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HomeMy WebLinkAbout01-21-1985 Planning MinutesI PLANNING COMMISSION MEETING MONDAY, JANUARY 21, 1985 7:30 p.n. 1275 BROWN ROAD SOUTH - COUNCIL CHAMBERS Council Representative - Tom Frahm Attendance - 7:30 p.m. Action Items 1. #853 Doug Klint, 3545 Ivy Place Subdivision of a Lot Line Rearrangement 2. 1876 Randy Asplund, 3424 Castlake Street Variance - Extended Public Hearing 3. #883 Gary Printup, 1261 Briar Street Variance - Public Hearing 4. #884 Richard Eller, 2655 Shadywood Road Variance - Public Hearing 5. #886 Richard Ragatz, 1945 Concordia Street Variance - Public Hearing 6. #887 Frederick Winston, 765 Spring Hill Road Variance - Public Hearing Sketch Plan Review 7. #885 Ernest Lemmerman, 1297 Wildhurst Trail Sketch Plan Review Additional Items 8. Planning Commission approval of November 19, 1984 minutes. 9. Planning Commission to select representative to attend February 11, 1985 Council Meeting. Adjournment MINUTES OP THE ORONO PLANNING COMMISSION MEETING OP JANUARY 21, 19S5 PAGE 1 ATTl ANCE 7:30 PM The Orono Planning Commission met on the above date with the following members present; Chairperson Goetten, Rovegno, and Sime. Planning Commission members McDonald, Kelley, and Callahan were not present. Building & Zoning Administrator Mabus*'h, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. Council Representative Frahm was also present. 1853 DOUG KLINT 3545 IVY PLACE SUBDIVISION OP LOT LINE REARRANGEMENT Tom Bernier was present. Doug Klint arrived while the Planning Commission was making the motion to approve the application. §876 RANDY ASPLUND 3424 BASTLAKE ST. VARIANCE EXTENDED PUBLIC HEARING §883 GARY PRINTUP 1261 BRIAR STREET VARIANCE PUBLIC BEARING 7:35-7:36 PM Rovegno moved, Sime seconded, to recommend approval of the plat of a lot line rearrangement known as Casco Cove finding the new building envelopes unrestricted and satisfying all standards of the LR-IC Zoning District and all existing structures meet the required setbacks. Approval is subject to the condition that a drainage easement within Lot 3 be designated on plat prior to scheduling subdivision for Council action. Motion, Ayes (3), Nays (0). Rovegno moved, Sime seconded, to table the Asplund variance application until the applicant can be present. Motion, Ayes (3), Nays (0). At the end of the meeting, Randy Asplund still had not arrived at the meeting so Planning Commission acted on the application. Rovegno moved, Sime seconded, to recommend denial of the variance applications of Randy Asplund for the fence and the concrete patios within 75' of the iakeshore based on the fact that the applicant has demonstrated no hardship for basis of approval of the variance. Motion, Ayes (3), Nays (0). Gary and Linda Printup were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for this public hearing. Chairperson Goetteu closed the public hearing at 7:36 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MEETING OP JANUARY 21, 1985 PAGE 2 #883 GARY PRINTUP Assistant Zoning Administrator Gaffron explained that with the pending Crystal Bay Sewer Project underway, that it was staff's opinion that this variance not be approved unless the sewer project is approved. Gaffron noted that Prinfap does wish to add bedrooms and a bathroom. .. Sime stated that he would not be able to approve this application unti 1 he was positive that the Crystal Bay Sewer Project is confirmed. Sime stated that the intent of the Council is that the tax payers pay half of the bill for sewer installation into the Crystal Bay area and that this may not happen if the general tax payer may not want that ext ra bill. Gary Printup stated that he has a contractor that can do the work right away and when spring comes that contractor will be working on another project. Rovegno suggested directing staff not to present the application to Council until there has been an rffirmative determination that the Crystal Bay Sewer Project will commence and so that the timing is such that the sewer construction would bo concurrent with the proposed addition. Rovegno stated that if the Crystal Bay Sewer Project doesn't get appioval, then the Planning Commission's recommendation would be for denial. Rovegno moved, Sime seconded, to recommend approval of this variance application contingent upon the Crystal Bay Sewer Project becoming a reality; if such sewer project does not happen, then Planning Commission recommends denial of the application based on the inadequacy of the lot to support an adequate septic system indefinitely. Motion, Ayes (3), Nays (0). #884 RICHARD ELLER 2655 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 7:43-8:30 PM Mr. and Mrs. Richard Eller were present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Mabusth presented a petition that she had just received f rom a neighbor of Eller. Mabusth explained that Richard Eller seeks variances to the residential exterior storage section of the code. Mabusth stated that Eller seeks a variance to the size standard because he claims that at least two of his immediate neighbors have boats over 20 feet in length stored in their yards. Mabusth stated that a second variance to the exterior storage section is sought by the applicant claiming there is no other area on the property to store the boat because of the sloping topography. Chairperson Goetten read into the record the petition as follows that was signed by 33 of Eller's neighborsj - * -4 MINUTES OF THE ORONO PIJVNNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 3 "We the undersigned owners of property in the Pheasant Lawn area hereby petition the City Council requesting that no variance or waiver be granted in our neighborhood which would allow storage of boats exceeding 20 feet in length. We feel that those individuals who can afford large boats car also afford to properly store them and need not depreciate their neighbors property values. Your favorable consideration of our request will be appreciated." I The following neighbors and other Orono residents were present for this application; Karl & Sherri Johnson of 3393 Crystal Bay Road Aline Ogland of 3345 Crystal Bay Road Dixie Weeks of 3329 Crystal Bay Road Jay Keiser of 3375 CRystal BAy Road Gregory long of 3359 Crystal Bay Road Warre; 'Vischke of 3349 Crystal Bay Road John Kust of 3355 Crystal Bay Road Lee Eiv,er of 3265 Crystal Bay Road Bill Wolfe of 3255 Crystal Bay Road John Theobald of 4017 North Shore Drive Jimmie Holtz of 3380 Shoreline Drive John Ericson of 1620 Shadywood Road Alvin Nelson of 2445 Dunwoody Avenue Edward Stanke of 2660 Pheasant Road Jerry Wheeler of 3399 Crystal Bay Road Sandra George of 3399 Crystal Bay Road Dallas Messer of 2673 Pheasant Road Paul Pohle of 2789 Pheasant Road Dallas Messer of 2673 Pheasant Road asked that the Planning Commission not grant any variances to Eller for the storage of his over-sized boat. Messer stated that Eller's boat is an eyesoar to the neighborhood. Messer stated that Orono will start lookino like Island Park in Mound if the City allows this. Messer explained that property values will depreciate and reflect on the tax income to the City. Messer stated that he is not taking exception to only Eller's boat, but is opposed to all over-sized boats that are stored on residential properties. Messer noted that these residents with large boats should be able to afford the storage cost if they can afford such a large boat in the first place. Alvin Nelson of 2445 Dunwoody Avenue confessed that he has an over-sized boat in his yard, but that his neighbors don't complain and that it isn't an eyesore to the neighborhood. Nelson stated that if the boat doesn't bother the neighbors that the boat should be left alone. Nelson asked if this was a public hearing for all of Orono regarding the changing of the boat storage ordinance. Chairperson Goetten stated that this was just a public hearing for Eller's variance application, but that any input other Orono residents might have would be helpful. Goetten noted that the City is going to have to address all of Orono eventually but that Eller's application is the one to be addressed at this time. MINUTES OF THE ORONO PIANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 4 §884 RICHARD ELLER Edward Stanke of 2660 Pheasant Road explained that is the property owner most affected by the Eller's boat as his property abutts the Eller property. Stanke stated that his home is for sale and that the boat next door depreciates the value of his home. Paul Pohle of 2789 Pheasant Road explained that he lives on the very end of Pheasant Road and has to drive down the whole road. Pohle stated that the first thing he sees is the eyesore, large boat stored on Eller's property during the winter and in the summer he sees high grass on Eller's property. John Ericson of 1620 Shadywood Road asked that the ordinance regarding boat storage be read to the public. Zoning Administrator Mabusth read Section 10.60, Subdivis j on 1 3 of the Munici pa 1 Code regarding the storage of beat s. John Ericson of 1620 Shadywood Road confessed that he too has a boat over 20' stored on his property, but that his neighbors don't complain. Ericson noted that the ordinance is impossible to enforce within the City of Orono because of all the boats. Ericson noted that people like to work on their boats during the spring weather and i f the boats are stored at another location they cannot work on them. Jerry Wheeler of 3399 Crystal Bay Road noted that he has a similar boat storage problem in his neighborhood. Wheeler quoted Section 10.06, Subd 3(B) 1 (16) of the zoning code in which it states that granting a variance of this sort being requested can only be granted "when it is demonscrated that suen action will be in the keeping of the spirit and intent of the zoning chapter". Wheeler explained the reason fo the zoning ordinances is to keep the City clean and keep the property values high. Wheeler stated if there is a complaint and if an over-sized boat violates the spirit and intent of the law, then that person should move the boat, or if that person is unable to move the boat, then that person should invest money into a storage of an off-site storage location. Wheeler noted that zoning laws can be enforced unequally and that this is why there are var iance procedures. Wheeler stated that if the over-sized boat can be stored to the rear of the property or screened properly then it shouldn't be a violation of the ordinance. Wheeler noted that the ordinance need not be changed, but that staff could respond only to complaints. Alvin Nelson of 2445 Dunwoody Avenue stated that it should be taken on an individual basis. Nelson stated that all residents shouldn't have to store their boats just because some neighbors can't get along. Nelson noted that his neighbor has no objections to his boat. Nelson explained that l>oats are only on the land during the winter and the snow covers most boats so that the boats are inconspicuous. ’I T i MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 5 1884 RICHARD ELLER Paul Pohle of 2789 Pheasant Road explained that if the ordinance does road "spirit and intent" that it leaves the City open to enforce the ordinance against only those who violation the "spirit and intent" of the ordinance, upon complaint. Bill Wolfe of 3255 Crystal Bay Road asked how long this law has been effect. Wolfe noted that he has lived here for 19 years and has had a boat stored on his property. Wolfe stated that to take just a 20' boat and not to say that a 19' boat is not an eyesore is incorrect. Zoning Administrator Mabusth stated that this ordinance has been in effect since 1967. Rovegno asked the Pheasant Lawn neighbors if the situation involved a 19' boat placed in the same location, if the neighbors would feel the same. Mr. Messer, Mr. Pohle, and Mr. Stanke stated that they would still feel that the boat was still an eyesore. Lee Erger of 3265 Crystal Bay Road noted that he thought the City was going to address the problem on Crystal Bay Road. Erger stated that in the Crystal Bay Road neighborhood the lots are sma Her. Erger stated that he has a 19 ' boat and has room for storage of his boat. Erger asked what happens to those people who because of the topography of their land do not have room to store their boats. Jerry Wheeler of 3399 Crystal Bay Road stated tJ at the topography should not be an issue if the spirit and intent of the law has been violated. Wheeler noted that any sized boats can be stored at Howard's Point Marina for $100 during the winter. One man noted that there probably isn't enough commercial property around the immediate area to store all the over­ sized boats for $100 during the winter. Chairperson Goetten closed the public hearing at 8:30 p.m. and the Planning Commission continued to discuss the matter. Goetten noted for the record that Planning Commission member McDonald wanted her position on the boat storage matter read if she could not attend . Goetten stated McDonald ' s position is; "Gloria feels that people should not store boats in their own yards and that they should find other places to store their boats. She feels that it is an infringement on people's rights to allow the storage of boats on the owner's property. " 3 I #884 RICHARD ELLER Sime explained that the Planning Commission is in receipt of a petition asking that the ordinance be enforced and that the City should ask Eller to relocate his boat or else change the ordinance. Sime stated that Wheeler has been treated unfairly for the past two years on this same issue. Sime noted that there are many boats in Orono which are in violation of the ordinance, but are screened properly. Sime stated that when the boats become an eyesore and neighbors complain, then the City should enforce the ordinance. Sime noted that if someone can afford a beat that size, then they should be able to afford a place to store the boat. Rovegno stated that according to the ordinance you may have a boat over 20' if fully screened or within a building. Rovegno asked the neighbors if they would be satisifed if the boat was moved down the slope- Richard Eller of 2655 Shadywood Road stated that his boat has been there for two winters now and the neighbors didn't complain before. Eller noted that he might not be able to move the boat, because it will probably be frozen or stuck. Eller stated that he would be willing to relocate his boat if it wasn't a great expense. Eller noted that the boat will not be there next year. Sime felt that the neighbors should work out a solution to the problem rather than the City interfering. Sime stated that in view of the ordinance and the petition, he would recommend that Eller move the boat. Rovegno stated that he would have a hard time telling Eller to move his boat. Rovegno stated that he views boat storage as an accessory use of a residential use. Rovegno nsked the Pheasant Lawn neighbors i f one of them would be wi 1 ling to let Eller store his boat on their lot. D. Messer of 2673 Pheasant Road stated that he would check with one neighbor to sec if that neighbor would be willing to store Eller's boat in his woody lot and let the City know. Sime moved, Rovegno seconded, to table the Eller variance application uivtil the next Planning Commission meeting of February 19, 1985, to give the neighbors an opportunity to work out the boat storage problem. Motion, Ayes (3), Nays (0). Rovegno moved, Sime seconded, to ask staff to draft something to clarify the storage ordinance and schedule such information for their next Planning Commission meeting. Staff to investigate as to how other surrounding Cities deal with the boat storage and obtain their ordinances. Motion, Ayes (3), Nays (0). I MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE g J NINUTBS OP THE ORONO PLANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 7 1886 RICHARD RAGATZ 1945 CONCORDIA STREET VARIANCE PUBLIC HEARING 9:00-10:03 PM liiiiilWiM 4 Richard Ragatz and David Kirscht were present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this application. David Kirscht presented a slide show of the subject property. Rovegno asked Ragatz if he had removed any trees within the 0- 75' setback zone of the lakeshore. Richard Ragatz stated that he removed several dead elm trees within that lakeshore area. Assistant Zoning Administrator Gaffron explained that the City is currently reviewing the Krutzig variance application for a deck addition. Gaffron noted that Krutzig has come up u < »• >,innovative ideas to eliminate hardcover under decks tha' City is considering. Gaffron stated that the City Engineer has not yet responded to this new hardcover method and that the City has taken no formal action on the application yet. Richard Ragatz noted that the neighbors do not want the deck off the side of the heme because it would be in their bedroom window. Ragatz explained that he has submitted letters from the neighbors giving their approval of his variance request. Ragatz stated that he removed some existing cement and sidewalks and would be adding spaced, wooden decking which shouldn't be considered hardcover because it has spaces that the water can seep through. Ragatz stated that the house was built in 1922 before the City had setback regulations. Ragatz claimed narrow side yards as a hardship noting that placing the deck elsewhere would be too close a proximity to the neighbors. Sime felt that the outcome of the Krutzig application is essential in deciding this applicaiton. Sime noted that the City may be on the course of redefining their standards for ilocking as hardcover; if not, then this application would likely be denied under the current zoning regulations on hardcover. Sime suggested tabling the application until Council decides on the Krutzig application. Richard Ragatz stated that he has the contractor ready to do the work now and if he waits that the contractor' s price wil 1 go up since contractors are in demand in the spring. MINUTES OP THE ORONO PLANNING COMMISSION MEETING OP JANUARY 21, 1985 PAGE 8 #886 RAGATZ (CONT) David Kirscht noted that the deck would not be a visual intrusion from the neighboring properties or from the lake. Kirscht noted that one of the neighboring decks extends farther towards the lake than the one Ragatz is proposing. I Rovegno told the Planning Jomn ission that even if they solved the hardcover problem witn a new innovative method, the City would still have to deal with the deck as a structure encroaching i nto the 0-75 ' lakeshore setback zone. Rovegno noted that one could argce that there is a non-encroachment if the hardcover is solved. CounciImember Frahm stated that in prior applications, the City never got past the hardcover problem to even address tKin encroachment issue. Frahm stated that his main problems with decking within the 0-75* setback zone was hardcover and impeding the neighbors views. Rovegno moved, Sime seconded, to approve the Ragatz variance application based on the following findings: 1.Deck appears that it could be constructed without creating any hardcover subject to the findings of Council and staff on the Krutzig application. 2.Construction of the deck would not create problems wi*? the view of the abutting property owners (staff to check to see if railing will interfere). 3.Deck extends only as far towards the lake as the property next door's house. 4.Mature box elder trees on the southern side of the property makes the placement of the deck impossible along the side of the property and also would be against the neighbors wishes to have the deck placed on the southern side. Neighbors to the southern side of the property do not meet the current setback standards. 5.Applicant has removed concrete (between 100-250 sf) within 28' of the lakeshore. Approval subject to the following conditions: 1. Application approved only if a positive finding is made by the Council to consider decking as non-ha.”dcover. 2. Deck may never be enclosed. Motion, Ayes (3), Nays (0). 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 9 •887 FRED WINSTON 765 SPRING HILL RD VARIANCE PUfiI.IC HEARING 10:05-10:10 PM Frederick Winston and contractor, Gary Ebert, were present. Assistant Zoning Administrator Gaffron noted the affidavit of publication and the certificate of mailing. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron noted that the applicant wishes to construct a 30 x 64' machine shop for storage. Gaffron noted that he needs a variance because this building would exceed the 1,000 sf ordinance. Sime noted that the property has enough acreage to accommodate and properly screen such a building. Rovegno noted that a future owner may want to use this building as a barn, and that the applicant may wish to relocate the structure so it will meet the 150' barn setback standard. Contractor, Gary Ebert, noted that the f loorwill be concrete so if a future owner tried to convert the building to a barn it would be very expensive. Sime moved, Rovegno seconded, to approve a variance for Frederick Winston subject to the following conditions: 1. No plumbing may bo installed in the building. 2. This building may never be used as a second dwelling unit. 3. The building may not be used as a barn or stable. 4. Building is restricted to private residential storage only. Motion, Ayes (3), Nays (0). #885 ERNEST LEMMERMAN 1297 WILOHURST TRAIL SKETCH PLAN REVIEW Mr. and Mrs. Ernest Lemmerman were present. Assistant Zoning Administrator Gaffron noted that Lemmerman wishes to realign some lot lines which would make substandard lots less substandard. The general concensus of the Planning Commission was that this idea would be feasible. APPROVAL OF MINUTES Sime moved, Rovegno seconded, to approve the November 19, 1984, Planning Commission minutes. Motion, Ayes (3), Nays (0). MINUTES OF THE ORONO PI^NNING COMMISSION MEETING OP JANUARY 21, 1985 PAGE 10 P.C. REPRESENTATIVE TO ATTEND COUNCIL MEETING Gootten volunteered February 11, 1985. to attend the Council meeting of DISCUSSION ABOUT COUNCIL'S ROTATION POLICY ADJOURNMENT 10:30 Sime noted that he was opposed to Council's decision regarding the rotation policy of the Planning Commission members. Sime stated that such a policy would force the more experienced and more knowledgeable members of the Planning Conunission off the commission. Rovegno moved , Sime seconded, to adjourn the regular Planning Commission meeting at 10:30 p.m. Motion, Ayes (3), Nays (0).