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HomeMy WebLinkAbout07-17-2023 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION July 17,2023 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Chris Bollis, Commissioners Mark McCutcheon,Dennis Libby,Jon Ressler,Bob Erickson, Scott Kirchner and Gary Kraemer. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. Chair Bollis called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved,Ressler seconded, to approve the Agenda. VOTE: Ayes 7,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JUNE 20,2023 Kirchner moved,Kraemer seconded,to approve the minutes of the Orono Planning Commission meeting of June 20,2023.VOTE: Ayes 7,Nays 0. PUBLIC HEARINGS 1. LA23-000005 HAGEN LANDSCAPE,2699 KELLY AVENUE,REQUESTS A CONDITIONAL USE PERMIT TO RECONSTRUCT A SEAWALL WITHIN THE FLOODWAY DISTRICT City Planner Nye gave a presentation on the item, stating the application is for a conditional use permit for a seawall within the floodway district at 2699 Kelly Avenue. The seawall serves the entire channel and six properties that abut and is directly adjacent to the City's Lydiard Beach.The existing seawall is in disrepair and the applicant is proposing to construct a new metal seawall on top of the previous seawall, The City finds that all conditional use standards per the City code have been met,Nye said. The seawall protects the channel and the properties that surround the channels. The applicant will need to not only access Lydiard Beach but also will use it as a staging area for the construction. The applicant has stated that the construction of the seawall would occur in the fall and therefore minimize impacts to the beach. The City has placed the following conditions on the conditional use permit:that all regulatory permits from other agencies, such as the Watershed District and DNR are obtained and followed;that a building permit is obtained from the City prior to construction;and that encroachment agreement that be executed for the use of Lydiard beach.It is expected that the construction will take no longer than 30 days. The City will work with the applicant to communicate during construction. Staff is recommending the applicant be required to restore any damages to the beach, drive or dock during construction. The applicant is here. Staff recommends approval of the conditional use permit for the seawall. The encroachment agreement would just be for the time of construction. Chris Hagen, 3275 County Rd.44,Minnetrista,the contractor, said the existing seawall has been failing for some time and needs to be replaced.A steel sheet wall is planned to limit the damage behind the seawall to the wetland area.They are proposing not to do any tie backs and the beach is only needed as a staging area, as the mouth is too small for the equipment. The beach and channel space would not be Page 1 of 4 MINUTES OF THE ORONO PLANNING COMMISSION July 17,2023 6:00 o'clock p.m. impacted,he said.Any voids in the wall would be backfilled and some bowed places may require removal but the plan is to minimize disturbing the existing wall. Chair Bollis opened the public hearing at 6:09 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:09 p.m. The Commissioners discussed the item. Chair Bollis said staff did a good job putting this through properly as a CUP. He said it looked like a one-for-one replacement. Kirchner said he was concerned about the 30-day completion requirement because of weather or other difficulties and suggested giving staff the authority to approve a short extension if necessary. Nye said language could be added to the council resolution to allow an extension if needed although the applicant has indicated 30 days will be sufficient. Kraemer said he feels staff has done a good job and this seems like a reasonable way to replace a seawall. Ressler said the materials and design were consistent with work done around the lake. Ressler moved,Libby seconded,to recommend approval of LA22-000005,2699 Kelly Ave, Conditional Use Permit as applied.VOTE: Ayes: 7,Nays 0. 2. LA23-000032 PAUL SKOOG,250 TONKA AVENUE,REQUESTS VARIANCES FOR LOT AREA,LOT WIDTH,AND REAR YARD SETBACK TO CONSTRUCT A NEW HOME City Planner Nye updated the Commissioners explaining the applicant is proposing to demolish the existing home and construct a new home on the lot. The property is smaller in size and width than is required in the LR1 zoning district. The proposed home will be constructed in a similar location as the existing home as there are some topographical limitations on the lot,as well as an existing storm drain that impacts the placement of the driveway, she said. The applicant is requesting a rear yard variance, from 50 feet to 45 feet. That variance also triggers the need for variances from lot area and lot width. All other zoning requirements including hard cover and all other setbacks are met.Nye said staff agrees with the applicant's assessment and believes the property has practical difficulty supporting the variance requests. The applicants were present but Commissioners had no questions for them. Chair Bollis opened the public hearing at 6:17 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:17 p.m. Page 2 of 4 MINUTES OF THE ORONO PLANNING COMMISSION July 17,2023 6:00 o'clock p.m. McCutchen said he saw no issues with this application. Ressler noted the set-back for rear-yard was close to required at 45 feet instead of 50 and that the proposal improves the situation on the lot and other similar requests have been approved. Kraemer also said he was in favor. Erickson pointed out the plan would allow for a driveway with a moderate slope which is a good thing to have during a Minnesota winter. Kirchner moved, Kraemer seconded,to recommend approval of LA22-000032,205 Tonka Ave. variances as applied.VOTE: Ayes: 7,Nays 0. 3. LA23-000033 EDWIN& TRACEY STEPHENSON,559 PARK LANE,AN AVERAGE LAKESHORE SETBACK VARIANCE IN ORDER TO EXPAND AN EXISTING LAKESIDE DECK. City Planner Curtis explained the applicants are requesting an Average Lakeshore Setback variance to construct the lakeside deck off of the main level of their home with a stair down over an existing patio. They are requesting a 14-foot deck where a 7.5 foot deck would be permitted,resulting in an encroachment into the setback of about six and a half feet on the north and about three and a half feet on the south. The deck expansion does not appear to impact views of the lake from either neighboring property, she said. The applicant has identified the existing conditions as practical difficulties and have provided supporting documentation. They are in attendance. Staff finds the property's alignment with the neighbors,the topography and the home's orientation to the lake along the street create difficulties in expanding the home or constructing a functionally-sized deck on the lake side and recommends approval, she said,adding that no public comment has been received. Edwin&Tracey Stephenson, 559 Park Lane,the applicants, said they purchased the home two years ago and were not aware of all of the variances and all of the setback requirements. Over the last year or so they talked to their neighbors to see if they had any concerns and both indicated that it doesn't impact their view at all. Chair Bollis opened the public hearing at 6:24 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:24 p.m. Ressler said this is an Average Lakeshore Setback case which the Commission sees quite a bit. The City hasn't been able to make this one size fits all so it is necessary to look at the big picture.He said it did not look like the neighbors would be negatively affected in any way by the new deck,adding he does not like to see asphalt removed for a turnaround but realized they are trying to stay within hardcover limits. Kraemer said it is a nice project and well thought-out. Page 3 of 4 MINUTES OF THE ORONO PLANNING COMMISSION July 17,2023 6:00 o'clock p.m. Kirchner also said he supports it but hates to see the removal of a turnaround.He said the applicant didn't build the home so the practical difficulty of the existing home location was not created by the current applicant. Libby said it looks like a good plan and he is in support, adding it is a very scenic and pretty setting so having a nice deck to look at the lake is appropriate. Bollis asked about the removal of the turnaround,wondering if the applicant was proposing a one-to-one removal or going above the necessary removal of the hardcover. He said he agrees it would be a shame to lose the turnaround on the driveway. Curtis said the applicant is staying pretty equal as hardcover is 23.8 percent right now and will be 23.9 if the project is completed as proposed. There is a little bit of square footage that they could utilize so staff can work with them to see if it's necessary to remove the entire turnaround to stay with 25 percent. Libby moved, Erickson seconded, to recommend approval of LA22-000033, 559 Park Lane variance as applied.VOTE: Ayes: 7,Nays 0. OTHER BUSINESS—Update on July 10,2023 City Council Meeting Oakden gave a brief update on the July 10, 2023 City Council meeting. Three items for which the Planning Commission had recommended approval in June consistent with staff recommendations were approved on the City Council's consent agenda. LA23-000064,a house addition the Planning Commission had recommended for approval on a split vote was tabled and referred back to the applicant for reconsideration. LA23-000025,the Commission had approved on a split vote for an over-sized accessory building was withdrawn. The applicant redesigned it to be conforming. ADJOURNMENT Kraemer moved,Kirchner seconded,to adjourn the Planning Commission Meeting. VOTE: Ayes 7, Nays 0. The Orono Planning Commission meeting adjourned at 8:31 p.m. ATTEST: Christopher Bollis,Chair Page 4 of 4