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Home My WebLink About07-20-1987 Planning MinutesMiailTBS OP THE PLAHHIIIG COMMISSION :\ A >TING HELD JULY 20, 1987 tiUKS 7:12 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Johnson, Bellows,and Cohen. Taylor arrived at 7:15 P.M. Hanson and Brown were absent. The following represented the City staff: Building & Zoning Administrator Mabusth,Assistant Planning & Zoning Administrator Gaffron, Septic and Zoning Aide Knott, and City Recorder Peterson.Councilmember Sime was also present. #1170 nBCMX>RB Q. FBIG AND TIMOTHIT JOflllSCm 027 fi 629 PBRNDALB ROAD HORTH VACATIOH PUBLIC HBARIHG 7:15-7:15 ... The Affidavit of Publication and Certificate of Mailing was noted. Applicants request to vacate the existing drainage and utility easement located 5* either side of the lot line between Lots 1 and 2 of the Laurent Addition. The vacation request is in conjunction with the proposed lot line rearrangement which received recommendation of approval from the Planning Commission on June 15, 1987. Staff recommends approval subject to a new drainage and utility easement 5' either side of the new lot line being granted. There were no comments from the pub.l ic regarding this matter and the public hearing was closed. It was movew ‘ Chairman Kelley, seconded by Bellows, to recommend approval per staff recommendation. Motion, Ayes 5, Nays 0 . #1169 WEAR PARTNERSHIP ENTERPRISES INTERSECTION OF OLD CRYSTAL BAY ROAD AND MATSlTOliH R(^ CLASS III PRELIMINARY SUBDIVISION PUBLIC HEARING 7:30-7:45 ^ r o i-The Affidavit of Publication and Certificate of Mailing was noted. Applicant proposes an 8 lot plat within a 18+ acre tract of which 3.35 acres are wetland per City's mapping. It is applicant’s position that the area of the designated wetlands on the City's map is far too ambitious and with close inspection and testing these wetlands may be redefined. Bill Wear and his surveyor, Phil Nelson, were present for this matter. Phil Nelson addressed the wetland issue in which the DNR has indicated to him that this is not a DNR designated wetland. MiaOTBS OP THE PLAimiHG COMMISSIOH lO^lHG HELD JDLf 20* 1987 «1169 HEAR PARTH]LSHIP BHT. COHTIHOBD Chairman Kelley recommended that the wetland issue be resolved by DNR, staff and applicant before Planning Commission action. Phil Nelson reviewed the proposed preliminary plat, cul- de-sac and Outlet A. Planning Commission unanimously agreed that they found no problem with the preliminary subdivision as proposed contingent upon the wetland issue being resolved and the platting of 2 acre minimum lots. It was moved by Cohen, seconded by Chairman Kelley, to table this matter pending resolve of the wetland issue. Motion, Ayes 5, Nays 0. #1171 LAHDMARK CONSTRUCTION INC. 3820 & 3830 BATSIDB ROAD CLASS III SUBDIVISION PUBLIC HEARING 7:45-7:59 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth reviewed the application which applicant is in the process of purchasing the beach house property (Lot 3) and the farm house property (combined Lots 1 and 2) from Mrs. Miner. Applicant proposes a subdivision or platting to create one new building site. She explained staff's recommendation for alternatives regarding access. Paul Swanson, President of Landmark Construction, was present for this matter and explained his proposal, specifically his plan for an access road. He noted that he would like the riparian lot to serve all three lots and noted that LMCD allows one boat per 50 feet of lakeshore. He stated that if the lagoon is included, there is approximatley 300' of lakeshore. Zoning Administrator Mabusth stated that he would need at least 200' of lakeshore to satisfy riparian uses for one residential lot. Chairman Kelley stated they need more information regarding: -definition of wetlands, location on property -definition of dry buildable for Lots 1, 2 & 3 In addition, he felt only Lot 3 should have riparian rights. Paul Swanson stated that the LMCD told him he could have three docks on the riparian lot. MlWITBS OF THE PLAHMIHG COMMISSIOH IfSBTiVG HELD JULY 20, 1987 #1171 lAEDMARK COESTRUCTIOH INC. COMTIEUED Staff stated that the LMCD was referring to the usage level of 1 boat per 50' lakeshore for single ownership and that applicant may have been misled by this fact. It was moved by Chairman Kelley, seconded by Bellows, to table this application pending more information and a larger detailed site plan. Motion, Ayes 5, Nays 0. #1174 CRAIG ABDERSCEI 375 LEAF STREET ARD 3300 BATSIDE ROAD CLASS II PRELINIEARY SUBDIVISIOE PUBLIC HEARING 8:00-8:21 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the request to split a 5.7 acre parcel into two building sites of 2-plus acres each. -Lot 1 (west) is anticipated to access from Bayside Road. The proposed house site is to the rear of the lot where it widens out. The lot needs a width variance but does front on a public road. -Lot 2 will access from Leaf Street. The assumed house site is to the rear, overlooking the creek. This lot also needs a width variance. He noted that staff has concerns regarding the septic systems. Soil testing indicates that mound systems will be necessary. Staff is also concerned that the neigboring properties will have relatively little area for alternate septic sites because the southerly portion of Lot 1 (part of this subdivision) will no longer be viable as a potential future acquisition by either neighboring property for use as drainfield. Therefore, staff would suggest that this division may well seal the fate of the City's future determination of need to extend sewers to some properties in the study area east of Crestview. Staff is concerned about the drainage on this property only in that provision must be made to protect significant drainageways that traverse the property. Henry Furchner, 360 Leaf Street, stated he was concerned with disruption of a spawning area in the creek which is DNR protected. Assistant Zoning Administrator Gaffron stated he would check into Mr. Furchner's concern. In response to Bellow's question. Assistant Zoning Administrator Gaffron stated he felt comfortable that the 2 lot development could successfully sustain mound systems, however, would like better defined locations. ■k HINUTBS OP THE PLAHIIIliG COmaSSIOH TXHG HBIO JDLY 20, 1987 #1174 CRAIG AHDBRSOH COHTIH Bellows felt that this was a problematic subdivisoh indicating concern with access and staff’s septic concerns noting that there seemed to be many marginal issues. Cohen agreed with Bellows due to the "speculative" site plan submitted. Assistant Zoning Administrator Gaffron further explained the proposed plan pointing out the required setbacks (per Exhibit J). Planning Commission majority felt the access corridor width was the major issue and that lot width was adequate if all other standards were met. Mr. Furchner, again, indicated his concern with disruption of the creeK and drainage. There were no other comments from the public and the Public Hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending additional information and more detailed plan. Motion, Ayes 5, Nays 0. SOHIMG AMERDMENT STAHDARDS FOR ACCESSORY STRDCTDRBS PUBLIC HBARIHG 9s07-9:07 The Affidavit of Publication was noted. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Johnson, seconded by Cohen, to table this matter until the August Planning Commission meeting in order to provide more time for Planning Commission to review the proposed amendment. Motion, Ayes 5, Nays 0. #1056 OLAI HANSON 1390 RAILROAD AVENUE VARIANCE ~ ADDITIONAL REVIEW It was moved by Chairman Kelley, seconded by Bellows, to table this matter until the August 17, 1987 meeting per applicant's attorney request. Motion, Ayes 4, Nays 0. (Taylor not present to vote.) TING HELD JULY 20, 1987NINUTBS OF TBB PIAHHIHG COMMISSION #1128 RAHIBT AMDBRSOa 780 OLD CRYSTAL BAT ROAD SOUTH PRELIMINARY SUBDIVISION ADDITIONAL REVIBN Applicant’s Surveyor, Gary Gabriel, was present for this matter. Assistant Zoning Administrator Gaffron noted that the neighboring property owners were re-notified of this additional review. He explained tnat applicant revised the proposal to include 2 additional lots, extension of the road portion to be developed, and inclusion of a 50‘ road outlot to connect to the Kumlin plat at some future time. Regarding the access, Gaffron referred to City Engineer Cook and City Attorney Blatz' opinion that "the City would be hard-pressed to deny a plat with access location that meets the minimum standards even though we feel some other location would be better". From a planning standpoint. Bellows, Cohen, and Kelley felt the access should be lined up with Farview. Johnson felt the proposed access is adequate because it does meet the minimum access requirements. There was no one present from the public regarding this matter. Gary Gabriel stated that the building sites would be disrupted if the access were lined up with Farview. It was moved by Cohen, seconded by Chairman Kelley, to recommend approval per staff recommended amending Condition #1 as follows: 1. Access location shall be directly across from Farview Lane. Motion, Ayes 3, Nays 2. Johnson and Taylor voted nay finding the proposed access adequate. #1148 ST. EDWARDS EPISCOPAL CHURCH 865 FERNDALE ROAD NORTH CONDITIONAL USE PERMIT SECOND REVIEW Zoning Administrator Mabusth explained the request for a conditional use permit for a day care/pre-school instruction class use by the Montessori School of Wayzata Bay and Wayzata Home Base at St. Edwards Episcopal Church. She reviewed staff's recommendation of approval subject to findings and conditions listed in memo. She noted that the use would be limited to a maximum of 29 occupants (students, teachers, aides, etc.) at one time; and the responsibility for monitoring the joint use operation shall be St. Edwards Church. She also noted that the fire exits are at ground level. Jim NiaUTBS OP THB PLMmiHG COMMISSION tillG HBlD JULY 20, 1087 #1148 ST rARDS EPISCOPAL CHURCH CONTINUED Bellows encouraged a fenced play area even though the State and City has not required it. Zoning Administrator Mabusth noted that both agencies have confirmed that the children are never outside unsupervised. It was moved by Chariman Kelley, seconded by Taylor, to recommend approval per staff recommendation. Motion, Ayes 5, Mays 0. #1165 STEVEN FAT 3045 CASCO POINT 1 VARIANCES The Affidavit of Publication and Certificate of Mailing was noted. I Zoning Administrator Mabusth explained the request for a front yard setback variance to construct a detached garage partially within the defined front yard area. Staff has received no comments from the neighbors. Chairman Kelley asked why applicant is not attaching the proposed garage to the house. Steve Fay was present for this matter and explained the reason for a detached garage was in part the increased cost for an attached garage; and if attached it would not line up properly with the existing house and would require a side setback variance. He stated that he proposes to use the existing garage for storage and the new garage for car and boat storage. Staff notes that a side setback variance would not be needed if garage were attached to existing house. 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 as proposed per staff recommendation. Motion, Ayes 5, Nays 0. favuns OF THE PIAHNING COMMISSION MBBTIHG HELD JULY 20, 1987 [KBRT#1166 HARYlfDT GINHOWH 1840 L8KSFIEN TERRACE VARIANCE PUBLIC HEARING 7:25-7:30 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Administrator Mabusth explained the request for a front yard setback variance to construct a second story deck. Staff recommends approval if applicant can resolve why the deck cannot be placed on the back and east sides of the house avoiding the need for a variance. She noted the locations of the well* septic system and existing patio which limits the placement of the deck. Hartmut Ginnow-Merkert was present for this matter and stated the main reason for not placing the deck in the back is the noise from County Road 6. In addition* he noted that the bedrooms were located along the east side of the house. Zoning Aide Knott stated that she talked to both the adjacent neighbors and neither objected to the proposal. Staff noted Planning Commission member Hanson's written comments as follows: "I would consider approval of this deck only if the projection would be no further than the actual setback of residences on either side and with no objection from the said neighbors. However* I do not agree it is the best choice and recommend redesign." There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows* seconded by Cohen* to recommend approval per staff recommendation subject to no additional front yard variances be granted. Motion* Ayes 5* Nays 0. #1167 LEONARD AND MARY ANN BACHKES 2813 CASCO POINT ROAD RENEHAL VARIANCES PUBLIC HEARING ^Publication and Certificate of Mailing was noted. Applicant requests renewal of hardcover and side setback variances to construct addition to home previously granted on 6-9-86. MINUTES OP THE PIAHHIliq COHHISSIOH :i:^:TING HELD JOLT 20, 1987 II11167 BACnCBS CONTINl There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Johnson, to recommend renewal of the variances per staff recommendation. Motion, Ayes 4, Nays 0. (Taylor not present to vote. ) #1168 RICHARD G. HBLSTRQM 2895 CASCO POINT ROAD VARIANCES PUBLIC HEARING 8:34-8:51 The Affidavit of Publication and Certificate of Mailing was noted. Chairman Kelley read into the record a letter received this day from J.K. Bowers, 2905 Casco Point Road, asking the Planning Commission to consider his property in relation to the average lakeshore setback proposed by applicant, so that he is not deprived of lake views and lake breeze. Assistant Zoning Administrator Gaffron explained the request for hardcover and average lakeshore setback variances to construct a 2nd story three-season porch and deck as follows: -Hardcover 75-250' - Existing * 45.3% - Proposed « 45.7% -Average Lakeshore Setback Encroachment - Existing * 0* - Proposed = 25' Applicant proposes to construct a 2nd story three-season porch and deck where only a ground-level loose concrete block patio now exists. The three-seascn porch is approximately 16'x 20' surrounded on two sides by a 9' deck. Bellows felt that, based on the drawings submitted, it should be considered an "addition" to the house, not an average opaque porch structure. Richard Helstrom was present for this matter and stated he did not feel the addition would obstruct Mr. Bowers' view, and there would be a minimal view obstruction, if any, from Elson's (2879 Casco Point Rd.) yard. He noted that the addition would be 110' from the lakeshore. Dick Kail, 2915 Casco Point Rd., stated applicant's house is downhill from his, therefore, the addition would not obstruct his view. 8 MIHUTBS OF THE PUIHHIHG CXXIMISSIOH : I TING HELD JULY 20, 1987 #1168 6 [.STRQH COHTIH1 There were no other comments from the public and the public hearing was closed. Planning Commission unanimously felt the addition was too much of an intrusion into the average lakeshore. They felt the addition should extend no further than the existing patio. Planning Commission did not find hardcover an issue. Planning Commission member Hanson's written comments as follows: "I see no hardship, and am concerned with the view encroachment on neighboring properties. No; do a redesign." It was moved by Chairman Kelley, seconded by Bellows, to table this application pending a revised reduced plan. Motion, Ayes 5, Nays 0. #1172 CHRISTIHE BECK 3820 CHERRY AVEHUE VARIAECE PUBLIC HEARIHG This matter was held over until the end of the meeting (10:08) for applicant to be present. It was moved by Taylor, seconded by Cohen, to table this application until applicant can be present. Motion, Ayes 5, Nays 0. #1173 DAVID AND TRESA GARDELLA 1230 OROHO OAKS DRIVE VARIANCE PUBLIC HEARING 9:08-9:12 The Affidavit of Publication and Certificate of Mailing was noted. Zoning Aide Knott explained the request for a front yard setback variance to construct a detached garage 80 feet in front of the front line of the principal structure. Staff noted the following hardships - steep topography to north and east, location of well on east, and inadequate area to place garage on west. No major grading would be required in proposed location, and the garage will be naturally screened from neighboring properties by existing heavy vegetation. Planning Commission member Hanson's written comment concurs with staff recommendation. MINUTES OF THB PIAMHIHG COMMISSIOll !TIMG HSm JULY 20, 1987 §1173 GARDBIJA CONTIHUBD Tresa Gardella was present for this matter and stated the hardship was the need to house Mr. Garde 1 la's sports cars. She felt that a 5 or 6 car garage was a legitimate need for a 5 bedroom large home. It was noted that the proposed garage was less than 1,000 s.f. in area. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Taylor, seconded by Johnson, to recommend approval per staff recommendation finding topography a hardship and the need for enclosed storage space for more than three cars. Motion, Ayes 5, Nays 0. IICKSON#1175 WALTER AND NANCY ] 335 HOLLANDER ROAD PUBLIC HEARING Application Withdrawn at Applicants Request #1176 RICHARD PUTNAM 2765 CASCO POINT ROAD VARIANCES PUBLIC HEARING 9:38-9:38 The Affidavit of Publication and Certificate of Mailing was noted. There were no comments from the public regarding this matter and the public hearing was closed. Assistant Zoning Administrator Gaffron explained the request for the following variances to construct an addition to the existing residence: Hardcover: 75-250' - Existing = 36.4% - Allowed = 25% - Proposed = 40.2% 250-500' - Existing = 85.7% - Allowed = 30% - Proposed » 48.5% Average Setback Encroachment: - Existing = 6' - Allcwed * O' - Proposed =25' Side Setback-Detached Garage (changed to attached): - Existing = 2' - Required = 10' - Proposed = 2' I i .. J ■ .-rA. •“ • MmUTBS OP THE PUUmiHG COMMISSION : i A :■iriNG HELD JULY 20, 1987 #1176 POTHAM COHTIMDBD Applicant proposes to attach his existing house and detached garage. The garage is currently 2' from the lot line. The applicant notes that the garage foundation may have to be replaced, but he does not want to move the garage further from the lot line because that would force the removal of a large maple next to the proposed 3rd garage stall. Applicant has noted that the trend in the neighborhood is for garages to all be at the edge of the lot, so visual spacing is maintained. Richard Putnam was present for this matter and showed renderings of the proposal. Cohen, Bellows, and Johnson felt that hardcover was not a problem in light of the slight increase in the 75-250’ and the proposed reduction in the 250-500'. Planning Commission majority felt that the side setback of 10' should be adhered to if the garage foundation is to be replaced. Johnson felt that the existing/proposed Incation of garage was acceptable. Mr. Putnam stated that the hardship was the need for more storage space for cars ai.d outdoor recreational equipment. Assistant Zoning Administrator Gaffron noted that the adjacent house at 2755 Casco Point Road currently has no plumbing and is intended to eventually be removed and a new house built, which likely v.’ill be placed forward to conform with the rest of the neighborhood. Because of this fact. Planning Cor nission felt that the average lakeshore setback should take into consideration the house location north of 2755 Casco Point Road. Planning Commission felt this more accurate average lakeshore setback information was needed to act on the proposed porch addition. Planning Commission member Hanson's written comments as follows: "I have reviewed the applicant's proposed project and generally feel the design is appropriate for that neighborhood. In general, I feel the lack of hardcover at 0-75' weighs favorably against the change at 75-250'. A third stall, integrated in the design as it is, is acceptable but tradable. Side setback at garage is O.K." Mr. Putn<:m did not wish to delay the application pending additional information, therefore, asked Planning Commission to make a recommendation. MIHUTES OF THE PIAIOilEG COMMISSIOH IKE¥lllG HELD JOLT 20, 1987 #1176 POTMAN CONTINUED It was moved by Chairman Kelley, seconded by Cohen, to recommend denial of the proposal based on insufficent facts regarding average lakeshore setback. Motion, Ayes 4, Mays 1. Johnson voted nay. #1176 MICHAEL PLANK 4145 HATERTOWM ROAD SKETCH PLAN REVIEN Assistant Zoning Administrator Gaffron explained the sketch plan to divide off second dwelling from main house that is being required as a condition of Resolution #2122. Applicant has been allowed to use the easterly access pending this subdivision request. Applicant is submitting two preliminary proposals review for : 1) Conceptual review of the proposed driveway access corridor; and 2) Conceptual review of the proposed lot line revision with the applicants westerly property. Ths boundary change is intended to give applicant more land in the easterly parcel by dropping the westerly parcel to the minimum of 5.0 acres dry buildable. Applicant prefers Proposal I, leaving 5.0 dry acres in Lots 1 and 2 and 14.4 total acres in Lot 3, a flag lot with a 30' access corridor to serve that house over the driveway than is in place (access point to be moved so it is within the 30' corridor). Staff has no problem with this access location on Watertown Road from a safety standpoint. Proposal II is essentially the same but leaves a 50' access corridor. Staff prefers Proposal II. The wetland in the westerly parcel (Lot 1) has what staff would call an "indefinite" boundary. Chairman Kelley felt it important to define the wetland prior to any approval. Mr. & Mrs. Michael Plank were present for this matter. Michael Plank stated that after the wetland is defined, Lo- 2 will be adjusted to meet the minimum of 5.0 acres dry buildable. Assistant Zoning Administrator Gaffron noted that the adjacent neighbor, Joe Sawchuk, 4105 Watertown Road, has concerns with the access b». cause it is so close to his house. Mrs. Plank stated that it is their intention to heavily screen the access from the Sawchuk property to protect the privacy for both property owners. OF THE PIAHHING COMMISSION TING HELD JULY 20. 1987 11178 PIANK CONTIN1 Because Lot 2 will most likely have a separate access. Planning Commission majority felt that the 30' access was sufficent if the driveway served a maximum of 2 lots. Johnson felt the 50* access was more appropriate in consideration of Sawchuk's concerns as well as protecting the applicant. Chairman Kelley recommended a written landscape plan to assure the neighbor of applicants screening intentions. Per Planning Commission member Hanson's written comments, he "favors Proposal I, but with a 50' corridor now". AFPIIOVM. OF MINUTES "V. 'It was moved by Cohen, seconded by Johnson, to the Minutes of the June 15, 1987 Planning Commission meeting as sulxnitted. Motion, Ayes 5, Nays 0. PLANNING COMMISSION REPRESENTATIVE Chairman Kelley was appointed to attend the August 10, 1987 Council meeting. ADJODR]IT 10:08 P.M. ^ 4. no MThe Planning Commission meeting adjourned at 10:U8 p.m •^4 M