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HomeMy WebLinkAbout11-19-1990 Planning MinutesMINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 19, 1990 ATTENDANCE 7:00 P.M. The OronD Planning Commission me“. on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Jeffrey Johnson, Maureen Bellows, Ed Cohen, Jim Hanson, 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 Edward Callahan was present, as well as Councilmember Peterson. #1584 ROBERT RADUNZ - 1066 LOMA LINDA AVENUE AFTER-THE-FACT VARIANCE CONTINUATION OF PUBLIC HEARING 7:00 P.M. TO 7:02 P.M. Mr. Radunz was present. Gaffron briefly revievied Mr. Radunz's application and showed the areas where hardcover will be removed from the property. He said, "Hardcover will be reduced in the 0-75* zone from 6.61% to 1.12%. In the 75-250' zone, hardcover will decrease to 49.5% from 69.6%." Kelley asked Mr. Radunz whether his neighbors had any objection to the deck. Mr. Radunz stated that he has written documentation from his neighbors indicating that they do not object to the location of the deck. There were no comments from the public regarding this matter and the Public Hearing was closed. It was moved by Kelley, seconded by Cohen, to recommend approval of the hardcover, average lakeshore setback and side setback Variances for an after-the-fact deck, co.nditioned on hardcover being decreased to 1.12% in the 0-75’ zone and 49.5% in the 75-250' zone. Motion, Ayes-6, Nays-0. Motion carried. #1591 ORVILLE FISHER - 3300 FOX STREET CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 7:04 P.M Mr. Fisher was present. TO 7:06 P.M. Gaffron displayed a sketch of Mr. Fisher's property and showed where grading had occurred. He said, "The City Engineer has reviewed this and believes this is an appropriate grading plan, even though it is more extensive than what is normally done. There was some grading work done in the 0-75' zone. The City required Mr. Fisher to immediately restore that area to its original state. Staff is satisfied that the area has been fully restored." - 1 - > * 1 i ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1591-FISHER CONTINUED There were no 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 a Conditional Use Permit for grading work at 3300 Fox Street, subject to Staff recommendations and based on the need for such grading to improve drainage conditions. Motion, Ayes-6, Nays-0. Motion carried. #1600 RICK'S SUPER VALO - 3333 SHORELINE DRIVE VARIANCE/COMMERCIAL SITE PLAN REVIEW PUBLIC HEARING 7:07 P.M. TO 7:51 P.M. Mr. Richard Bloomquist, applicant, Mr. Bruce Kelley, Consultant with Planmark Engineering and Architecture, and Mr. Lyle Fuller, Representative for Super Valu, were present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth reviewed the pertinent information relative to Mr. Bloomquist's application. She saic, 'Note that the addition will extend from the southwest corner of the building to within 10' of the west lot line. This is due to a receiving dock that is proposed at 28 feet in width connected to a 45 foot addition." Mabusth asked Mr. Bloomquist how many parking spaces had been removed as a result of upgrading County Road 15. Mr. Bloomquist replied, "I believe that there were approximately 140 spaces prior to the County Road 15 project." lost. Mr. Fuller stated that approximately 15 to 20 spaces were Mabusth provided a brief history of the Super Valu property and previous applications (see Jeanne Mabusth's memo dated November 16, 1990). Chairman Kelley asked if any of the property owners living close to Super Valu were present this evening. There were none present Chairman Kelley expressed concern regarding the noise that may be generated from the receiving dock on the west side of the building. Mr. Fuller stated that the plan is to split the delivery system for the store. He said, "The delivery system on the east side of the building would still be used. Because of the internal layout of the store, some of the deliveries would be made on the west side." - 2 - w 1^' V'- ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1600-RICK'S SUPER VALU CONTINUED Chairman K>slley asked what times of the day deliveries would be likely to occur. Mr. Bloomquist replied, "All delivery traffic should be in and out by 11:00 a.m. Deliveries to the west side of the building will probably be completed by 10-CO a.m. The first deliveries would arrive around 7:30 or a.m. The west side of the building will receive the frozen foods and dairy products. Shipments would be received only three days a week. There is a delivery dock already on that side of the building." Chairman Kelley commented, "The proposal is to bring that dock closer to the property line and the residential a.-ea." Mr. Fuller said, "This is not as intense as it appears. V/e can control the delivery hours at the time the delivery request is made. It is necessary to control the hours so there is no interference with customer parking." Chairman Kelley agreed that customer parking might make it difficult for the semi-trailer trucks to leave the premises. Habusth next addressed the existing and proposed drainage for the property (see Jeanne Mabusth's memo dated November 16, 1990). Mabusth said, "The City Engineer cannot confirm that the proposed retention pond will address the drainage from the addition because design specifications have not been provided. I have spoken with Ron Quanbeck from the Watershed District and he indicated that filing of the permit application has not yet been completed." Cohen recollected that in the past there has been significant concern expressed about drainage from th^’ Kelly Avenue residents. Mabusth confirmed Cohen's statement. Cohen stated that he was surprised that there were no Kelly Avenue residents present this evening. Mabusth noted that the only letter the City received came from a resident on the north side of Shoreline Drive who supported the Super Valu expansion. She added, "That property owner is not impacted by the drainage from this property." Bellows asked if there are other drainage options to explore in the event the City Engineer determines that the proposed retention pond will not work. Mabusth replied, "Staff is recommending that no taken on this matter until such issues are resolved." action be - 3 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE 11600-RICK'S SUPER VALU CONTINUED Chairman Kelley asked nhe Planning Commission to cornmen^ on the parking stall variance proposed. Cohen stated that it is difficult to consider an intensification of the building in conjunction with a decrease in parking stalls. Hanson stated that he had the same concern, but questioned whether the applicant has done an occupancy survey. Bellows said, "Parking formulas are just that. I cannot say that I have ever driven by Rick's Super Valu and seen the parking lot full. I am not certain that decreasing the parking stalls is a real issue." Chairman Kelley asked Mr. Bloomquist whether his lot is used for parking by bus riders. Mr. Bloomquist replied, "I know of two people that use the parking lot for that purpose. If it begins to pose a problem, I may have to ask them to use the public parking across the street. Up until now, there have been no problems." Johnson stated that he concurred with Bellov/s. Cohen stated that he was not aware that the parking lot rarely filled and that he too agreed with Bellows that parking should not be an issue. Chairman Kelley stated that drainage is the next issue to address. Mr. Bruce Kelley said, "We are proposing a retention pond by constructing a dike, retaining the existing vegetation, and preserving the vegetation between the bituminous and lot line. We are also proposing to replace vegetation in kind to screen the pond. There will be approximately 8,000 cubic feet of additional storm water storage in the pond. The increased drainage resulting from the addition will be approximately one-fourth of that. I have reviewed our proposal with Ron Quanbeck at the Watershed District. His concerns center on the storm water storage south of this property, on Kelly Avenue. There was a study done in 1972 to solve some of that problem, however none of the recommendations wore instituted. There apparently is no significant property damage, only flooding of the street and low lands. The expansion will not increase that runoff, and may decrease the 100-year runoff level of the first low area by 1/lOth of a foot." Bellows stated tnat the building elevations need to be provided. She said, "The wall on the southwest corner of the - 4 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #16C0-RICK'S SUPER VALU CONTINUED building is 14’ nigh. That is a very steep slope coming from a very high retaining wall. The retention pond is deceptive because it is really very shallow. Tne building elevations is an important element that we are currently lacking. Mabusth concurred that the proximity of the retaining wall to Kelly Avenue may pose a problem not only from a drainage aspect, but also from a safety standpoint. Mr. Bruce Kelley stated that there would be a completely around the retaining wall. railing Bellows stated that she did not think such a proposal would be aesthetically pleasing to the residents living in that area. She said, ”I am also concerned that we are being asked to approve intensification of this building in the one corner that is facing and nearest to residential property." area. Mr. Bruce Kelley stated that screening is proposed for that Bellows said, "I would need to see what is proposed. I am having a difficult time imagining how screening can occur without the benefit of terracing." Chairman Kelley asked why it would not be possible to construct a retention pond with more depth. Mr. Bruce Kelley replied, "That is a possibility. There is a City water main running through that location v;hich may restrict the depth." Chairman Kelley said, "The City ordinances require that drainage from a property be handled by that property. Because of the great amount of blacktop on this property, that is not being done. I believe that the proposed .etcition pond should be constructed to more effectively handle runoff currently coming from the property, not just that coming from the addition." Bellows stated that three-quarters of the retention area could be deepened without interfering with the City's water line. Mabusth asked the Planning Commission to consider whether they would recommend approval of expanding the receiving dock on the southeast corner of the store. Chairman Kelley replied, "I would feel more comfortable with the southeast corner of the store because the bank is located on that side." Mabusth noted that there are steep elevations on that side 5 - i Mm ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1600-RICK'S SUPER VALU CONTINUED of the building as well. Mr. Bloomquist said, "There is currently grass on the 30' hill. If the expansion took place on the southeast side of the building, it would be necessary to blacktop a portion of the hill." Bellows asked whether it would be possible to locate the addition further north on the east side of the building. Mr. Fuller stated that there are utility issues along the east side of the building. He said, "It is very expensive to move the utilities. VJe had initially looked at that and decided that it would be cost prohibitive to expand on that side of the building." Mr. Fuller referred the Planning Commission to the sketch of the interior layout of the store. He said, "The proposal before you thi~s evening is the plan that will best work with the existing layout of the store. We do realize that there is a problem with the elevations along the southwest side of the building. We will need to address the Fire Code requirements. Vhe addition will also include a trash compactor." Bellows and Chairman Kelley asked what level of noise will be generated from the trash compactor, how many times a day it will operate, and how often it will need to be picked up. Mr. Bloomquist replied, "I am estimating that the trash would be picked up once a week. The compactor will probably function six or seven times a day. I am not sure what the noise level is." Chairman Kelley asked whether it would ba possible to relocate the trash compactor to the east side of the building. Mr. Fuller replied, "That may be possible. With regard to the noise issue, please remember that the Keaveny building is between Rick's and the residential area." Mabusth depicted for the Planning Commission v/nere the residential area is located in relation to the commercial properties. Johnson asked whether it would ba realistic to dead-end Kelly Avenue with a cul-do-sac. Mabusth said, "Nearly all residents from that area, to which I have spoken, have indicated that they would lika Kelly Avenue closed off as a through road. The access is too close to the intersection of County Road 15 and 19. Attempts to move west - 6 - ORONO PLANNING CC.*'»*tsSION MEETING NOVEMBER 19, 1990 ZONING FILE #1600-RICK'S SUPER VALU CONTINUED from the intersection are restricted by cars slowing down for signal at the County Road 15 and 19 intersection. There are issues that would need to t addressed such as emergency vehicle response time. This issue would be a separate vacation application- I believe it makes sense." Johnson said, "I too think it makes sense. I think it would make this setback Variance a bit more palatable if Kelly Avenue v;ere vacated." Mabusth added that there would also be more room for parking if Kelly Avenue were vacated. Chair-nn Kelley said, "I think we should proceed v/ith this application with the premise that the road is not going to be closed." Johnson said, "It would be possible for Mr. Bloomquist to petition the City to vacate Kelly Avenue. That is an option available to him." Chairman Kelley asked how long a vacation process would take to complete. Mabusth replied, "If it is Mr. Bloomquist.'s wish to pursue the vacation, it would be possible for the Public; Hearing to be held at the January Planning Commission meeting." Johnson said, "In my opinion, the vacation oL Kelly Avenue is required if the Super Valu expansion is to occur." Bellows, Moos, Hanson and Cohen concurred with Johnson. Chairman Kelley said, "There is additional information that we need in addition to the vacation. We need to see the elevations, sketch plans on screening and retaining walls, and the design for the retention pond. It will be necessary to consider what impact on drainage there may be if Kelly Avenue is vacated." There were no comments from the public and the Public Hearing was closed. It was moved by Kelley, seconded by Moos, to table application #1600, Rick's Super Valu. Motion, Ayes-6, Nays-0. Motion carried. i I - 7 - ORONO PLANNING COrWISSION MEETING NOVEMBER 19, 1990 #1601 WELDON » PHYLLIS DUNN - 40 STUBBS BAY ROAD SOUTH VARIANCE PUBLIC HEARING 7:52 P.M. TO 7:53 P.M. Mr. and Mrs. Dunn were present. The Affidavit of Publication and Certificata of Mailing were duly noted. reviewed the Dunn's application »see Michael Gaffron's memo dated November 9, 1990). There were no public comments regarding this application and the Public: Hearing was closed. Bellows commented that the Dunn's proposal appvitir.d “o have characteristics more similar to a room than a porch. Mr. Dunn stated that the addition will be a three-season porch. Gaffron stated that the setback requirements are the same for a porch us they are for a three-season porch or a room. It was moved by Hanson, seconded by Johnson, to recommend approval of the side setback Variance to construct an addition to the C'xisting residence at 40 Stubbs Bay Road South. Motion, Ayes-6, Nays-0. Motion carried. #1602 DON COPLEY - 1185 TONKA47A ROAD RENEWAL VARIANCE PUBLIC HEARING 7:54 P.M. TO 7:55 P.M Mr. Copley was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabustn stated that there are no changes in this application from what 'Ir. Copley proposed approximately one year ago. She said, "The Planning Commission had previously denied the Variance for hardcover in the 75-250' zone. Council visited the site and reviewed this application at two meetings. Council approval was based on the apparent need for a turn-around to eliminate backing onto Tonkawa Road. Approval was contingent on removal of an existing shed." There were no comments from the public pertaining to this application and the Public Hearing was closed. It was moved by Kelley, seconded by Hanson, to recommend approval of the reiwal Variance for an addition to the existing structure at 1185 Tonkawa Road. Motion. Ayes-6, Nays-0. Motion carried. - 8 - 1 i jT'r'ijrr ■ '■ f ; OROtiO PLANNING COMMISSION MEETING NOVEtiBER 19, 1990 #1603 IRWIN JACOBS - 1700 SHORELINE DRIVE VARIANCE PUBLIC HEARING 7:56 P.M. TO 8:05 P.M. Ms. Karen Quinby. Jensen Homes, representative for Mr. Jacobs. was present The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth provided a brief review of her November 15, 1990 memo. She not«»d that if this parcel were combined with the estate parcel, it would be necessary to only consider approval of two Variances. Kelley said, "I view this as two separate parcels. In my opinion, I cannot recommend approval of this proposal." Mabusth said, "Mr. Jacobs has submitted a letter indicating a willingness to legally combine the parcels." Kelley said, "That would shed a new light on this application. I would be willing to consider the two parcels as a whole, once the legal combination has been completed." Cohen said, "I am not sure that legally combining the parcels would change my opinion. However, I am certain that I cannot approve four Variances for a 2.7 acre parcel." Moos agreed that she could not approve four Variances for a 2.7 acre parcel. Johnson concurred with Cohen. Ms. Quinby asked the Planning Commission. "Are you saying that you may not approve this even in the event the parcels are combined?" Kelley replied, "We do not know that for sure at this point." Ms. Qf.inby said, "You are asking that we combine the parcels and then come back again." Mabusth clarified, "The Planning Ccjmmission is asking you to bring back a plan showing the combined parcels." Bellows said, "My objections focus on the helter-skelter nature of the buildings and the commercial characteristics and placement of the greenhouse. I believe the structure would stand more of a chance if it were more residential in appearance. I also find it difficult to approve the construction of this greenhouse on a 2.7 acre parcel." - 9 - f m I ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ofZONING FILE #1603-JACOBS CONTINJED Hanson said, "I gave this application quite a bit consideration and am perhaps the minority here. I agree somewhat with Maureen's comments relative to the structure itselt. However, the property is effectively under the control of one owner. I believe that there are exceptions to the basic planning considerations to which we have a responsibility to adhere. Our particular set of ordinances do not help us address properties of this nature. Given the size of the parcel, if combined, I do not object to this proposal." Bellows compared this proposal to the Pillsbury application. She said, "Though this parcel is larger in size, and therefore less dense, the structure proposed is not in keeping with the exceptional nature of this property. My inclination is to deny this, or table it to allow the applicant time to bring back a proposal for the combined properties. Ms. Quinby stated that the greenhouse will be located far enough back on the property so it will be virtually impossible to see from the road. She said, "If it is necessary for us to combine the properties in order to have a chance for approval^ I would prefer that the matter be tabled." There were no public comments regarding this application and •che Public Hearing was closed. It was moved by Cohen, seconded by Bellows, to table application #1603, Irwin Jacobs. Motion, Ayes-6, Nays-0. Motion carried. Ms. Quinby asked when this matter would be scheduled for reviaw again. She said, "If I had known this was going to be tabled for us to combine the properties, we would have done that prior to this meeting." Mabusth asked the Planning Commission to provide some direction to the applicant. She said, "You have tabled this to allow time for the applicant to combine the parcels. The applicant has submitted a letter indicating his intention to do that. What additional information would you like to see? What were your other reasons for tabling?" Kelley said, "By combining the parcels, the property owner has more leverage." Ms. Quinby reiterated that it has been Mr. Jacobs' intention all along to combine the parcels. Mabusth noted that it would be necessary to grant certain Variances even if the parcels are combined. She asked the Planning Commission why they are tabling this application. Sue - 10 - J ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1603-JACOBS CONTINUED said, "Ic is necessary to approve Variances because your code doss not address accessory structures for an estate of this magnitude. However, Maureen raised another issue, which is the aesthetic characteristic of the greenhouse structure. Is that an issue that must be addressed in order for the Planning Commission to give a positive recommendation?" Bellows replied, "That issue is important to me." Hanson replied, "If a greenhouse of this design were going to bo constructed on a five-acre parcel, I would feel more strongly about aesthetics." Ms. Quinby said, "You may look at the aesthetic nature of the greenhouse. However, the flowers that will be grown in the greenhouse will supply the 6300 square feot of flower beds on the property. That aesthectically enhances the property. I can understand why Mr. Jacobs would prefer to grow all those flowers on site." Cohen said, "I would still like to see the properties combined prior to giving a recommendation. I would like to see a layout of the entire parcel showing where the accessory structures are located. Density is not an issue if the buildings are spread out. However, if they are located fairly closa together, that is entirely different. I cannot determine that by looking at the information presented this everting." Hanson said, "I would feel comfortable acting on this, I i^ould vote positively, contingent on the properties being J.egally combined." Johnson concurred with Hanson. Kelley askad what unique hardships could be cited to avoid the possibility of setting a precedent. He said, "We are considering approval of a Variance to an ordinance that we just passed. Where do wo draw the line as to what constitutes an estate?" Johnson said, "In my opinion, the size of this parcel, which is located ia a two-acre zoning district, is a unique characteristic." Ms. Quinby said, "It is my opinion that the two full time caretakers that are housed on the property constitute a unique characteristic. It is unlikely that someone with a five-acre parcel would have tv,o full-ti;.ie caretakers. Also, if this application is d»jlayed, it will not be possible to use the greenhouse until next year. That is why we are trying to get this approved at this time." - 11 - r n ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1603-JACOBS CONTINUED Hanson said, "Tho City is in possession of a letter indicating Mr. Jacobs' willingness to legally combine the parcels. I would bo willing to recommend approval based on that." It was moved by Cohen, seconded by Johnson, to withdraw the motion to table this application. Motion, Ayos-5, Cohen. Nay. Motion carried. It was moved by Hanson, seconded by Johnson, to recommend approval of the following Variances, provided that the parcels are legally combined: (1) Five oversized accessory structures on a property that already contains one, for a total of six oversized accessory structures; and (2) a Variance to allowed total area for rccessory structure on a property. The allowed is 6,000 s,f., proposed is 10,795 s.f. Tne hardship is the size of this parcel in relation to the zoning district in which it is located. It is further recommended that the applicant provide a comprehensive plan of the combined parcels for Council review and that covenants be filed on the chain of title pertaining to the accessory structures and future subdividing of this parcel. Motion, Ayes-'l, Bellows and Cohen, Nays. Motion carried. Cohen believed that the application was forced ahead and preferred to see a comprehensive plan before making a recommendation. Bellows concurred with Cohen and reiterated her ccmmencs regarding the commercial appearance of this greenhouse structure. #1604 CLAIR ROOD - 2215 KENWOOD V/AY CONDITIONAL USE PERMIT PUBLIC HEARING 8:30 P.M. TO 8:40 P.M. Mr. Rood v/as present. The A.ifidavit of Publication and Certificate of Mailing were duly noted. Gaffron summarized the information contained in his November 15, 1990 memo. Ms. Lorraine Moss, 3335 Crystal Bay Road, expressed concern about Mr. Rood's proposal destroying the characteristic of the wetland. She stated that the wetland is a wildlife habitat and that she would hate to see anything happen to change it. Mr. Rood said, "I have lived on the property for two years aid have seen little wildlife in the wetland. The culvert that extends across Navarre Lane has been there for some time. When I bought this property, the house was unfinished. The body shop on the corner dumped .ill of their trash in the pond for many years. j. have changed my proposal and no longer intend to dig the pond to a twelve foot depth. The Army Corp of Engineers sent me a letter indicating the ramifications of doing that. My surveyor - 12 - ■ ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1604-ROOD CONTINUED has re-drawn the pvond and it will now be five feet deep with a gradual slope on the sides. I want to excavate the pond so there is some water in there. I do not intend to destroy any of the wildlife habitat. I started cleaning out the debris and found that there is a 4" gas line exposed near the culvert under Navarre Lane." There were no further comments from the publi this matter and the Public: Hearing was continued. egarding It was moved by Cohen, seconded by Moos, to table this application until further, necessary information is received. Motion, Ayes-6, Nays-0. Motion carried. #1605 DR. RICHARD LINDSTROM - 1065 WEST FERNDALE ROAD VARIANCES PUBLIC HEARING 8:43 P.M. TO 8:49 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Paul Bedker, Dr. Lindstrom's Architect, and Mr. Charles Lindstrom, wex’e present. Cohen indicat»id that it wou'.d be necessary for him to abstain from discussion and voting on this matter because of his professional relationship to the applicant's representative. Gaffron reviewed the information pertaining to Dr. Lindstrom's application (see Michael Gaffron's memo dated November 15, 1990). Bellows said, "Before wa get too involved in discussion, I would like to say that I see absolutely no hardship for the Variances requested. I find it hard to believe that such requests have been brought before us." Hanson said, "I agree with Maureen, but feel that everyone must have their opportunity to present their case. It may be that our Code does not fully address the average lakeshore setback in relation to this property- However, that is a moot point, because I cannot consider the ot:her aspects of this application." Johnson asked Mr. Bedker if consideration was given to the City's setback and hardcover requirements when designing the proposed additions. Mr. Bcidker replied, "The plans before you represent the ideas of. Dr. Lindstrom." Kelley said, "From my point of view, I may vote favorably for the second story addition. If you wish to submit a new - 13 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1605-LINDSTROM CONTINUED application showing only the need for setback Variance, I would consider that." an average lakeshore The Planning Commission agreed with Kelley. Bellows added that she may have difficulty approving even the second story addition. There were no public comments regarding this application and the Public Hearing was continued. It was moved application #1605. Motion carried. by Kelley, seconded by Johnson, to table Motion, Ayes-5, Nays-0, Cohen abstained. #1606 BIG ISLAND, INC. - BIG ISLAND RECORD LOTS 12 & 19 CONDITIONAL USE PERMIT PUBLIC HEARING 8:50 P.M. TO 9:05 P.M. Mr. Thomas Judd was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth provided a brief summary of her November 14, 1990 memo. Kelley asked how this use varied from that of the Pov/er Squadron. Mabusth replied, "The question is more how this varies from the use proposed for Deering Island. That was denied because it was proposed by a 'for profit' organization. It is supposed to be non-profit." Mr. Judd referred to a letter he had written in January, 1985, setting out the use and ownership information. He said, "Basically, we are comprised of a group of people, mostly from the Excelsior area, who wished to have a bit of Lake Minnetonka and Big Island for private use, but could not afford to live on the lake. This group came together informally, at first, to try to form an organization to purchase some property. Vie bought parcel Tv/o and it was determined that the manner in which we wished to use it long term, would not comply. We then began negotiating to purchase Lot One, and were succsssfu.’ in doing so. We had survey information indicating that the combined lots exceeded five acres. The group consists of approximateLy 40 families that are ov/ners. The property is ur.ed as a recreational, day use primarily, with some overnight camping. The average number of boats at the docks is approximately two to four. The highest use that I have seen may have approached 100 people. Wo do not have a 'for profit' organization. Wo usually operate at a loss and receive subsidies from the owners for - 14 - 11 liTliiriliniA ii ftli tfiii « w ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606-BIG ISLAND, INC. CONTINUED operating expenses. I would like to apologize to the Planning Commission. It v;as my understanding that the necessary permits were to be obtained and had assumed that had been accomplished." Kelley said, "The issue is v/hether or not there are five acres. Mr. Judd explained, "It was our understanding, from a 1986 survey, that 'we h«id at least five acres. According to the surveyor, the survey was drawn taking into consideration the proper elevations for wetlands. However, I have been unable to confirm that." Kelley said, "If we assume that the parcel is five acres, then all other criteria is met," Hanson questioned whether the non-profit organization aspect is a serious issue. Mr. Judd stated that his group has not filed the appropriate documents to obtain a non-profit organization designation. Hanson asked if it would pose a problem if the group were asked to do that. Mr. Judd replied, "V/e would meet the qualifications and v/ould do that if necessary. However, it is a tedious process." Bellows stated that it is difficult to classify this use. Hanson said, "I am asking for the non-profit designation to assure that this is not a real estate investment." Mr. Judd replied, "It is not a real estate investment. We tell people coming in, if that is their intention, that this will not meet their needs and will disappoint them and that they are not welcome. The people involved have a definite idea about how this property is to be used. It is purely recreational. If we were an association, rather than a corporation, it would be necessary to meet. The corporation was a vehicle to serve this organization v/ith multiple o'/ners. We needed to acquire financing in order to purchase the property." Bellows asked Mabusth to elaborate on the use of the structure. Mr. Judd explained. "The structure was originally built as a single-family, seasonal residence." Bellows said, "That is what concerns me about its use for so many people. I have questions about liability, fire and toilet - 15 - it ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606-BIG ISLAND, INC. CONTINUED facilities.“ Mr. Judd replied, "There is a plumbing in the facility on Lot One. an outhouse." septic system and indoor On the other lot, there is Bellov ..•-.d v/hat standards would apply to allow the house to be used aT. this manner. Mabusth noted all pertinent standards of the ordinance, similar to the type of review completed for Big Island Veteran's Camp. Bellows stated that she would like the City Attorney's opinion on the organization, and the City's liability for the residential structure being used in this manner." Mabusth stated that the City Attorney's opinion would be obtained. Mr. Judd advised that the structure is used primarily as a shelter in the event of inclement weather. He said, "Most of the visitors to this site come in open boats and run-abouts. The house is the only shelcer on the island. From time to time people stay overnignt in the facility if they make appropriate reservations and pay a deposit." Bellows asked hov/ that is policed. She said, "We were very careful in requiring certain criteria for the Veteran's Camp. I see no such criteria here, even though this is a similar use." Cohen said, "Mr. Judd just referred to making reservations and taking deposits. That sounds like a business." Mr. Judd explained, "That is merely prudent management of the facility. Wa want to make sure that only one couple is staying there overnight aid they are responsible for the care and maintenance of the facility. Tie security deposit is used to pay for utilities and insurance.' Kelley asked, "If all other criteria is met, would the Planning Commission recommend approval of this use for the property. The City is trying to encourage this type of use for Big Island. From my point of view, I would like to see something like this happen out there. Tne question is what needs to be done aid what criteria must be met to accomplish that. I would recommend that Staff work with the applicant." Cohen recommend.jd that the corporation do whatever necessary to obtain a non-profit designation. - 16 - 1 i ! I ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE #1606-BIG ISLAND, INC. CONTINUED The Planning Commission agreed as a whole that it v/ould like to see this application approved, provided all aspects of safety, legal liability, etc. can be properly addressed. Ms. Deborah Page, a representative of tne Erickson's, owners of land adjacent to the subject property, stated that she had sent a letter to the Planning Commission members expressing her client's concerns. She said, "If City Staff works with Big Island, Inc., I believe that my client's concerns will be addressed." Cohen suggested that Ms. Page may wish to also work v/ith City Staff and Big Island, Inc. There were no further comments from the public and the Public: Hearing was continued. It was moved by Cohen, application #1606, Big Island, Motion carried. seconded by Moos, to table Inc. Motion, Ayes-6. Nays-0. REBERS CONSTRUCTION - 2008 SUGARWOODS DRIVE REQUEST TO ENCROACH FRONT/STREET SETBACK AREA Mr. Sid Rebers, M.:. Scephen Pflaum. Mr. and Mr. Bob Kost were present. Rebers' attorney Mr. Pflaum began by providing a history of the events that had taken place to determine how these requests would be addressed by the City, Planning Commission and Council. Ha then addressed the specific request before the Planning Commission this evening. He said, "This house meets the design criteria of the Sugarwoods Comprehensive Plan. The house is all but completed and the owners are due to move in shortly. The property owners do not want to have the turn-around located in the front yard, adjacent to the house. They v;ould prefer it to be on the other side. It is my understanding that the square footage of the drivev/ay and turn-around v^ould be less than the driveway approved v/ith the building permit. However, the revised proposal does encroach into the 50' front street setback area. This is the largest lot in the subdivision. The total construction on this lot is substantially less than what is allowed. The property owners have consumed everything and are now asking for more space. This is a design and aesthetic issue with the homeov/ner. In the future, to avoid this situation from occurring after the house is constructed, we would ask the builders to v/ork with Staff so that these situations may be brought before the Planning Commission before the building permit is issued. VJe will probably be coming before you v/ith a majority of the lots in this subdivision. We are also considering an abbreviated procedure - 17 - 1 ifii rii I 1L ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 REBERS CONSTRUCTION CONTINUED for approval which would require only Planning approval and eliminate the need for Council review." Commission Planning Commission members thanked Mr. PfJaum for his comments. Kelley stated that with either proposal, the drivev;ay width is more than 20' within the 50' front street setback line. Mabusth showed hov/ Staff had measured the driveway v/idth. She said, "There is a triangular section that was taken out because it did e^itend beyond the allowed 20 foot width." Kelley stated that he v;ould have measured the driveway using a different method. Hanson clarified, "Staff measured perpendicular to center line of the drivev/ay, as opposed oo 20' straight in." the Bellows stated that it was the intent of the Planning Commission to keep the driveway width as narrow as possible. She said, "It was my understanding that tne drivev/ay would be a straight shot, and would consume the least amount of that area as possible." .Mr. Pflaum stated that the curved drivev/ay configuration resulted from the topography. Kelley said, "The curve may be appropriate for this lot. However, in the future, I want Staff to understand that the Planning Commission would like the dcivev/ays to come in a 5 straight as possible to the building pad. Beyond that point, the homeowner may do as he/she wishes." Mabusth asked whether it would be necessary to have the Planning Commission raview each driveway that did not come straight into the property. Kelley and Cohen believed that it should be left to Staff's discretion. Bellows objected. She said, "I am very disturbed to see that we are being presented with these after-tho-fact. It should have been vary clear at the permit stage that this did not meet our objectives and requirements. I agrae that the homeowner should not have had to put the turn-around in his front yard. However, the house plans should have been adjusted accordingly, rather than asking the City to adjust its standards. Ti-.at is why I am concerned about leavi-ig this type of decision to Staff's discretion." - 18 - ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 REBERS CONSTRUCTION CONTINUED Kelley said, "VJe are being asked to review and vote on these applications. If Council agrees with an abbreviated procedure, it would not be necessary for Council to reviev; each of these cases. Another alteration I would like to see in this process is that comparable area within the building envelope be reduced if alternate back-up aprons are approved within the 50' front street setback area." Mabusth stated that is already being done. Hanson said, "In ray opinion, the problem is an inappropriate plan for the considerations." Cohen said, "I agree. However, the house is constructed. Our purpose this evening is to vote on the Variance and I have indicated to Mr. Pilaum that I see no problem with this." It v/as moved by Cohen, seconded by Johnson, to recommend approval of the turn-around and drive%/ay configuration for 2008 Sugarwood.s Drive as proposed, and that screening be provided from the street. Bellows asked if the motion could be amended to include language stating that this in no way sets a precedent and that each property will be looked upon individually. Cohen amended his motion to include Bellow's statements. Johnson, seconded. Motion, Ayes-5, Kays-0. Motion carried. COMPREHENSIVE PLAN AMENDMENT NO. 3 It was moved by Cohen, seconded by Hanson, to recommend approval of the Comprehensive Plan Amendment #3 as proposed by Staff. Motion, Ayes-6, Nays-0. Motion carried. #1607 GARY MROZ - 65 FERNDALE GREEN SKETCH PLAN REVIEW Gaffron displayed Mr. Mroz’s sketch plan and reviewed his proposal and the related issues (see Michael Gaffron's memo dated November 13, 1990). It was the consensus of the Planning Commission that access for Lot One be achieved via an outlet. Johnson asked whether this property currently exists as two separate parcels, or as one. Gaffron stated that the property currently consists of three separate tax parcels which ax*e all owned by the Golf Course. Johnson said, "I would not be able to support this. I think the proposal is too contrived. There is no road frontage other than Highway 1.2." Mabusth noted that it may not be necessary to grant lot - 19 - M i IMM ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE I1607-MROZ CONTINUED width Variances if an outlet is designated for access. Johnson asked about the ramifications due to the wetland. Gaffron asked Mabusth what information she and the City Engineer were able to gather after a site inspection. Mabusth replied, "We were able to determine that the wetland is classified as a Typo 6 and that it would be best to follow the designated v/etland area." Gaffron asked the Planning Commission for their opinion regarding the need to cross the v/etlar.d to access the property. Bellows stated that this property may be another that is not suitable for subdividing. She too thought the proposal for subdividing to be contrived. Cohen stated that the property has one buildable lot. Hanson concurred. Johnson suggested that it may be time for the VJayzata Country Club to take a comprehensive review of the property they intend to sell, rather tha»i selling it off in a piece-meal manner. Kelley asked where the secondary septic system is proposed to go. Gaffron stated that a septic tester has been out to the site and that it may be possible to have both primary and alternate on each lot. He added that it may be possible to extend sewer tc this property. Hanson said, "It appears that there are many Variance issue that would need to be addressed." Kelley stated that the subdivision proposal should not require any Variances. Gaffron informed the applicants that it will be necessary to receive Variance approval and a Conditioncil Use Permit from the City of Orono to cross the wetland. Mr. John Powers, owner of property north of the subject property, stated that he supports lir. Mroz's plan. Gaffron also stated that the v;etland will have to be defined to determine the amount of contiguous, dry buildable. - 20 - j & ORONO PLANNING COMMISSION MEETING NOVEMBER 19, 1990 ZONING FILE I1607-MROZ CONTINUED Mabusth asked Me. Elliot if the wetland had been defined by following the designated wetland or by the use of elevations. Mr. Elliot replied, "The elevation extends out onto the fairway of the Golf Course. On the two sides of the wetland, j_ 3 ari elevation, but no definition on the western o. eastern boundary." Mr. Mroz asked the Planning Commission if they would vote V0ly if the only Variance issue was crossing the wetland. Kelley replied, 'No." Bellows stated that it would be unlikely that the wetland issue would be the only Variance. Cohen stated that he would look favorably on the subdivision if the wetland Variance v/as the only issue. APPROVAL OF MINUTES-OCTOBER 15, 1990 PLANNING COMMISSION MEETING The Planning Commission did not receive a copy of the October 15, 1990 minutes to review. This item was tabled until the January 15, 1991 Planning Commission meeting. PLANNING COMMISSION REPRESENTATIVE It was agreed that Maureen Bellows would be the Planning Commission representative at the December 13, 1990 Council meeting. ADJOURNMENT ^ , The November 19, 1990 Planning Commission meeting adjourned at 9:55 p.m. , V. •• ..I'T ¥ I - 21 -