDSON CONTINUED Hanson stated that if Mr. Amundson would provide a survey showing exactly where the fence is to be located, he may look favorably upon his request. Mr. Amundson said that the survey would cost more than the fencing. Kelley asked Mr. Amundson if it would be possible to reduce the size of the kennel. Mr. Amundson replied that it is necessary to have the kennel large enough so the dog can reach the road. He said that otherwise the dog would not detect anyone trespassing on the property. Kelley polled the Planning Commission for their opinion regarding approval of the kennel. Kelley indicated thar. he is opposed to approving the variance. Johnson, Hanson, Moos and Bellows indicated that they would look upon the request more favorably if a survey were submitted. Johnson stated that Mr. Amundson should be required to submit a survey. He said that it is a requirement and though it may be a financial hardship, it is required of everyone that applies for a variance. Kelley asked Mr. Amundson whether he would like the Planning Commission to table this matter. Mr. Amundson stated that he would have a survey prepared for the Planning Commission to review. It was moved by Kelley, seconded by Moos, to table this application until the applicant submits a survey. Motion, Ayes-5, Nays-0, Cohen abstained. .Motion passed. (Cohen departed at this time, 9:50) #1334 REBERS CONSTRUCTION, SUGAR WOODS PLAT RECONSIDERATION OF ALLOWED HARDCOVER WITHIN FRONT/STREET SETBACK AREA Mr. Robert Kost was present for this matter. Mabusth reviewed the information contained in her memo dated May 16, 1990. Kelley stated that he would prefer to have each lot that cannot meet the intent of Resolution #2652, reviewed individually, rather than creating special standards that would only encourage encroachment when not needed.. Mabusth noted that it may be a hardship on a builder if he - 17 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1334-REBERS CONSTRUCTION CONTINUED must wait for the Planning Commission to meet before obtaining a permit. Mr. Kost said that he and City staff have attempted to establish objective criteria that would provide staff with the ability to determine whether a proposal is acceptable. He staged that it is difficult to establish a basic criteria because of the location of trees and other factors unique to each lot. Kelley believed that because each lot lS unique, each proposal should be reviewed separately. Kelley said nninion the Planning Commission compromised quite a bit when tht; ap'provtd tte subdivision. He objected to the request to change the "rules of the game" at this point. Bellows stated that the houses can be designed to comply with the standards established with subdivision approval. Mr. Kost said that the City awd the Developer have interpreted some of the standards differently, particularly in regard to the driveways. He stated that the standar s ° sScIfy that there be only one curb cut for driveway ^ Mr Kost said that in situations of a tuck under lot. it is likely tZt the house will be placed at the 50' setback lihe If the house is placed at the front yard setback line, only a 20 drivLay will be allowed. A 20' driveway will not adequately serve a three-car garage. Bellows reiterated that in necessary to design a house consideration. those situations, it will be that will take that into Kelley asked Mr. Kost if he would like to continue to v/ork with staff^to prepare criteria that will mutually satisfactory. Johnson questioned whether allowing no ^ force the builder to excessive grading in order to locate th hcSn U such , way to allow for additlohal driveway area. Ho suggested that may have more of a negative impact on thv. lot, than allowing a loop drivev/ay. Bellows said that is another reason for asking to review each lot individually. She stated that the developer is essLtially asking for a vari ince from the original standards and that variances require Planning Commission review. It was the consensus of the Planning Commission that there be ho emehdoent to kesolutioh .2652 h.iilder has a hardship and cannot comply with the standaras sec forth, he/she should have to come before the Planning Commission. - 18 - • • » ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 #1526 LANDSTAR INC. 3150 SHADYWOOD ROAD 10 LOT SUBDIVISION SKETCH PLAN REVIEW Mr. Sandin was present and provided the Planning Commission with the sketch plan for a proposed subdivision. Kelley indicated that he was concerned about additional curb cuts on County Road 19 in order to access Lots 8 and 9. Mabusth stated that Lot 9 will be served from the property to the north and Lot 8 will have a single access. Kelley asked if it would be possible to design the subdivision to that access is achieved entirely from Old Beach Road. Mr. Sandin said that the parcel is very vide and a portion of the property will revert back to the FWBI. He said that they will rezone Lot 8 so it will be zoned LR-lB. Kelley suggested that the B-4 Zoning District follow the outline of Lot 9. Mr. Sandin said that it is his intention. He also noted that p"ior to giving Lot 9 back to the Freshwater Fount.ation» covenants will be filed against the chain of title which will prohibit them from placing any structures in the wetland. #1533 RICHARD ft JULIE MARKLUND 3415 HIGH LANE SKETCH PLAN OF A 2-LOT SUBDIVISION It was the consensus of the Planning Commission to table this matter for discussion because the applicants were not present. MINUTES OF APRIL 16, 1990 PLANNING COMMISSION MEETING It was moved by Hanson, seconded by Johnson, to approve the minutes of the April 16, 1990 Planning Commission Meeting. Motion, Ayes-5, Nays-0. Motion petssed. PLANNING COMMISSION REPRESENTATIVE It was agreed that Chairman Kelley would be representative to attend the June 11, 1990 Council Meeting. the ADJOURNMENT 10:20 P.M. It was moved by Moos, seconded by Kelley, to adjourn the Planning Commission Meeting. Motion, Ayes-5, Nays-0. Motion passed. - 19 -