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HomeMy WebLinkAbout06-20-2023 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Jon Ressler,Commissioners Dennis Libby,Jon Ressler,Bob Erickson, Gary Kraemer and Ted Schultze,alternate. Chair Chris Bollis and Commissioner Mark McCutcheon were absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. Acting Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE Community Development Director Oakden administered the Oath of Office to Ted Schultze, alternate planning commissioner,who was immediately seated. APPROVAL OF AGENDA Libby moved,Kraemer seconded,to approve the Agenda. VOTE: Ayes 5,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MAY 15,2023 Libby moved,Erickson seconded,to approve the minutes of the Orono Planning Commission meeting of May 15,2023.VOTE: Ayes 5,Nays 0. PUBLIC HEARINGS 1. LA22-000064 LEBRISIA IVERSEN,4448 NORTH SHORE DRIVE,REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK, 75' LAKESHORE SETBACK, HARDCOVER TO EXCEED 25%,HARDCOVER WITHIN THE 75-FOOT SETBACK AND SIDE YARD SETBACK. City Planner Nye gave a presentation on the item, stating the applicant is proposing a house addition on the north side of the home.The property is substandard in size at.46 acres when the LR 1B district requires a one-acre minimum and the lot is a unique shape, she said. The existing one-story home is non conforming and does not meet the required LR-1B setbacks or the required Lake setbacks. The 75-foot Lakeshore setback and average Lakeshore setback lines run through the middle of the existing home. The expansion that is proposed is entirely in front of those setback lines. The property is also currently over the hardcover limitation of 25 percent at 27 percent.The plan improves hardcover slightly but not below 25 percent. The requested addition requires variances from the average Lakeshore setback,75-foot Lakeshore setback,hard cover to exceed 25 percent,hard cover within the 75-foot setback and side-yard setback. The applicant is proposing a two-story addition with a rooftop terrace over the second story.Nye said staff agrees with the practical difficulties present and can support the construction of an addition,but recommends denial of the addition as proposed. Staff believes the proposed height creates a vertical encroachment and could impact neighboring lake views and that several doors exiting the addition are shown but not the entry landings or patios, so hardcover may actually be increased over what is proposed. The planning commission should discuss the application and consider if the variances requested are reasonable and in character for the neighborhood,she said, specifically the height and hardcover. The applicants and the general contractor were present. Page 1of8 MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. Ressler asked about setbacks. Nye said the application slightly increased side-yard setback but staff is not concerned about that as much as the height and hardcover.The building would not be any closer to the lake. Andrew Iverson, 5558 North Shore Dr., said they are stuck in a unique property between the lake and a busy road. He said they have gotten approval letters from several of the neighbors concerning the height increase and the plan would not block any neighbor's view. They are alongside a channel and close neighbors face the lake.He said they wanted the rooftop terrace because they lack a lot of sunlight due to mature trees and saw it as a safe play space for their children since there is a lake on one side and a busy road on the other. They would also plan a rooftop garden. Windows on the front were converted to doors but the family hasn't used them because they go straight to the lake which is unsafe for children, and for that reason,they don't plan stairs. They noted they were within the 30-foot height restrictions and also don't have a basement. The applicant pointed out another house in the area with a rooftop terrace that he feels encroaches a great deal more. Acting Chair Ressler opened the public hearing at 6:20 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:20 p.m. Ressler asked about grade for the height,noting that the road is higher than the property. Nye said the grade is figured from the base of the house,not the road. Erickson asked to see the illustration of the actual proposed addition.He said he was concerned about the height issue for other properties and that the proposed height seems to magnify the setback issue. Schultze asked if the addition could block the view of the lake of people across the road. The applicant explained that the direct view is of the channel. Kraemer said he feels like this falls into the best they can do.He understands the staffs concern about height but noted that neighbors are not in objection. Ressler said he usually likes to side with staff but the lot is almost unbuildable and the applicant has the support of neighbors. He expressed concern about hardcover staying below the applied amount but said he would support the application because it is going up on a structure that is already there. He would not want to see any further side-yard encroachment. Iverson said when they purchased the house they removed a significant amount of hardcover and there is another old walkway they could remove. Libby said he still sees a problem in that there has not been an establishment of practical difficulties that warrants so many variances.He said he was thinking more in the spirit of the codes and how they are enforced. Page 2of8 MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. Erickson said he was concerned about the increase of height in the 75-foot setback. He said the City has been consistent about that. Libby suggested the commission provide feedback instead of an approval or denial but said there were too many elements to focus on just one. Kraemer moved, Schultze seconded,to approve LA22-000064 Lebrisia Iversen,4448 North Shore Drive,variance requests.VOTE: Ayes: 3,Nays 2 (Libby and Erickson). 2. LA23-000022 MICHAEL CLARK,565 LEAF STREET,REQUESTS A VARIANCE FOR THE PLACEMENT OF A NEW ACCESSORY BUILDING STREETWARD OF THE PRINCIPAL BUILDING. City Planner Nye provided information stating the applicant is proposing to construct a new accessory building to be used as a garage and an accessory dwelling unit streetward of the principal building. Accessory buildings are required to be placed to the rear of the principal building or home so a variance for the placement of the new building is being requested. The existing home is placed towards the rear of the property which limits the ability to construct an accessory building in a compliant location, she said. There are also topographical limitations that do not allow for the expansion of the existing attached garage. The new accessory building meets all other building setbacks, hardcover and lot coverage requirements,Nye said. Staff recommends approval of the variance request as applied with the addition of one condition that all accessory dwelling unit ADU performance standards must be met, including a covenant, which should be executed at the time of building permit. The applicant's architect or contractor was present and available for any questions. Acting Chair Ressler opened the public hearing at 6:48 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:48 p.m. Schultze asked about the accessory dwelling unit on the second floor. Nye said the first floor would be a garage and the second would have a bathroom and some living space. The applicant would have to execute a covenant when they take out the building permit stating they would not rent it out. Erickson moved,Libby seconded,to approve LA23-000022 565 Leaf Street,variance request conditional that all ADU performance standards must be met including a covenant. VOTE: Ayes: 5,Nays 0. 3. LA23-000023 BOB RENAUD WITH MINNESOTA GREEN, 1856 SHADYWOOD ROAD, REQUESTS A 75' LAKE SETBACK VARIANCE. City Planner Nye said the applicant is requesting a setback variance to replace a retaining wall within the 75-foot Lakeshore setback. The proposal is to replace a failing timber retaining wall that is supporting a large tree with a boulder wall. The change in material requires the application for a variance. The Page 3 of 8 MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. neighbor supports the application. Staff recommends approval with the conditions to require screening of the newer retaining wall where feasible in order to preserve the natural vegetated view from the lake and that all work to construct the walls be contained on the subject property. Or if that's not possible,that written permission is submitted with the building permit from the abutting neighbor at 1860 Shadywood Road for any construction or grading work that occurs outside of the property boundary. Bob Renaud,MN Green Landscaping,327 Marschall Road, Shakopee,reiterated that the main goal was to save the tree and build a wall that will last longer than the current one. Libby asked about past dumping by the wall. Renaud said there was no contamination. What was dumped was yard waste that was organic material that eventually rotted through the timber wall.He said the tree was a red oak and they would not be excavating around the roots but simply removing the old wall. Acting Chair Ressler opened the public hearing at 6:57 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 6:57 p.m. Ressler said staff had done a good job and the goal of preserving the tree before it was too late for mitigation would be something that most would support. Libby asked about erosion barriers. City Planner Oakden said those would be required as part of the permitting process. Erickson commented that boulders are natural so perhaps a high level of screening is not necessary. Kraemer moved,Schultze seconded,to approve LA23-000023 Bob Renaud,Minnesota Green, 1856 Shadywood Road,request for A 75' lake setback variance with the conditions set by staff.VOTE: Ayes: 5,Nays 0. 4. LA23-000024 SARAH& KEVIN REVERING, 1960 FOX RIDGE ROAD,REQUEST A FRONT YARD SETBACK VARIANCE FOR AN ADDITION. City Planner Curtis gave a presentation on the item, stating the applicants are proposing a small 350 square foot garage addition on the west side of the home connecting to the existing attached garage and accessible to the existing driveway. The property is a corner lot situated on Brown Road South and Fox Ridge Road. The existing home is set back 56.9 feet from Brown Road. The garage addition on that side would result in a 46-foot setback because the home is angled with respect to the property line, she said. That small portion of the addition would require a front setback variance. Practical difficulties include a wetland and a septic treatment area on a portion of the lot making that part unbuildable.No public comment has been received. Staff recommends approval of the variances. Page 4 of 8 MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. Sarah and Kevin Revering, 1960 Fox Ridge Road,the applicants, also pointed out that it is difficult to locate anything on the lot because of the wetland and septic culvert. They said they had spoken to all their neighbors and no one voiced any objection to the plan. Acting Chair Ressler opened the public hearing at 7:07 p.m. There were no public comments. Acting Chair Ressler closed the public hearing at 7:07p.m. The Commissioners discussed the item.Ressler said, again the problem was the building envelope and the positioning of the property,adding there doesn't seem to be anywhere else for this to go. Kraemer also said it looked like a good addition. Schultze said he appreciated the effort to go back as far as they could with the addition. Kraemer moved, Schultze seconded,to approve LA23-000024, 1960 Fox Ridge Road, request for front yard setback variance for an addition.VOTE: Ayes: 5,Nays 0. 5. LA23-000025 REVISION LLC, 165 CRISTOFORI CIRCLE,REQUESTS VARIANCES TO PERMIT AN OVERSIZED ACCESSORY BUILDING ON THE PROPERTY STREETWARD OF THE PRINCIPAL BUILDING. City Planner Curtis said the applicant is proposing to construct an accessory garage with a footprint of 1400 square feet in front of the home on the property. The building is considered to be an oversized accessory building or an OAB in the code. The applicant proposes to construct the garage 72 feet from the front property line. The home is situated 142 feet from the front property line, she said. It would meet the required principal building setback but an accessory structure cannot be an OAB, Curtis explained, so a variance is needed to construct the proposed garage that size in the current location. Staff finds viable alternatives for this project that would conform to the ordinances and not require variances.These include reducing the garage to 1,000 square feet or moving it further north on the property. Staff recommends denial of the application as applied. Peter Antonenko, 165 Christofori Circle,the applicant,explained why they chose that location for the garage. To the north behind the pad for the asphalt there is the existing septic,he said. Going to the west would have meant removing a lot of trees and bringing in dirt. To the south there is a geothermal field. The location selected requires the least amount of tree removal. The existing home does not have much storage in relation to the mechanical. The size of the garage was designed for extra storage for seasonal items and kids' seasonal sports equipment and bikes,he explained.The driveway configuration would make it difficult to park cars when the kids are old enough to drive in a few years. They said they only have three neighbors and they are in favor of the plan as it doesn't block anyone. John Daly,Revision LLC,Wayzata, said he worked with the applicant on the project.He said it is about a 2.5 acre site. The lot appears to be large but it is pushed back quite a ways from the street view and there is a large hill. There is still a significant amount of front yard. The home and the structure can't be seen from the street.He said he looked at the reason for ordinances such as the view and impact on the Page 5 of 8 MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. neighbors and felt those concerns don't apply here.Also,this protects the majority of trees on the property and they were interested in being good stewards of the environment. Libby said he had visited and would call it an estate setting in that it is very private.He asked why they approached their storage needs as an accessory structure rather than as an addition to the house. Daly explained they felt this approach served all the needs better including extra cars and turnaround. The applicant said part of the intent was to be able to have the snowmobile trailer inside rather than sitting outside on the property. He said the house itself was already a little larger than they wanted so they didn't want to plan an addition to the house. He also said living in the country he prefers larger vehicles. Acting Chair Ressler opened the public hearing at 7:26 p.m. There was no public comment. Acting Chair Ressler closed the public hearing at 7:26 p.m. Ressler asked how the City came up with the 1,000 foot standard for oversize accessory buildings. Curtis said over-sized buildings to the front of the building,the streetward side, did not use to be permitted but a change was made several years ago to permit them in rural areas. She said they would be permitted to build a structure that size if it were behind or even with the house. Oakden noted that the 1000 square foot building was limited and it was intended to make sure it was a relatively smaller building and that the main footprint and the principal building stayed as the larger mass structure on the on the site as intended to maintain that principal look. Libby said the intent of the ordinance was to not have intrusive structures too far out toward the road. But this is a unique circumstance,he said,where it does have the appearance of being quite a significant piece of property.He added it would be defeating this family's needs by pulling 400 feet out of the building that they need to have.Moving it to the back of the house would be impractical.He said he would be in favor of the application. Kraemer said he agreed with Commissioner Libby,noting that there are obstructions on the back of the lot.He said if they are limited to 1,000 feet the City would just end up with snowmobile trailers and other vehicles outside. Erickson said he had served on the ordinance committee as well and in 10 years of serving on the Long Lake and Orono Planning Commissions he can't remember any time when an applicant was approved for a variance when he had two avenues to conform to the ordinance.He said most of the practical difficulties were not met.He pointed out the applicant was asking for a building 40 percent larger than the ordinance. Libby pointed out they were asking for 1,000 feet less than they could build if they built it behind the house. Ressler said he did not think the request was egregious but the City does have its code to follow. Page 6 of 8 MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. Libby said in general terms accessory buildings standing out in front of the primary structure,where they're highly visible and the size and the appearance of those buildings can be offensive to the general public,that the thought process of limiting to 1,000 square feet or having to put it in the back of the building makes sense. Libby said in this case even though it doesn't conform to code it is worthy of granting the variance,because nobody's going to see it. Commissioners discussed whether any conditions should be put on a motion for approval regarding grading and preserving trees. Ressler said if the application is denied it doesn't mean it stops. It would go on to the City Council.He said he thought it would be more proper to look at the ordinance language to see why this does not fit and he would plan to vote opposed. Libby moved,Kraemer seconded,to approve LA23-000025 Revision LLC, 165 Cristofori Circle, for variances to permit an Oversized Accessory Building on the property streetward of the principal building as applied.VOTE: Ayes: 3,Nays 2 (Erickson and Ressler). 6. LA23-000028 LOREN AND JULIA PARKS,350 CRESTVIEW AVENUE,REQUESTS LOT AREA,FRONT YARD SETBACK,SIDE YARD SETBACK,REAR YARD SETBACK,AND 75-FOOT CREEK SETBACK VARIANCES,AS WELL AS A VARIANCE FOR HARDCOVER WITHIN THE 75-FOOT CREEK SETBACK IN ORDER TO REDEVELOP THE PROPERTY. City Planner Curtis said the applicants are requesting a number of variances in order to support the construction of a new home on the property. The applicant is proposing a two-story home with a full basement. The property is non-conforming in size. The small lot sizes and the impact of the 75-foot Creek setback combine to make the lot nearly unbuildable, she said. The following variances for setbacks are requested:27-foot front yard setback; a 10-foot side yard setback from the north side lot line,a 34.7-foot rear setback, and a 39.4 setback from the creek.The new home plan was designed to minimize the hard cover within the creek setback as well,Curtis said. She added there have been calls and questions from neighbors but no public comments. Staff recommends approval of the variances as applied. Curtis said the planning commission should consider a recommendation for approval which includes the use of pervious paver materials for the proposed patio area in order to offset some of the stormwater impact within the creek setback. Julia and Loren Parks,350 Crestview Ave., said they purchased the home several years ago. Prior to that, about 10 years ago,the pervious owners had put forth a building plan that had been approved. They tried to stay very close to the previous owner's plan. They have a family and are looking to build a home where they can raise their children in the community.They initially proposed building closer to the creek but moved the plan several feet toward the road with the creek set-back in mind. The proposed patio is within the existing footprint for the current house. They also said they have conditional approval from the watershed district. Acting Chair Ressler opened the public hearing at 8:17 p.m. Page 7 of 8 MINUTES OF THE ORONO PLANNING COMMISSION June 20,2023 6:00 o'clock p.m. Mike Huthwaite, 3382 Bayside Rd., said their home is almost kitty korner from the applicant's. He said he has looked at the plans for the house and wanted to speak for the neighborhood in saying it looks excellent and will be a nice house for a nice family.He said it would affect them the most as they are right across, and it will affect them positively. Acting Chair Ressler closed the public hearing at 8:19 p.m. Ressler said staff is in support of the application and it makes a lot of sense. Erickson moved,Kraemer seconded,to approve LA23-000028,350 Crestview Avenue, variances as Applied.VOTE: Ayes: 5,Nays 0. OTHER BUSINESS—Update on June 12,2023 City Council Meeting Oakden updated the Commissioners on the June 12, 2023 City Council meeting noting the Council reviewed four items the Planning Commission had previously reviewed at that meeting and supported each of the recommendations of the commission. ADJOURNMENT Libby moved, Schultze seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 5, Nays 0. The Orono Planning Commission meeting adjourned at 8:21 p.m. ATTEST: Christopher Bollis, Chair Page 8 of 8