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HomeMy WebLinkAbout08-20-1990 Planning MinutesMINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ATTENDANCE 7:00 P.M. The Orono Planning Commission met on the above date with the following members present: Planning Commission Vice Chair Maureen Bellows, and Planning Commission Members Jeffrey Johnson, Jim Hanson, Candace Rowlette and Sara Moos. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Plcinning and Zoning Administrator Gaffron, and City Recorder Scheffler. Council Representative Peterson was also present. #1573 CAROL KELLY/JAMES MASSEY 3020/3030 CASCO POINT ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 P.M. TO 7:15 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Kelly, Mr. Bill Clark. Realtor, and Mr. Bob Smith, Surveyor, were present. Zoning Administrator Mabusth noted that Planning Commission had previously reviewed an application for this property. She said, "The same issues exist in this application, except that now the subdivision involves a riparian lot and an average lakeshore setback line must now be considered. The drainageway will now be realigned along the shared lot line. The City is asking that the drainage ditch within the 0-75' setback area remain as is, rather than being adjusted. Major excavation would be required to relocate the drainageway and we would prefer that not occur. City Staff is asking the applicant to confirm that everything to the wast of the drainageway is a dry, contiguous building envelope. The applicant has maintained 100' width at the 75' setback line and to the rear of the front yard setback line." Bellows asked what criteria is used by the LMCD for dock approval. Mabus-th replied. "The LMCD uses lineal footage per slip. Lot 2 will have approximately 75 to 85 lineal feet of shoreline. Based on LMCD standards, one boat slip would probably be allowed -" Bellows said, "The shoreline area for Lot 2 appears more like a marsh. I am concerned about creating and selling that lot as a lakeshore lot. The property owner may request an extended walkway to access the dock." Mabusth replied. "During the dry spell, there was very little riparian use of properties on Casco Cove. There v/as a major dredging project approved for Casco Cove." - 1 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1573-KELLY/MASSEY CONTINUED Ms. Kelly added, "This year the residents were able to put their docks in, last year we could not." Bellows suggested that something be filed in the chain of title stating that it may not be possible to attain the proper variances to utilize the riparian rights of Lot 2. She said, "There has been an increase in the number of applicants that purchased property in Orono, not realizing the limitations. If someone purchases Lot 2 as a riparian lot, they will feel they have the right to do whatever is necessary to access the lake. Can the Planning Commission recommend to Council, should they approve this subdivision, that they incorporate such a notice in a resolution?" Mabusth advised that such appropriate. recommendation would be Ms. Kelly asked whether such a notice would affect her property and her ability to put in her dock. Bellows replied, "This would only apply to Lot 2 and would not limit your use of your property. The notice does not mean that a variance could not be granted, it is merely a warning that a variance is required." Mabusth notad that Lot 3 v;ill have to meet the new setbacks from the newly defined lot line when installing a dock next year. It was observed that the current dock on the Hoffman property appear close to the new lot line. Johnson asked, "Staff is recommending that the lot line be rearranged to provide adequate dry, contiguous land?" Mabusth replied, "That is correct. It does not matter where the lot lines are adjusted as long as the 100' width is maintained at the rear of the front yard setback line and the 75* setback line for all lots." Tnere were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Johnson, seconded by Moos, to recommend approval of application #1573, for a preliminary subdivision, in accordance with staff recommendations 1 to 5, and that a notice to future owners of Lot 2 is included in the resolution regarding the need for a variance for any structure that would be used to access the dock. Mr. Smith asked whether the Planning Commission accepted the applicant’s proposal for lot width. Johnson said, "My motion accepts the lot configuration as presented." Mabusth stated that condition #3 would be excluded. Johnson amended his motion to include staff recommendations 1, 2, 4, and 5. Moos - 2 - «' ♦ [ ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1573-KELLY/MASSEY CONTINUED SGCondsd• Mabusth advised Ms. Kelly that this subdivision would be subject to the nev/ park dedication fees. Motion, Ayes-5, Nays-0. Motion carried. #1571 JOANN GRIMES/JAMES HOFFMAN 4720 NORTH ARM DRIVE WEST VACATION OF DRAINAGE AND UTILITY EASEMENTS PUBLIC HEARING 7:35 P.M. TO 7:37 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Ms. Grimes was present. Gaffron stated that the vacation of drainage and utility easements is necessary due to the recently approved lot line rearrangement. Hanson asked, "Is the City still unaware of any existing utilities within the existing easement?" Gaffron replied, "That is correct." It was moved by Hanson, seconded by Moos, to recommend approval of application #1571, vacation of drainage and utility easements at 4720/4730 North Arm Drive West. Motion, Ayes-5, Nays-0. Motion carried. #1493 CHUCK DOWNEY 2665 CASCO POINT ROAD VARIANCES REFERRAL FROM COUNCIL AND #1570 CHUCK DOWNEY CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 7:38 P.M. TO 7:57 P.M. Mr. Downey was present. Mabusth provided a review of this application, and the action previously taken by the Planning Commission and Council (see Jeanne Mabusth's memo dated August 15, 1990). She said, "The applicant is asking for your special consideration to allow him to have 48% hardcover, rather than 45% as previously approved." She asked Mr. Downey to provide staff with a sketch showing the area of hardcover that he intends to remove. Bellows noted that the after-the-fact deck must also be addressed. Mabusth said, "Staff was asked to determine where the average lakeshore setback line. We have no record of a building permit for the deck in 1982. Mr. Downey assumed that his - 3 - ihijw i<ii~ w Wfc ■ ■! im lA A Vlt ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1493/#1570-DOWNEY CONTINUED contractor had included the deck in the permit for the garage, which was constructed at the same time. The deck is in fact in front of the average lakeshore setback line." Bellows added, "Portions of the principal structure are located in front of the average lakeshore setback line." Mr. Downey stated that he has letters from the neighbors on both sides of his property indicating that they have no objections. Hanson said, "It appears to me that the deck does not obscure the neighbors' views. The standard issues that we address when looking at the average lakeshore setback, in this case are almost irrelevant." Bellows concurred with Hanson but stated that there are many other aspects of this property that must also be addressed. She asked Mabusth to proceed with the review of application #1570. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth reviewed the history of this property relating to the cause of Mr. Downey's drainage problems (see Jeanne Mabusth's memo dated August 15, 1990). She said, "I have no indication of what resulted from the litigation that occurred. The City Engineer and I looked at the property and did not see signs of severe erosion, which one would expect due to the steep slopes." Mabusth displayed the sketch showing the three-tier plan Mr. Downey is proposing. She said, "I believe that very little fill would be brought in based on the proposed elevations." Mr. Downey said, "My landscape architect has indicated to me that 40 yards of fill will be needed." Johnson asked Mabusth to show where the cuts are to be made. Mabusth indicated where cuts will be made and said. "There are already severe, exposed cuts behind the boat house that will require a retaining wall." Downey referred to the conditions and provisions set forth in Resolution #1079 (Holzer application-property to immediate south). He said, "That appears to be the final plan and it shov.« where drainage is supposed to go. If you look at the recent survey, you can see that is not occurring." Bellows said. "In my opinion, the conditioa created by the project next door should be corrected. There is no other place - 4 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1473/f1570-DOWNEY CONTINUED for runoff to go other than Mr. Downeyproperty." Mabusth replied, "I7ater has always drained down to Mr. Downey's property." Mr. Downey disagreed. He said, "The neighbor brought in a tremendous amount of fill. There was drainage onto my property, but it was not as severe as it is now since the retaining walls were removed. I know Maureen was out to look at the property. Does the Planning Commission believe there is drainage coming from the neighbor's property?" Rowlette replied, "There is no doubt about it. You can see evidence of where the water is draining and there are exposed tree roots." The other Planning Commission members concurred. Bellows said, "I am concerned about Mr. Downey's proposal to resolve the problem. I do not see that what is proposed will fix the area that has had the most severe erosion. The area by the stone path, as you are approaching the deck, is very unstable. I agree that something needs to be done, but this plan will not accomplish what you are trying to achieve." Bellows referred to the letter from the City Engineer. She said, "It is Glenn Cook’s opinion that the retaining \;all planned is in excess of what is necessary for bank stabilization. He is calling for a retaining wall along the east side of the boat house. However, he is not in favor of the other walls as shown." Mr. Downey replied, "I ar tr/i.ig to save as much money as possible and am, therefore, receptive to the City Engineer's comments. I would be happy to cut back the size of the wall. My biggest concern is the boat house. I'm afraid that erosion will move the boat house out of its present location." Bellows asked Mr. Downey how the boat house is currently being used. Mr. Downey replied. "It is being used •>=» a recreational area for my children and for a place to store water ukis, etc." Hanson said, "I am in agreement that some form of retaining walls are necessary to deal with erosion, particularly at the east wall of the boat house. I concur with Maureen that the area near the dock needs attention. However, I also agree with the comments from the City Engineer. I v/ould suggest that Mr. Downey get another assessment for resolving the problem from another source. We could table this application tor another month.” > 5 - I ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1473/#1570-DOl«JEY CONTINUED Mr. Downey said, "I was hoping to have been able to start the house remodeling by nov/. I would like to solve the drainage problem, but that could wait until spring. Council asked to see the conditional use permit before they v/ould approve the front entry proposal." Rowlette asked whether the applications could be separated. Mabusth suggested that the Planning Commission make a strong recommendation to Council that they act separately on the variance phase of the application. She said, "The Planning Commission could provide the reasons for delaying a recommendation on the conditional use permit. There is really no connection between the two applications. I v/ould suggest to Mr. Downey that he have his landscape architect meet with City staff to receive some direction. Perhaps the Planning Commission can also provide some direction as to what they would like to see." There were no comments from the public pertaining to this application and the Public Hearing was continued. It was moved by Hanson, seconded by Bellows, to recommend approval of the applicant's proposal for 48% hardcover. Hanson stated that 48% is reasonable based on the fact that the landscaping was not included in the 1982 survey by Mr. Do\;ney's contractors. Motion, Ayes-5. Nays-0. Motion carried. It was moved by Hanson, seconded by Moos, to recommend approval of the after-the-fact average lakeshore setback variance for a second story deck, conditioned on the applicant paying a double fee for the permit. Hanson based his recommendation on the fact that the second story deck does not interfere with the sight-line views of the lake for the properties on either side. Johnson believed that in light of the time that has elapsed it is appropriate to waive the double fee. Rov/lette concurred. Motion. Ayes-3, Rowlette, Johnson, Nay. f'otion carried. It was moved by Bellov/s, seconded by Hanson, to table application #1570, to allow time for Mr. Downey to v/ork with City staff and his contractor to design a minimal retaining wall system that will address the primary areas of concern. Those areas include the boat house, and the stone walk near the deck. Bellows noted that Mr. Downey will require approval to have the lakeshore stairs repaired and that should be included in his application. Johnson stated that he could not see how the three- tier plan would work and suggested that fir. Dov/ney may wish to re­ evaluate that aspect of the plan as well. Motion, Ayes-5, Nays-0. Motion carried. - 6 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 #1534 TIMOTHY GRAMENTZ 4680 NORTH ARM DRIVE VARIANCE CONTINUATION OF PUBLIC HEARING 7:23 P.M. TO 7:25 P.M. Mr. George Jones was present on behalf of Mr. Gramentz. Gaffron provided a suininary of the major issues involved in this application (see Michael Gaffron's memo dated July 7, 1990). Joi.."son said, "I went to the site and looked at the footprint of the structure. It lends itself well to having a second story above the garage." Hanson said, "It does not appear that this will have any impact on the neighbors." Bellows and Rowlette concurred with Hanson. Mr. Jones said, "This proposal v;ill enhance the property. The single story garage was awkward in appearance." There were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Hanson, seconded by Moos, to recommend approval of application #1554, a side setback variance to construct a second story over an existing garage. Motion. Ayes-5, Nays-0. Motion carried- #1555 LANDSTAR, INC. 2501 OLD BEACH ROAD PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 7:27 TO 7:34 P.M. Bellows stated that the Army Corp of Engineers has requested additional time to review this application. She said. "In light of this, the Planning Commission will take comments from anyone present this evening. We have learned that inaccurate information v/as distributed to area neighbors regarding this subdivision." Mr. Drew Gesell, 2755 Kelly Avenue, said, "I attended the previous meeting when this was discussed. I expressed concerns at that time about the impact this development will have on the wetlands. Those concerns still exist. It is difficult to imagine houses in portions of this property. Years ago, that lake was much larger than it is now. It is hard to say what will happen in the future if the property is developed." Mr. James MacKinnon, Attorney for Landstar. Inc., asked Mabusth if she could provide him v;ith the information she had learned just prior to this meeting. - 7 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE 11555-LANDSTAR CONTINUED Mabusth said, "Actually, staff is not waiting for any additional information from the Corp of Engineers, but rather your client's representative to provide direction to the surveyor to make changes to preliminary plan that reflects the Corp of Engineer's findings. Also, fill is no longer proposed in the lot on the lakeshore. There will be no need for compensatory excavation. The other issue raised by the Corn involves the wetland within the City of Orono. They feel the lar^d should be designated at a higher elevatic . This could have a major impact on the subdivision. It • as originally designated at 931.5, and the City considered it at 934. It now the responsibility of the City Engineer to determine the appropriate elevation." Bellows asked whether the DNR will reviev/ this. Ilabusth replied, "The DNR will review this in addition to the Corp of Engineers, the V^ild Life Agency, the EPA, and other agencies." Rowlette asked, "What was the outcome from the Minnetonka Beach meeting?" Mabusth replied, "The applicant did not proceed to the Minnetonka Beach Council meeting. I believe the matter was tabled." Mr. MacKinnon referred to a letter he had from the Corp of Engineers. He said, "Tha letter states that the subdivision, as proposed meets all of their requirements. In doing the site, they are hoping that they will get some cooperation from tlie developer to restrict any grading or fill in that certain area right next to the high water mark. The letter says that they do not require any change in the elevation or the high water mark. We would really like to proceed with this matter this evening." Bellows replied, "I'm afraid at this point in time that is not possible." Bellows asked whether all neighbors would be notified again of the meeting when this matter would be discussed. Mabusth stated that would be appropriate in light of the interest in this matter, and the incorrect information that has been circulated. There was no action taken on this matter. - 3 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 #1560 JOHN AND ROBERTA HENRICH 4125 HIGHWOOD ROAD CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 8:07 P.M. TO 8:20 P.M. Mr. and Mrs. Henrich v;ere present. Gaffron stated that at the last Planning Commission review, the City Engineer had requested additional information. He said, "The City 'Tngineer has been to the site to evaluate the Henrich's proposal." Gaffron summarized the information in his memo dated August 17, 1990. regarding the City Engineer's recommendation. He stated that, as with the Downey application, the Engineer believes the retaining walls proposed are excessive. Bellows said, "I had a discussion v;ith Mrs. Henrich regarding the condition of the existing stone wall. The v/all is an eye sore and because of its location, screening is not possible. There are several pieces of stone projecting from the wall which pose a safety hazard." Mr. Henrich replied, "There were comments at the last review about screening the wall and the walls appearing in a hodge­ podge manner. We are trying to improve the appearance of the property. VJe intend to remove the red rock and will try to make the view from the lake aesthetically pleasing. It is nearly impossible to do anything about the stone wall. It provides stability for the hill and actually is preventing the entire house from shifting." Bellows and Hanson indicated that they too agreed with the City Engineer's comments regarding the excessive nature of the proposed retaining walls. Johnson asked whether the Hsnrichs intended to remove rock and plastic in the area of the proposed wall to reduce hardcover percentages. Mrs. Henrich replied, "Even with the rock and plastic, the hostas that are planted used to be located nearer to the steps. They have moved approximately a one and a half feet from that location. If we remove the rock and plastic, we believe that erosion in that area would be as bad as it is on the east side beyond the stairway." Johnson stated that he too believes that what the Hsnrichs have presented will not solve their problems. Bellows asked the Henrichs whether they would prefer to have this matter tabled or action taken this evening. She said, "You have heard that three of us do not agree with what you are proposing." - 9 - I ORONO PLANNING COMf-IISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1560-HENRICH CONTINUED Mr. Henrich replied. "We have two applications before the City. We are more interested in proceeding with application #1559 than we are #1560." Bellows stated that #1559 was not on the Planning Commission agenda. Gaffron explained,- "The Planning Commission recommended approval of application #1559 at the last meeting." Bellows said, "1559 is a separate issue." Gaffron said, "The reason application #1559 was not scheduled for the last Council meeting is that we prefer to have Council see both applications at the same time." Mr. Henrich indicated that he v/ould like application #1560 tabled, but that he v^ould like #1559 to proceed to Council. Mrs. Henrich asked the Planning Commission for direction for application #1560. some Hanson said. "I do not believe that the proposed retaining walls will provide the stabilization that you need and aesthetic issues have not been considered. I'm inclined to advise you to talk to an engineer and review you proposal with the City Engineer You have a problem with a method for tying this all together." Bellows added, "It is also important that you address the issue of screening that existing stone wall." Hanson added, "There may also be safety hazards that need to be addressed with the existing v/all." Rowiette said, "I believe that the old walls and new walls need to be combined into one plan." There were no comments from the public at this time and the Public Hearing v/as continued. It was moved by Bellows, seconded by Hanson, to table application #1560. Johnson questioned whether the Henrich's in fact wanted the application tabled. He stated that it seemed that what had been proposed was \/hat they wanted to do. He said, "There has been no change from what was tabled at the last meeting." Mr. Henric i explained that the linos of communication had been crossed in that he had understood that the City Engineer would contact him to discuss the proposal. lie said, "We did not hear from the City Engineer prior to his visit to our property. Consequently, no one was home to meet with him and we were not - 10 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1560-HENRICH CONTINUED aware of his visit or recommendation. Bellows suggested that the Henrichs work with City staff to schedule a meeting with the City Engineer. Motion. Ayes-5, Nays-0. Motion carried. #1561 CHRISTINE BECK 3820 CHERRY AVENUE VARIANCE CONTINUATION OF PUBLIC HEARING 8:23 P.M. TO 8:26 P.M. Mrs. Beck and Jim Beck, her son, were present Public Hearing. for this Mabusth reviewed Mrs. Beck’s proposal for a deck and the variances required. She noted that the overhang will remain. There were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Hanson, seconded by Moos, to recommend approval of the lakeshore setback and hardcover variance to construct a deck, conditioned on the removal of 30 s.f. of hardcover from the property. The applicant should be placed on notice that no additional structural improvements can be made within the 75' setback v;ithout Council approval. Johnson asked whether the applicants were comfortable with the condition to remove 30 s.f. of hardcover. Mr. Beck stated that it would be necessary to remove the sidewalk on the side of the house. Mabusth suggested that there be no recommendation to remove hardcover, because the sidewalks are used by Mrs. Beck. She noted that Mrs. Beck had previously removed a large boat house structure. Hanson amended his motion to exclude the condition of removing hardcover. Moos seconded. Motion, Ayes-5, Nays-0. Motion carried. #1565 LEESA AND RICHARD ANDERSON 3205 CRYSTAL BAY ROAD AFTER-THE-FACT VARIANCE CONTINUATION OF PUBLIC HEARING 8:28 P.M Mr. Anderson was oresent. TO 8:45 P.M, Gaffron said, "When this was last reviewed, the Planning Commission asked staff to determine the pre-existing hardcover percent, as well a.s other information. The existing deck covers a pre-existing concrete patio that was 8’ wide. There were patio blocks behind the rear door that were removed. Pre-existing hardcover was approximately 47.9%, and 47.3% now exists. The applicant is suggesting that a new landscape plan, combined with what now exists, would result in a net reduction of hardcover to 31.7%. Staff has not yet received any plans for a retaining wall system or the future three season porch or docks. The applicant is requesting that the Planning Commission set some limitation on the hardcover percent so that he can bring that percent back to - 11 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1565-RICHARD ANDERSON CONTINUED his landscape architect to conplete the plan." Bellows asked Gaffron whether staff is content to only have one of the four items of information requested. Gaffron stated that only two of the four items have not been received. He said, "One of the other information items requested involved Mr. Anderson's proposal to bring the side deck into conformance. Mr. Anderson has indicated that he v/ill lower the appropriate portion of deck so that a railing v/ill not be required and that it may exist within 2’ of the property line. This would create a two level deck." Bellows said, "There is an after-the-fact condition that exists. I am concerned about recommending approval to address the deck v/ithout having a firm master plan. My recommendation for this matter this evening would be to discuss some acceptable levels of hardcover for this property, but then table the application." Mr. Anderson said. "It was my understanding that dealing with the deck and providing the pre-existing hardcover percent were the two important requests. I have provided that information. I would now like to have the Planning Commission provide me with a hardcover percent that will be acceptable and then I can work with that number in developing my master plan. The master plan will include details of the sunroom and the screen porch." Bellows asked Mr. Anderson if he could in fact achieve 31.7% as he had first indicated with the master plan. Mr. Anderson replied, "The master plan does not include retaining walls, which I believe are necessary. I don’t think I can achieve 31.7%." Hanson suggested that 36% would be a compromise between the pre-existing 48% and the desired 25%. Mr. Anderson said, "I would like a number that \/ill give me some flexibility." Bellows said, "You are coming up against what is our real problem. You are supposed to come before the Planning Commission with a plan that you wish to have approved, which includes an accurate hardcover percentage. I believe that you have been given sufficient direction from us. I am reluctant to hold you to a hardcover number that comes from nothing. I will ask the Planning Commission to give their opinions on what they believe should be the maximum percent for hardcover." - 12 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE 11565-RICHARD ANDERSON CONTINUED Bellows asked Gaffron to estimate the walls that may be needed. size of retaining Gaffron replied, "1 would estimate that there may need to be two retaining walls one foot wide by 50 to 75 feet long. That would 150 s.f., which would add two to five percent. Mr. Anderson said, "If the City can live with the deck as it is until I can provide a master plan, I have no problem with that. I assumed that the City would like to have the deck corrected." Bellows said, "We are asking you to correct the deck and come up with a specific plan." Johnson said, "I think that 31.7% is very appealing, but I don't know how realistic it is. The plan that has been presented this evening is the same plan presented at the last meeting. I don’t understand what the applicant wants us to do. The applicant stated that the plan is very preliminary." Mr, Anderson asked v;hat step he is to take next if he is to proceed v/ith this plan. Hanson replied, "You need to provide a plan showing exactly what you intend to do." Bellows said, "I believe that has been made very clear to the applicant. The only reason we are polling the Planning Commission for hardcover numbers is to provide some reasonable number. v;e don't v/ant Mr. Anderson to think that we are going to allow 48% of hardcover to exist." Moos stated that she would agree to split the difference between pre-existing and desired as proposed by Hanson. She said, "I don't want to say a specific number because I would like to see what the applicant needs to accomplish his plan." Rowlette concurred with Moos. Hanson replied. "We are talking off the top of our heads as to what may be needed. I too would like to see a final master plan. There were no comments from the public regarding this application and the Public Hearing was continued. It was moved by Hanson, seconded by Hanson, to table application #1505 until such time that the applicant presents his landscape plan to the City and meets information requirements 1 through 4 as discussed. Johnson stated that he would prefer to - X 3 - ORONO PLAUNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1565-RICHARD ANDERSON CONTINUED have action taken on the deck at this time. Bellows stated that a recommendation cannot be made for the deck until Mr, Anderson presents a plan showing specifically how he intends to bring it into conformance. Rowlette agreed with Johnson in that it could take Mr. Anderson years to provide a master plan and correct the deck. Hanson amended his motion to include a condition that the decK must be corrected by August 30, 1990. Moos seconded. Gaffron asked whether the intent of the amendment is to approve hardcover variances. Hanson replied, "No, my intent is to remove a safety hazard." Johnson believed that sufficient information existed to approve a hardcover percent for the deck. Motion, Ayes“4, Johnson, Nay. Motion carried. #1572 GUENTHER AND GERTRUD NOELTING 1060 TONKAWA ROAD CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 8:47 P.M. TO 8:48 P.M. The Affidavit of Publication and Certificate of riailing v;ere duly noted. Mr. and Mrs. Noelting were present. Mr. Neil Weber, the Woelting's Architect, was also present. .'labusth summarized the information presented in her memo dated August 16, 1990. Mabusth said, "I have explained the City's position regarding the height of the dock. At its present height it appears more as a deck than a dock. The dock should be lowered to conform more to the height of the dock sections extending into the lake." Mr. Waber stated that lowering the dock will pose no problem. Bellov/s asked whether it would be appropriate for the Planning Commission to specify an elevation for the dock level. Mabusth replied, "I don't believe we have adequate information to indicate a specific elevation. The ordinary high water mark is 929.4'. We could ask Mr. Weber for his opinion." Mr. Weber suggested 3' above the high water mark. He said, "That would be higher than most docks, but would allow some flexibility. If there is an ice movement, that additional foot or so \rfould make a difference. I would say that is not likely to occur, but it can happen." There v/ere no comments from the public regarding this application and the Public Hearing was closed. It was moved by Hanson, seconded by Moos, to recommend approval of variances and conditional use permit for construction - 14 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE tl572-NOELTING CONTINUED of a dock anchoring system that is to have a height that does not exceed 932.4' (3* above 929.4') and that access stairs must be limited to a 4' width. Motion, Ayes-5, Nays-0. Motion carried. #1574 JIN AMD SUSAN RONALD 2565 DUNl^OODY AVENUE VARIANCES PUBLIC HEARING 8:49 P.M. TO 9:00 P.M. The Affidavit of Publication and Certificate of Mailing v/ere duly noted. Mr. and Mrs. Ronald were present. Gaffron provided a summary of the major issues noted in his memo dated August 17, 1990. Hanson asked whether staff has received any calls or letters from the adjacent neighbors. Gaffron stated that he had heard from one neighbor but not the other. Mr. liike Kaatz. 2560 Dunwoody Avenue, stated that he lives across the street from the Ronalds. He said, "My concern is that I can see the lake from the top level of my house. If the Ronald house is raised, I would lose that view." Gaffron replied, "The height of the Ronald house will be less than the maximum allowed 30'. The City does not have any codes that protect a view over the top of a structure. Our code only addresses vie\;s from structure extending from the side." Bellows stated that the sketch plan does not provide real specific information regarding the cantilever portion of the structure. She asked the contractor, David N/gren, how far above the final grade will the cantilever be. Mr. Nygren replied. "There is a drainage swale between the two lots. It will be a minimum of 9" to 12". Mrs. Ronald presented pictures showing that views from the adjacent neighbors will not be obstructed. Rowlette added, "There is quite a bit of screening from the plantings between the two houses. However, I would like to see the pool located behind^the 75' setback line." Mrs. Ronald stated that the pool will be designed to meet the 10' setback from the deck and the 75' setback from the lakeshore. She said, "If we can't meet those setbacks, we won't construct the pool." - 15 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE 11574-RONALD CONTINUED Bellows asked whether meeting the 10' setback from the deck overhang will affect hardcover percentages. Gaffron replied, "Hardcover may increase slightly, but there are adequate areas for additional removal." Bellov/s asked what the revisions to the garage entail. Mrs. Ronald stated that only interior v/ork is being done to the garage. She said- "We are reducing the length of the stalls to provide dining room area." Bellows said- "I don't \/ant to see the’ applicant come back to us with a request for additional garage area. Consider yourself notified of a potential problem you may have should you find that a certain vehicle will not fit in the garage." There were no further comments from the public pertaining to this application and the Public Hearing was closed. It was moved by Johnson, seconded by Moos, to recommend approval of the hardcover and setback variances needed to construct a room addition and pool. Hardcover shall not exceed 35.6% and the pool must be located behind the 75' setback line. Gaffron noted that the pool may encroach 71’ into the average lakeshore setback area, but will meet the 75' setback. Motion, Ayes-5, Nays-0. t'.otion carried. (The Planning Commission took a short recess from 8:57 p.m. to 9:02 p.m.) #1575 JUDSON DAYTON 1111 TAflARACK DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 9:02 P.M. TO 9:39 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Dayton was present. Mabusth reviewed the information and details relating to Mr. Dayton's request to operate a pre-schooi/kindergarten (see Jeanne Mabusth's memo dated August 16- 1990-) She asked the Planning Commission to view Exhibit C. showing the location of Mr. Dayton's property in relation to other developments. f’.abusth noted that she had not received any comments from the neighbors. She noted that there is a pool on the property. Bellows stated that the pool has been very adequately covered. She said, "The equipment has been boxed in and the pool is decked over." - 16 - i ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1575-DAYTON CONl’INUED Mabusth asked whether permits v/ere covering. taken out ^or the pool Mr. Dayton replied, "My contractor should have taken care of that." Mabusth asked, "Do you know how drainage is being handled?" Mr. Dayton replied, "My contractor has indicated that there is adequate drainage. If that proves to be otherwise, a sump pump will be used." Mabusth stated that very little modification will occur to the structure. She said, "The only comment I would have is that this is in a residential zone. I would ask the Planning Commission to consider whether fencing around the play area is appropriate." Mr. Dayton said, "This will be a minimal use. There will only be 12 to 15 students and schedules will be staggered. Only on rare occasions will all 15 students be on the premises at one time. On an average there will be 6 to 8 students at the same time and some of the children will be from the same family. Numbers of cars coming and going will be minimal." Mr. John Sheehan, 1300 Sixth Avnue North, Ms. Susan Bohach and Mr. Wallace Bohach, 1330 Sixth Avenue North, stated that they opposed the location of a pre-school/kindergarten in a residential area. Bellows asked Ms. Bohach if she could be more specific in regard to her opposition. Ms. Bohach said, "I am opposed to this use in a residential area, especially when there are other facilities available for such a use." Mr. Bohach asked whether 15 represents the maximum number of students. Mr. Dayton replied, "We anticipate that we will have a license which will allow no more than 14. If we decide to have more than 14, we would need to go through a licensing process with the State." Bellows added, "If this use is intensified, the City will also have requirements that must be met." Mr. Dayton said, "If we decided to expand to the point where the additional City criteria becomes necessary, we would relocate to a larger facility." - 17 - IkV altl'MAKI i ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1575-DAYTON CONTINUED Mr. Bohach asked whether the school would operate only during the day. i-vr. Dayton replied, "That is correct, v;e would operate from 9:30 u'.m. to 12:30 p.m. each day. We will not exceed three hours per day, Monday through Friday. There will be no operation during the summer." Mr. Bohach asked whether there are any plans for an outdoor recreation area. Mr. Dayton replied, "Any recreation area simple and natural. It would not promote playground activities." would be very loud, typical Mr. Bohach said, "Due to the topography of the area, it is easy to hear normal tones of conversation throughout the neighborhood. Noise would pose a problem." Mr. Dayton replied, "The school will operate mainly during winter months for three hours per day. More than likely 2^j hours will be spent indoors and there will minimal outdoor activities." Bellows noted that outdoor recreation is not a requirement of programs as short as Mr. Dayton is proposing. She questioned whether it would be appropriate to restrict outdoor activity to address the concerns of the neighbor. Mr. Dayton replied, "V/e would like the ability to go outside for a short break." Mr. Bohach questioned whether the residential structure will have adequate septic system capacity for this use. Mr. Dayton replied, "It is my understanding that the septic system is fairly new. There are three bathrooms in the facility. It is my understanding that the septic system will easily handle three hours per day." Gaffron confirmed Mr. Dayton's comments. He said, "The system is two years old. This is the second system for this property and we have not looked for a third site. There was originally a trench system on the property that never functioned properly." Ms. Bohach stated that she did not want to be responsible for other people's children. Bellows stated that Ms. Bohach's comments raise the issue of whether fencing is appropriate. - 18 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1575-DAYTON CONTINUED Mabusth replied, "We have heard concerns about the need for a noise barrier. Fencing may be appropriate. She noted that schools are a permitted use in residential areas, but believed that fencing may be necessary." Bellows questioned whether the conditional use permit could be renewed on an annual basis. Mabusth stated that such a condition could be included. It was the consensus of the Planning Commission that fencing would be appropriate in this case. Mr’. Dayton asked to have the opportunity to work with staff to determine the most appropriate location for the fence. Rowlette asked Mr. Dayton whether if he had looked at other locations for this use. She indicated that she did not approve of the pre-school being located in this residential area. Mr. Dayton replied, "We did look at other facilities to find something that would provide the right environment. This location in our mind was most suitable. Vie did consider a few other sites that were eliminated due to various circumstances." There were no further comments from the public and Public Hearing was closed. the It was moved by Bellows, seconded by Johnson, to recommend approval of the conditional use permit for a pre-school/kindergarten, contingent on the applicant working with staff to define an adequate play area that will provide security to keep the children in and a certain degree of acoustical control. Staff may also determine whether plantings are appropriate in addition to fencing. Prior to opening, the Orono building inspector shall review the facility to determine the need for interior signage for fire exits. The building inspector shall also evaluate the building to determine if there is need for any other improvements prior to use by young children. Mr. Dayton interjected that they have a schedule with the Hennepin County Fire Marshall to come to the facility. Mabusth added that it would be helpful if the building inspector could be present at the time the Fire Marshall visits the site. Bellows asked that decals be placed on the sliding glass doors. Further that staff determine that the appropriate permits were obtained for the pool covering and that the City standards have been met, particularly for drainage. The conditional use permit is to be reviewed at the end of the academic year. Mr. Dayton noted that the Gregories are in favor of this proposal. Hanson asked whether a maximum should be put on the number of students that may be enrolled. Bellows amended her motion to restrict the number of - 19 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1575-DAYTON CONTINUED students to a maximum of 18 on the premises at any one time. Johnson seconded. Motion, Ayes-3, Hanson, Rowlette, Nay. Hanson was receptive to the concerns of the neighbor and the potential growth of the school. Rowlette objected to the location of the school. Motion carried. #1576 JOHN AND KIT WOJCIR 3310 BAYSIDE ROAD VARIANCE PUBLIC HEARING 9:40 P.M. TO 9:45 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Wojcik were present Gaffron summarized the information in his August 13, 1990, memo pertaining to the VJojcik's application for a side setback variance. He stated that Mr. John Monson, the adjacent property owner to the right, has no objections. Gaffron also referred to a letter received from Dale J. Nyhammer and Susan G. Olsen, the neighbors to the east. Bellows read the August 20, 1990, letter from Mr. Nyhammer and Ms. Olsen. There were no further comments from the public regarding this matter and the Public Hearing was closed. It was moved by Hanson, seconded by Moos, to recommend approval of application #1576, a side setback variance to construct additions to an existing residence. The hardship is the location of the existing house. Bellows asked whether the septic system issue needed to be addressed. Gaffron stated that the Council has already reviewed the septic system issue. Motion, Ayes-5, Nays-0. Motion carried. #1577 NORMAN TORRISON 2250 LONGVIEW CIRCLE VARIANCE PUBLIC HEARING 9:47 P.M. TO 9:56 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Torrison was present. Gaffron reviewed the major issues involved with Mr. Torrison's request for a side setback variance to construct a tennis court (see Michael Gaffron's memo dated August 15, 1990). Gaffron said, "I did hear from the neighbor to the east. Their feeling was that the further the tennis court is located from their property line, the better. Mr. Torrison had discussed the - 20 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1577-TORRISON CONTINUED possibility of a lot line rearrangement with the neighbor to the north. However, it was determined that the neighbor to the north would not maintain a minimum of two acres." Bellows asked whether the neighbors to the north had requested screening. Gaffron replied, "No, they did not make any specific requests." He stated that staff is concerned about drainage. He said, "We need to be sure that drainage flows downhill, rather than across to the neighboring property to the east." Mr. Torrison said. "The tennis court will be clay/crushed stone which drains straight through. Drainage should not be an issue. Moving the tennis court closer to the north lot line will provide a better orientation because of the topography. I would prefer to be 5' from the north lot line, but I can live with 10'. Every foot that we come south, I have to cut down 100 s.f. of crees." Bellows asked Gaffron for his opinion regarding the existing drainage and utility easement. Gaffron replied, "In my opinion, if we are going to encroach into the easement, we should notify the utility companies that may wish to use the easement. I agree with the Public Works Director regarding encroachment into the easement. However, I do not believe that a hold harmless agreement is necessary." Rowlette asked whether there will be lights for the tennis court. Mr. Torrison replied, "No, there will be no lights." Gaffron asked Mr. Torrison if the neighbor to the north objected to the tennis court location in relation to his property line. Mr. Torrison replied, "The less of the end of the tennis located." neighbor to the north will see court the further north it is Johnson said, "I am concerned about the tennis court location relative to the property lines. Mr. Torrison has 3.2 acres. Mr. Torrison replied, "That is the only location on the lot that is suitable for building the tennis court. Placing the court anywhere else would require more tree removal and would not provide the right orientation." - 21 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1577-TORRISON CONTINUED Bellows said. "I am concerned about the neighbors. However, I believe that the topography and trees present a hardship for locating the tennis court elsewhere. The Planning Commission may wish to recommend restrictions, such as no lighting. We should also consider screening for the benefit of the neighbors on the north and east." Johnson asked Gaffron to explain his notation regarding the topography being slightly off. Gaffron replied, "Having walked the property, my feeling was that there was more flat area than the topographical map shows." There were no other comments from the public than those noted by staff and the Public Hearing was closed. It was moved by Hanson, seconded by Bellows, to recommend approval of application #1577, for a side setback variance to construct a tennis court. The tennis court shall not encroach more than 10' toward the north property line and lighting is not allowed. The hardship is the topography and the necessary north/south orientation. Motion, Ayes-3, Johnson and Rowlette, Nay. Motion carried. Johnson believed that the 30' setback could be met and that a 10' fence around the court has a major visual impact. Rowlette was concerned about the need for screening for the neighbors. Bellows suggested that the Planning Commission include a recommendation to Council to direct staff to work with Mr. Torrison upon completion of the tennis court to assure that adequate screening is provided. #1578 AL AMD LIBBIE HOPWOOD 1205 LAKEVIEW AVENUE AFTER-THE-FACT VARIANCES PUBLIC HEARING 10:00 P.M. TO 10:02 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Hopwood were present Gaffron reviewed the information presented in his memo dated August 17, 1990. Hanson said, "In my opinion, the orientation of the house presents a hardship. This is a corner lot with a non-standard orientation." Bellows asked whether the app>licants intend to continue to use the tuck-under garage. Mr. Hopwood replied. "No. we intend to convert the garage into a bedroom." 22 - j ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1578-HOPWOOD CONTINUED Bellows advised the Hopwoods to consult with City statt prior to the remodeling because of the need for bedroom windows to be a certain size for egress. Bellows added that the lattice board, in her opinion.- is an improvement. There were no public comments pertaining application, and the Public Hearing was closed. this It was moved by Hanson.- seconded by Moos, to recommend appr-oval of the front and side street setback variances to construct a deck/walkway. The hardship is the unusual orientation of the house on the lot. Motion, Ayes-5 Nays-0. Motion carried. #1579 GARRY EVERSON 4755 NORTH SHORE DRIVE AFTER-THE-FACT VARIANCES PUBLIC HEARING 10:05 P.M, TO 10:25 P.M. The Affidavit of Publication and Certif'.cate of Mailing v/ere duly noted. . and Mrs. Everson were present for this Public Hearing Gaffron provided a summary of the issues involved with the application (see Michael Gaffron's memo dated August 17, 1990). Gaffron noted that there is a new six to seven foot fence on the property that should be a minimum of ten feet from the lot line. Gaffron compared certain aspects of this property to Mr. and Mrs. Krahl’s property. He said, "There are steep slopes that may cr6ate th6 ri6ed to rotain aroas with drainage.” rock and plastic to assist Hanson said, "I looked at the property first thinking that portions of the drivev;ay could be removed to reduce hardcover. Hov/ever, that is not possible because the driveway is shared." Mr. Everson referred to one of tne rock gardens on the property. He said, "That garden was there when I purchased the property. If there is plastic beneath the rock, it is not working. There are heavy weeds growing in there and I have no standing water." Mrs. Everson said, "The fence that Mike referred to as new has been there for twenty years. Also, the portion of fencing that encroaches onto the Krahl's property 's there for garbage cans. Since the deck has been constructed, there has not been as much dirt accumulating on the driveway. The curb installed by Hennepin County helped that situation somewhat, and the deck has nelped further." Mr. Everson said, "There was always a deck in that location. - 23 - r ——rtiif-i —*■ - - - - - - - - - - -- - - -- - - - - - ~ - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1579-EVERSON CONTINUED The initial intent v/as to replace the decking only. As I began removing the decking I saw that the super structure and the posts were also rotted." Mrs. Everson added, "My high heels went through the existing planking." Bellows asked the applicants what purpose the trench that has recently been dug is to serve. Mr. Everson replied, "The trench was dug for the retaining wall I am constructing to keep the dirt from coming in toward the house. Only planking was used to retain the dirt wall." Hanson stated that it would be appropriate for the Eversons to remove enough hardcover to keep the percent that existed with the old deck. He asked the Eversons if they have a written acknowledgment from their neighbors regarding the garbage can structure. Mrs. Everson replied, "V^e don't have anything at this time, but we can obtain a letter." Bellows noted that the Eversons were first cited for working without a permit in 1988. She asked v/hat took them so long to submit an application. She said. 'VJe have the chronological data from the staff, but v/ould like your explanation." Mrs. Everson said, "The tickets were issued in the wrong name. Vie went to Ridgedale Courthouse three times to try to clear that up. Each time we were told there v/as nothing on record. Vie learned later that the ticket was in the name of Iverson, rather than Everson." Gaffron said, "It takes the Courts and City Attorneys some time to get matters moving. Vihen a fine is issued, it doesn't mean anything in relation to getting the problem corrected. Shortly after we notified the Eversons, they did apply for a building permit. Vie determined that a survey was needed. Vihen the survey finally came in, it was deLeimiiied that a variance application was needed." Mrs. Everson stated that she had kept a file and recorded all of the events that occurred. Mr. Everson stated that they did not intentionally drag the process out. There were no comments from the public and the Public Hearing was closed. 24 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1579-EVERSON CONTINUED It was moved by Bellows, seconded by Hanson, to recommend denial of the after-the-fact variances for the deck and require that the portion of the deck extending over the property line be removed in its entirety, as well as removing other portions of the deck in order to recreate the deck that previously existed. Motion, Ayes-4, Rowlette, Nay. Motion carried. Rowlette stated that she agreed to removal of the deck portion extending beyond the property line. She disagreed with the removal of additional deck portions. #1580 PATTY PLANT 2245 WATERTOVm ROAD VARIANCE PUBLIC HEARING 10:25 P.M. TO 10:27 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth stated that Mrs. Plant is elderly and may not be able to attend this meeting. She said, "The application is straight forward, there should be no problem acting without the applicant's presence." Mabusth reviewed Mrs. Plant's application (see Jeanne Mabusth's memo dated August 15, 1990). 'the noted that she had not received any negative comments from neighboring property owners. There ware no comments from the public regarding this application and the Public Hearing was closed. It was moved by Bellows, seconded by Moos- to recommend approval of the front street setback variance required for a 1/2 bath and closet addition. The hardship is the need for Mrs. Plant to have a closet and bathroom on the main level of her home. Motion, Ayes-5, Nays-0. Motion carried. #1581 ROBERT KOEHNEN 537 HANLON AVENUE VARIANCE PUBLIC HEARING 10:27 P.M. TO 10:30 P.M. The Affidavit of Publication and Certificate of Mailing v/ere duly noted. Mr. and Mrs. Koehnen v/ere present. Gaffron provided a brief summary of his memo dated August 14. 1990. Mr. Koehnen stated that they failed to shov; a deck or their building plans. He said- "However, we did show doors leading from the house with an 8' drop to the ground. We assumed that it - 25 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE 11581-KOEHNEN CONTINUED would be obvious that something would have to be constructed there. *' Bellows asked whether it would be possible for the applicants to r'^duce the sir» of the proposed structure by 70 s.f. and still achieve the same result. Mrs. Koehnen stated that they have cut back the project considerably. She said, "The house windows crank open over the deck and we need the extra area to compensate.” Rowlette noted that there is an existing patio in the back yard that appears to serve no purpose. Gaffron explained that removal of the patio would not help in this case because lot coverage was being considered, rather than hardcover. Hanson stated that he is content with the 15.35%. Bellows and Rowlette concurred. There were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Bellows, seconded by Moos, to recommend approval of the front setback and lot coverage variances needed to construct an attached deck and gazebo. The hardship is the placement of the existing house on the lot and that the variance is consistent with other construction in the neighborhcou. Motion, Ayes-5, Nays-0. Motion carried. $1582 CAROL BURGESS 2800 PHEASANT ROAD VARIANCES PUBLIC HEARING 10:32 P.M. TO 10:35 P.M. ^ • The Affidavit of Publication and Certificate Oi. Mailing v/ere duly noted. Ms. Burgess was present. 1990) . u VC Buraess if she would be willing to reno.a Bellows asked Ms. burgess ir level. hardcover to keep hardcover a. its presen MS. Burgess Ys"'^'air\y'°e''xpen^s^ive^ the landscaping a sLu a.ea.» - 26 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1582-BURGESS CONTINUED Bellows asked Gaffron for the landscaping areas. square footage of the Gaffron replied, "The area is approximately 114 s.f." Ms. Burgess commented, "There is only 13% hardcover on the entire lot is you do not consider the setbacks. If the lagoon did not exist, there would only be 19% in the 75-250' zone. I did have a circle driveway which I removed seven years ago." Bellows said, "For sake of consistency, the Commission should recommend removal of hardcover to percent the same." Planning keep the There were no comments from the public regarding this application and the Public Hearing was closed. It was moved by Bellows, seconded by Hanson, to recommend approval of the hardcover and average lakeshore setback variances, contingent on the applicant working \/ith staff to have no net increase in hardcover. Motion. Ayes-5, Nays-0. Motion carried. #1558 RICHARD ZUCKMAN 3995 NORTH SHORE DRIVE SKETCH PLAN OF PRD/SUBDIVISION Mr. Zuckman \/as present. Mabusth displayed the sketch plans and explained Mr. Zuckman's proposal (see Jeanne Mabusth's memo dated August 17, 1990). She stated that the proposed density ratio per unit will be .33 rather than .5. Bellows asked, "Are you providing parking for 12 cars?" Mr. Zuckman replied, "I believe there are nine parking spots outside and four garage stalls per unit. The two center units have a two car garage, plus a two car garage further out." Bellows said, "I question the need for so many parking spaces for this development. It is not something that the City requires. I do not want to see overflow parking on County Road 19, but I question whether this is excessive. I also believe that the structure can be located out of the 0-75' setback zone." Mr. Zuckman agreed that the structure can be moved back. He said, "I plan on living in this structure and I have several cars." Bellows said, "The excessive pavement gives the structure more of a commercial appearance than we would like to see in this - 27 - ! • I ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1558-ZUCKMAN CONTINUED area." Mr. Zuckman said, "We designed the structure in a horseshoe to allow the parking areas to be hidden behind. The structure will also appear as one, large single family unit." Bellows said, "Conceptually, I have no problem with this. I would like to see the property developed other than what exists. I would just like to see the development be more consistent with the notion of a residential approach. I would suggest that parking be reduced." Mr. Zuckman said, "The idea behind the four-stall garages was to provide storage area for boats and water toys." Hanson concurred with Bellows. He said, "I would prefer to see a little less garage structure and pavement areas." Johnson asked Mr. Zuckman whether he has approached the LMCD regarding boat slips. He said, "I believe the LMCD was considering a moratorium for multiple docks." Mabusth said, "I am not aware of that. There has beer, a joint use dock license for seven slips for this property. The applicant has sufficient lineal footage to support three slips. If the City recommends the density'proposed, Mr. Zuckman will ask for four slips." Mabusth suggested that the Planning Commission address the issues listed in her memo. Bellows asked the Planning Commission whether they felt a four unit attached dwelling is appropriate. Moos asked for the square footage of each unit. Mr. Zuckman replied, "The typical living space, without the garage is approximately 2,500 s.f." Bellows asked if the units will have three bedrooms. Mr. Zuckman replied, "Yes." Bellows asked the Planning Commission about the density variance for .33 acres per unit. Mabusth noted that it would be necessary to grant such a variance for three units. Rowlette said, "I would prefer to see single family housing in this location. What Mr. Zuckman is proposing is too much. - 28 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1558-ZUCKMAN CONTINUED This is definitely an improvement." Johnson said, "I would be interested to see what the public has to say about this proposal. I believe that something like this would do very well in this location." Bell«^vw^ .said, "I would like to see the intensity of this developn*rr ? '5 2crease. I do not object to the proposal for four units, <ii^>istion whether reducing the size of the units would be an appi.’..;)*- -ate trade-off." Rowlette stated that she would be more receptive to the proposal if the units were scaled dov/n. Hanson said, "I agree that the units need to be scaled down. I am impressed with the fact that Mr. Zuckman intends to reside on the property." Mabusth stated that it will be necessary to grant a hardcover variance in the 75-250* setback area for this development. She noted that there will be no hardcover in the 0- 75* setback area and major reductions within the 250-500* area. Bellows said, "I believe we are willing to look at hardcover from an overall aspect, rather than concentrating on each setback area." Mr. Zuckman said, "Access to the property will add quite a bit of hardcc .er. I want the access point to be as far from the curve as possiDle." Mabusth stated that the County will have to review the access. As a last directive, the Planning Commission reminded Mr. Zuckman that he will need to work with the LMCD regarding boat slips. #1583 MARCO FRANKLIN BALDUR PARK ROAD SKETCH PLAN OF PRD/SUBDIVISION Marco Franklin was present for this review. Mabusth provided the Planning Commission with a summary of the major issues involved with this application (see Jeanne Mabusth*s memo dated August 16, 1990). Mabusth said. "There is an existing house on Baldur Park. The individual residing in that house has informed the City that his property is excluded from this subdivision. Also, with respect to hardcover, the need for an access road v/ill require hardcover within the 0—75 setback area, no matter what the final approved density allowed. - 29 - i L ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE }1583-FRANKLIN CONTINUED Bellows said. "Before v/e proceed much further with this, we need to address the road issue." Mabusth said. "The City would have to proceed with condemnation. We would first ask Mr. Franklin to contact the existing three property owners on Baldur Park Road. If they indicate that they will not give Mr. Franklin an easement, the City will have to condemn." Mr. Franklin said, "There are currently power lines out on Baldur Park. I know that there is a problem with the septic system for Lot 30. The system is heaved out of the ground on one side. I have gone to great lengths to scale down my proposal. We have designed a catch basin and gone so far as to consider the direct runoff from roof tops. We intend to provide a cul-de-sac. At this time, it would be impossible for a fire truck or snow plow to turn around at the end of the point." Hanson asked for the radius of the cul-de-sac. Mabusth replied that it must be at least 40 feet paved and 50 feet for right-of-way. Hanson said, "I am impressed with this proposal. I would like the flood plain issue addressed." Mabusth said, "This application v;ould be reviewed by other agencies. It would be necessary to provide compensatory filling for any excavation work done below the 931.5 elevation. Mr. Franklin is proposing to fill below t 931.5 elevation, but there will be no structures located v/ithin the flood plain." Mr. Franklin's associate said, "The basements of these units will be two feet above flood level." Mabusth stated that hardcover is the main issue. She said, "V;hen the Planning Commission reviewed Mr. Franklin’s previous proposal, you indicated that you v;ould not grant any variances within the 75-250' setback area. This property is very unique with many hardships. There is a very small building envelope and variances will be necessary." Johnson asked Mr. Franklin if he had attempted to acquire Lot 30? fir. Franklin replied, "I have spoken to him several times. Each time I talk to him the price of his property increases." Johnson asked whether there would be a commons area owned by a homeowner's association. - 30 - 1 • t ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 ZONING FILE #1583-FRANKLIN CONTINUED Mr. Franklin replied, "I v/ould prefer to have the area privately owned." With respect to the road, Mabusth asked, "Would the Planning Commission prefer to see this private drive as an outlot within an outlot?" Hanson stated that he would prefer to see a public road, rather than private. Mabusth stated that the City will only condemn up to the property boundary and that the cul-de-sac would be public. Bellows said, "There will be four units on this private road. Will it be necessary to have the road 24’ wide?" Mabusth replied, "That has not been determined yet. V^e can estimate that the road will be 22’ to 24’ wide v;ith an 80' diameter cul-de-sac. We will need an opinion from the City Engineer." Fellows said, "I am impressed also \/ith this proposal. It has come a long \/ay. Ho\/ever, I am still concerned about Baldur Park Road, which is sub-standard and unsafe. I have a hard time supporting any intensification unless the City takes responsibility for the road. I feel that the road issue presents an unfair circumstance for Mr. Franklin." Mabusth said, "I believe that if a formal proposal for development is presented to the City, it will have to take a serious look at the road." Johnson asked about meeting setbacks and establishinc lot- lines. Mabusth replied, "Building pads will be created and they will be called lots. There will be built-in setbacks and defined lots for each house. Everything around the pad \/ill bo an open space outlot. Your consensus is that you want the road that leads from the cul-de-sac to also be defined as an outlot." Bellows said, "The sites v/ould be sold as pre-constructed units." Mabusth said. "That is correct. The individual will buy \/hat is defined as a lot, a footprint, and a share of the open space commons area." Bellov/s said, "Whether the individual purchases the footprint prior to or after construction, it is a unit he buys. It is not his option to design a building for that lot." - 31 - ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 • « ZONING FILE #1583-FRANKLIN CONTINUED Kabusth said, "That is correct, it will have to all be designed within that pad." Johnson asked Mr. Franklin whether he was aware of that condition. Mr. Franklin replied, "Two of these will have to be pre-sold before I begin construction." Johnson asked whether there will be a joint dock or individual docks. Mr. Franklin replied, "I would prefer to have private individual docks." Bellov/s asked Mr. Franklin if he had received adequate direction. Mr. Franklin stated that yes, he had sufficient direction. He noted that there will be minimal disturbance of the existing trees and that they wil] maintain the wilderness, cat-tail area around the peninsula. He said, "That should alleviate the possibility of anyone using chemicals to control that area." Mabusth informed Mr. Franklin that the center island in the cul-de-sac will have to be removed. COMMENTS FROM PLANNING COMMISSION REP RE: COUNCIL MEETING OF AUGUST 13, 1990 Bellows said. "The Council agreed v/ith all of our recommendations. In July there were several issues where our recommendation was over-turned. I do not feel that Council has to agree v/ith us all the time. At the August meeting, it v/as always made knov/n to the public what the Planning Commission vote had been. I thought that was great." Mabusth asked the Planning Commission to provide a list of the specific applications that were over-turned by Council. Bellows said, "Mr. Stubbs' application, the Peterson application, and the McCourtney application." APPROVAL OF MINUTES-JULY 16, 1990 PLANNING COHMISSIOti MEETING A motion was made by Bellows, seconded by Johnson, to approve the minutes of the July 16, 1990 Planning Commission meeting. Motion, Ayes-5, Nays-0. Motion carried. PLANNING COMMISSION REPRESENTATIVE It v/as agreed that Sata Moos would attend the September 10, 1990 Council meeting as a Planning Commission Representative. - 32 - ORONO PLANNING COIUIISSION MEETING HELD AUGUST 20, 1990 ADJOURNMENT A motion v/as made by Bello\/s, seconded by floos to adjourn the meeting. Motion, Ayes-*5, Nays-0. Motion carried and at 11:27 p.m. the meeting adjourned.