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HomeMy WebLinkAbout09-17-1990 Planning MinutesMINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 17, 1990 ATTENDANCE 7:00 P.M. • The Orono Planning Com.Tiissioa met on the above date with the following members present: Planning Commission Chair Charlie Kelley, Vice Chair Maureen Bellows, and Planning Commission Members Jeffrey Johnson, Ed Cohen, Jim Hanson, Candace Rowlette and Sara Moos. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Council Representative Callahan \/as present. Bellows called the meeting to order. She stated that Chairman Kelley had a schedule conflict, but that he would be present later this evening. Bellows also noted that a group of Orono citizens had scheduled a meeting to discuss the proposed Highway 12 corridor expansion. She stated that the meeting will be held at the Cosgroves on Fox Ridge Road on Wednesday, September 19, at 7:30 p.m. She said, “This group is meeting to voice their objections to the Luce Line Trail or Watertown Road being considered as alternate routes for the corridor." 11334 REBERS CONSTRUCTION SUGARWOODS PLAT RECONSIDERATION OF CONDITIONS OF PRD APPROVAL REFERRED BACK TO PLANNING COMMISSION BY COUNCIL Mr. Sid Rebers and Mr. Robert Kost, a representative Rebers Construction, were present. for Kelley said, "My position on this request is that the house pad and driveway should meet the requirements established and approved with the original PRD. I know that there are a few lots that may need to deviate from that because of the elevation of the properties. The question is whether or not it is necessary for the Planning Commission to review each application. I think I have made my position very clear in that respect." Cohen said, "I too have always been in favor of supervision because a PRD is not subject to broad form exceptions. The plan was developed and accepted for the overall benefit of the Community. The Planning Commission spent a great deal of time on this and I believe each application should be reviewed. I believe the Planning Commission would be abdicating its responsibilities if we did not require that." Bellows concurred with Kelley. She said, "It seemed very clear to me that the 50' setback area was for one driyeway 20 feet in width. There was nothing in that recommendation that implied that the garage could be placed right at the 50' setback line, thus requiring the backout/turn-around to be within the setback area. I believe that requests to do so should absolutely be dealt with on an individual basis." - 1 - ■ I li I i»n ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1334~REBERS CONTINUED Cohen asked whether there disappearing. is a problem with trees Kelley stated that there is no such problem that he has viewed. He said, "I believe the developer is doing everything possible to enhance the development and preserve the trees." Bellows added, "There were comments made in that respect because at one point it was stated that all trees that are to be preserved are to be marked. What has proven to be more feasible is that the developer is making that assessment without marking the trees. Many mature trees have been moved into protected areas." Johnson stated that in his opinion it is not necessary for each application to be reviewed individually. He said, "We did spend a great deal of time on this. However, the Planning Commission needs to be somewhat flexible and I would prefer not to see each application come back. I think that the amendment prepared by staff should be sufficient to address the applications." Mr. Host said, "We assumed that, as with any other setback, that we could place the garage at the setback line and provide sufficient access. The protective covenants for Sugarwoods included a requirement for three-car garages. The three options provided by staff as part of the amendment would still require the property owner to meet certain standards in relation to terrain, and tree preservation, before approval is given for an approach apron to be in the front yard setback. Any configuration other than what staff has provided would need Planning Commission approval. We view the amendment as a suitable compromise." It was moved by Cohen, seconded by Bellows, to recommend that matters involving changes or variances be referred back to the Planning Commission for their review. Johnson asked whether those in favor of individual review oppose the amendment presented by staff. Kelley stated that he preferred not to impose the responsibility on staff. Cohen reiterated that he did not wish to abdicate his responsibilities. Mabusth stated that the proposal prepared by staff resulted from input received from the applicant and City staff. Kelley said, "It is important to note that the 50' setback is a different definition than that typically in our Code." Motion, Ayes-6, Johnson, Nay. Motion carried. - 2 - J ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 #1585 C. ARNOLD CARLSON 855 FOREST ARMS LANE AFTER-THE-FACT CONDITIONAL USE PERMIT PUBLIC HEARING 7:02 P.M. TO 7:08 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mrs. Carlson was present for this Public Hearing. Mabusth reviewed the major issues involved with this application. She stated that the City has no records relating to the date the seawall was constructed (se? Jeanne Mabusth's memo dated September 12, 1990). Bellows asked whether the Carlsons have obtained all other necessary permits from the various agencies involved with this application. Mabusth replied, "Yes, all of the appropriate agencies have granted permits." Bellows asked Mrs. Carlson why they had not applied for a permit prior to constructing the seawall. Mrs. Carlson replied, "The only purpose of the wall is to keep the ground from washing into the channel. We put the dock on top of the wall rather than using the support posts. The wall is part of the dock, for which we did have a permit. We didn't realize that we needed a permit." Bellows asked Mrs. Carlson whether a contractor had done the work. Mrs. Carlson replied, "We did the work ourselves." There were no comments from the public relative to this application and the Public Hearing was closed. Johnson asked whether the wall structure was new or if it replaced an existing structure. Mabusth replied, "The retaining wall is new." Cohen asked when the dock permit was obtained. Mrs. Carlson replied, "The house was constructed in 1979 and the dock permit was approved shortly after that." Bellows asked whether the wall was constructed at the same time the dock was installed. Mrs. Carlson replied, "The soil kept washing away. We felt - 3 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE 11585-CARLSON CONTINUED that unless something was done to stop it, we would not be able to access the dock. We constructed the wall in the 1988." Bellows said, "There is an obvious need for the wall." Hanson concurred with Bellows. It was moved by Bellows, seconded by Cohen, co recommend approval of the after-the-fact Conditional Use Permit for a wooden seawall, with the condition that the appropriate fines for the after-the-fact nature of this application are paid. Hanson noted that there is minimal aesthetic impact of the lakeshore from this structure. Bellows added that the structure is serving a purpose. Motion, Ayes-6, Nays-0. Motion carried. fl586 JAMES S. BURANEN 1085 BROWN ROAD SOUTH AFTER-THE-FACT VARIANCE PUBLIC HEARING 7:09 P.M. TO 7:13 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Buranen was present. Mabusth summarized the pertinent facts relating to this application. She asked Mr. Buranen how long he has resided in Orono. Mr. Buranen replied, "I have lived here two months." Mabusth stated that Mr. Buranen ceased work immediately after being notified of the need for a permit. She said, "The applicant applied for a building permit and provided us with a survey of the property. During the reviev; of the application, staff determined that a variance is required. There are several lot lines depicted on the survey. By the time a formal resolution is drafted, the City Attorney will have provided direction as to which line is relative in this case." Bellows stated that she is concerned about the safety aspect of Mr. Buranen backing the limousines out of the driveway. She said, "There appears to be no turn around space. I believe that if we approve a location to house these vehicles, we should also require that a turn-around be provided." Mr. Buranen said. "I have removed a considerable amount of brush from the area at the end of the driveway to improve visibility." Bellows asked, "How do you feel about a requirement to provide a turn-around?" - 4 - i ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1586-BURANEN CONTINUED Mr. Buranen replied, "I don't feel it is necessary. If I need to back out during a busy time of day, I back up into the yard and position the car so I can pull straight ahead. In the evening hours I have never had any problems." Thera were no public comments regarding this application and the Pubi. : Hearing was closed. Cohen stated that as long as the applicant has indicated that he has no problem, he sees no need for a turn-around. He said, "It appears that Mr. Buranen recognizes the potential problems and has gone so far as to remove the brush from the end of the driveway." Hanson concurred with Cohen. He said, "Mr. Buranen has the expertise to handle this type of vehicle. I don't believe a turn around is needed." Bellows asked Mabusth whether City staff has reviewed the safety aspect of this. Mabusth replied, "No." Bellows suggested that the Public Works Director be asked to look at the site prior to Council's review of this application. It v/as moved by Cohen, seconded by Bellows, to recommend approval of after-the-fact side yard setback Variance for an addition to a principal structure, subject to staff recommendations and the inspection of the driveway by City staff to determine the safety status of this condition. Motion, Ayes-6. Nays-0. Motion carried. #1587 RUBY L. SIFORD 96 HACKBERRY HILL AFTER-THE-FACT VARIANCE PUBLIC HEARING 7:17 P.M. TO 7:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mrs. Siford and her son, Bill Siford. were present. Mabusth suggested that Mrs. Siford be given an opportunity to explain how this situation arose. Bill Siford said, "V/e were under the impression that our contractor had applied for the permits. We later learned that was not the case. The contractor claimed that the City inspector had stopped by and told him the deck had to be five feet from the garage. That is how he constructed the deck. I talked with the Building Inspector today. He stated that he did not tell our - 5 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1587-SIFORD CONTINUED contractor that a five foot separation was acceptable, tell the contractor to stop working on the deck." He did Cohen asked Mr. Siford v/hether the contractor was present this evening. Mr. Siford replied, "Apparently he is away working on a project in Wisconsin and I can't get in touch with him." Mabusth reviewed the chronology of the events involved in this application (see Jeanne Mabusth's memo dated September 12, 1990). Mr. Siford added, "Once we found out that our contractor had not pulled the appropriate permits. I went to the City and made sure we had the necessary permits." Mrs. Siford said, "The contractor told us that we needed to cut 16" off of the side of the deck facing the garage. He also made an adjustment to the steps." Mr. Siford added, "V/e do have the signatures from the neighbors. They are happy that we are trying to improve the property." Bellows asked whether it would be feasible to connect the garage and deck. Mabusth replied, "I did talk to the Building Inspectors in that regard. I went out to the site to see if that would be possible. Based on the elevations of the property, it would not work." Bellows stated that she was also concerned about the storage shed located between the garage and the house. Mrs. Siford stated that the shed has been in that location since 1979. Bellows asked Mabusth whether the Building Inspector has recommended any solution to this existing condition. Mabusth replied, "Vie have only discussed what is required by the Building Code if the Planning Commission recommended approval of the five foot separation." Johnson asked if it is not the intent of the Building Code to require the ten foot separation for fire safety. Mabusth replied, "That is correct." - 6 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1587-SIFORD CONTINUED Johnson stated that due to the open nature of the structure that it should not pose a fire problem. Bellows asked Mrs. Siford if the area belov/ the deck will remain open. Mrs. Siford replied, "It will remain open for now, but may screen it in later. We do have birds that build their nests under there." Johnson asked for the name of the contractor that had been hired by Mrs. Siford. Mr. Siford replied, "His name is John Aulwes, Designer Concepts." There were no public comments regarding this application and the Public Hearing was closed. Bellows said, "I would be inclined at this point to allow them to construct a fire wall. Because of the proximity of the storage shed to the garage, I would like fire walls on the back and the sides. Actually the entire garage, including the roof, should be fire insulated." Johnson suggested that the Planning Commission's recommendation be based on the Building Inspector's approval of the project in relation to the Fire and Building Codes." It was moved by Bellows, seconded by Johnson, to recommend approval of the 5' separation between a principal and accessory structure. The recommendation is contingent on the proper fines being paid for the after-the-fact nature of this application, and inspections by the City to insure that all fire codes are met and enforced. Staff shall take into consideration the storage shed as well as the deck. Motion, Ayes-6 Nays-0. Motion carried. (Chairman Kelley arrived at this point in the meeting) #1588 U.S. WEST NEW VECTOR GROUP, INC. CONDITIONAL USE PERMIT PUBLIC HEARING 7:30 P.M. TO 8:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. John Uban, Consultant, Mr. Ed Hasek, Consultant, and Mr. Dave Hellerman, U.S. West Engineer, were present. Mabusth stated that her memo raises certain zoning issues involved with this application (see Jeanne Mabusth's memo dated September 13, 1990). She said, "Staff feels that our Code may not specifically address this type of application." Mabusth - 7 - r ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1588-U.S. WEST NEW VECTOR CONTINUED suggested that the applicants be permitted to make their presentation. She noted that a public information meeting had been held by the applicants on Friday, September 14th, and that only two persons from the public attended." Mr. Uban explained how cellular phones function. He said, "It is a low wattage system. Towers are placed in locations so they fit together in cell system, much like a honeycomb. Each time we look for a new antenna location, we look at a small area. We have selected a site behind the Vineyard of the Lake Church. (Mr. Uban shov/ed an aerial view of the search area and the particular site chosen. ) The site we have selected is in the center of the search area. The tower will be 150' tall. A small building with the computers will be located at the bottom of the tower. There is a small air conditioner in the building. The tower is self-supporting, there are no guide wires. These towers do not fall down like trees. They are constructed to withstand 150 mph winds and sleet storms. However, should one ever falls down, it is designed to break at midpoint and fold. The tower is located with sufficient setback so it will pose no safety hazard for any surrounding property. The transmissions are low wattage. They do not cause any biological interference. The standard microwave or television emits more radiation than this tower will. There has been no documentation of these towers creating interference with other transmissions. The tower uses a frequency that is at the upper end of the UKF frequency. This frequency is above radio and television and is used by all cellular phone systems. It is our opinion that this structure meets all pertinent criteria for public health, safety and welfare. The structure will be well screened from adjacent neighbors. It will be visible above the trees. The tower makes no noise and is not lighted. Approximately once a week, a pickup truck would be on the site to maintain the tower. Except for the fact that the structure can be seen above the trees, it has no other impact on the area. We considered other locations and believed this is the best location." Kelley asked whether this area is currently served by U.S. VJest Vector. Mr. Uban replied, "Generally. This tower is being put in place to meet one capacity. There are too many users in this area now. If too many are trying to use the same frequency, communication is lost." Kelley asked where the tower is that presently serves the Cellular phone users in this area. Mr. Hellerman -eplied, "There are several. Part of the problem is that Wayzata is located in a bowl. There is a facility in Hamel, Shorewood and Golden Valley. Those towers are - 8 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1588-U.S. WEST NEW VECTOR CONTINUED not close enough to get a signal down into the City of Wayzata.” Kelley asked if the basic intent of this proposal is to provide service primarily for the City of VJayzata. Mr. Hellerman replied, "We are trying to serve an area that has a two to three mile radius from that area." Kelley asked what other sites had been considered. Mr. Uban stated that it is difficult to locate a site because they cannot condemn property. He said, "We have considered the Country Club, but they had no suitable site. VJe looked at the Busy Beaver Daycare Center, however the slopes to the rear of the facility were too steep. V/e wanted to have the tower located close to Highway 12, but away from residential density." Kelley asked whether played a greater role Jn located. location or economic considerations determining where a tower is to be Mr. Uban replied, "Both of those factors must be considered. We must provide good service at a reasonable rate. There are currently two companies competing with one another." Kelley asked whether the two companies could share the same tower. Mr. Uban replied, "No, they do not share towers." Kelley was concerned about the other company requesting a location within Orono for a tower. Mr. Uban stated that the Cellular phone is a public service and is useful in the event of emergencies when regular phone lines are out of service. Mabusth asked where U.S. West's competitor has their nearest tower. Mr. Hellerman replied, "Our competitor has a facility on the water tower in Wayzata." Kelley asked whether the use of Orono's water tower had been given consideration. Mr. Uban replied, "I don't believe the water tower is located in the search area." Bellows asked how critical this specific search is to - 9 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1588-U.S. WEST NEW VECTOR CONTINUED providing service. Mr. Uban explained that it is important to locate the facility in as close to the center of the search area as possible in order to have a functional cell. Bellov;s asked how large a typical cell is. Mr. Hellerman explained, "When the system was first introduced to the Minneapolis area, the first 12 to 15 cells, we had to use tall towers. As the system developed, and the number of cells increased, the tower size was reduced.” Bellov/s asked what the height of the tall towers is. Mr. Hellerman said, "The tallest tower we have, located in Cologne, is approximately 430*. In the Downtown Minneapolis area, the towers are now 60' to 80' tall." Bellows asked if the only chance for the size of the proposed tower to be reduced would be if additional towers were installed in the area. Mr. Hellerman replied, "I would expect over the long term that to happen. How long into the future that may be, I cannot say." Johnson noted that there are several Ham operation towers located within the City of Orono. Rowlette asked how tali the tower will be in relation to the existing power lines on the proposed site. Mr. Hasek replied, "The power lines are 70' to 75' high. The tower would be approximately twice as high." Mr. Darrell Anderson, 920 I7est Wayzata Boulevard, said, "I believe this is totally incompatible with the area in which it is proposed. All of the property to the north of the Luce Line Trail and Highway 5 is residential property. I believe it is unsuitable for the church site and is not in keeping with long term plans for the Luce Line Trail. In terms of alternative sites, there is undeveloped land across Wayzata Boulevard between the Wayzata by-pass, where the Gun Club and Driving Range are located. That area would be more suitable in my opinion." Mr. Anand Gopinath, 705 Old Long Lake Road, said, "I wrote a letter to you because I was not sure I could attend this meeting. Vihen I purchased my house, I was informed that the area was zoned residential, two acre minimum. A variance has been given to the church and the daycare facility in order for them to operate in - 10 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1588-U.S. WEST NEW VECTOR CONTINUED their present locations. Now the City is being asked to approve a request for a commercial, industrial use in this same area. That is not in keeping with the rural character of the area and I oppose it. I have talked with the U.S. West Engineers. I am convinced that the radiation levels from the tower are acceptable for human exposure. However, I believe that the tower ought to be located in an industrial or commercial area. I believe that locating it in a residential area will reduce property values. The majority of phone transmissions take place with underground or overhead lines. Cellular phones are only used for mobile phone traffic. They may be useful in the event of an emergency, but are used primarily by business people traveling in automobiles. The pattern coverage for this area will not be altered if the tower is located elsewhere." Ms. Karen Anderson, 920 West Wayzata Boulevard, asked if it is a common practice to combine a tax free property such as a church with a commercial use. She also asked if there is sufficient dry buildable land for the tower. Kelley replied, "I don't believe we have combined uses in the manner before." Mr. Hasek stated that he was not aware of the need to provide information regarding the dry buildable area. Mabusth stated that such information was not requested. Kelley asked why it would not be possible to put a 60* tower in Wayzata as opposed to installing a 150' tower three miles away. Mr. Hellerman replied, "That would not efficiently cover the area we must serve." Mr. Uban said, "We are here asking to install a public service structure. It is the height in excess of 65' that creates the need for the Conditional Use Permit." Kelley said, "I disagree that this is a public service structure. Cellular phones are only used by a small number of people who can afford them. I think there is a defined difference between utilities, such as electricity and gas, and Cellular phones." Mr. Uban replied, "Your ordinances address communications." Kelley said, "I know that is what the Ordinances state. It may be necessary to update the Ordinances to take into consideration such new technologies." - 11 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1588-U.S. WEST NEW VECTOR CONTINUED Bellows added, "This is a conunercial operation. It is not public service orientated. I am also concerned with the fact that the tower will be visible. People who live in Orono appreciate the rural character. If you were proposing to combine the tower with an existing structure, such as a water tower, there may be less opposition. You are proposing to inject into a residential neighborhood a very large and visible commercial structure. That is exactly the type of scenario we try to avoid in this City." Mr. Uban replied, "Public service does not mean just gas and electricity. It involves all types of utilities including communication. You cannot ignore your Ordinances in that respect. This is clearly within that definition. When talking about public services as a business, all utilities charge for their service. If you do not pay, you do not receive the service. There is no difference here." Rowlette said, "There are a lot of people in Orono that have Cellular phones. We may not be serving 100% of Orono residents, but we are serving a large number." Hanson agreed with Rowlette and added, "I believe that Cellular phones do fall under the category of public service." Moos said, "I concur with Maureen. This is a commercial use in a residential area. I believe there are other alternatives." Johnson agreed with Hanson. He said, "The church and daycare center are Conditional Uses, as are the Ham radio towers on private property. I do not see any distinction between those. I do not believe this will have a large commercial impact on the area. Cohen said, "I am having difficulty with the location. I believe there may be a need for the service, but don't believe it has to be that tower installed in that location." Johnson said, "I would be inclined to favor this more than structures that have been approved for other utilities. Those structures are generally constructed on substandard lots and do not meet any requirements. Placing the tower on the church property may mean that the site will be maintained." Hanson questioned whether it would be possible to combine the tower with an existing Ham radio tower in the same approximate location. Mr. Hellerman stated that the location of the nearest Ham radio tower is in the middle of residential housing. - 12 - Mm ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1588-0.8. WEST NEW VECTOR CONTINUED Mr. Gopinath stated that it is possible for U.S. West to go back to the drawing board and determine another search area that would provide the same results. There were no further comments from the public and the Public Hearing was closed. Kelley said, "Before we address the other aspects of this application, we should consider whether or not the Planning Commission will approve this Conditional Use." Mabusth asked the Planning Commission whether they interpret the code in such a way that permits this use. She said, "If you consider the Code section relative to accessory uses, this Conditional Use Permit application for a public service structure does not fit. I don't believe there is a section of the Code that addresses this use. If this were to fall within the guidelines for a public service structure C.U.P., there must be a 50' setback. The standards for a Ham radio structure do not apply. I'm not sure that our Code at this time allows this structure in a residential zone. I believe it would be appropriate to have a legal opinion from the City Attorney." Kelley asked whether the legal opinion should be rendered before the Planning Commission makes a recommendation. Mabusth believed that may be an appropriate was to proceed. Councilmember Callahan said, "If the Planning Commission should recommend denial of the C.U.P. then there would be no need for the City Attorney to render an opinion." It was moved by denial of the C.U.P. within a residential Nay. Motion carried. Kelley, seconded by Bellows, to recommend for a free-standing antenna to be located zone. Motion, Ayes-5, Johnson, Rowlette, #1589 MARCUS AND JUDY BLUE 2160 CRYSTAL AVENUE VARIANCES PUBLIC HEARING 8:15 P.M. TO 8:19 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. and Mrs. Blue were present. Mabusth provided a brief review of her memo dated September 13, 1990. She added that she has asked Mr. Blue to provide a drawing of the elevations. Mr. Blue showed the Planning Commission his sketch of the - 13 - ■ ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1589-BLUE CONTINUED elevations. He stated that he intends to change tne roof structure on the house in the near future. There were no comments from the public pertaining to this application and the Public Hearing was closed. Mabusth asked Mr. Blue whether he intends alterations to the deck. She informed him that necessary to apply for a variance to do so. to make any it would be Mr. Blue stated that he does not intend to do anything with the deck. Kelley asked Mr. Blue whether there are frost footings under the deck. Mr. Blue indicated that the deck has a floating slab. Bellows noted that a lot coverage Variance of .046% is also a consideration in this application. It was moved by Hanson, seconded by Moos, to recommend approval of the side and front street setbacks Variances and the lot coverage Variance to reconstruct a garage addition. Further it is recommended that approval be given for a sideyard setback Variance for any possible repairs to the existing porch. Kelley asked whether frost footings will be placed under the garage. Mr. Blue indicated that he did not intend to have frost footings. Mabusth stated that the garage will have to meet the Building Code. Bellows said, "This is a much more ambitious project than the drawings indicate. I am uncomfortable with the aspect of approving something that has not been included in the application (frost footings for porch). I also believe that the application is incomplete. I do not object to the project, but I do object to our voting on it without proper documentation. The application makes no reference to the roof project. I think it sets a bad precedent to approve this without having all the information required. I do not think the elevations provided by Mr. Blue are sufficient." Kelley suggested that the Planning Commission and staff should review the issue of application information at a later time. Motion, Ayes-6, Nays-0, Bellows abstained. Motion carried. #1590 MINNEGASCO, INC. 525 OLD CRYSTAL BAY ROAD NORTH CONDITIONAL USE PERMIT PUBLIC HEARING 8:27 P.M. TO 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Thomas Meyer and Susan Turbes, Minnegasco - 14 - i [ ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1590-MINNEGASCOr INC. CONTINUED Representatives, were present. *t-?^usth presented information relating to this application (s:’ , v.vnn<s Mabusth's memo dated September 12, 1990). She said, "1 r.;ive received the City Engineer's comments. He has approved the access. With regard to the concern of hazards created by the propane, the City Engineer states there is far less hazard with propane than with gasoline. There is very little opportunity for there to be an explosion. The City Engineer recommended that there be Minnegasco staff present while the vaporizing process is in operation. That is what Minnegasco has proposed." Mabusth provided pictures of a similar tanker and vaporizer located in Spring Park. Kelley asked whether the blue trailer is a permanent fixture. Mr. Meyer replied, "The blue trailer will be located in the fencing during the winter months. In the summer, all of the equipment will be removed, with the exception of a power pole and stand pipe that will be installed. The fence will remain on the property for the entire three to five years." Bellows noted that the fence will serve only as security, and not as a means of screening the equipment from view. Kelley asked whether the site will be illuminated. Mr. Meyer replied, "There will be a light on during the operation periods. Perhaps I should explain the process and purpose. We are trying to provide reliable service for our customers. Two years ago there was an incident in Mound where 1,000 customers lost gas service for a period of time. The temperature dropped to more than 20 degrees below zero. The problem is that the area has been growing faster than Minnegasco has been able to install additional pipes to provide service. The problems only occur on rhe extremely cold days of the year, in the early morning, when there is a maximum demand for gas. This will provide a temporary solution to that problem until there is enough of an increase in the area to justify a permanent solution. That solution is currently being designed, but we don't anticipate it to be installed for another three to five years. The unit that is mounted on the trailer will remain on the site during the winter. When there is a forecast in the winter for an extremely cold day, the tanker truck will arrive at the site around 4:00 a.m. The unit would be disconnected around 9:00 a.m. when the process is complete and the tanker will be removed." Kelley asked if there is any other location that would be - 15 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE I1590-MINNEGASCO, INC., CONTINUED suitable for this. Mr. Meyer replied, "We did consider other locations, but felt that this location is central to where there is the greatest need. The topography of the land in this location is desirable. We want a flat site that is just off of a major road and is readily accessible to our facilities. As a clarification, we will not be hauling propane as indicated by the City Engineer. We will haul liquified natural gas. The tank truck is a double- v/alled truck with a nickel-steel interior. It is designed to withstand the temperature of the liquified gas which is 260 degrees below zero." Mrs. Rose Mary Vickerman, 425 North Old Crystal Bay Road, asked if there will be much additional traffic resulting from this. Mr. Meyer replied, "The only additional traffic will be the tanker truck on extremely cold days. It will arrive and stay on the site until 9:00 a.m. or so." Mrs. Vickerman stated that there are many schoolbusses in that area around 9:00 a.m. She suggested that the tanker be left on the site until 10:00 a.m. Mr. Meyer stated that they could probably do that. Kelley asked how many times last year such a facility would have been utilized. Mr. Meyer stated three times. He said, may be used more." that the Spring Park facility was used "If we have an unusually cold winter, it Kelley asked if the three to five year term of the Conditional Use Permit was reasonable. Mr. Meyer replied, "We would be in this particular location for a maximum of five years. If the pipe has not been installed by that time, we would find another location." There were no additional public comments and the Public Hearing was closed. Kelley stated that he would prefer to have the 8’ fence screened. He added, "I would also like to require that should the plant material used for screening die, it must be replaced." Mr. Meyer replied, "Our code does not permit us to have vegetation in the area of the facility." - 16 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE I1590-MINNEGASCO, INC., CONTINUED Kelley asked whether plant material could be placed outside of the fence. Mr. Meyer stated that may be possible. We would have to request permission from VanDale (owner of the property) to screen outside of that area. It was the consensus of the Planning Commission that screening should be provided on the north, south and west side of the facility. It was moved by Kelley, seconded by Moos, to recommend approval of the C.U.P., with the condition that Minnegasco provide a sketch plan showing screening for the north, west and south side of the facility. Motion, Ayes-7, Nays-0, Motion carried. (Planning Commissioner Cohen departed at this point of the meeting.) #1555 LANDSTAR, INC. 2501 OLD BEACH ROAD PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING AND RENOTIFICATION Mr. James MacKinnon, Attorney, and Mr. Dennis Developer, were present. Sandin, Mabusth noted that Mr. MacKinnon had just left the Minnetonka Beach Planning Commission Meeting. She asked him to report on the action taken regarding this application. Mr. MacKinnon said, "The Minnetonka Beach Planning Commission gave a unanimous recommendation for approval. The Planning Commission questioned whether we intended to add fill in a particular location. I informed them we did not. JoEllen Hurr indicated that she would recommend that the outlot be separated according to the property within Minnetonka Beach and Orono so each City will have its own outlot." Mabusth depicted the outlot to which Mr. MacKinnon referred. She said, "It is necessary for each City to have a separate outlot because of the different City Ordinances each City will use to govern the outlot." Mr. MacKinnon continued. He said, "Ms. Hurr also indicated that she may recommend to Council that they not allow any outlot in that location at all, but require it to be part of Lot One and Lot Two. She stated that she does not trust the University of Minnesota. She is concerned that the Foundation may give the outlot to the University some time in the future. The Planning Commission did not include that suggestion in their motion. The - 17 - i OKONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1555-LANDSTAR, INC., CONTINUED Minnetonka Beach Maintenance Person informed us that a connection does not exist where we are intending to hook up water II Mabusth replied, "Our City Engineer has reviewed this and he has recommended that the extension continue up to Lafayette Ridge so that we can create a loop system. If there is any discrepancy, we will have the City Engineer review that further." Mr. MacKinnon said, "The Maintenance Person also told me that the lower portion of Old Beach Road is asphalt over old logs. When we run our pump system through there, we will have trouble. We did receive unanimous approval of the proposal as presented with no extraordinary recommendations." Mabusth said, "The wetlands are designated at the 932' elevation. My memo indicated that I would show the various building envelopes and area calculations. I will show that now." Mabusth showed the Planning Commission the building envelopes for each of the proposed lots in relation to the setbacks and wetland. She noted that all of the lots easily meet the half acre dry buildable requirement. Mabusth asked Mr. Sandin why Lot 8 was being proposed as an outlot. She said, "That lot satisfies all of the zoning requirements for the B-4 Zoning District." Mr. Sandin replied, "If we had showed that lot as something other than an outlot, it would have been necessary to show an access from County Road 19 and to determine a building pad." Mabusth said, "That lot is a commercial lot, not residential. Also, it may be necessary for the Freshwater Foundation to go through a re-plafing process to convert Outlot B to a lot. According to Orono's Code, it is not possible to construct anything on any outlot." Mr. MacKinnon agreed that Outlot B should be a lot. He asked Mabusth if a sufficient review has been done to confirm that Outlot B does in fact comply with the necessary standards to be a lot. Mabusth indicated that such confirmation has been made. Mr. MacKinnon said, "Then we would like to make this a lot." Kelley asked how large the houses proposed for these lots will be. Mr. Sandin replied, "The houses will be approximately 4,000 to 5,000 s.f." - 10 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1555-LANDSTAR, INC., CONTINUED Mr. Dave Schneider, Old Beach Road, expressed his regarding the location of the driveways in relation intersection of Old Beach Road and County Road 19. concern to the Mabusth stated that the City will exercise caution in locating the driveway accesses. She informed Mr. Schneider that this proposal is only preliminary and that necessary changes will be made prior to final approval. Kelley said, "We are specifically designating the building envelopes in this subdivision. In the past, there have been cases where house plans have been in excess of v/hat pre~designated building pads will allow. The City has been asked to grant Variances in those situations. I am stating my position at this time. I am not going to recommend approval of any Variances for any of these lots. That is my personal opinion. These lots are very unique because of the wetland and Old Beach Road." Mabusth noted that these lots will not only be controlled by setback standards, but also by lot coverage requirements. Mr. MacKinnon stated that he will draft a memo to his client in that regard. There were no additional comments from the Public regarding this application and the Public Hearing was closed. It was moved by Johnson, seconded by Hanson, to recommend approval of the Preliminary Subdivision for E.IV. Blanch at 2501 Old Beach Road, subject to staff recommendations A through G, and Chairman Kelley's notice to the Developer regarding future Variances for houses constructed in this subdivision. Bellows added that this site is very sensitive and that the City will make every attempt to assure that the delicate character is maintained. Kelley asked whether Mr. Blanch has considered donating the Outlet to the Nature Conservancy or the City of Orono to assure that it will be protected. Mr. MacKinnon stated that Mr. Blanch is on the Board of the Freshwater Foundation. Motion, Ayes-6, Nays-0. Motion carried. COMMENTS OF PLANNING COMMISSION REPRESENTATIVE COUNCIL MEETING OF SEPTEMBER 10, 1990 Moos briefly discussed the Rebers application. APPROVAL OF MINUTES-AUGUST 20, 1990 PLANNING COMMISSION MEETING It was moved by Johnson, seconded by Hanson, to approve the minutes of the August 20, 1990 Planning Commission Meeting. Motion, Ayes-6, Nays-0. Motion carried. - 19 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 PLANNING COMMISSION REPRESENTATIVE It was agreed that Jeff Johnson would be the Planning Commission Representative at the October 8, 1990 Council Meeting. ADJOURNMENT The September 17, 1990 Planning Commission meeting adjourned at 9:17 p.m. - 20 -