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HomeMy WebLinkAbout02-16-1988 Planning MinutesmmiTItS OF THE PIAmiHG CXMOUSSIOH !TIHG FBBKDJURT 16, 198|i ATTBHDJUKni 7s04 P.N. The Orono Planning Conanission met on the above date with the following members present: Chairman Kelley, Johnson, Hanson, and Cohen. Brown arrived at 7:06 P.M. Bellows arrived at 7:08 P.M. Taylor was absent. The following represented the City staff: Building 6 Zoning Administrator Mabusth, Building Official Jacobs, and City Recorder Peterson. CounciImember Peterson was also present. 610 TBZnUt PABBICS - DISCOSSIOM Engineer Michael Lynch of Bonestroo, Rosene, Anderlik 6 Associates showed samples of various types of weed control fabric used in landscaping noting the basic two types: woven and unwoven. He explained the importance of the type of rock placed over the fabric that actually determines the permeability of the area. Using landscape washed rock over the fabric would allow water to drain through the rock and fabric, whereas, the use of roadway base rod which becomes hardpacked would allow little drainage. Based on this information. Bellows felt that if the fabric were allowed, it would be necessary to control the type of material placed on top of it. She voiced concern with abuses and enforcement problems that would occur with allowing the use of geo textile fabric. Kelley concurred with Bellows and he would rather remain conservative in this issue in that anything other than grass was considered hardcover. Hanson felt that it was unreasonable to consider the use of the fabric as hardcover considering the permeability of the fabric. Kelley, Cohen, and Bellows, felt that the real problem involves control of the use. Bellows felt that allowing the use of the fabric would gradually impact requests to allow decks constructed with certain spacing not be considered hardcover. Engineer Lynch noted some other facts about weed control fabric as follows: -fabric impedes the growth of weeds to a certain extent -water drains through fabric faster than through topsoil -fabric is rot proof as long as it remains covered and is not exposed to prolonged sunlight. MIMUTKS OF THE ELMDIIHG CQMIIISSIOE HBBTIH6 HELD FSERIART 1€» 19S8 GEO TEXTILE TABEICS COHTIHUSD , ^ . -weed control fabric is not the same fabric used for stabilization methods Johnson felt that the use of weed control fabric with appropriate rock in landscaping should be considered 100% non-hardcover, but considered hardcover when used in driveways. Decks should still be considered hardcover. The majority of the Planning Commission felt enforcement surrounding the use of the fabric would be difficult. «124i WLTBR MHITE 1100 OLD CBTSTAL BAT HOAD SOOTH PRELHIIHAET SOBDIVISIOM PUBLIC HEARIEG 8:03-8i0S ^ „ 4,,The Affidavit of Publication and Certificate of Mailing were noted. Walter White was present for this matter. Mabusth explained the request for a two lot division of the 25+ acre homestead. Lot 1 contains the required 2 3cres of dry land. Lot 2 contains 23.1 total acres. Sewer is available for these lots. The County finds no problem with the proposed shared driveway access. She noted the fact that Lot 2 does not have the required 200* of width 50* in, noting that moving the lot line would create more problems with existing improvements on Lot 2. Therefore, staff recommends granting the width variance. Bellows noted that there was a natural sense of the topography that makes the proposed lot line more sensible as opposed to making an artificial line. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Johnson, to recommend approval of the preliminary subdivision per staff's findings and recommendation. Motion, Ayes 6, Nays 0, MIMUTBS OF TBK PLMmi|6 COMUSSIQI IKiTiaG IKLD fmiUUIT 19|8 MtDIHAaCB AMBMDMBMT ~ CIASIPICATIOM OB D8B OP CLEM PtU. PUBLIC BBMIIB6 9:07-9*07 The Affidavit of Publication was noted. There were no comnents from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Bellows, to recommend approval of the proposed ordinance amendment clarifying the use of clean fill. Motion, Ayes 6, Nays 0. #1218 B8TBTB OP BOTH SNITH/CBDBICK DBTTLQPP 387 OaOBO QBCBBBD BOAD SOOTB PBBLmiHBBT 8DWIVI8I0B COBTIBOATIOB Of PUBLIC HBABIBG 7:31-8:02 Attorneys Betsy Baker and Edward Callahan representing the Estate of Ruth Smith and Attorney Larry Berg representing Cedric Dettloff were present for this matter. Mabusth explained that this matter was tabled at the November Planning Commission meeting pending resolve of the location of the existing septic system within Lot 1, need for the realignment of the shared lot line providing a future access corridor for Lot 2 if developed at some point in the future, and determination as to the type of wetlands within Lot 2 not currently shown on the preliminary plat. The adjacent property owners, the MacMillan's have executed a preliminary purchase agreement pending resolve of this subdivision application. The septic location and type of soils within the designated wetland issues cannot be resolved until spring, therefore, staff recommends resolve of these issues prior to final plat approval. Cohen objected to recommending preliminary subdivision approval prior to resolving these issues. Attorney Callahan felt that the issues to be resolved were of no consequence to granting preliminary approval of the two-lot subdivision. Cohen voiced concern with dealing with the septic system issue if it is found to be encroaching the lot line. Attorney Callahan felt that if the septic system was encroaching the lot line it would just be a matter of moving the septic system not the lot line and therefore should not delay preliminary subdivision approval. MIBOTBS OF THB PIAMIIIMG COMMISSIOM mm 1 I >1 P •FKBSUMtT If, 1988 •1218 SmW/DBTTLOFF COMTIKOBD Mabusth stated that staff has no problem with granting preliminary subdivision approval as outlined in staff memo. Attorney Berg stated that if the septic system encroaches the lot line, they would either have to move the septic system or seek a variance from the City for the septic system because it has historically existed in its present location. Mabusth noted that variances are not granted for septic systems from newly created lot lines. Mabusth also noted that the proposed buyer has voiced concern with the access issue and has asked that this bo tabled until this is resolved, however, they have no official interest in this property at this point. Kelley felt the Planning Commission should deal with the application as proposed. Attorney Berg stated that the prospective buyers' attorney has not responded to any concerns in a timely manner and did not feel it would be appropriate for the Planning Commission to table the matter based on the fact that the prospective buyer may have some concerns. Attorneys Baker, Callahan, and Berg requested that Planning Commission proceed with reviewing the application and make a recommendation. Referring to staff's recommended condition of approval #3 "Prior to final plat approval, the City must receive full penalty fee payment". Attorney Baker objected on the basis that the statute of limitations has run out, noting that Mr. Smith died seven years ago and the current beneficiaries of the estate are three non-profit charities. Attorney Berg stated he understood the City's position in dealing with an illegal subdivision, however, based on the history of subdividing the properties, the owners were unaware that they were doing anything Illegal. Referring to the minutes of the November 16, 1987 Planning Commission meeting, Kelley noted that this application was tabled "pending resolve of the location of existing septic system on Lot 1", which still has not been done. Planning Commission majority felt that this must be done prior to making a recommendation. 4 . I ^»PBUOART 16, 1988MiaUTlS OF THB PIAMHIHG COMMISSIOM NBBTIHG «1218 SNITH/DBTTLOFP COMTiaUKD Attorney Berg stated that the cold weather has prevented them from resolving the septic system issue. He felt the Planning Commission could approve the preliminary subdivision subject to requiring the septic system be moved if found to be encroaching the lot line. Bellows noted that proof that an acceptable septic site exists on every parcel is required for a subdivision, of which no testing on Lot 1 has been done to verify this, and the promise to move it cannot be made without the knowledge that an alternate site is available. Attorney Callahan stated that if Planning Commission feels that the septic system issue must be resolved prior to making a recommendation, he requests that this matter be tabled until adequate information is available. He noted that he is also concerned about the lot line/access problem. It was moved by Cohen, seconded by Bellows, to table this application pending resolve of the septic system location on Lot 1. Motion, Ayes 5, Mays 1. Johnson voted nay stating he found no problem with giving conditional approval of the preliminary subdivision. *1240 MAFMtUt DAIRY QOBBH 3574 SBOSBLIHB DRIVB COMBRCIAL BITS FLAM REVIEW/ VARIAflCE/COHDITIOBRL USB PERMIT aMTIWQATIOE OF PUBLIC HEARIM6 8:06-8(18 Rick Plalsted was present for this matter. Jacobs explained the revised proposal for a drive- thru/pick up station addition on the west side of building and moving the garage storage area further north on the property. He submitted the landscape plan provided by applicant which provides 20 parking stalls. Jacobs stated that based on other cities parking requirements, which vary, he recommended a standard for thisy type of use of 1 parking stall per 60 s.f. of building with a minimum of 15 parking stalls. Bellows noted that 5 (#1,2,3,10,16) of the proposed 20 stalls shown on the landscape plan were not feasible parking stalls. However, without these 5 stalls, the plan still met the recommended 15 minimum parking stalls. Due to the upcoming County Rd. 15 improvements delaying the final landscaping for this project, Kelley recommended requiring a letter of credit for completion of the landscaping. mmTBS OF TBB FLMnilHG COMIISSIOH MBBTI>G HELD FOSUART i$l8 11240 ■RVABBB SAIKT QOBn COMTIFOBD There were no comments from the public regarding this matter and the public hearing was closed. Regarding the lighting and signage, Mr. Plaisted stated he does not anticipate any changes to the existing. It was moved by Hanson, seconded by Johnson, to recommend approval of the variance and conditional use permit per staff's findings and commercial site plan with the 15 minimum parking stalls subject to obtaining a letter of credit for the final landscaping. Motion, Ayes 6, Mays 0. #1242 lAnr 4 AMDUN DOHCAISCM 690 WntTB BBOmi ROAD CORDinOHAL OSR PERMIT PORLIC BEARIM6 8:20-8:23 The Affidavit of Publication and Certificate of Mailing were noted. Andrew Duncanson was present for this matter. Mabusth explained the request for a conditional use permit to allow a non-rental caretaker apartment within the principal residence. She noted that the primary access to the apartment is via the interior of the principal dwelling with a secondary exterior access through a sliding glass door. The property contains 25 acres and meets the lot area standards. Staff recommends approval finding that it meets all the requirements within the recent ordinance amendment. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Bellows, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1243 6LBHH 4 JANE SLAUGHTER 4545 HATXATA BOULEVARD COHDITIOHAL USE PERMIT PUBLIC HEARIHG 8:25-8:40 The Affidavit of Publication and Certificate of Mailing were noted. Glenn and Jane Slaughter were present for this matter. Mabusth explained the request for a conditional use permit to allow a guest apartment within the principal dwelling. Interior access is provided through the unfinished utility room, and exterior access is provided MIHOTBS OF THB PLAHMIK CXNIMISSIOH HKETIHG HSLD FBBROMIT It, 1988 #1243 8IA0GBTBK CORIHDKD from the apartment living room on the west side of the house. The property contains 5+ acres and meets all required lot standards. Staff's major concern is the interior desing of the apartment which appears more of an independent part of the principal structure and not as interdependent as the code sections would suggest. There is also the potential for expansion to a 2 bedroom unit. Staff felt there was a greater potential for a unit such as this to be rented at some time in the future. Planning Commission also felt that the primary access to the apartment was through the exterior access door not through the unfinished utility room. They also felt that the area of the apartment was excessive for guest/live-in help and should be cut down in size. They also recommended that the utility room with interior access be finished to blend into the principal residence. Jane Slaughter noted that the proposed den could remain locked and used for their personal storage not part of the apartment. She also stated they would finish the utility room and enclose utilities as recommended. i'^.Jre were no comments from the public regarding this matter. It was moved by Brown, seconded by Bellows, to table this application pending submission of an alternative floor plan per Planning Commission's directives. Motion, Ayes 6, Nays 0. #1244 DALE C. PALM 1710 8BADT1IOOD ROAD VARIAMCB POBLIC HBARIHG 8:42-8:52 , „The Affidavit of Publication and Certificate of Mailing were noted. Chris Palm was present for this matter along with their attorney, Dan Boivin. Mabusth explained the request to keep structural and non —structura 1 hardcover scheduled for removal as a condition of approval of a previous variance application. Applicant wishes to retain the detached garage (a non-conforming structure), additional paving around the garage, and the bulkhead door access to the basement on the lakeside of the residence. Miaons OP ras PUunnvG cqhmissioh mbbtihg hkld pbbroart 16, 1988 §1244 PALM CORIMUSD ^ Attorney Boivin stated they are requesting a hardship variance. They would like to retain the garage for additional needed storage area and parking. They have also realised the extensive cost involved with removal of the garage and concrete. They would also like to keep the bulkhead door for severe weather emergencies and easier access to utilities. They also ask that the concrete driveway be allowed to remain^ noting that a 15'x 15' backup apron was previously approved, but has been found to be disfunctions 1 unless one is backing out of the garage. Chris Palm stated that they believe in the hardcover regulations to protect the property and lake, but feel removal of a perfectly good structure is not necessary. She explained the uselessness of the previously approved backup apron. There were no comments from the public regarding this matter and the public hearing was closed. Kelley stated he was not in favor of amending the conditions of the previous resolution of approval, however, he felt that the approved 15 ’x 15* backup apron could be relocated. * Cohen and Bellows agreed with Kelley. Brown and Johnson felt that there was no hardship to justify amending previous approval. It was moved by Kelley, seconded by Johnson* to recommend denial of the request. Motion, Ayes 6, Nays 0. §1245 BEmSPIM COOHTT DEPT. OP TRAM8PORTATION/ CITY OF OROMO - CTT. RD. 15 HITHIM 8AVARRB CCWDITIOMAL OSS PBRNIT/VARIARCB PUBLIC HBAR1B6 8:55-9:05 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request for a conditional use permit and variance to allow grading and filling activities in excess of 100 cubic yards and within 75* of the lake, floodplain, and within 26' of a designated wetland. This project is in conjunction with upgrading County Road 15 within the Navarre area. 8 i<^..iM1*-.«lfe Jlu .xdk .M,. -i—-vtv.^ 'IS'Dl;\ M I*VBS OF THE PUUnillK COMNISSIOH ITIE6 PBBROART 16, 1988 1X245 • I .m. CTT. DBPT. OP TRIUiSPOItATIOli COMTINI Sandy and Joe Rauschendorfer , 3895 Shoreline Drive, voiced concerns with loss of their parking area use and drainage onto their property. They also asked how approval of Hennepin County's request would impact a future request from them to construct a garage? Mabusth stated she could only advise them that they would have to apply for a land use application and state their case at that point in time. Kelley concurred stating the City could only review the future Rauschendorfer land use application based on its own merits and hardships. Mabusth suggested that if residents of Orono find that access to their property will be severely restricted as a result of this improvement and the County has failed to address their need, residents should contact the City. Sandy Rauschendorfer stated that they have talked with numerous people at the County regarding possible damage to their property from this project and the need for natural screening for noise and pollution control, with no positive results from the County. Cohen suggested that the Rauschendorfer's contact the County Commission if the are having problems dealing with the County; and contact the City regarding safety concerns. There were no other comments from the public regarding this matter and the public hearing was closed. It was moved by Johnson, seconded by Kelley, to recommend approval of the conditional use permit/variance as proposed finding the hardship to be for the health, safety, and welfare of County Rd. 15 travelers per staff recommendation and subject to the County approving appropriate screening where County Rd. 15 impacts a residential property. Motion, Ayes 6, Nays 0. MIMUTBS OF THB PUBBIK O IISSIOB ITIB6 E tOBRY 16, 1988 #1247 BOBBRT POSTBDMDS RBCOKD LOT 40 - BIG ISLABD VARIABCBS PUBLIC HBARIBG 9s0€-9:06 The Affidavit of Publication and Certificate of Mailing were noted. Robert Posthumus was not present for this matter. There were no comments from the public regarding this matter. It was moved by Kelley, seconded by Cohen, to table Application 11247 until applicant or representative was present. Motion, Ayes 6, Nays 0. D1SC08SIOB Bellows reported on the status of the City facilities study and recommended that the Planning Commission become actively involved with the site analysis of the study. Mabusth and Bellows also relayed a suggestion from the last Council meeting that a subcommittee be formed to review zoning amendments. They recommended that this committee be limited to 5 members possibly consisting of a CounciImember, Planning Commission member(s). Park Commission member, and staff member. APPROVAL OF NlBUnffi PLABBIBG O AOJOUR] It was moved by Kelley, seconded by Hanson, to approve the Minutes of the Janaury 27, 1988 Planning Commission meeting as submitted. HISSIOB RBPRBSBBTATIVB Cohen was appointed to attend the March 14, 1988 Council meeting. IT 9:15 P.M. The Planning Commission meeting adjourned at 9:15 P.M.