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HomeMy WebLinkAbout06-18-1990 Planning Minutes•» n- MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ATTENDANCE 7:00 P.M. The Orono Planning Conunission met on the above date with the following members present: Chairman Kelley and Planning Commissioners Johnson, Bellows, Cohen, Hanson and Moos. The following represented the City Staff: Building and Zoning Administrator Mabusth. Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Council Repress \tative was present. flit36 < '5VE GARDINER 3770 PA'itSIDE ROAD A) VACATION OF PUBLIC RIGHT-OF-WAY B) VARIANCES PUBLIC HEARING 7:00 P.M. TO 7:07 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Gardiner was present for this public hearing. Gaffron reviewed the information regarding this two-part applic'ition (see Gaffron's report dated June 11, 1990). Gaffron noted that it will be necessary for the other adjacent property owners to petition to have the alley vacated. Kelley suggested that the Planning Commission provide Mr. Gardiner with opinions and a possible consensus, but hold the Public Hearing in abeyance until a petition is received. Gaffron stated that he sees no reason for neighborhood opposition to the vacation and that the matter could proceed to Council with the condition that the petition must be received. Mr. Gardiner stated that he had secured the signature of one of the four property owners and was attempting to obtain the other three. With regard to the variance portion of this application, Gaffron stated that the capacity of the existing septic system is a concern. Kelley asked when City sewer will be installed in that area. Gaffron replied that the City is currently sending letters to all residents in the area to determine how much interest exists for the project. Kelley asked whether staff is recommending approval of Mr. Gardiner's addition without the property having City sewer. Gaffron replied that the property should have City sewer if the house is to be expanded. Gaffron stated that the applicant - 1 - i ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE 11536-GARDINER CONTINUED preferred to have the Planning Conunission's recommendation prior to incurring the expense for septic testing. Mr. Gardiner indicated that he would be willing to revise his addition plans to make the situation more acceptable. Gaffron stated that it is questionable whether the existing septic system will adequately serve the existing residence for a long period of time. There were no comments from the Public and the Public Hearing was continued. Johnson asked whether it would be Hennepin County's decision as to how the alley property would be divided once the vacation occurs. Gaffron said that he had discussed that with a County Surveyor who indicated that normally they would split the property in half. Gaffron also spoke to the City Attorney who recommended that once the entire alley is vacated, the property owners and Hennepin County should determine how the property will be divided. Kelley suggested that since Mr. Gardiner's garage is located on the alley easement that the vacation be approved with the condition that all of the property be acquired by Mr. Gardiner. Hanson stated that it may be necessary to remove the garage It was the consensus of the Planning Commission that Mr. Gardiner should attempt to obtain the petition from the remaining property owners abutting the alley. Mr. Gardiner should also ask the property owners to the west if they would agree to give him their half of the alley. With regard to the expansion of the house, the Planning Commission agreed that the property should either have a septic system meeting the current code, or sewer. Gaffron noted that a letter had been received indicating opposition to the City granting setback variances (see the letter from Julie Harren, 175 Landmark Drive, dated June 18, 1990). It was moved by Kelley, seconded by Moos, to table application #1536. Motion, Ayes-6, Nays-0. Motion carried. #1551 ROBERT WAADE 998 WILDHURST TRAIL PRELIMINARY SUBDIVISION PUBLIC HEARING 8:15 P.M. TO 8:20 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. - 2 - . 1 ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE 11551-WAAOE CONTINUED Mf. and Mrs. V<7aade, and Bill Rudnicki, applicant's Consultant, were present. Mabusth referred the Planning Conunission to a letter she had received from Mr. and Mrs. Ole Overboe, 4450 Forest Lake Landing, dated June 18, 1990, expressing concern for the wetland area on the^ Waade property. Mabusth noted that the wetland will be designated and that building envelopes must meet the standards of City's flood plain-wetlands regulations. She said that the building envelopes must have a minimum of one-half acre of dry, contiguous land. Mabusth informed the Planning Commission that there were several neighbors present this evening. She introduced Barbara Kosch, a representative for the neighborhood. Ms. Kosch stated that she is objecting to the road encroaching on her property, causing trees to be removed. She said that she does not object to the road, but would prefer that it be constructed further south. She said that is the general consensus of the neighbors. Kelley advised the Waades that he consistently recommends denial of variances for new subdivisions. Kelley also stated that he would not approve the encroachment onto neighboring property owners. Ms. Kosch was confident that the issue of the road location would be resolved to everyone's satisfaction. She stated that the residents are concerned about how they will access the cul- de-sac from their private driveways. Kelley suggested that no further discussion take place until the issues referenced in staff's memo are addressed (see Jeanne Mabusth's memo dated June 13, 1990). It v/as moved by Kelley, seconded by Hanson, to hold the Public Hearing for application #1551 in abeyance until the issues noted by staff are addressed by the applicant. Motion. Ayes-6, Nays-0. Motion carried. #1465 GERALD MCCOURTNEY 1055 FERNDALE ROAD WEST VARIANCES REFERRAL BACK TO PLANNING COMMISSION Mr. and Mrs. McCourtney were present, contractor, Mr. Gerry Wenkus, was also present. The McCourtney's Gaffron showed the Planning Commission the areas of hardcover that currently exist and those areas that have been removed. Gaffron explained the McCourtney's revised proposal and noted that a revised survey has been submitted. The survey shows approximately 1% additional lot area and indicates that the house - 3 - Im I ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE il465-MCCC0RTNEY CONTINUED is located closer to the road than previously shown. Gaffron reviewed a hardcover sunnnary for the property (see Exhibit ”B" of Gaffron’s memo dated June 14, 1990). Gaffron noted that the applicant wishes to replace sidewalks and construct a terrace where the circular deck had existed. Gaffron stated that a portion of the circular deck was within the 0-75' setback zone. Kelley asked Mr. Wenkus if he agreed with the hardcover calculations provided by staff. Mr. Wenkus replied that the figure approved in 1987, 6,424 s.f. was incorrect in that the sidewalks were not included. He said that an additional 400 to 500 square feet should be added, bringing the total square feet to 6,924.. Wenkus noted that the addition of the existing hardcover (5,968) plus 592 s.f. for the deck and 500 s.f. for sidewalks would total approximately the same as the 6,924 figure approved in 1987. Kelley asked Gaffron if he agreed with Mr. vienkus. Gaffron replied that he believed Mr. Wenkus to be correct. Ke noted that the discrepancy may have resulted from the previous contractor including areas of hardcover that should have been removed, but were not. Mr. McCourtney explained that in addition to replacing the sidewalks and constructing a terrace, he’ would also like to construct a circular drive that would add 532 s.f. of hardcover. He noted that the hardcover existing in the right-of-way would be removed to offset the driveway hardcover. Mr. V/enkus clarified that there would be a ne'_ increase in grass area of 500 s.f. if the turn-around is approved- He said that all but two feet of gravel shoulder would be removed and sod would be placed in that area. Mr. Wenkus stated that the turn­ around drive was being proposed with safety in mind. He said that the Public Works Director had indicated that the turn­ around would provide a safer situation for parking and access. Kelley asked Mr. McCourtney whether it was intention to have a circular drive on the property. always his Mr. McCourtney replied that the circular drive was an after thought. Hanson indicated that he would be inclined to vote favorably for the sidewalk and terrace, but due to the amount of hardcover existing on this property, he would only approve the circular drive as long as 6,900 s.f. of hardcover is not exceeded. Johnson concurred with Hanson. He said that he would not - 4 - b ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING PILE 11465-MCCOURTNEY CONTINUED consider exchanging right-of-way for driveway and noted that sod placed so closely to the street may not withstand the wear and tear caused by snow plov/ing. Kelley indicated that he too agreed v/ith Hanson and Johnson. He said that the size of the house and the existing hardcover were such that he could not approve the circular drive. Cohen advised Mr. McCourtney that the hardcover on the property is already substantial and that he would not approve an increase beyond what exists. Mr. McCourtney stated that the problems that he has encountered stem from the fact that the City's records and his architect's records were wrong. Johnson asked Mr. McCourtney why restoration of the swale area has not occurred. Mr. Wenkus stated that the restoration has been delayed, pending the outcome of the application presently before the Planning Commission. It was moved by Cohen, seconded by Hanson, to recommend that hardcover remain at the same percentage approved in Resolution #2279, as corrected as stated by Mr. Wenkus and Mike Gaffron. Cohen included in his motion that the approximate 6,900 s.f. shaxl include the terrace which can be constructed in the 0-75' zone, replacing a circular deck. Hanson agreed. Motion. Ayes-6. Mays-0. Motion carried. 11512 STEVEN RUCE 4625 WEST BRANCH ROAD AFTER-THE-FACT CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 7:39 P.M. TO 7:45 P.M. Mr. Ruce was present. Mabusth reviewed her memo dated June 12, 1990 regarding this application. She noted that in response to the Planning Commission's request, staff gave further consideration to controls that could be placed on the home occupation to minimize impact on use of residential yard areas. She stated that staff is recommending that the employees park their personal vehicles in the garage and storage shed on Mr. Ruce's property. Cohen stated that contrary co staff's beliefs, Mr. Ruce's employees do work on the site. He said that cnty :.jad and unload the trucks with the plant materials needed for projects. Mabusth noted that in the May review of the application. Planning Commission wa.', well aware of this fact. They tabled the - S - - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE fl512-RUCE CONTINUED application and specifically asked staff to draft appropriate controls for the obvious variance. Mr. Ruce stated that the employees do load the trucks and occasionally remove plants from the garden. He said that the employees are not on the premises for more than 45 minutes. Cohen asked how many people Mr. Ruce currently employs. Mabusth replied that Mr. Ruce has three employees. Kelley asked Mr. Ruce what he is currently storing in the garages on the property. He noted that he had driven by the property recently and had seen vehicles parked outside of the garages. Kelley believed that Mr. Ruce's business constituted an intensification and a conflict with the intent of the Home Occupation Ordinance. Kelley stated that he objected to the employees coming to the site to obtain their vehicles. He said that he would prefer to have the vehicles stored in a structure off-site. Johnson asked v/hether the City would review Mr. Ruce's business on an annual basis. Mabusth replied that the Home Occupation Ordinance requires an annual review prior to licensing. She noted that a conditional use permit does not require an annual review. Johnson noted that the neighbors were very supporcive of Mr. Ruce's business and that he too would support Mr. Ruce application. Kelley asked Mabusth to briefly review the information relating to the greenhouse addition to the rear of the garage. Mabusth noted that the greenhouse had been constructed without a building permit and that it constituted another intensification of the commercial use of this property. tlr. Ruce noted that neither of the greenhouses are heated or cooled and are used only for staged plant storage during the spring and fall. He said that the greenhouses are used approximately 6 weeks a year. Mabusth noted that there is another greenhouse on the property, for which Mr. Ruce sought and obtained proper approval. She recollected that Council had agreed that the greenhouse was a minimal addition to the property and suggested refunding fir. Ruce's application fee. - 6 - ! J ' ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1512-RUCE CONTINUED There were no further comments regarding this matter than those expressed by neighbors at the May 21, 1990 Planning Commission meeting. Kelley closed the Public Hearing. Cohen stated that on the one hand, there have been no complaints and the neighbors support Mr. Ruce. However, it is apparent that the business is expanding and that poses a problem because the business is occurring in a residential area. Moos concurred with Cohen. Hanson asked Mr. Ruce if in fact his business is expanding. Mr. Ruce stated that he does not intend to expand the business beyond its present status. Hanson stated that he would be concerned if just one neighbor had objected to the business, however, that is not the case. He did not believe xt would be practical to have the vehicles stored off of the property. It was moved by Hanson, seconded by Johnson, to recommend approval of the Conditional Use Permit and Home Occupation variance, including approval of the greenhouse addition the rear of the garage, subject to staff conditions 1 through 6. Motion, Ayes-4. Kelley, Cohen, Nay. Motion carried. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET V.ARIANCE CONTINUATION OF PUBLIC HEARING 7:55 P.M. TO 8:12 P.M. Mr. Stubbs was present for this matter. Mabusth provided information that had been prepared since the May 21, 1990 Public Hearing (see Jeanne Mabusth*s memo dated June 13, 1990). Mabusth asked Planning Commission for their response to the development controls staff is recommending for this lot. Kelley did not believe that the controls would adequately limit the size of a structure that could be built on the property. Kelley asked Mabusth for the size of the building envelope. Mabusth estimated it to be 1/3 to 1/2 of an acre. She asked Hr. Gronberg if he would approximate the size. Kelley suggested using the new Lot Coverage Ordinance to restrict the structure size within the building envelope. Kelley reconsidered and suggested applying the Lot Coverage Ordinance to the area east of the drainageway. - 7 - 13 kL ORONO PLAMNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1527-STOBBS CONTINUED Mabusth asked Mr. Gronberg if he could determine the total area east of the drainageway and then calculate how much 15% of that area will be. Moos stated that she would not be in f<*. i ir of the variance because it will be difficult to sufficiently limit the development of the property. Cohen, Bellows and Kelley did not believe this property should be developed. Johnson asked whether it would be possible to install a pipe to facilitate drainage rather than having the existing drainagev/ay. Mabusth stated that a pipe posed more problems for maintenance. Mabusth said that at one point staff had considered realigning the drainageway and asked Gaffron if he could elaborate. Gaffron stated that due to the amount of runoff, a pipe would not be as practical as a swale. He said that staff did recommend channelizing the drainageway. Hanson stated that the lot does meet the standards required to be classified as a buildable lot. Hanson questioned whether it is currently accurate to state that 600 gallons of water per day and four bedrooms are one and the same. He suggested that the City may wish to further examine that issue. Hanson also suggested monitoring the amount of water usage with a meter as staff recommended. Kelley and Cohen disagreed with the use of a meter because of a lack of an appropriate penalty should usage exceed 600 gallons. 9 Gronberg reported that the area east of the drainageway is 3/4 of an acre, 15% of which would allow a 4,900 s.f. footprint. Mr. Stubbs noted that the zoning for this parcel at the time he purchased it was one acre. Mabusth recollected that area variances have been approved on the basis that zoning for a given area changed subsequent to the property being purchased and that septic testing confirmed adequate and suitable area for principal and alternate on­ site sewage disposal systems. In this case, the septic capabilities limit the future residence to four bedrooms or 600 gallons/day use level. Hanson noted that septic testing has indicated that gravel. - 8 - 1i m , ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1527-STUBBS CONTINUED the most suitable condition for a trench system. <=»xists. Kelley stated that preserved for eternity. he would like to have the wetland Habusth stated that the City would take a flowage and conservation easement over the v/etland for the purpose of preservation. There were no comments from the public regarding this application an the Public Hearing was closed. It was moved by Johnson, seconded by Cohen, to recommend approval of the lot area variance. subject to staff recommendations 1 through 6 and that the Lot Coverage Ordinance be used to limit the development of the property and that it be based on the dry buildable area of 1.40 acres. Kelley asked Johnson if he would include the flowage and conservation easement over the wetlands. Johnson agreed, Cohen seconded. Motion, Johnson, Aye, Nays-4, Hanson abstained, due to his interest in the property. Motion failed. It was moved by Kelley, seconded by Cohen. dpp;;wvai of the lot area variance subject to the Ordinance being used based on the area east of the It is further recommended that the house be limited and that there be no meters used to monitor v/ater hardship is that Mr. Stubbs purchased the property property being zoned as a two-acre parcel. Motion, Nays-4, Hanson abstained. Motion failed. to recommend Lot Coverage drainageway. to 3 bedrooms usage. The prior to the Kelley, Aye, It was moved by Cohen, seconded by Bellows, to recommend denial of the lot area variance. Motion, Ayes-4, Johnson, Nay, Hanson abstained. Motion carried. #1532 FULLERTON PROPERTIES, INC. 2225 6TH AVENUE NORTH PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 8:22 P.M. TO 8:27 P.M. Mr. Joe Franks, Developer, Mr. Mark Gronberg. Surveyor, and Mr. Tom Haislet. Realtor, were present. Mr. Jim Cox, an owner of property involved in this subdivision, was also present. Mabusth referred the Planning Commission to her memo dated June 13, 1990, for updated information regarding the issues of this subdivision. Mabusth asked the Planning Commission for their opinion of granting a blanket conditional use permit for accessory structures on the four through lots of the plat. The Planning Commission had a divided opinion as to v/hether or not to grant a blanket conditional use permit. - 9 - r If' ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 public regarding this matter and the Public Hearing was closed. It was moved by Kelley, seconded by Bellows, to recommend aooroval of the Preliminary Subdivision, with the condition that the owners of lots 1, 2, 4 and 5. must individually come before the Planning Commission for a Conditional Use Permit for an accessory structure. Motion; Ayes-3, Cohen, Johnson and Hanson, Nay. Motion failed. It was moved by Kelley, seconded by Cohen, to recommend approval of the Preliminary Subdivision for Fullerton Properties, excluding the issue of the accessory structures. Motion. Ayes-6, Nays-0. Motion carried. It was moved Bellows, toby Kelley, seconded by separate "conditional Use Permit application reviewed by Planning Commission for accessory structures on lots 1, 2, 5. Motion, Ayes-3, Hanson, Johnson and Cohen, Nay failed. have the and Motion 11537 CALVIN PRESBYTERIAN CHURCH 177 GLENDALE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 8:29 P.M. TO 8:30 P.M. _ The Affidavit of Publication and Certificate of Hailing wore duly noted. Ms. Joyce Anderson, a representative for Calvin Presbyterian h- was oresent.Church, was present. There were no comments from the public regarding this application and the Public Hearing v/as closed. It was moved by Cohen, seconded by Moos, to recommend approval of the Conditional Use Permit for Calvin Presbyterian Church to construct a shed. Motion, Ayes-6, iJays-0. Molion carried. #1538 LAUREN BORN 1432 SHORELINE DRIVE VARIANCES PUBLIC HEARING 8:39 P.M. TO 8:43 P.M. « -n ^ot-oThe Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Lauren Born was present Mabusth reviewed her memo dated June 13, 1990, which provides information regarding the previous and present zoning applications for this property. - 10 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1538-BOKN CONTINUED There were no cotmnents from the public regarding this application and the Public Hearing was closed. Hanson asked Mr. Born if he would consider constructing a grade level patio in lieu of the deck. Mabusth noted that a grade level patio would also be included in hardcover calculations. It was moved by Hanson, seconded by Johnson, to recommend approval of the hardcover variances for Lauren Born to construct a 10' X 12' deck with an adjacent stairway, subject to approval by staff. Hanson stated that the hardcover for the stairway is a mute issue because stairs must be provided. Hanson stated age as the hardship for the variance approval. Motion, Ayes-2, Nays-4. Motion failed. It was moved by Kelley, seconded by Hanson, to recommend approval of a stairway from the main floor to ground level. Motion, Ayes-5, Johnson, Nay. Motion carried. Johnson noted that there is currently a significant amount of disturbed soil on the property. Bellows concurred, adding that there is evidence that silt is seeping into the lake. 11539 DAVID FILKINS 3905 SHORELINE DRIVE VARIANCES PUBLIC HEARING 8:45 P.M. TO 9:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Filkins was present. Cohen removed himself from the discussion of this application. Gaffron explained the reason Mr. Filkins is requesting setback variances to relocate his garage (see Michael Gaffron's memo dated June 13, 1990). Gaffron showed the Planning Commission the options available for locating the garage on the property. Kelley asked Mr. Filkins which option he preferred. Mr. Filkins stated that he would prefer to have the garage detached. Kelley noted that if the garage is not attached, a variance would be required to allow the garage to be nearer to the house than 10 feet. Kelley asked Gaffron why more hardcover could not be removed from the lake side of the house. - 11 - ► ORONO PLANNING COflMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1539-FILKINS CONTINUED Gaffron noted that a portion of the hardcover shown is a -.ea wall that is providing erosion control. Johnson asked Mr. Filkins if the County had acquired the additional right-of-way subsequent to the garage bexng constructed. Mr. rilkins stated that the garage was constructed prior to the additional right-of-way being taken. Gaffron stated that there is uncertainty as to the sequence of events. He said that the survey does not provide any information confirming when the current right-of-way established. v/as Kelley indicated that he would prefer to have the garage attached to the house to provide maximum distance between Mr. Filkins and the neighboring property. Kelley also stated that he v/ould request that as much hardcover as possible be removed from the lake side of the house. Bellows questioned whether it v/ould be possible to relocate the curb cut. Gaffron stated that relocation of the curb cut would be possible. There were no comments from the public regarding this matter and the Public Hearing was closed. It was moved by Hanson, seconded by Kelley, to recommend approval of the side setback variance according to applicant's plan II. Kelley clarified that the approval recommends that the curb cut be left as is, the garage is to be attached to the right side of the house. He added that hardcover on the lake side of the house and in the northeast corner should be removed to achieve a net reduction in hardcover from 53% to 46%. Motion, Ayes-4, Johnson, Nay, Cohen, abstained. Motion carried. Johnson stated that because the lot is small, any improvements constitute an intensification of the property which he cannot support. #1540 JULIENNE « RONALD PRINEAS 1980 HERITAGE DRIVE RENEWAL VARIANCE PUBLIC HEARING 9:01 P.M. TO 9:02 P.M. The Affidavit of Publication and Certificate of Mailing, were duly noted. Ms. Chris Larsen, 1505 Holdridge Lane, Wayzata, v/as present on behalf of the applicants. - 12 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1540-PRINEAS CONTINUED There were no comments from the public application and the Public Hearing was closed. regarding this It was moved by Cohen, seconded by Koos, to recommend approval of the renewal of the lot width variance. sub]ect to the coSdi^ionS outline’ in Resolution #2650. Motion, Ayes>6, Nays-0. Motion carried. #1541 DR. ROBY * JANE THOMPSON 1520 TANGLHfOOD ROAD VARIANCE _^ i> oPUBLIC HEARING 9:02 P.M. TO 9:04 PH The Affidavit of Publicatior duly noted. -irtificate of Mailing were Ms. Jane Thompson was present for this Public Hearing. Kelley asked whether anyone is currently living in the house. Gaffron reviewed the Information pertaining to this application (see Michael Gaffron's memo oated June 11, 1990). There were no comments from the public regarding this application and the Public Hearing was ciosed. It was moved by Johnson, seconded by Moos, to recommend :re“JitH - rrnd!-^^jth.;;o'n^^«:t^^^^ =th"ar r |«n?!ng a'lS-^setb^f:' Motion?Ayes-6°‘Na\''s-o!’'"MoUon carried. §154■» RICHARD C. REED 1000 OLD LONG LAKE ROAD VARIANCES Mn^viro^"* J?cation ^n^ Certificate of Mailing were duly noted. Mr. Reed was present Mabuath reviewed the information set forth in her memo dated June 14, 19S0. Mabusth noted that Old Long LakeJune J-**, a-his nrooertv, does not exist as a piatted iSar^^She stated that the Public Works Director has asked that a minimum setback of 10' be maintained from the traveled road. Hanson questioned whether Long Lake Road should be platted at some future date. Mabusth stated that she was uncertain as to how platting - 13 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1543-REED CONTINUED would impact the registered property. Kelley indicated that he has consistently recommended denial of entrance monuments. There v/ere no comments from the public regarding this application, and the Public Hearing was closed. It was moved by Johnson, seconded by Hanson, to recommend approval of the height variance for monuments in excess of 3.5 feet. Kelley noted that a fence is also being installed between the monuments. Motion, Ayes~3, Kelley, Cohen, Moos, Nay. Motion failed. #1544 ROGER ft BECKY BERRY 1392 BALDUR PARK ROAD RENEWAL CONDITIONAL USE PERMIT/VARIANCES PUBLIC HEARING 9:07 P.M. TO 9:08 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Roger Berry was present There were no comments from the public regarding this application, and the Public Hearing was closed. It was moved by Hanson, seconded by , to recommend approval of renev/ing the variances and conditional use permit, per the conditions set forth in Resolution #2587. Motion, Ayes-6, Ways-0. Motion carried. 11545 DAIN ft JANET RODHELL 258 CYGNET PLACE VARIANCES PUBLIC HEARING 8:38 P.M. TO 8:39 F.M. It was moved by Kelley, seconded by Cohen, application #1545 as requested by the applicants. Ayes-6, Nays-0. Motion carried. to table Motion, #1546 SCOTT ft SARAH PROCHNOW 4075 HIGHWOOD ROAD RENEWAL VARIANCES PUBLIC HEARING 9:08 P.M. TO 9:09 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Prochnow was present. There were no comments from the public regarding this matter and the Public Hearing was closed. - 14 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1546-PROCHNOW CONTINUED It was moved by Cohen, seconded by Hanson, to recommend approval to renew the hardcover variance per the conditions set forth in Resolution #1991. Motion, Ayes~6, Nays~0. Motion carried. #1547 METROPOLITAN WASTE CONTROL COMMISSION INTERSECTION OF WEST FERWDALE ROAD t SHORELINE DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:09 P.M. TO 9:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. A representative for the Metropolitan V7aste Control Coitunission was present. There were no comments from the public regarding this matter and the Public Hearing was closed. It was moved Cohen, seconded by Moos, to recommend approval of the Conditional Use Permit required for construction of an underground vault. Motion, Ayes-6, Nays-0. Motion carried. #1548 JULIA S. JENSEN 2700 ETHEL AVENUE VARIANCES PUBLIC HEARING 9:10 P.M. TO 9:14 P.M The Affidavit of Publication and Certificate of Mailing were duly noted. Mrs. Jensen was present. Gaffron explained the apfciicant's proposal (see Gaffron’s memo dated June 13, 1990). Kelley asked Gaffron what the ramifications of vacating the alley v/ould be. Gaffron believed that a water line exists within the alley and therefore the City must maintain a utility easement. One of Mrs. Jensen’s neighbors presented Acknowledgments from several adjacent property owners. The neighbor stated that he and the other neighbors supported I4rs. Jensen's proposal. There v/ere no additional comments from the public and the Public Hearing was closed. Hanson noted that a front yard setback v/ould be required even if the applicant were not proposing the cantilevered design. Hanson suggested addressing the concerns noted by staff regarding height of the structure. - 15 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE fl548-JENSEN CONTINUED Gaffron stated that the depth of the house foundation below grade has not been determined. He said the allov/ed height of the structure will be based on the percentage of foundation that is exposed above ground. item. Kelley asked Gaffron whether he vrould recommend tabling this Gaffron replied that the height issue v/ould be addressed with the building permit process. Gaffron said that he wanted the applicant to be aware that it may be necessary to apply for a height variance. Kelley stated that the applicants would either have to come back to the Planning Commission for a height variance or re-design the addition. Gaffron informed the ap, licant that it will be necessary for her to obtain the peak el tvations of the addition from her architect. It was moved by Hanson, seconded by Johnson, to recommend approval of the front and side setback variances required to construct an addition. The hardship for the variance is the existing alley and the location of the house on the property. Johnson asked whether the Planning Commission could suggest that the alley vacation be explored. Gaffron stated that the neighbors would have to submit a petition and apply to the City for the vacation. Hanson amended his motion to include a recommendation that the alley be vacated. Johnson, seconded. Motion, Ayes-6, Nays-0. Motion carried. #1549 « #1550 ROD CRAWFORD 4705 NORTH SHORE DRIVE CONDITIONAL USE PERMIT/VARIANCES PUBLIC HEARING 9:20 P.M. to 9:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Crawford was present, as was Mr. and Mrs. Schwartz, his Builders/Architects. Mabusth explained Mr. Crav/ford's proposal , (see Jeanne Mabusth's memo dated June 15, 1990). Mabusth shov/ed the Planning Commission the areas where hardcover is proposed to be added and removed. Kelley asked Mr. Crawford how he intends to control the drainage around the house if the plastic is removed. Kelley noted that due to the steep slope, it would be difficult to prevent any material placed in that area from washing away. - 16 - . ORONO PLANIIING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1549 4 1550-CRAWFORD CONTINUED Mr. Schwartz replied that rock or facilitate drainage. wood chips would Mrs. Schwartz indicated that in her opinion, plastic ground cover created more drainage problems. She stated that if proper grading is done around the house, there should be no problem. Kelley suggested allov/ing the hardcover percentage within the 75-250' setback area to remain as is. Bellows noted that the landscape plan may create an increase in hardcover. Mr. Schwart'z stated that the landscaping plan is mainly for the purpose of showing what hardcover is to be removed. Mabusth noted that the applicant has received approval from Hennepin County to relocate the curb cut to a safer location. She said that as a result, a conditional use permit is required because of the fill that must be brought in. Mabusth explained the recommendations of the City Engineer regarding the slope and fencing requirements. Kelley asked v/hether a grading plan has been submitted. Mabusth stated that she did receive a grading plan, however, staff is recommending the amendments set forth in her memo. Bellows stated that a grading and landscape plan should be submitted with the building permit (application and that they correspond with the City Engineer's recommendations. There were no comments from ths public regarding these applications and the Public Hearing was closed. It was moved by Kelley, seconded by Cohen, to recommend approval of the hardcover, and lakeshore setback variances requested in application *1549 wiuh the following conditions; The hardcover in the 0-7 5' setback zone be reduced to 3.4%., and hardcover in the 75-250' area is not to exceed 25%. Approval is also recommended for the conditional use permit, conditioned upon the receipt of landscape and grading plans from the applicant prior to construction. The findings in this application are the topography of the land and the sight lines. Motion, Ayes"^, Nays-0, Johnson abstained. Motion carried. - 17 - ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 #1552 STEVEN « RENEE FOSTER 1800 SHAOYNOOD ROAD VARIANCES PUBLIC HEARING 9:32 P.M. TO 9:37 P.M. The Affidavit of Publication and Certificate of Maxling were duly noted. Mr. Foster was present for this Public Hearing. Gaffron reviewed the information contained in his memo dated June 13, 1990, pertaining this application. Mr, Foster informed the Planning Commission that he is not intending to proceed with the front walk addition, which would reduce the proposed hardcover by 81 s.f. or 1%. . There were no comments from the public regarding this matter and the Public Hearing was closed. It was moved by Hanson, seconded by Cohen, to recommend denial of the variances requested in application #1552. Motion, Ayes~6, Nays~0. Motion carried. Mr. Foster asked whether the Planning Commission would approve a revised plan. Gaffron asked v/hether the application would be looked upon more favorably if all of the improvements were construe*- ;d under the existing deck. Kelley indicated that he would not approve an increase of hardcover for this property. Hanson stated that he objected to creating a walkout situation in this case, i/hich would result in drainage problems. #1533 RICHARD ft JULIE MARKLUND 3415 HIGH LANE SKETCH PLAN REVIEW Ti;0-L0T SUBDIVISION Mr. and Mrs. Marklund were present. Kelley stated that from his observations of the property, a great deal of excavation would be required to create an access to the property. Kelley suggested that it may be cost prohibitive to do so because the cost of excavation may be more than the selling price of the newly created lot. Hr. Marklund stated that he had discussed with staff the option of extending a private road from the existing cul-de-sac at the end of Christine Drive. Kelley stated that though the Marklund’s have the right to use Outlot A, it is questionable whether the City would allow that without Outlot A being developed. With regard to possible septic locations, Mr. Marklund stated that he and Steve Schirmers waV-ed the property. He said - 18 - • IV *3 ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1533-MARKLUND CONTINUED that without performing soil testing, that two sites may exist. Mr. Schirmers estimated Gaffron noted that the present drainage pattern may interfere with one of the building sites. Kelley indicated that extending the outlet would reduce the existing lot to less than an acre. He said that he would not be in favor of that. Mr. Marklund stated that he has discussed a lot line rearrangement with Mr. Almond Kreb that would provide additional area for Lot 1. Hanson asked how acces .• to lot 2 would occur. Kelley stated that it would be necessary to have lot 1 provide a private easement to lot 2. Hanson indicated that he would object to such a road configuration. Hanson indicated that he v/ould prefer to see an outiot extending to the west of lot 1. Johnson asked whether staff has considered a road network that v/otld provide access to the Ducharme and Graham property. Ms. Marklund replied that the Ducharme property can achieive access from either High Lane or Watertown Road. Gaffron sketched a road that would be the most practical configuration for connecting the properties in ..he area. Kelley stated that in his opinion, it would be most oracticai to locate an outiot along the west side of the property. Kelley noted that the subdivision may be possible, but that there are several major issues that must be adaressed. APPROVAL OF MINUTES-MAY 21, 1990 PLANNING COMMISSION MEETING It was moved by Cohen, seconded by Kelley, to approve tn^ minutes from the May 21, 1990 Planning Commission Meeting. Motion, Ayes-6, Nays-0. Motion carried. PLANNING COMMISSION REPRESENTATIVE , , o loon It v/as agreed the Jeff Johnson would attend the July 9, 1990 Council Meeting as a Planning Commission Representative. ADJOURNMENT ^It was moved by Kelley, seconded by Cohen, to adjourn the June 18, 1990 Planning Commission Meeting. Motion, Ayes-6, Nays- 0. Motion carried and at 9:50 p.m., the meeting adjourned. - 19 -