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HomeMy WebLinkAbout05-20-1985 Planning MinutesPLANNING COMMISSION MEI3TING MONDAY, MAY 20, 1985 7:30 P.M. 1275 BROWN ROAD SOOTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Mayor Mary Butler ATTENDANCE SCHEDULED PUBLIC HEARINGS 1. 7:30 p.m. #913 Paul R. Phillips, 2160 Sixth Avenue North - Preliminary Subdivision 2. 7:45 p.m. #916 G.W. Krimmel & Bruce Engelsma, 960 & 990 Partenwood Road - Lot Line Rearrangement 3. 8:00 p.m. #918 John D. Nordstrom, 541 Spring Hill Road - Preliminary Subdivision 4. 8:15 p.m. #922 Chuck Van Eeckhcut, 2020 & 2080 Salem Court Lot Line Rearrangement ACTION ITEMS James L. Hoff, 2056 Shadywood Road - Conditional Use Permit - Public Hearing 5.#910 6.#912 7.#914 8.#917 9.#919 10.#920 11.#921 12.#924 Public Hearing - Variances Variance - Public Hearing Variance - Public Hearing T.M. Schultze, 1185 Wyndmere Road - After-the-Fact Conditional Use Permit - Public Hearing Lou Fegers, 3590 North Shore Drive - Variances Public Hearing Public Hearing -- -^ ^ -- ^ Conditional Use Permit - Public Hearing SKETCH PLAN REVIEW 13. #923 Schoell (. Madson, Inc., 565 Leaf Street - Subflivision ADDITIONAL ITEMS 14. Planning Commission approval of April 15, 1985 minutes. 15. Planning Commission to select representative to attend the May 13, 1985 Council meeting. ADJOURNMENT i MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 1 ATTENDANCE 7:30 PM The Orono Planning Conunission met on the above date with the following members present: Chairman Callahan, with members Goetten, Sime, Kelley, Taylor, and McDonald. Planning Commission member Ro”egno was absent. Council representative Mayor Butler was present. Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. 1913 PAUL PHILLIPS 2160 SIXTH AVENUE NORTH PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30 - 7:39 PM Paul and Mary Phillips were present. Mark Gronherg, surveyor, was also present. Chairman Ca) ahan called for the public hearing concerning the preliminary subdivision of Paul Phillips Building & Zoning Administrator Mabusth noted the certificate cf mailing and the affidavit of publication. There was no one present from the public for this scheduled public hearing. Building & Zoning Administrator Mabusth reviewed with the Planning Commission Phillip's proposal to subdivide approximately 12 acres of his land irto 4 lots. Mabusth noted that portions of the 12 acres are located within the City of Medina, but that the obvious building sites are located within the City of Orono. Chairman Callahan closed the public hearing at 7:39 p.m Goetten moved, Sime seconded, to recommend approval of the preliminary plat application of Paul Phillips finding all standards of the RR-lB zoning district and on-site septic code have been satisfied based on the following conditions: 1. Additional septic testing to be completed before applicant is schedule for Council approval—Lots 1 and 3's alternate test sites. 2. Locate existing septic system on Lot 3. 3. Approval of curb cut by Hennepin County. City to acquire drainage and utility easement over Outlet A. 4. Owner of Lot 4 must grant access easement in favor of Lot 3. 5.Future developer of lands within Medina to be served by private road within Outlet A must obtain a conditional use permit from the City of Orono prior to construction. i 'TT MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD HAY 20, 1985. PAGE 2 6.Engineer to submit necessary hydraulic information in order to determine size of retention area on Lot 1. City will ask that the area be designated as a drainage easement, the City will ask for a flowage and conservation easement over designated area. 7.Payment of park dedication fee of $600 ($200 each lot). 8. 9. Dedication of right-of-way of 40' for County Road 6. At the time Lot 1 is developed, berming to be done along Outlot A to prevent »"unoff from flowing over mounds and to protect mound sites when road is constructed. Motion, Ayes (6), Nays (0). f916 G.H. KRIMMBL ft BRUCE BNGBLSMA 960 ft 990 PARTENWOOD LOT LINE REARRANGEMENT PUBLIC HEARING 7:45 - 7:48 PM Jeanne Krimmel and Bruce Engelsma were present. Mark Gronberg, surveyor, was also present. Chairman Callahan called for the public hearing concerning the lot line rearrangement for Krimmel/EnqeIsma. Building & Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for this scheduled public hearing. Building & Zoning Administrator Mabusth informed the Planning Commission of the applicants' proposal to rearrange the shared lot lines so that the existing improvements on each lot are located within their homestead lot. Mabusth advised the owner of Lot 2 that there may be a need to relocate the dock per realigned/extended side lot lines. Mabusth noted for the record the dock setbacks as follows: dock length 0-50' - 10' setback from extended lot line dock length 50-100' - 15' setback from extended lot line Chairman Callahan closed the public hearing at 7:48 p.r.u Goetten moved, Kelley seconded, to recommend approval of the proposed plat of a lot line rearrangement for Krimmel and Engelsma based on the fo’.lowing findings: 1. The lots each contain the minimum required one acre in area. 2.All existing structures meet the required setbacks from the newly created lot line. 3.Applicant has been advi.sed that the dock located on Lot 2 may have to be relocated per the above setbacks noted by staf f. Motion, Ayes (6), Nays (0). 1 MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 3 1918 JOHN NORDSTROM 541 SPRING HILL ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 8:00 - 8:29 PM ■ ' Z rf'l.ifr- ^'4 . >v-v- ,S1 . S' "I Dennis Buratti, attorney from Dorsey, Whitney, law firm, was present to represent the Nordstroms. Mark Gronberg, surveyor, was also present. Chairman Callahan called for the public hearing concerning the preliminary subdivision for Nordstrom. Building & Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of Dublication. George & Patricia Partridge of 625 Spring Hill Road, and Harry B. Stocker of 465 Spring Hill Road were present from the audience for this scheduled public hearing. Building & Zoning Administrator Mabusth explained Nordstrom's proposal to subdivide his homestead lot into 5 bui Idable lots. Mabusth noted that the old driveway will be removed up to the public cartway that serves the former Crosby, Winston and Partridge residences. Mabusth stated that staff recommends that the proposed curb cut on Spring Hill Road be moved 60-70* eastward. Mabusth noted that all new lots have suitable area for on site development but that staff will ask for additional percs and borings for Lot 1 further east and uphill from Partridge drive and alternate tests for existing house lot. Patricia Partridge of 6.15 Spring Hill Road expressed her concern if the developer does not finish off the road bed requirements and asked who will enforce the conditions. Partridge asked staff why the septic site is proposed so close to the lot line. Building & Zoning Administrator Mabusth stated that staff will enforce the conditions of the final resolution. Mabusth noted that the proposed septic test site meets the required 20' setback but that time has shown that drainf ields close to a drive can create problems. Assistant Zoning Administrator Gaffron confirmed that the proposed septic sitedo.iS meet the required 20' setback from the lot line, but staff would feel more comfortable locating the site further bac‘: from the lot line. Kelley askro staff if each lot has 2 acres dry buildable. Zoning AJministratoi Mabusth stated that the wetlands area will be reconfirmed by the surveyor, Mark Gronberg. Chairman Callahan questioned staff why the City should require the applicant to abide by the DNR's setbacks from lakes when the City hasn't even adopted the DNR's standards yet and felt that this shouldn't be included in the motion. Callahan closed the public hearing at 8:29 p.m. MINUTES OP THE ORONO PLA*^ING COMMISSION MEETING HELD MAY 20, 1985. PAGE 4 #918 NORDSTROM (CONT)Sime moved, Goetten seconded, to recommend approval of the preliminary plat application by John Nordstrom finding all standards of the RR-lB Rural Residential Zoning District and on-site septic code have been satisfied subject to the following conditions; 1. Additionc.1 septic testing required prior to scheduling application before Council for formal action. a) new percs and borings uphill to the east on Lot 1. b) alternate septic testing for Lot 3—surveyor should locate existing septic system on plan. 2. All new construction and septic installat 'ons must meet the Orono setbacks from the lake and owner is hereby advised that Orono may adopt DNR setback regulations which require additional setbacks from the lake. 3. Describe wetland in angles and bearings within Lot 5 at 970’ elevation. Designate wetland as drainage easement. City to ask for conservation and flowage easement over wetlands. 4. Existing drive must be removed at the time Lot 3 is served by new private road and shared drive. Road must be removed upto private cartway, and cartway is to be returned to its natural state. 5. 6. Move curb cut on Spring Hill Road 60' to 70* to meet safe sight distance. The City will ask for underlying road and utility easements over Outlot A—maintenance covenants for upkeep and maintenance of private road. Applicant must submit proof within private covenants that shared drives, ownership and maintenance is shared by Lots 1, 2 and 3. 7. The City wi 11 ask that portions of the property involved in Lydiard Lake be dedicated to the City for public use. Since the property is abstract, the area should be described i n angels and bearings, designated as drainage easements and dedication on the plat to the City for public use. 8. Payment of $800 park dedication fee ($200/lot). 9. Building envelope for Lots 2 and 4 should be changed to reflect 200' setback from Lydiard Lake. 10. Lot 4 drainfield may need to be relocated after are 150* Lake Lydiard. MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 5 11. Applicant is placed on notice there there is a non- conforming structure on Lot 3 and is subject to all pertinent ordinances. 12. Applicant to assure that each lot has 2 acres of dry buildable. Motion, Ayes (6), Nays (0). 1922 CHUCK VAN EECKHOU*? 2020 t 2080 SALEM COO;:^ LOT LINE REARRANGEMPJfT PUBLIC HEARING 8:35 - 8:46 PM Chuck Van Eeckhout was present. Chairman Callahan called for the public hearing concerning Van Eeckhout's proposed lot line 1earrangement. Assistant Zoning Administrator Gaf fron noted the certificate of mailing and the affidavit of publication. Maxwell Alvord of 960 Brcwn Road North was present from the audience for this scheduled public hearing. Assistant Zoning Administrator Gaffron reviewed the applicant's proposal to rearrange the lot line at 2020 and 2080 Salem Court by trading equal areas in order to create a more attractive building site. Maxwell Alvord of 960 Brown Road North pointed out an existing drainage problem with the culverts. Alvord asked staff to investigate into this matter. Alvord noted after the drainage problem is solved, that he has no problems with the lot line rearrangement. Zoning Administrator Mabusth noted that the City was not aware of the problem and that staff and City Engineer will investigate into the drainage concern. Chairman Callahan closed the public hearing at 8:46 p.m. Kelley moved, Sime seconded, to recommend approval of the proposed lot line rearrangement for Chuck Van Eeckhout at 2020 and 2080 Salem Court subject to the following conditions: ’ 1. Flowage and conservation easement over Lots 1 and 2. 2. Drainage concern raised at meeting to be investigated by City Engineer for improvement. 3. Drainage easement bo granted by Lot 1 across Lot 2. Motion, Ayes (6), Nays (0). MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 6 1910 JAMES HOPE 2056 SHADYWOOD ROAD CONDITIONAL USE PERMIT PUBLIC HEARING 9:18 - 9:26 PM Jciincs Hoff Wc3s pressnt, Mark Gronberg, surveyor, was present. Chairman Callahan called for the public hearing concerning Hoff's conditional use permit application to regrade his lakeshore yard. Assistant Zoning Adminis­ trator Gaffron noted the certificate of mailing and the affidavit of publication. Neil & Jan Blesi of 2064 Shadywood Road were present from the audience for this public hearing. James Hoff explained hi s proposal to grade his lakeshore yard to match his neighbors yard. Hoff explained that there is a safety factor when he tries to maintain his yard and is very dangerous. Hoff noted that he plans to extend the contours of his neighbors to his own yard. Kelley asked if the applicant plans on removing the retaining wall. Hoff confirmed that he will remove the retaining wall. Hoff stated the the proposed improvements will improve the safety of the bank. Neil Blesi of 2064 Shadywood Road noted that the proposal will greatly improve » e looks of the applicant's lakeshore yard and will reduce the degree of existing hazard. Blesx noted that the previous owner had regraded the lakeshore yard and because of lack of family support built the hill back up again. Blesi noted that the applicant's yard had previously been the same contours that were proposed. Assistant Zoning Administrator Gaffron noted that according to the City Engineer that the proposed contours as shown will not accomplish the applicant's objective. Chairman Callahan felt that the Planning Commission needs more informat io.n to determine if the proposal meets the applicant's objective. Callahan closed the public hearing at 9:26 p.m. Sime noted that the plan is not complete and is difficult to see where the contours will be. Sime noted that when the lakeshore area is graded that the applicant sod the ground right away to prevent erosion into the lake. Sime moved, Kelley seconded, to recommend approval of the conditional use permit application of James Hoff to allow the grading of his lakeshore yard based on the following find!ngs: 1.Applicant's lakeshore yard will conform better to the neighbors yards and will look more aesthetic. MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 7 2.Proposal will reduce degree of hazardous condition existing on the property because of the slope of the land and will improve the health, safety, and welfare of the applicant’s yard and neighborhood. 3. i! Applicant's lakeshore yard previously existed as the proposal now shows and previous owner built hill back up again thereby creating extra hardship on current owner for maintenance of yard. Approval subject to the following conditions; 1. Regrading to be done under close supervision with staff and City Engineer to assure that proposed contours will blend with the neighbors yards. 2. City to require that the applicant have this grading done professionally and not by the applicant. 3. Proper erosion controls to be approved and supervised by staff. 4. If applicant proposes steps or a stairway to the lakeshore, applicant may not exceed existing steps or existing amount of hardcover. Motion, Ayes (6), Nays (0). 1912 GORDON HEDLUND 3990 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 9:44 - 10:05 PM Gordon Hedlund was present. Chairman Callahan called for the public hearing for Gordon Hedlund's variance application to permit the construction of a new residence. Building & Zoning Administrator Gaffron noted the affidavit of publication and the certificate of mailing. Robert & Sue Bilger of 4005 North Shore Drive were present from the audieiice for this public hearing. Assistant Zoning Administrator Gaffron noted that the lot is partially located within the LR-lC and LR-lB zoning district. Gaffron noted that Planning Commission should decide first what zoning district standards should apply to this application. Kelley asked about the surrounding lots in the neighborhood and felt that the zoning should match the surrounding lots. Assistant Zoning Administrator Gaffron stated that the surrounding lots are mostly half-acre. ! f1 A. MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 8 #912 HEDLUND (CONT) Assistant Zoning Administrator Gaffron noted that an cabin existed on the property but the previous owner damaged the cabin when he tried to install a basement/foundation for the cabin. Gaffron noted the sewer is available and both lots have been assessed footage. Gaffron explained that the applicant will be limited to 2,300 sf of hardcover and it appears that the home and driveway the applicant has proposed will meet this requirement. Gaffron noted a problem with the access from the lot onto the "S" curve and that Hennepin County has some recommendations. Gaffron noted that Hennepin County made the following comments in their letter dated May 14, 1985: 1. No point on the lot frontage meets the minimum sight distance requirements for a driveway location for the posted 30 mph limit. 2.Any proposed construction within County right of way requires an approved utility permit prior to beginning construction. 3.The developer must restore all areas within County right of way disturbed during construction. Assistant Zoning Administrator Gaffron noted that the County would request that a triangular area of 1,400 square feet bo dedicated for roadway where the County road encroaches into the property. Robert & Sue Bi Iger of 4005 North Shore Drive stated that the ”S" curve is already dangerous enough without adding another access onto the hazardous road. The Bilgers noted that there is currently a safety problem on the "S" curve and many accidents have occured in this area. The Bilger explained that they have even had cars run into their home from that ?harp "S" curve. Gordon Hedlund stated that when he talked to Hennepin County about the access that they did not express too much concern. Hedlund noted that Hennepin County mentioned that they would need right-of-way and that they would make some recommendations, but that they weren't alarmed about the proposa1. Assistant Zoning Administrator Gaffron asked if Hedlund would be willing to use a shared driveway for access. Gordon Hedlund stated that he would be willing to share a driveway access with someone if the City required it. Sue Bilger of 4005 North Shore Drive stated using a shared driveway will not solve the existing problem on the "S" curve. Bilger stated that the City would still be placing more traffic onto this dangerous road if this variance is approved. i I 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 9 HEDLUND (CONT) Gordon Hedlund noted that there are a lot worse problems within Orono and throughout Hennepin County than this access point. Chairman Callahan closed the public hearing at 10:05 p.m. Goetten noted that in light of the dangerous access area that she would not be able to vote in favor of the application. Taylor moved, Kelley seconded, to recommend denial of Hedlund ' s variance application to construct a new home based on the following findings: 1. Lot does not follow the neighborhood pattern of existing development, being smaller than 91% of the developed lots within 1000' of the property. 2. Relatively unsafe county road access. 3. Applicant had forewarning that lots may be unbuildable prior to his purchase. 4. Denial is consistent with past denials on vacant substandard lots of this size. 5.Property could be combined with adjacent properties to the east or south, both of which are substandard in area. 6.Intent of the application is contrary to the letter and intent of the Orono Comprehensive Plan. 7.Granting of this variance would set an adverse precedent in the City. 8.The property falls too short of the zoning standards to justify granting of the variance. 9.There * s an existing hazardous traffic problem on the "S" curve and that an additional access onto this ooint would further the dangerous situation. Motion, Ayes (6), Nays (0). MIMUTES OP THE ORONO PLAinilNG COMMISSION MEETING HELD MAY 20, 1985. PAGE 10 t914 RICHARD KAUPPMANM 2696 ETHEL AVENUE VARIANCE PUBLIC HEARING 10:08 - 10:25 PM !, Richard Kauffmann was present. Chairman Callahan called for the public hearing concerning Richard Kauffmann's variance application to the average lakeshore setback line to permit the construction of a new home. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Harry & Thelma Pulver of 2691 Caroline Avenue, Dorothy Kt-arns of 2961 Ethel Avenue, and Thomas Schmitz of 2696 Ethel Avenue were presant from the audience for this application. Zoning Administrator Mabusth explained that the applicant wishes to construct a new residence 32 feet beyond the average setback line. Mabusth stated that the applicant has since amended his proposal to extend only 17 feet beyc.'J the average setback line. Mabusth noted that the applicant has asked that the present structure remain in use during construction. Richard Kauffmann presented a model of the proposed home to the Planning Commission. Kauffmann explained that his daughter and son-in-law presently live in the existing house. Kauffmann noted that he has worked with the neighbors and because of the neighbors comments he shifted the location of the home and pulled back the home to only extend 17 feet beyond the average setback line. Kauffmann stated that he has no decks that would block the neighbors view of the lakeshore. Kauffmann stated that he proposes a screened-in porch with a walkout patio with spaced wood and sand below that should not be considered hardcover. Goetten asked what the highest point of the house would be. Richard Kauffmann stated approximately 29'. Kauffmann explained that he proposes a loft inside and needs the house high enough to allow space for the loft. Dorothy Kearns of 2961 expressed her concern for her view of the lake. Kelley felt that if approved no additional decks should be allowed. Zoning Administrator Mabusth advised Kauffmann that his existing dock appears to cross over the lot line. Mabusth noted that the boat attached to the dock encroaches onto Pulvers property. * I MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE #914 KAUFFMANN (CONT)Richard Kauffmann stated that he did not know that the dock encroaches onto anyone's property and that the pievious owner, Hamlett, was the one that installed the dock. Kauffmann explained his proposal to extend the dock 20' and to pull the boat back from the lot line. Kauffmann stated that he will move the boat to conform to the code if confirmed that it crosses the line. Kauffmann noted that he is trying to give the Pulvers enough room and therefore shifted his home away from their lot line. Kauffmann noted that he will be saving a mature tree by pulling the home back. Kauffmann noted his hardship to be the steep existing grade of the lot and explained his proposal to grade that down. Kelley asked the neighbors what they thought of the proposal The neighbors stated that they can live with the proposal after Kauffmann made the changes. Chairman Callahan closed the public hearing at 10:25 p.m. Goetten moved, Taylor seconded, to recommend approval of Richard Kauffmann's variance application to permit construction of a new home into 17' of the average lakeshore setback zone based on the following findings: 1.Topography is so steep that specific construction and house location are needed to provide safe access to lake. Slope from house to lakeshore is steep. 2.Design of roof and roof elevation does not create view problems for adjacent homes. The proposed improvement will not diminish surrounding property values. Approval is subject to the following conditions: 1. Applicant and future owner not allowed to place another deck to the lakeside of the structure and such to be filed in the chain of title. 2.Applicant to relocate dock and boat if dock is encroaching over neighbors lot line. 3.AS applicant requested, existing house may remain in use during construction and then must be removed from site. Motion, Ayes (6), Nays (0). r, -' 1 MINUITBS OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE TIPTON CORPORATION 1290 LYMAN AVENUE VARIANCE PUBLIC HEARING 8:49 - 9:15 PM Mike Sjeklocha of 1424 Baldur Park Road was present to represent Tipton Corporation. Chairman Callahan called for the public hearing concer..ing Tipton's variance application to construct a new residence on Lyman Avenue. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. Marc & Tracy Whitehead of 1220 Lyman Avenue were present from the audience for this application. Assistant Zoning Administrator Gaffron explained that Tipton Corporation plans to remove existing house and detached garage and sheds from site and build a new residence. Gaffron noted that the proposed house appears to meet the required front, rear and side setbacks. Gaffron noted his concern that the primary drainfield site will not meet minimum setbacks from the house, and the alternate site is not realistically capable of containing the 1,200 sf drainfield required while maintaining safe setbacks from foundations walls. Marc Whitehead of 1220 Lyman Avenue stated that there is no question that the existing buildings on the property are an eye sore, but that the size of the home proposed is too large. Whitehead stated that he thought the lot size was approximately 1.8 acres (closer to 2 acres), but just found out tonight that it is 1.3 acres. Whitehead noted that he was also surprised that Tipton has already made their proposal to the City, since he and Tipton representatives had conversations relating to trading and/or buying of the lot last year. Whitehead asked to have the issue decided regarding if the driveway was to be a private driveway or vacated roadway. Sime asked Whitehead if he would be willing to sell some of his acreage so that Tipton could combine itwith their 1.3 acres. March Whitehead of 1220 Lym.an Avenue stated that he might be willing to sell some land , but he doesn' t know how much land he has now. Whitehead noted if Tipton is willing to go to the expense of surveying his land to find out exactly how much acreage he owns, he might be willing to sell. Whitehead noted that he hasn’t had time to investigate and see what his options would be in the future if he sold some land to Tipton. Whitehead stated that the neighbors are concerned that the building will sit too high on the site and ask that the building be lowered so as not to be too conspicious. Whitehead asked that the City enforce the 2 acre minimum and that approving this variance for 1.3 acres could set a precedent. : i I I ii •i rwmArw ^ I W Mi MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE Mike S jeklocha stated that the high point of the home will not be conspicious. Sjeklocha noted that the garage is even with the existing building now. Sjeklocha noted that he was not aware until tonight that there were problems with the septic test sites not meeting the setbacks. Sjeklocha noted that there should be no problem in 'iioving those sites to meet the setbacks. Kelley noted that a smaller horn;? would meet the septic test sites and suggested reducing the sii.;. dome. Kelley noted that the home could be built Vl*u» lot as long as Gaffron approves the site. i Goetten noted that the size of the house being proposed is too large for the lot and would like to see something smaller. Chairman Callahan closed the public hearing at 9:15 p.m. Callahan noted that the drainfield testing site may be ulright if the house was only 3 bedrooms. McDonald movedf Sime seconded, to table Tipton Corporation's application for a variance to allow the applicant time to consider their options. Motion, Ayes (6), Nays (0). #919 T.M. SCHULTZE 1185 WYNDMERB ROAD CONDITIONAL USB PERMIT PUBLIC HEARING 10:36 - 10:53 PM Ted Schultze was present. Chairman Callahan called for the public hearing concerning the after-the-fact conditional use permit application by Ted Schultze. Building & Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the audience for this public hearing. Building & Zoning Administrator Mabusth explained that at the time of the final inspection of the Ted Schultze residence, staff noted the excavation of the pond. Mabusth stated that the pond is approximately 10,000 sf in area and is not located within a designated wetlands. Mabusth explained that the pond serves as a collector basin for all runoff from a small localized watershed. Mabusth noted that the pond will not change or redirect the previous drainage patterns nor have any negative effects on surrounding properties. Ted Schultze noted that he was not aware that he needed a permit for the construction of a pond and that he was not informed by staff of the need for a permit. Schultze noted that his pond collects drainage from the surrounding neighbors property and is equipped to handle all runoff in the area. Schultze noted that this is not to be a wildlife pond. 4 MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE I4 #919 SCHULTZE (CONT)Kelley asked staff for the definition of a wildlife pond versus a decorative pond, ^ Building & Zoning Administrator Mabusth answered that the applicant first advises whether the pond is to be a wildlife or decorative pond. Mabusth stated that if a wildlife pond IS to be installed, there is a more extended review process by other agencies. Mabusth noted that the physical difference between the two ponds is that the wildlife pond has more gadual slopes with an island. Mabusth explained that the decorative pond has sharper or steeper banks and usually no islands to encourage wildlife. Mabusth advised that the decorative pond is deeper and water quality controlled with noted that the applicant can place swans nest th^ order to discourage other wildlife that might pond^"*^*^ Callahan asked Schultze if he plans to aerate the Chairman Callahan closed the public hearing at 10:53 p.m. Kelley moved, McDonald seconded, to recommend approval of conditional use permit application of Ted Schultze »ased on the following findings: wetlands located within a designated 2. Approval is subject to the following conditions: Applicant must submit additional hydraulic information such as the elevation of the pond and specific controls on outlets and inlets, especially to the north if the applicant considers this as a possible outlet. 2.Applicant to restore entire disturbed area with suitable ground cover upon completion of land alteration. Spoils stored on edge of pond to be used in restoration Motion, Ayes (6), Nays (0). MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 15 1920 LOU PBGERS 3590 NORTH SHORE DRIVE VARIANCES PUBLIC HEARING 10:54 - 11:15 PH Lou & Marilyn Fegers were present. Marty Bethke, contractor, was also present. Chairman Callahan called for the public hearing concerning Lou Feger's variance application. 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. Assistant Zoning Administrator Gaffron explained Feger's request to replace a structurally unsafe attached garage with 1 ivi ng area. Gaf f ron stated that the attached garage' s foundation i s cracking and in disrepair. Gaff ron noted that the applicant plans to make tradeoffs in hardcover by removing the portable shed and a walkway. Gaffron noted even with the proposed tradeoffs in hardcover, in the 0-75' ^®^®®hore setback zone the hardcover would increase from 3.2% to 5.0% and in the 75-250' lakeshore setback zone from 53.8% to 56.8%. Goetten asked Fegers if he proposes a garage. Lou Fegers stated that he has no plans for a garage. Kelley noted that in the chain of title it place a future owner on notice that the hardcover on this property already exceeds the maximum allowed and that future variances for a garage may not be approved. Kelley asked what is kept in the shed. Lou Fegers noted that gardening tools are kept in the storage shed and that it is a portable shed. Fegers noted that he has temporary planks that he puts on the ground so that he can have access to the shed when the water is high. Marty Bethke noted that they could use the special treatment under the deck so that it would not be considered hardcover. Assistant Zoning Administrator Gaffron noted that his hardcover calculations took into account the condition that the applicant would remove the shed and the walkway. Gaffron stated that the applicant could move the shed under the deck. McDonald noted that the hardship for the applicant in that he has water on both sides. Chairman Callahan closed the public hearing at 11:15 p.m. Kelley moved, Taylor seconded, to recommend approval of the findfngs^^' application based on the following MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 16 #920 FEGERS (CONT) 1. 2. Existing garage is in disrepair and is a hazard to the health, safety, and welfare of the coimuunity. Applicant has been subjected to two 0-75' lakeshore setback zones since he is surrounded by water on both sides. 3. Tradeoffs in hardcover decreases impact of proposal on the lake. Approval is subject to the following conditions: 1. Hardcover is limited in the 0-75' setback zone to 5.0% and in the 75-250' setback zone to 56.8%, with lakeshore setback as 63' or a variance of 12'. 2. 3. 4. Applicant must remove shed and walkway to make tradeoffs in hardcover. Railings required on deck. Applicant is placed on notice that any future vaivrnces for hardcover may not be approved and that future owner is placed on notice that the property is without a garage and such variance application for a garage may not be approved. Motion, Ayes (6), Nays (0). #921 CHUCH VAN BBCRHOUT 2135 SALEM COURT VARIANCE PUBLIC HEARING 11:18 - 11:26 PM Chuck Van Eeckhout was present. Chairman Callahan called for the public hearing concerning Van Eeckhout's variance application. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present for the audience for this application. Assistant Zoning Administrator Gaffron explained that this variance application is a result of a construction error in which the house was placed incorrectly by the applicant's footing contractor and ended up too close to the lot line. Gaffron noted that either a lot line rearrangement or a variance is needed. Chuck Van Eeckhout explained that the reason the mistake happened is because there was about 10' of snow on the ground at the time of the footing inspection. Van Eeckhout noted that it. was virtually impossible to see the corner stakes at that time. Van Eeckhout noted that at the time the footing inspection was made, the footings for the garage had not been dug and that the footing inspection was only for the home. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 17 #921 VAN EECKHOUT (CONT)Van Eeckhout noted that the home met the setbacks at that time, but once the footings for the garage weie dug it was apparent that the setbacks were 11' from the lot line. McDonald noted that the setbacks should have been confirmed by the inspector at the time of the footing inspection and should have known that the garage footings were forthcoming. Chairman Callahan closed the public hearing at 11:26 p.m. McDonald moved, Sime seconded, to recommend approval of the variance application of Chuck Van Eeckhout based on staff's error in verifying the setbacks at the time of the footing inspection. Motion, Ayes (6), Nays (0). t924 JOHN SCHBRVBN 2649 CASCO POINT ROAD CONDITIONAL USB PERMIT PUBLIC HEARING 7:54 - 7:57 PM John Scherven was not present. Chairman Callahan called for the public hearing concerning John Scherven's conditional use permit application. Assistant Zoning Administrator Gaf f ron noted the certificate of mailing and the affidavit of publication. There was no one present for the audience for this public hearing. Assistant Zoning Administrator Gaffron noted that the applicant appeared before the Planning Commission in April for an average setback variance and an addition with hardcover tradeoff. Gaffron noted that the applicant is requesting a guest apartment use to allow his parents to live in the apartment. Chairman Callahan closed the public hearing at 7:57 p.m. Kelley moved, McDonald seconded, to recommend approval of John Scherven' s conditional use permit application to permit a guest use apartment subject to the following conditions: 1. The guest apartment is for use of family members only. 2. This guest apartment use may not be conveyed to any purchaser of the property. 3. The guest apartment may not be rented out. 4. This use is subject to City review at the end of four years. Motion, Ayes (5), Nays (1). Planning Commission member Goetten voted nay. Goetten felt that the lot should have the area required in order to sustain the extra guest apartment use. ) MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 18 1923 SCBOBLL k MAOSON 565 LEAP STREET SUBDIVISION SKETCH PLAN REVIEW Larry Hanson, representative from Schocll 6 Madson, was present. Assistant Zoning Administrator Gaffron reviewed with the Planning Commission the applicant's proposal to subdivide a 5.9 acre parcel into 3 lots with an average lov size of 1.88 acres. Goetten noted that the City has never been in the position to approve substandard lots. Goetten noted that she would consider 2 lots but not 3. Larry Hanson noted that the existing building will be removed. Assistant Zoning Administrator Gaffron noted that the drainage easement area should not be included in the total dry buildable area. Gaffron noted the total parcel of 5.9 acres minus the 11,000 sf of drainage easement equals 5.65 acres of dry buildable. Lrrry Hanson noted that the "drainage" area is dry and buildable but does carry water at certain times. Kelley asked if the builder could acquire more land for his proposal. Kelley noted a strip of land to the north and south. Larry Hanson stated that it is a consideration. Assistant Zoning Administrator Gaffron explained that Reverend Glen Chaffin, of the adjacent Church of Religious Science, talked with him and noted that the fences do not indicate the boundary lines. Taylor explained that if there is 11,000 sf of wet area, and the applicant is already 4,200 sf short of 6 acres, there would be a total of 15,000 sf needed in order to provide for drainage easement and to assure at least 2.0 acres for each lot. Larry Hanson questioned the City's definition of drainage easement being unbuildable. Hanson noted that the actual channel is narrow. Chairman Callahan summarized Planning Commission's viewpoints. Callahan noted that unless the applicant can acquire 6 dry buildable acres that the commission will not approve of 3 lots. Callahan informed the applicant that the Planning Commission will only consider 2.0 acres per lot. APPROVAL OP MINUTES Sime moved, Goetten seconded, to formally approve the Planning Commission minutes of April 15, 1985. Motion, Ayes (6 ), Nays (0). 1 li MINUTES OP THE ORONO PLANNING COMMISSION MEETING HELD MAY 20, 1985. PAGE 19 REPRESENTATIVE TO ATTEND COUNCIL MEETING Geotten volunteered to attend the Council meeting of June 10, 1985. DISCUSSION OP INVITATION TO ADMINISTRATOR Planning Commission extended to invitation to City Administrator Bernhardson to attend the Planning Commission meeting of June 17, 1985. MARINA COMMITTEE APPOINTEES Planning Commission selected representatives Kelley and Sime to be appointed to the Marina Committee. DISCUSSION OP HAZARDOUS BUILDING Sime noted a hazardous bui Idi ng just west of Fegers and asked staff to investigate. ADJOUR IT 11:45 PM Sime moved, Goetten seconded, to rdourn the regular Planning Commission » ■'»*".ing at 11:45 p.m. Motion. Ayes (6), Nays (0). Mill A i 1