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HomeMy WebLinkAbout04-18-1988 Planninng MinutesSSIOH NBBTIMG MOLD APRIL 18, 1988MIHOTBS OP THE PLABBISG O ATTEHDANCB 7sll P.N. The Planning Commission met on the above date with the following members present; Chairman Kelley, Johnson, Hanson, and Cohen. Brown arrived at 7:17 P.M. Bellows was absent. The following represented the City staff: Assistant Planning t Zoning Administrator Gaffron, Building Official Jacobs, and City Recorder Peterson. Mayor Grabek and CounciImember Callahan were also present during the meeting. *1218 BSTATB OP KDTB SMITH 387 (HKNK> OBCBARD HOAD SDBDXVTSKHI CCMTIHUBD RBPIEII 7:12-7:15 Gaffron reviewed staff's continued recommendation of denial of the two plat application finding the information is incomplete concerning specifically the necessary septic information for Lot 1. Attorney John Krenn, representing the estate, was present for this matter. He referred to a letter from Attorney Larry Berg, who represents Cedric Dettloff in this matter, which acknowledges the responsibility for relocating the on-site septic system on his property if the tests being undertaken should disclose that the on­ site septic system encroaches upon proposed Lot 2. He noted that they anticipate that the testing will be done prior to the April 25th Council meeting. He stated that the estate is anxious to finalize the purchase agreement for the property and requests Planning Commission make their recommendation at this meeting. Chairman Kelley noted that during the November and March reviews. Planning Commission indicated that they would not recommend approval prior to the necessary septic information, and felt that nothing has changed in this respect. It was moved by Cohen, seconded by Johnson, to recommend denial of the application per staff recommendation. Motion, Ayes 4, Nays 0. (Brown not present for this vote.) *1233 MICHAEL HALLEY HONES INC. 2715 PENCE LAND CONDITIONAL USE PERMIT t VARIANCE PINAL REVIEW OP REVISED PLAN Planning Commission held this application until the end of the meeting waiting for the applicant or a representative to be in attendance. It was moved by Chairman Kelley, seconded by Cohen, to table any discussion in this matter until a representative was present. Motion, Ayes 5, Nays 0. iinnmis or tht piAiuK comhissioh mbbtii^ mrj> april is, isss §1255 ORVILLE PI8HBR 1991 FA6SRRB8S POIRT RORO VAR1ARC88 PUBLIC BBRRIBG 7:16-7:28 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for hardcover and lakeshore setback variances to construct minor additions and revamp garage and driveway areas. Orville Pisher was present and explained a drainage and ponding problem in his driveway which he plans to solve in conjunction with this construction. He noted that he needs storage area because the residence has no basement. He stated that he is in agreement with the staff recommendation except to relocate the shed to maintain the 10', setback because the alternate location would not be aesthetically pleasing. Chairman Kelley noted the the overall actual hardcover will be reduced approximately 2t wif. this proposal. There were no comments from the public regarding this matter and the public hearing was closed. Cohen stated that although he found no problems with the plan he felt that a drainage plan should be submitted and approved by the City Engineer prior to Planning Commissions recommendation. Mr. Fisher explained that the planned drainage improvements will not affect the Rezabek property and he noted that he was made aware of the need for a drainage plan in staff's memo received just this past weekend. Chairman Kelley read into the record a letter from the adjacent neighbor, Allan Rezabek of 1989 Fagerness Point Road, stating his concern regarding the storage shed and requested the shed to be moved to conform with the required setback. Mr. Fisher did not understand why the existing location of the shed would be of concern to Mr. Rezabek, especially since Mr. Rezabek stores his boat next to the shed. He also noted that if he relocated the shed to the alternate site, Mr. Rezabek's bay window would look upon the shed. Chairman Kelley asked about the status of the willow tree recently removed within the lakeshore yard. Niaom OF THE piAimiiiG cdMUSSioii liBSisG mo A pril 18, I98t il25S PISBBR COHTIW Mr. Fisher stated that he has an extensive landscape plan which includes two large ash trees to replace the lost willow tree, which split in two and fell onto his dock. Chairman Kelley and Cohen in viewing the property did not feel relocating the shed would create any visual impact when entering the driveway, as was stated as a concern by Mr. Fisher. Applicants contractor, Fred Royle, was present and showed photos of the site to the Planning Commission. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending the drainage plans being submitted and approved. Motion, Ayes 2, Nays 3. Johnson, Brown, and Hanson voted nay stating they could recommend approval subject to the drainage plans being submitted and approved prior to Council review. Motion fails. ♦ ' f 5 ■f. It was moved ty Brown, seconded by Johnson, to recommend approval subject to the drainage plans being submitted and approved prior to Council review, and per staff i.ecommendation except condition #6 requiring the relocation of the storage shed. Motion, Ayes 1, Nays 4. Kelley, Hanson, Cohen, and Johnson voted nay. Johnson stated he felt the shed should be relocated per the neighbor's request. Motion failed. Mr. Fisher asked if he could eliminate the shed and add an addition the same square footage as the storage shed to the house to compensate for the needed storage area? Planning Commission seemed agreeable to that suggestion. It was moved by Hanson, seconded by Brown, to recommend approval subject to the following conditions: 1. Submit a grading and drainage plan to be approved by the City Engineer prior to Council approval. 2. Relocate the storage shed to a location meeting the required setbacks; or remove the shed and allow the construction of an attached storage structure the same square footage as the existing storage shed. Motion, Ayes 3, Nays 2. Kelley and Cohen voted nay objecting to recommending approval prior to reviewing the drainage plans. Motion carried. .n* •! I lifnl HIVOTBS or THE PLMnilMG COMMISSIQH MBBTIEd APHIL lSir 19S8 *1259 WILLIAM C. ODDBS 3450 EOMTH SHORE DRIVE VARIAHCB POBLIC HEAR1H6 7:50-7:52 William Odden was present for this matter. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for hardcover variance to ccnstruct a three stall detached garage. He noted that in 1977, the City Council approved the proposed garage and additions subject to the driveway being gravel, which at that time was not considered hardcov’er. A variance is required due to the extreme length of driveway hardcover in order to serve the proposed garage. 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 per staff recommendation including the condition that no additional future hardcover bo approved for this property. Motion, Ayes 5, Nays 0. #1260 JOBE EYQOIST 1432 BALDOR PARK ROAD VARIAHCB POBLIC BBARIHG 7:53-8:09 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request to tear down an existing detached garage and construct a new detached garage requiring variances as follows: Hardcover - 0-75' No change 75-250’ Existing 40.9% Proposed 53.8% Side Setback - Required 10' Existing 2' (existing garage) Proposed 5' (proposed garage) Street Setback - Required 30' Existing 3.8' (existing garage) Proposed 20' (proposed garage) Gaffron noted that in 1982, the applicant, without approval, constructed the currently existing patio, with after-the-fact direction from staff as to how it would have to be reconstructed in order to remain. MiaUTBS OP THE PUBEIEG SSIOH ITISG APRIL 18, 1988 : I #1260 HTQOIST COHTIBUBD John Nyquist was present for this matter and stated he has o%med the property for 11 years Including during the period in 1979 when variances were granted for other changes to the property. Chairman Kelley questioned what has occurred on the property since that time. Gaffron reviewed the changes made on the property since that time, noting that the variance granted in 1979 reflected a less rigorous method of hardcover calculation in use at that time. Staff recommendation for this application, per memo, is that the plastic under the landscaping areas be removed, the sidewalk be cut down to a 2* width, and driveway cut down to 20' width resulting in a final 75-250' hardcover of 42.8%. In addition, staff does not see an obvious hardship to allow less than a 10* side setback for the garage. Mr. Nyquist stated he is agreeable to staff's recommendation except to maintain the 10' setback. He noted that many of the neighboring properties have a garage setback comparable to the proposed 5' setback. He also noted that if a 10' setback is maintained he would have problems gaining access to the well on the property. He stated he is agreeable to removing the plastic around the house and is open to suggestions for its replacement in conjunction with solving the drainage problem into the house crawl space. Chairman Kelley felt the garage size and driveway could be cut down to reduce the hardcover an additional 2% so there would be no increase in 75-250' hardcover from what currently exists. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to recommend approval of the side and street setback variances as proposed, subject to removal of plastic within 0-75' that is not necessary to protect foundation/crawl space, and 75-250' hardcover not to exceed existing 40.9%. Motion, Ayes 5, Nays 0. MIHUTBS OF raS PIAMNIBG C(MMlSSIC»i !TIK ; 1.4 P •APKIL 18» 1988 *1281 JOB KAUSCBBBDOKFBR 3895 8B0ULIHB DRIVB VARIABCB PUBLIC HBBK1B6 8sl2-8t30 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained that that applicants were encouraged by staff to submit a variance application since the upgrade of Cty. Rd. 15 will have a major effect on existing structures and fence on their property. The applicants existing planter box will be removed as part of the Cty. Rd. 15 construction which will be replaced by the County, but only to the extent approved by the City of Orono. Part of the planter box and most of the fence are within the county road right of way. Applicant requests direction as to what restoration is allowable and how high a fence will be allowed. Additionally, applicant is proposing a phased upgrade, beginning in 1989, of the existing house including the reconstruction of foundation walls and construction of an addition on the lake side of the house and construction of an attached garage. Joe and Sandy Rauschendorfer were present for this matter and reviewed their future plans and stages to be done. Regarding the replacement of the fence, applicant would like to construct a 6' high privacy fence. Chairman Kelley felt that because applicants do not intend to start work until 1989, Planning Commission should only address the planter box and fence issue at this time. Mr. Rauschendorf er stated that they would like some conceptual direction from the Planning Commission regarding the extent they can use their property in order to decide if they want to remain living there. Chairman Kelley stated his major concern with any property improvements would be staying within the existing or less hardcover amounts. Regarding the proposed garage, Planning Commission felt the 10' structure-to structure-setback was necessary for safety reasons. Mr. Rauschendorfer stated that in order to build an adequate sized garage with turn around the required 10' structure-to-structure setback could not be maintained. There were no comments from the public regarding this matter and the public hearing was closed. JUBOTBS OP THB PLABHIBG COMMISSKM !T1HG 11-4^1 APRIL 18, 198A «1261 RAO&M: I j RPBR CXNrriHDBD It was moved by Chairman Kelley# seconded by Cohen# to table this application until June for additional information and further consideration. Motion, Ayes 5, Mays 0. Regarding the planter box and fence. Planning Comnission conceptually approved the plan per staff recommendations, noting that the fence at a maximun. height of 6* above the road crown would not need variances. 4 ^#1262 CURTIS BA6PORS 1412 BALDOR PARK ROAD VARIABCB PUBLIC BBARIBG 8:34-8s40 The Affidavit of Publication and! Certificate of Mailing were noted. . . ’ JAIsH.' We. > .'mm*'- - • Curtis Ragfors was present for inis siatter. Gaffron explained the application involving major additions to the existing house and replacement of the existing garage with a new double garage. The intent is to lift the existing house and move it into the 0-75' area temporarily (1-2 weeks) in order to put in a new foundation, then construct house and deck additions to the house and also construct a new detached garage. Variances requested are as follows: 75-250' hardcover - Allowed ■ 25% or 2572 s.f. Existing - 25.2% Proposed ■ 35.3% or 7294 s.f. Per staff's memo, this hardcover variance request is consistent with recent hardcover approvals on the adjacent properties to either side. Side setback for house addition - Required ■ 10' Existing house » 9.6' Proposed addition extension • 9.6' Variance = 0.4' Garage street setback -Required « 30' Existing “ 12' Proposed new garage Variance = 13' Chairman Kelley noted that the major issue was the hardcover variance. There were no comments from the public regarding this matter and the public hearing was closed. imniTBS or the PLunnac co ssicai TIKI BBLD APRIL 18, 1988 il2€2 IRS CORTIRDED Planning Commission felt that if the plan was to lift the house and replace the foundation, that the house could be moved over and back to meet the 10* required side setback and back so that the proposed deck does not encroach the average lakeshore setback line. It was moved by Johnson, seconded by Hanson, to recommend approval subject to the following conditions: 1. Lowest floor elevation must be 932.5' or higher. 2. House may be stored for up to 6 weeks in the 0- 75' zone. 3. Replace house to meet required setbacks. 4. Variances approved: a. Hardcover 75-250' - 35.3% allowed. b. Garage street setback of 17' allowed. c. Lot area/width variances. Motion, Ayes 4, Nays 1. Cohen voted nay opposing the hardcover increase. #1263 JAMBS RIVERS-HINDMARD MARIMA 1444 SHCHtBLIMB DRIVE COMDITIOMAL OSB PBRMIT/VARIABCBS/ COMMERCIAL SITE PLAN RBVIBH PUBLIC BEARIK 8:46-9x26 The '^ojvit of Publication and Certificate of Mailing were noted James Rivers was present for this matter. Jacobs reviewed the proposal to build two new structures on the property. Reviews1 of variances as follows: Parking - The property is 7 parking spaces short of the required number, which has previously been approved including a conditional use permit for commercial overflow parking in a residential district. No change to what currently exists is proposed. Of the 72 parking spaces provided. Planning Commission felt that 6 spaces should be designated for retail use 12 months of the year, and 66 spaces designated as seasonal spaces from May 1 - September 30 of each year. This was based on requirments of the retail space of building. Minimum Landscaping - Applicant is requesting a variance to the lakeshore, side var-1, and front landscaping section due to the parkin'^ requirements, size of the structure, the size of lot, and roadway through middle of the property. 8 I Sir •*' NiaUTBS OF THB PIAmilHG C0MMI8SI0H mm I APRIL 18, 1988 «12€3 RIVBRS-flIMDIIMa> NABIHA CONTIRDBD Chairman Kelley stated he was against granting Any variances for landscaping. Mr. Rivers noted that there is a pending legal case with the County regarding the right-of-way issue whereas ho is requesting the County vacate property they have never maintained. Jacobs reviewed the right-of-way issue noting that the County stated in their report that nothing is to be done within the County right-of-way. Planning Commission felt they could not make a recommendation involving the right-of-way until the matter was lesolved between the applicant and the County. Lot Area/Lot Width - No change from what exists. Street setback - Planning Commission felt that the required 15' setback should be maintained. Lakeshore setback/Lakeshore hardcover - Jacobs reviewed the hardcover variances requested from Tanager Lake and Browns Bay; and reviewed the proposed 30* lakeshore setback where 75' is normally required. Currently a 55' setback exists, however it is all hardcover, and the current proposal consists of a 30' grass area along the lake in front of the building. Planning Commission found no problem with the hardcover as proposed. Chairman Kelley felt that the setbacks should be maintained, building square footage should remain the same as it exists now and move it toward the Tanager Lake sidr. and then if necessary come back with a variance request for a lakeshore setback. It was noted that this issue could have a different impact if it was tabled pending the outcome of the right-of-way issue. ircial Site Plan Review - 1. Access - The City Engineer recommended a median, however Planning Commission felt a median would present access problems for large boats and suggested a mobile median device or none at all. The Hennepin County Transportation Dept, recommended turn lanes, however, staff excluded them from their recommendation, as it is not feasible since it would require work on neighboring property. MlflDTBS OP THE PLUDIIEG COMUSSlOH itlflG HELD APRIL 18, 1988 #1283 EIVERS-HIEDIIARD MARINA CCWTIHUED 2. Drainage - The City Engineer is requesting drainage plans and details to control the storm water run-off. The plan shows arrows for runoff but not how to handle it before it enters the lake. 3. Building 6 Screening plans - Jacobs reviewed these plans as outlined in staff memo. 4. Signage - Per staff recommendation, applicant plans to reduce the size of the lettering. 5. Pire Code, Sewer & SAC Charges - Reviewed and accepted per staff memo. 6. Landscaping plan - Plan must be provided. Staff recommends that the area south of the crane be oiade into green area. Planning Coimnisslon also wants 10' of green area in the front of the building on the Tanager Lake side of the property. There were no comments from the public regarding this matter. It was moved by Chairman Kelley, table this application until the been resolved with the County and consider comments made by the in developing this comprehensive Notion, Ayes 5, Nays 0. seconded by Hanson, to right-of-way issue has advising the applicant Planning Commission commercial site plan. #1264 TOM & CHRIS SMIBJA 20 CYGNET PLACE VARIANCE PUBLIC HEARING 9:28-9:30 The Affidavit of Publication and Certificate of Mailing were noted. Tom Smieja was present for this matter. Gaffron reviewed the request for lot area and lot width variances as follows: Lot Area - Required 2.00 acres. Existing 1.37 acres Lot Width - Required 200', Existing 193' along Cygnet Place Staff recommends approval based on the findings that the lot size is consistent with existing developed lot sizes in the general area, the lot can support suitable primary and alternate drainfiled sites, and no adjacent property is available for purchase to make this a conforming lot. MIHOTBS OF THE PLMniiaG COMMISSIOR *1264 SMIBJA COHTIH itiHG 3BU> APRIL IS, 1988 There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Brown, seconded by Johnson, to recommend approval of the lot area and lot width variances per staff recommendation and conditions. Motion, Ayes 5, Nays 0. 81211 6BRALO RBSLOHD/JAMBS NCCAFPBRY 1225 OROMO OAKS DRIVE COHDTIORAL OSE PBRMITAARIAECE FOR DRIVBNAT THR006B WBTLABD RBQ0B8* FOR REVISED LOCATIOE mPOliilATIOR ORLT Gaffron explained this matter where the applicants were previously granted a conditional use permit and variance to construct a driveway directly through a wetland in order to access the property on Orono Oaks Drive. As construction progressed, it became evident that the wetland was not as stable as had been thought and would not support the construction of a driveway. Therefore, applicants are proposing to remove as much of the placed fill as possible, allowing the wetland to return to its previous state, and relocate the driveway further west on an easement over Lot 8 owned by Gerald Neslund. Planning Commission accepted this information and staffs recommendation as presented. APPROVAL OF MIRUTES It was moved by Chairman Kelley, seconded by Johnson, to approve the Minutes of the March 21, 1988 Planning Commission meeting as submitted. Motion, Ayes 5, Nays 0. PLAHHIHG COMMISSKW REPRESENTATIVE Chairman Kelley was appointed to attend the May 9, 1988 Council meeting. ADJODRHNEHT 9:42 P.M. The Planning Commission meeting adjourned at 9:42 P.M.