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HomeMy WebLinkAbout07-16-1990 Planning Minutesibai MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair, Charlie Kelley, and Planning Commission Members Jeffrey Johnson, Maureen Bellows, Ed Cohen, and Candace Rowlette. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Councilmember Callahan was also present. INTRODUCTION-PLANNING COMMISSION MEMBER ROWLETTE Kelley took this opportunity to introduce Candace Rowlette and to welcome her to the Planning Commission. «1555 LANDSTAR INC. 2501 OLD BEACH ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 TO 7:45 P.M. Mr. Dennis Sandin, Landstar, Inc., Mr. Bill Rudnicki, Surveyor, and Ms. JoEllen Hurr, Zoning Administrator for th» City of Minnetonka Beach, were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth noted that this subdivision was also scheduled for the Minnetonka Beach Council Meeting this evening. Kelley referred to a memo that had been received from JoEllen Hurr. He questioned whether it was appropriate for the Planning Commission to address the issues raised in the staff memo as it appeared that Minnetonka Beach would have to table the subdivision review until wetlands ordinance is passed.. ?'urr explained, "The Minnetonka Beach City Council is ccnrIdering an ordinance that would pertain to wetlands and flood plains. It is anticipated that the issue will be resolved at their August meeting." Kelley suggested that it may be matter in abeyance until that time. appropriate to hold the Hurr replied, "I don't believe that the City of Minnetonka Beach expects the Orono Planning Commission and Council to delay action due to issues that Minnetonka Beach is considering." Kelley advised that Orono is being asked to approve of certain land alterations within the flood plain of our City pending resolve of the filling activities within Minnetonka Beach. - 1 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1555-LANDSTAR INC. CONTINUED Mabusth asked the .lanning Commission to explai"". ar" concerns they have regarding this subdivision for the benefit the applicant. Bellows stated that one of her concerns is the proposed excavation which would occur in a wetland area. Rowlette stated that she was concerned about the lot line rearrangement that is proposed with Lafayette Ridge owners. Mabusth noted that the purpose of the lot line rearrangeme: t is to provide additional boat slips for Lafayette Ridge. In reference to the proposed excavation, Mabusth asked the Planning Commission whether they would recommend that the applicant file a separate Conditional Use Permit and Variance application. Mabusth asked, "Would the Planning Commission consider a compensating excavation in Orono’s protected wetlands/flood plain area to mitigate filling done in a protected area in another City?" Johnson asked the applicant information regarding the excavation. provide additional Mr. Rudnicki explained that the Minnehaha Creek Watershed District requires the compensation for a wetland area that is filled. Kelley asked Mr. Sandin what position the Freshwater Biological Institute has regarding the disturbance of the wetland area. Mr. Sandin replied, "I received a letter from Marty Jessen, President of the FWBI, which indicates that they have no objections to disturbance of the wetlands provided that construction does not occur." Bellows read the letter from Mr. Jessen. She said, "I do not interpret this letter to mean thac the Freshwater Foundation approves of the proposal to excavate the wetlands." Kelley asked Mr. Sandin whether Mr. Jessen has been specifically apprised of the proposal. Mr. Sandin indicated that he has provided a sketch plan to Mr. Jessen. JoEllen Hurr said, "I have talked with Mr. Jessen and I am sure that he is aware of the proposal to excavate.” Johnson asked whether the wetlands existing on the private - 2 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1555-LANDSTAR INC. CONTINUED lots will be protected. Mabusth replied, "The City of Orono will take conservation and flowage easements over the entire area where the elevation is below 931.5." Bellov/s said, "I do not approve of the proposal to excavate in a protected area within Orono, to compensate for filling that will occur within the City of Minnetonka Beach. The City of Orono does not allow excavation or filling within a lakeshore protected area." Mabusth took the opportunity to briefly review the subdivision proposal for the benefit of the public (see Jeanne Mabusth's memo dated July 12, 1990). Mr. Drew Gesell, 2755 Kelly Avenue, asked what must occur after this evening if this proposal is to be approved. Kelley explained the process required for subdivision applications. Mr. Don Schultz, 2585 Shadywood Road, said, "All of the runoff from Kelly Avenue runs to my property, under County Road 19, and drains into this property. How will the subdivision affect ray property?" Mr. Sandin replied, "Not at ail. We will not change the culvert." Mr. Gesell asked for information regarding the size of the lots and homes that will be constructed if the subdivision is approved. Mabusth reviev/ed the lot size of each of the lots located in Orono. She also provided the dry buildable areas for each lot. Kelley noted that the lots contain 2 acres of dry buildable area. He questioned whether it would be possible for each lot to subdivide further, and, if so, if anything could be done to prohibit that. Mabusth answered that it would be possible to further subdivide the lots provided the standard lot width along the roadway is maintained. She noted that placement of the principal structures will affect the ability to further subdivide. Mr. Dave Schneider, 2540 Old Beach Road, drainage does run down Old Beach Road to Lot 4. drainage will be handled beyond that point. stated that He asked how - 3 - I ; ’ ^ I ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1S55-LANDSTAR INC. CONTINUED Mabusth asked Mr. Rudnicki to address question. Mr. Schnieder’s Mr. Rudnicki replied, "Drainage behind the house pads will be handled with a cwale system that will allow the water to continue to drain into the wetlands." Mabusth stated that she had asked the applicant to provide specific drainage information at the sketch plan review and that this specific information was requested. She said, "This area is a major drainage collection basin for this neighborhood. It is important that the drainageways are protected, designated and easements taken ovc»* them." Bellows observed that the grading plan did not provide specific information regarding the cutting and filling in j^elation to grade change. Bellows also noted that the plan indicates that all spoils from the excavation will be deposited on Lot 8. Bellows informed Mr. Rudnicki that the gp^ding plan does not show where that soil will be deposited. She said that the grading plan should show not only the present grade, but the proposed grades once the project is completed. Bellows suggested tabling the application until all of the necessary information is provided, including how the City of Minnetonka Beach is going to proceed. Johnson added, "We also need in'.ormation regarding how grading that will occur for the individual house pads will affect the drainage for each lot." Mr. Rudnicki explained that it is difficult to provide such information because the size of the lots will allow a structure to be placed in a variety of locations. Johnson stated that the sketch plans do show basement elevations. He also noted that the grading plan does not indicate how drainage from the 4 existing culverts (three from Beach Road and one from Shadywood Road) will be addressed. Mabusth suggested that the Planning Commission may wish to recommend that Mr. Sandin file a separate Conditional Use Permit and variance application. She said, "The applicant is going to have to provide hardships relating to the variance in addition to a grading plan." Mr. Gesell expressed concern for traffic safety due to the increase in curb cuts resulting from this subdivision. Mr. Gesell stated that he was also concerned about how the development of this property will impact the wetlands. He said, "Most people use chemical fertilizers on their lawns. In this case, all of the chemicals will drain directly into the wetland." - 4 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1555-LANDSTAR INC. CONTINUED Kelley noted that the leeching of fertilizer is not a situation unique to this subdivision only. He stated that anyone living around Lake Minnetonka can fertilize their lawns and that it all drains into the lake. Mrs. Schneider stated that she too had concerns regarding the increased traffic on Old Beach Road. Mr. George W. Ronald, 2480 Old Beach Road, asked when information will be available regarding the size of the homes that will be constructed in this subdivision. Kelley explained that the City has no ability to regulate the size or architecture of homes that are constructed. He said that the residents can come into the City once construction begins to find out more information. He suggested that the area residents may wish to meet with the developer to discuss his intentions. There were no further comments from the public regarding this matter and Kelley continued the Public Hearing. It was moved by Bellows, seconded by Johnson, to table this application pending the receipt of a grading plan showing any and all land alterations and grading in relation to the existing culverts, in addition to the house foot prints. Further, that the disposition of the City of Minnetonka Beach regarding the filling be determined and that the applicant submit a Conditional Use Permit and variance application for the excavation proposed. Motion, Ayes-4, Nays-0, Cohen abstained. Motion carried. #1564 JOANN GRIMES 4720/4730 NORTH ARM DRIVE SUBDIVISION/LOT LINE REARRANGEMENT PUBLIC HEARING 8:17 P.M. TO 8:20 P.M. Ms. Grimes was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the information regarding this application for a lot line rearrangement (see Michael Gaffron's memo dated July 7, 1990). There were no comments from the public and the Public Hearing was closed. It was moved by Johnson, seconded by Cohen, to recommend approval of the Subdivision of a Lot Line Rearrangement for JoAnn Grimes and Jim Hoffman, 4720-4730 Worth Arm Drive West. Motion, Ayes-5, Nays-0. Motion carried. - 5 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 #1536 STEVE GARDINER 3770 BAYSIDE ROAD VACATION-VARIANCES CONTINUATION OF PUBLIC HEARING 7:47 P.M Mr. Gardiner was present. TO 7:50 P.M Gaffron briefly explained the revision Mr. Gardiner is proposing to his initial plan (see Michael Gaffron's memo dated July 12, 1990). He suggested that the issue of the alley vacation be separate from the variance application. Bellows asked for clarification regarding the additional floor space that will be added to the second floor. Gaffron showed a sketch of the addition and noted that one side will remain open to the living room. Bellows stated that there should be specific language requiring that the open space remain as such. There were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Kelley, seconded by Cohen, to recommend approval of the side setback variance for Steve Gardiner, 3770 Bayside Road. Bellows asked Kelley whether he wished to include a recommendation that the resolution require that the addition be constructed as proposed with the open .space to the living room. Kelley amended his motion, Cohen seconded. Motion, Ayes-5, Nays-0. Motion carried. With regard to the alley vacation, Kelley asked, "If the alley is vacated, how will the City respond to the location of Mr. Gardiner's garage?" Gaffron replied, "The alley is public property now in the sense that the easement provides for public access. If the easement is vacated, it reverts back entirely to the fee owners and would then be private property." Mr. Gardiner provided the Planning Commission with the history of the garage/alley situation. He noted that he has been trying to solve the problem by ask. ng for the consent of the neighbors. Mr. Gardiner stated that he hcts been unable to obtain any response from his neighbors. - 6 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 #1551 ROBERT WAAOE 998 WILDHURST TRAIL PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 7:55 P.M, TO 8:15 P.M. Mr. and Mrs. Waade were present. Mabusth provided a review of the information regarding this subdivision (see Jeanne Mabusth's memo dated July 10, 1990). Mabusth noted that the City is now asking the property owners abutting the existing sewer line to consider granting the City a utility easement She stated that the City has concerns regarding the road design because it terminates at the property line of a new lot and will not allow adequate area for snow maintenance and sewer lines that are located out of the right-of-way. She said that the City will also ask for 5'to 8' of easement to cover snow maintenance needs and access to sewer lines. Ms. Barbara Kosch asked whether it would be possible to have all other utilities installed along the south side of v.’ildhurst Trail. Kelley asked whether it would be appropriJtte fo~ the City to require that electric, gas, etc. be located along the south side of the road. Mabusth replied that though it has not been done before, this situation is unusual in that the existing neighboring property owners are being asked to dedicate property for road and utility easements. Mr. Waade pointed out that the utility lines would have to go through the wetlands if they are placed on the south side. One of the neighbors indicated that currently the underground phone and cable lines are located along the south side of Wildhurst Trail. Mr. Waade indicated that he would have no objections to placing the utilities along the south side. Kelley said, "In light of on-going problem we seem to have with creeping hardcover percentages, I would like the resolution to include language that would prohibit any of these new houses from being granted hardcover variances in the future." Mabusth noted that the applicant’s engineer is being asked to include hardcover percentages for each lot on the grading plan. She said that maximum hardcover percentages will be recorded for each lot. Mr. Chris Morgart asked how far north the width of the road will extend. - 7 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1551-WAADE CONTINUED Mabusth replied that the developer does not intend to extend the road any further north than it is presently. Ms. Kosch stated that Nancy Carlsfn had expressed concerns regarding drainage across her property. Mabusth said that though she was not previously av/are of Ms. Carlson's concerns, she would have the developer review these concerns. Rowlette stated that she had walked the property and could not see how the third house will be constructed due to the steep slopes of the land directly adjacent to a flood plain area. Mr. Rudnicki said that the area will be filled somewhat and that retaining v/alls will be used to minimize the amount of fill required. Mabusth asked Mr. Rudnicki how high the retaining walls are proposed to be. Mr. Rudnicki estimated that the retaining walls will be approximately 7' to 9'. There were no additional comments from the public and the Public Hearing was closed. It was moved by Cohen, seconded by Johnson, to recommend approval of the Preliminary Subdivision for Robert V7aade, as well as the lot width variances required for Lots 1 and 2, subject to staff conditions 1 through 7. Motion, Ayes-5, Nays-0. Motion carried. #1553 MICHAEL PIERCE 480 DEBORAH DRIVE VARIANCE PUBLIC HEARING 8:20 P.M. TO 8:25 P.K. Mr. Pierce was present for this Public Hearing. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth asked Mr. Pierce how far from the road will the monuments be located. road. Mr. Pierce replied that the monuments will be 30' from the Mr. Bob Biesterfcld, 450 Deborah Drive, stated that the Deborah Drive Homeowner’s Association has submitted a letter in opposition to this proposal. - 8 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1553-PIERCE CONTINUED Ms. Johanna Heggelman asked v/hether the City had specific requirements as to hov/ far from the property line the monuments must be located. Mabusth replied that the monuments would be considered accessory structures, and as such, must be 10' from the lot line. There were no additional public comments and the Public Hearing was closed. Kelley stated that he has consistently recommended denial of driveway monuments and would not vote differently this evening. Mr. Biesterfeld stated that allowing 7' monuments at this time may facilitate a future request for a 7' fence. He said that having a 7' fence along his property line would decrease the value of his property. Ms. Heggelman did not like the aspect of viewing a 7' high monument from her house. Rowlette noted that Mr. Pierce's house sits far back from the road in the woods. She asked why the lights on the monuments are necessary. Mr. Pierce replied that there are no street lights and the monument lights will help to define his driveway at night. Johnson asked Mr. Pierce wl.e'-her he had given any consideration to reducing the size of the monuments. Mr. Pierce stated that monuments the size he is proposing are not uncommon in Orono. He also noted that he intended to plant white pines behind the monuments to screen them from the neighbors. Rowlette stated that she did not favor Mr. Pierce's proposal. She said that these monuments impact the neighbors more than other monuments she has seen in Orono. Johnson indicated that he has been inclined to look favorably on driveway monuments unless there is public concern. He said in this case the neighbors have made their views known and they oppose the proposal. Bellows concurred with the comments made by Rowlette and Johnson. She stated that the posts are massive and solid in appearance, rather than being a simple post. Cohen noted that should Mr. Pierce revise his plan to construct monuments no more than 3*}' , he would not need a - 9 “ ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1553-PIERCE CONTINUED variance. He believed that 3^' posts v/ould serve to define the driveway equally as well as 7' posts v/ill. There were no additional comments from the public and the Public Hearing was closed. It was moved by Kelley, seconded by Bellows, to recommend denial of the height and street setback variances tc construct monuments at 480 Deborah Drive, due to a lack of hardship. Motion, Ayes-5, Nays-0. Motion carried. #1554 TIMOTHY GRAMENTZ 4680 NORTH AR!4 DRIVE VARIANCE PUBLIC HEARING 10:38 P.M. TO 10:39 P.M. It was moved by Kelley, seconded by Cohen, to table this application until the applicant and/or a representative are present. Motion, Ayes-5, Nays-0. Motion carried. #1556 GERALD NELSON 1629 BOHNS POINT ROAD VARIANCE PUBLIC HEARING 8:30 P.M. TO 8:37 P.M. Mr. and Mrs. Nelson were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed his memo dated July 9, 1990 pertaining to this application. Mr. Nelson explained that the excess hardcover areas v;ere installed prior to his purchase of the property. He said, "We v/ere given a Certificate of Occupancy in 1987 when we purchased the property. At that time, the City did not advise us that hardcover exceeded whc. c had been allowed by a previous resolution. It is odd that the City approved a 3-car garage for this property when it v;as not possible to construct a driveway large enough to serve all three stalls. Also, in order to stay within the confines of allov/ed hardcover, it would not be possible to have a front walkway or steps. I do not understand what happened in 1985 when the house was constructed. Vie do need additional storage area because we do not have a basement." Rowlette statea that she would find it difficult to hold the Nelsons responsible for v.he builder's violations. She also said that the driveway and sidewalks that now exist are appropriate for the house and that it is hard to find areas that could be removed. She noted that the hardcover calculations presented do not include the landscaping around the house. Rowlette stated that she had looked at the landscaping on the north side of the - 10 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1556-NELSON CONTINUED house and fiber glass exists under the rock. There v;ere no comments from the public regarding this matter and the Public Hearing v/as closed. Bellows sympathized with the property owners, but found it difficult to approve an increase of the hardcover on this property. It v/as moved by Bellows, seconded by Johnson, to recommend denial of application #1556, due to a lack of hardship and the fact that there is presently excessive hardcover on this property. Motion, Ayes-3, Cohen, Rowletce, Nay. Motion carried. #1557 MIKE CULLEN 2700 PHEASANT ROAD VARIANCE PUBLIC HEARING 8:42 P.H. TO 8:45 P.M. Mr. Greg Peterson, of Peterso.i Pools, was present on behalf of the applicant. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron summarized the information presented in his memo dated July 10, 1990 regarding this application. Kelley asked how much hardcover v/ould exist if the landscaping plastic is not removed. Kelley believed that the plastic may be removed nov;, but would be put back again in the future. Gaffron stated that the rock and plastic are approximately 1430 s.f. He said 1% of hardcover in this area is equivalent to 200 s.f. and would mean an increase of 7% to 34% in the 75-250' zone. Cohen referred to the letter that had been received from Mr. Cullen's neighbor, Sarah Dale expressing her support for the project. Johnson asked whether the water surface of the pool is now considered to be hardcover. Gaffron stated that it has been a consistent policy of the City to consider only the patio around a pool as hardcover. There were no comments from the public and che Public Hearing was closed. It v/as moved by Johnson, seconded by Rowlette, to recommend - 11 - ORONO PLANNING COMMISSION MELTING HELD JULY 16, 1990 ZONING FILE #1557-CULLEN CONTINUED approval of the hardcover and average setback variances to construct a pool. Plastic is to be removed, reducing hardcover in the 75-250' zone to 26.3%. Motion, Ayes-3, Kelley, Nay, Cohen abstained. Motion carried. #1559 AND #1560 JOHN « ROBERTA HENRICH 4125 HIGHHOOD ROAD VARIANCE/CONDITIONAL USE PERMIT PUBLIC HEARING 8:49 P.M. TO 9:07 P.M. Mr. and Mrs. Henrich were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron reviewed the information regarding application #1559 (see Michael Gaffron's memo dated July 12, 1990). Mr, Henrich advised Gaffron that he did not intend to turn the area between areas "F" and "G" (see Exhibit F) into hardcover. Kelley asked Mr. Henrich whether he would consider a recommendation that would require him to maintain the percent of hardcover at 43.6. Rowlette asked why the access to the garage is not direct rather tlian how it is proposed through areas "G", "D” and "F". Mr. Henrich explained that he wishes to maintain a storage area under the garage and to do so, must access it from that side. Kelley asked Mr. Hsnrich whether he could remove portions of area M r\ M said, "It is difficult for me to consider additional hardcover on this property when there is such a large blacktopped area." Johnson, Bellows, Cohen and Rowlette indicated that they concurred with Kelley. Mr. Henrich stated that he would be willing to keep hardcover at a maximum of 43.6% and would reduce the garage to 750 s.f. to eliminate the need for a street setback variance. Rowlette questioned whether the lot combination must occur prior to a building permit being issued. Gaffron advised that the lot combination must occur first. He said, "All hardcover calculations are based on the lots being combined, and the garage must end up on a lot containing a principal structure." - 12 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 SdNING FILES #1559 & 11560-HENRICH CONTINUED Tl-sre were no conunents from the public regarding application #1559 and Kelley closed the Public Hearing. It was moved by Johnson, seconded by Kelley, to recommend approval of the hardcover variance to construct a detached garage no larger than 750 s.f., as well as additions to the existing residence, provided that hardcover in the 75-250' zone remain at 43.6%. It is further recommended that the lakeshore setback variance be approved. Kelley advised the Henrichs that should they intend to put landscaping plastic and rock anywhere on the property, it will be necessary to remove hardcover from elsewhere on the property. Motion, Ayes-5, Nays-0. Motion passed. Kelley opened the Public Hearing for application #1560. Gaffron noted that the issue of whether one or two retaining walls is necessary has yet to be determined by the City Engineer. Kelley stated that he is indifferent as to whether or not hardcover should be reduced as long ai. the retaining walls are constructed to provide maximum safety and erosion control. There were no public comments and the Public Hearing was continued. It v/as moved by Kelley, seconded by Rowlette, to table application #1560. Motion, Ayes-5, Nays-0. Motion carried. #1561 CHRISTINE BECK 3820 CHERRY AVENUE VARIANCE PUBLIC HEARING 10:38 P.M. TO 10:39 P.M. It was moved by Kelley, seconded by Cohen, to table this item until the applicant and/or a representative are present. Motion, Ayes-5, Nays-0. Motion carried. #1563 MAURENE A JERRY DENZEL 1295 ELMWOOD AVENUE VARIANCES PUBLIC HEARING 9:07 P.M. TO 9:20 P.M. Mr. and Mrs. Denzel were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth summarized the information in her memo dated July 13, 1990 pertaining to this application. Kelley noted that the 1.49% increase in hardcover is mainly due to the relocation of the garage for safety purposes. Kelley asked whether the hardcover calculations include landscaping. - 13 - I' ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1563-DENZEL CONTINUED Mabusth replied that the only areas not included in the hardcover calculations are the overhang and the cement wall along the property line. Mabusth also noted that the applicants have restored and continue to maintain the City's unimproved right- of-way. Rowlette noted that there are other areas of the City's right-of-way that have not been attended to. She asked whether there is anything that can be done. Mabusth stated tnat though the property is located in the road right-of-way, it is usually the responsibility of the property owner to maintain it. Mabusth said that this area is unique and that the problem may warrant City staff to look further at the situation. Kelley asked Mr. and Mrs. Denzel if they could maintain the hardcover percentage as it is currently. Mrs. Denzel replied that they have discussed that possibility and have been unable to find removable hardcover. She stated that part of the rock wall along the property line can be removed, though it has not been determined how much must remain to control erosion. Kelley asked whether it would be possible for the City to vacate the fire lane. Mabusth was uncertain, but did not believe that would be an option. Kelley stated that the fire lane should be credited to the Denzel's property because they have improved ana maintain it. There were no public comments and the Puclic Hearing was closed. It was moved by Kelley, seconded by Bellows, to recommend approval of the average lakeshore setback, side setback and hardcover variances to construct additions to the existing residence and relocate a detached garage. Kelley noted that he views the fire lane as an extension of the property and the increase in hardcover is justified by the increased safety provided by relocating the garage. Motion, Ayes-4, Cohen, Nay. Motion carried. Cohen believed that hardcover should be kept at the existing percent. - 14 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 #1565 LEESA a RICHARD ANDERSON 3205 CRYSTAL BAY ROAD AFTER-THE-FACT VARIANCES PUBLIC HEARING 9:21 P.M, TO 9:50 P.M. Mr. Anderson was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron briefly reviewed the information regarding this application (see Michael Gaffron's memo dated July 13, 1990). Gaffron noted that Mr. Anderson has a comprehensive landscape plan for the property which indicates it will result in a net decrease of hardcover to 31.7% in the 75-250'. However, there is fabric proposed under the rockbeds which must be included in the hardcover calculation, resulting in 36.3%. Kelley noted that neither of the structures on this property have a garage. Gaffron stated that there is no garage and showed v/here the parking areas are located on the property. He said, "The rear parking area abuts the Dakota Rail right-of-way. If I am not mistaken, Dakota Rail has begun the process of re-claiming its right-of-way areas within the City of Minnetonka Beach." Councilmember Callahan stated that he too had heard of Dakota Rail's reclamation of their right-of-way areas. He said that it may result in the inability of persons living on Crystal Bay Road to access their properties from the rear. Kelley asked Mr. Anderson if anyone is currently ’•^nting the other house structure. Mr. Anderson replied that the other structure is used for an office and storage area. Kelley questioned whether the office use may warrant the reed to have Mr. Anderson apply for a home occupation license. Gaffron replied that he that and Mr. Anderson have discussed the potential need for a Conditional Use Permit for the guest house. He said that this was the first he had heard of the structure being used for an office. Mr. Anderson stated that he manages the Wayzata Yacht Club and that he takes phone calls at his home oft ice. He said that he does not have people coming and going. Bellows asked Gaffron whether he had received the information regarding the elevations for the sun porch as he requested from Mr. Anderson. • . - 15 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING PILE #1565-RICHARD ANDERSON CONTINUED Gaffron replied negatively, noting that he was also concerned about grading and drainage in this area and questioned whether retaining walls would be constructed in the rear yard. Gaffron noted that Mr. Anderson's landscape architect had not shown retaining walls on the plan submitted, and it is assumed that the property will be graded smooth. Mr. Anderson said, "This plan is very preliminary. Mike suggested that I have a comprehensive plan drawn to shov/ all of the improvements I intend to make and how hardcover v/ill be affected." Kelley asked Mr. Anderson why he had not come forward with his application prior to this time. Mr. Anderson replied, "I don't know. One of the reasons is that the application fee is $350.00. I also had difficulty in getting the hardcover calculations completed the way the City asked them to be. The landscape plan also took some time to prepare." Mr. Timothy Schupp, 3215 Crystal Bay Road, stated that he has a small lot and that his house more than likely does not meet the current side setbacks. He expressed concern regarding encroachment of Mr. Anderson's decks into the the side setback area. Bellows asked what specifically it is that Mr. Anderson is asking the City tc approve. Gaffron stated that in addition to the after-the-fact deck, Mr. Anderson is planning to construct a future three season porch, screen porch, and to add on to an existing deck. Bellows stated that there was not sufficient documentation to address anything but the after-the-fact variance for the deck. Rowlette stated that the portion of the deck on the side of the property is very wide. Kelley asked hov/ much hardcover would exist on the property if the deck were removed. Gatfron stated that hardcover would be approximately 42.6%. Rowlette asked how wide the deck would be along the side if it were re-constructed to meet the 10' setback. Gaffron stated that the house is located more than 10' from the lot line. He said if the deck is lowered so that a railing is not needed, the deck can be located 2' from the lot line. - 16 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1565-RICHARD ANDERSON CONTINUED Johnson suggested that the applicant be required to meet the 10' side setback and that he reduce hardcover to the percentage ' existed prior to the deck being constructed. Gaffron stated that the City has no definite record of the hardcover that existed prior to the deck being constructed. Mr. Anderson stated that he has pictures of the property. Johnson also advised Mr. Anderson that the normal application fee at the time of his deck construction was $150.00. He said that it is now $350.00 because of his failure to obtain a permit. Mr. Anderson stated that he had previously constructed a deck without being required to obtain a permit. He reiterated his explanation for why he v/as presenting a comprehensive plan for the property at this time. Kelley indicated that the Planning Commission would consider the other structures in the plan when Mr. Anderson was ready to proceed with the project. Mr. Anderson stated that he is ready to proceed with the plan and that hardcover on the property would be reduced to 31.7%. Gaffron suggested that the Planning Commission could exclude the three season porch and deck additions from consideration at this time. He said that Mr. Anderson would have to come back to the City if the future structures require variances. He stated that the Planning Commission could recommend a certain hardcover percent that must be maintained and allow staff to work v/ith Mr. Anderson to work within that. Gaffron stated that it is difficult to separate the various hardcover issues involved with this property and that a comprehensive site plan may be the most appropriate means to resolving the issues. Bellows said Lrat Gafiron's proposal was fair, but that Mr. Anderson had not submitted all of the information that he was asked to provide. There were no additional comments from the public and Kelley continued the Public Hearing. It was moved by Johnson to reconunerd that the deck conform tc the side setback variance by either reducing the width of deck, which would require railings to be placed on the portions exceeding 30", or lowering the deck. It is further recommended that hardcover on the property be reduced to 42.6% which existed prior to the deck being constructed. Gaffron noted that due to - 17 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1565-RICHARD ANDERSON CONTINUED the proximity of the neighboring property, Mr. Anderson cannot opt to increase the grade under the deck. After some discussion of the ramifications of asking Mr. Anderson to bring the deck into conformance, Johnson withdrew his motion. It was moved application #1565. Motion carried. by Johnson, seconded by Kelley, to table Motion, Ayes-3, Cohen, Rowlette, Nays. 11566 DR. & MRS. THOMAS REGNIER 1205 ELMWOOD AVENUE VARIANCE PUBLIC HEARING 9:55 P.M. TO 10:02 P.M. Dr. and Mrs. Regnier and Mr. Dale Mulfinger, Architect, were present. Gaffron explained the proposal being presented (see Michael Gaffron's memo dated July 10, 1990). Mr. Mulfinger stated that the plan proposed this evening will make the most of the existing layout of the house. Rowlette asked whether a floor plan had been submitted with the application. Mrs, Regnier provided a copy of the floor plan. Kelley asked Gaffron whether staff had been able to verify that the surveyor had included all existing hardcover in the calculations provided. Kelley noted that the information indicates that there is no hardcover on the north side of the property. Rowlette noted that there is a fenced area on the north side of the garage that does not show on the plans. Gaffron replied that he has reviewed the surveyor's calculations but did not take the time at the site to verify each item shown. Gaffron stated that due to the bulk of applications, staff no longer can spend a great amount of time re-checking surveyor's hardcover calculations. Especially when those calculations use standard City forms and appear complete. He said that the City is going to have to rely more on the applicants and their surveyors to provide accurate information. Rowlette asked the applicants if they would removing the fencing on the north side of the garage, noted that there is a section of fence missing. consider She also Dr. and Mrs, Regnier indicated that they do not use the fenced area and would consider removing it. - 18 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 ZONING FILE #1566-REGNIER CONTINUED There were no comments from the public and the Public Hearing was closed. Rowlette reiterated her suggestion to have the one portion of fencing removed and the other section filled in. She also suggested that plantings be placed along the road where the addition will be located to lessen the visual impact. Rowlette agreed that the proposed location of the addition is the most logical. It was moved by Bellows* seconded by Rowlette, to recommend approval of the side street setback variance to construct additions to an existing residence, provided that hardcover is maintained at or below 25% and that the fence along the north side of the garage be removed "nd plantings be placed to screen the addition from the street. Motion, Ayes-5, Nays-0. Motion carried. #1567 ROBERT a LOUANN POWELL 2916 CASCO POINT ROAD VARIANCE PUBLIC HEARING 10:08 P.M. TO 10:12 P.M. The applicants' contractor was present on their behalf. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron summarized the information in his memo dated July 12, 1990 pertaining to this application. He noted that one of the applicants' neighbors had contacted him and expressed concern regarding the boat canopy and other issues unrelated to the deck. Rowlette stated that the configuration of the deck seemed odd in relation to the existing patio and tree. Applicants' contractor stated that the applicants preferred to have the tree located in the middle of the deck. He also said that the proposed configuration will allow more light into the lower level of the house. There were no public comments pertaining to this application and the Public Hearing was closed. It was moved by Kelle'^, seconded by Bellows, to recommend that hardcover remain at 4i.8%. Motion, Ayes-5, Nays-0. Motion carried. It was moved by Kelley, seconded by Cohen, to recommend approval of the average lakeshore setback variance of 13 feet. Motion, Ayes-5, Nays-0. Motion carried. - 19 - I ’ ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 #1568 JAMES & JUDITH PIERPONT 1801 WEST FARM ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 10:15 P.M. TO 10:23 P.M. Mr. Pierpont was present for this Public Hearing. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth reviewed the information presented in her July 11, 1990 memo regarding this application. Mabusth informed Mr. Pierpont that she has recently been advised that there are no footings under the stable. Bellows stated that in her opinion, if there are footings, she would recommend that the structures either relocated or re-constructed to meet the required setback. no be Mr. Pierpont stated that he would have no problem moving the structures one foot to conform to the street setback. However, it would be impossible to move them 30' to conform to the side setback. Bellows indicated that it may be possible to establish a side setback that would be a compromise. Rowlette stated that she does not object to the present location of the structures because of the existing screening and support for the proposal expressed by the neighbor. Kelley stated that until it is confirmed that there are or are not any footings, the matter should be tabled. Mabusth suggested that the Planning Commission may wish to give Mr. Pierpont some direction in the event footings are not found to exist. Mr. Pierpont questioned whether he structures and put a foundation beneath them. could raise the There were no public comments regarding this matter and the Public Hearing was closed. It was moved by Cohen, seconded by Kelley, to recommend approval of the Conditional Use Permit and setback variances to convert a stable into a guest house and attacn it to an existing garage. The structures will have no negative impact on the neighbor and the hardship is the lack of area adequate to relocate them. If no footings are found to exist, the applicant may raise the structures and place a foundation beneath them without having to relocate them. Motion, Ayes-5, Nays-0. Motion carried. - 20 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 11569 SAM MCCLOUD 4280 BAYSIDE ROAD VARIANCE PUBLIC HEARING 10:25 P.M. TO 10:37 P.M. Mr. Neil Weber, Architect for the McClouds, their behalf. was present on The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth summarized the pertinent information relating to this application. She noted that staff has received the result of septic testing, indicating that there is adequate and suitable soils to support two mound systems to serve an eight bedroom home. Mabusth stated that eight bedrooms is the maximum capacity allowed for a mound s iptic system. Mabusth said that she has asked Gaffron whether it would be appropriate to have two mound septic systems constructed to serve this 10 bedroom house. Kelley asked where the water from the indoor pool would be drained when it was necessary to do so. Mabusth stated that the oool cannot be drained into the septic system. Gaffron stated that Kelley's question would apply to every swimming pool that has been constructed in the City of Orono and assumed that pools are drained onto the lawn. Bellows questioned whether the Planning Commission should consider access into the house in relation to the "servant's quarters" and the potential guest apartment use. Mabusth replied that in this case, there is no kitchen provided for this area of the house. She noted that the applicants have been placed on notice that should a kitchen be installed in the future a conditional use permit will be required. Mr. Weber explained that the purpose of this area is to provide living space for the extended family and any live-in help that the McClouds may employ. With respect to the septic systems, Mr. Weber said, "We don't believe that we would exceed the 1200 gallons/eight bedroom capacity for one system. We are suggesting thac such a limit be part of the approval of this application. The McClouds would be willing to have a meter to monitor the use." Gaffron replied that the issue is whether to consider that there will always be one person per bedroom or potentially two. Septic system standard design criteria are based on two persons per bedroom. - 21 - ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990 1 ZONING FILE #1569*MCCLOUD CONTINUED Kelley noted that a house such as this will lend itself well to entertainment. He did not believe that they should deviate from the criteria provided in the Septic Code. Bellows suggested that two systems would be appropriate and that each system would not have to be designed to handle the maximum capacity. Mr. L’eber stated that he would be willing to work with Mike to meet whatever septic requirements are necessary. Kelley asked whether any concerns have been expressed by Mr. Parten. Mr. Weber indicated that he has talked with Mr. Parten and he indicatfid that he did not oppose the proposal. Mr. Weber also noted that the retaining wall will not be 12', but will be approximately 5' to 6'. 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 front and street setback variances to construct a new residence for Sam and Kelly McCloud. The hardships are the elevations of the property and the location of mature oak trees. The septic issues must be addressed prior to the review of this application by Council. Motion, Ayes-5, Nays-0. Motion carried. APPROVAL OF MINUTES-JUNE 18, 1990 PLANNING COMMISSION MEETING It was moved by Cohen, seconded by Kelley, to approve the minutes of the June 18, 1990 Regular Planning Commission Meeting. iMotion, Ayes-5, Nays-0. Motion carried. PLANNING COMMISSION REPRESENTATIVE It was agreed that Planning Commissioner attend the August 13, 1990 Council Meeting. Bellows would ADJOURNMENT 10:40 P.H. It was moved by Chairman Kelley, seconded by Cohen, to adjourn the July 16, 1990 Planning Commission Meeting. Motion, Ayes-5, Nays-0. Motion carried. - 22 -