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HomeMy WebLinkAbout09-18-2023 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION September 18,2023 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 Dennis Libby,Jon Ressler,Bob Erickson, Scott Kirchner and Ted Schultze. Commissioners Mark McCutcheon and Gary Kraemer were absent.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,Kirchner seconded,to approve the Agenda. VOTE: Ayes 6,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 21,2023 Ressler moved, Schultze seconded,to approve the minutes of the Orono Planning Commission meeting of August 21,2023.VOTE: Ayes 6,Nays 0. PUBLIC HEARINGS 1. LA23-000046 REBECCA HOLZEM,3407 EAST LAKE STREET,REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK,75-FOOT LAKE SETBACK, HARDCOVER,AND HARDCOVER WITHIN THE 75-FOOT LAKE SETBACK FOR THE CONSTRUCTION OF A DECK City Planner Nye gave a presentation on the item, stating the applicant is requesting variances for average lakeshore setback,75-foot lake setback, overall hardcover and hardcover within the 75-foot lake setback to construct a new deck. The subject property is substandard in size and width,While the property does not directly front on Stubbs Bay,the Ordinary High Water Level(OHWL)extends onto the property and a creek runs along the southern edge. The home is almost entirely within the 75-foot setback. The applicant does not currently have a deck or patio and is proposing to construct a new 14-foot by 20-foot, 280 square foot deck on the south side of the home. The proposed deck would encroach into the average lakeshore setback and be entirely within the 75-foot setback. The addition would increase hardcover on the property from 27.63 percent to 35.0 percent when 25 percent is permitted. The applicant has identified the extremely substandard lot size and width as practical difficulties and states they have proposed a deck that is comparable in size to neighboring properties' outdoor living spaces. Staff finds that there are practical difficulties in the size and width of the lot. The small lot size coupled with the required setbacks eliminates any compliant buildable area. The property does not have any outdoor living space and therefore it is a reasonable request to have a small outdoor deck,Nye said, adding,however,the deck encroaches into the average lakeshore setback and a redesign could eliminate this variance request. The variances received in 2005 for the construction of the home and the resolution approving those variances states that the homeowner chose to forego a deck in order to minimize hardcover and goes on to state that any future requests to increase hardcover would likely not be approved without some reduction in hardcover. The applicant has not proposed to eliminate any hardcover on the site.Nye said staff is not supportive of the proposal as applied,however would be amendable to a redesign outside of the average lakeshore setback line and with some reduction of hardcover. Page 1of7 MINUTES OF THE ORONO PLANNING COMMISSION September 18,2023 6:00 o'clock p.m. Bollis clarified that the property does not front on lakeshore. Rebecca Holzem,3407 East Lake Street,the applicant, said at the time of her first approval she had agreed to forgo the deck because she couldn't afford it. She pointed to neighbors who have larger decks. She would like to have room for a table and chairs and some comfortable furniture. She said she would willing to make a smaller deck. Chair Bollis opened the public hearing at 6:11 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:11 p.m. Bollis asked about credit for decks with slats or permeable surfaces. Nye said that the credit is not available in the lakeshore setback. Ressler pointed out the property does not abut on lakeshore but is affected by lakeshore setbacks. Kirchner said his comments would be similar but he is also looking at earlier variances and what was said about hard cover. Libby said the property is affected by the creek and there could be high water again.He said he could not support this but said the applicant should get feedback from the Minnehaha Creek Watershed District. Nye said that is part of the process. Erickson said the application does not appear to meet the intent of the original ordinance. Typically, in these requests there is a reduction in hardcover somewhere else. Bollis said he is leaning toward it being reasonable to have outdoor living space. Revis Stephenson 3760 Watertown Road, said he doesn't know the applicant but doesn't see how they cannot approve this based on something in 2005 which is almost 20 years ago.A neighbor's garage was approved and that is substantially bigger.He said he didn't know how they can sit there and tell this woman she can't have a deck. Holzem showed photos marking off what she is proposing. She said the neighbors with the garage were to remove pavers but added them back and added more. Nye said the language in the 2005 resolution about hardcover was typical at that time. Libby pointed out precedent and that the decisions now are being made under a new comprehensive plan. Bollis said that 2024 plan is more about zoning and he doesn't see her request as being inconsistent with the neighborhood. They were not around when the neighboring house and garage was built but that changed the character of the neighborhood, Page 2 of 7 MINUTES OF THE ORONO PLANNING COMMISSION September 18,2023 6:00 o'clock p.m. Kirchner said he believes practical difficulties have been met. Schultze said the deck is large and he could consider a smaller deck. Bollis said the deck is the length of the house and it seems reasonable in size.Every neighboring house has a deck. Ressler also said 2005 is too long ago to be relevant. Ressler moved,Libby seconded,to deny LA23-000046,3407 East Lake Street Variances. Ressler said he was in favor of a deck,just not a deck of that size. As the commissioners continued to discuss the deck size,Ressler said he wanted to withdraw his motion and see what support there was for the project as applied.Bollis pointed out the stairs take part of the deck. Libby said he could support the application with LMCD and Minnehaha Creek Watershed District approval. Kirchner moved,Bollis seconded,to approve LA23-000046,3407 East Lake Street Variance as applied with review by the LMCD and Watershed District.VOTE: Ayes: 4,Nays 2 (Erickson and Libby). 2. LA23-000047 ERICA HWAY—LANDSCHUTE,2245 FRENCH LAKE ROAD, REQUESTS VARIANCES FROM THE 150-FOOT LAKE SETBACK AND HARDCOVER WITHIN THE 150-FOOT LAKE SETBACK FOR THE CONSTRUCTION OF A NEW HOUSE. City Planner Nye gave a presentation on the item explaining the applicant is requesting variances from the 150-foot lake building setback,hardcover within the 150-foot lake setback,and retaining walls within the Shore Setback in order to construct a new home. The applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The existing home does not meet the required 150-foot lake setback from the Ordinary High Water Level(OHWL)of French Lake. The proposed home will be no closer to the lake than the existing home and the proposed patio will also maintain a similar setback of the existing patio.The applicant has proposed to move the home and the building massing away from the lake,reducing the existing encroachments within the lake setback by constructing a smaller home,however the applicant is requesting to square off the existing patio space to support a pool within the lake setback. Additionally,to support the proposed patios and accessory structure improvements for the site the applicant is proposing new retaining walls within the 150-foot Shore setback. These retaining walls are over 100 feet away from the OHWL of French Lake and should not impact the natural vegetation or shoreline of the lake.All other setbacks including the average lakeshore setback have been met. The total hardcover on the site meets the requirement, however the proposal includes new hardcover within the 150-foot lake setback. Therefore,the applicant is requesting variances in order to build a primary building within the 150-foot lake setback line and to construct new hardcover within the 150-foot lake setback. The applicant has identified the existing conditions of the property as practical difficulties. The existing topography,existing vegetation and existing septic system limit the placement of a new house. The applicant is proposing to maintain similar setbacks of the existing home,which are non-conforming. Staff agrees with the applicant's assessment. The current home on the Page 3 of 7 MINUTES OF THE ORONO PLANNING COMMISSION September 18,2023 6:00 o'clock p.m. property does not meet the required 150-foot lake setback.The proposed home is approximately 2,000 square feet smaller in footprint than the existing home and the patio and pool spaces are capturing the original building and patio footprint from the existing house. The new patio and retaining walls within the lake setback are necessary due to the topography of the property. The commission should ask the applicants about the accessory structures on the site including tennis court,pool,patios and retaining walls,Nye said. The total hardcover on the property is proposed to be reduced slightly from 20.8 percent to 19.3 percent. Erica Hway,2245 French Lake Rd,the applicant,said Nye had done a good job and they believe this is a reasonable request as it replaces a vacant house that is in disrepair with a smaller one. She said the existing auxiliary structures would stay. Chair Bollis opened the public hearing at 6:58 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:58 p.m. The Commissioners discussed the item.Bollis said it was a thoughtful design that improved the site.It reduces the hardcover and keeps the setback. He noted it is not possible to move the house back due to the septic and the drop-off. Ressler said this is not quite the kind of situation lakeshore setback is meant to cover. Schultze said these types of things are very subjective with one person's opinion versus another person's opinion. Ressler said he likes to look at whether an application improved a situation.The plan keeps some measurements the same and makes others better. Ressler moved,Kirchner seconded,to approve LA23-000047,2245 French Lake Road,Variances. VOTE: Ayes: 6,Nays 0. 3. LA23-000048 SHARRATT DESIGN& COMPANY,3548 IVY PLACE,REQUESTS VARIANCES FOR LOT AREA,LOT WIDTH,AND HARDCOVER IN CONJUNCTION WITH CONSTRUCTION OF A NEW HOME City Planner Curtis said the applicant is requesting lot area, lot width, and hardcover variances in conjunction with redevelopment of the property with a new single-family home.The applicant is requesting variances in order to construct a new home on a narrow lakeshore lot.The new home is proposed to meet all of the required setbacks.The lakeside patio and portions of the pergola are recapturing the footprint from the existing home within the average lakeshore setback and are not considered to be new encroachments,she said. Variances for lot width,lot area,and 35.5 percent hardcover where 44.4 percent exists are requested. The applicant has identified the substandard area and width as practical difficulties supporting the requested variances.Additionally,they have provided a narrative and supporting documentation regarding practical difficulties. The substandard size(area and width)of the property and its location along the narrow Ivy Place roadway result in challenges to redevelopment. The proposed redevelopment of the property reduces the overall hardcover to 35.5 Page 4 of 7 MINUTES OF THE ORONO PLANNING COMMISSION September 18,2023 6:00 o'clock p.m. percent which results in the property becoming closer to conformance with the 25 percent limitation. Structural coverage is proposed at 18.6 percent where a maximum of 20 percent is permitted. Ivy Place is narrow and does not accommodate any on-street parking. Further,due to the constricted width of the roadway,maneuverability in the neighborhood is also challenging,she said. Mike Sharratt,the designer and builder,said it is unique to have a client ask for a smaller house. They are reducing the footprint. The new house would be 100 square feet smaller. Setbacks have been maintained or improved. They are trying to be good stewards of the ordinances and environment. Chair Bollis opened the public hearing at 7:14 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:14 p.m. Bollis said it is a very thoughtful design and they are exceeding the variances. The only variances they are proposing are what they can't change. Kirchner pointed out the reduction in total hardcover. Ressler moved,Kirchner seconded,to approve LA23-000048,3548 Ivy Place,Variances as applied. VOTE: Ayes: 6,Nays 0. 4. LA23-000049 STONEWOOD,3001 CASCO POINT ROAD,REQUESTS AN AFTER- THE-FACT AVERAGE LAKESHORE SETBACK VARIANCE FOR A ROOFED PORCH City Planner Curtis said the applicant is requesting an after-the-fact average lakeshore setback variance for a roofed porch. 3001 Casco Point Road and 3005 Casco Point Road(CPR)are being redeveloped by the same builder, Stonewood. It was their plan to build both new homes nearly simultaneously. Prior to construction,the applicant completed an action to combine the then existing three lots into two(which is the current configuration). The applicant is currently building the new homes on both properties.Their intent was to submit for the permit to build 3001 CPR first to situate the home in the current placement, which would have been permitted.However,due to a submittal timing error for the permits for the two properties,as well as an inconsistency between the construction plans and the survey, a roofed, lake side porch was constructed lakeward of the average lakeshore setback.A non-roofed patio would be permitted in the current location. The applicant is requesting after-the-fact approval of an average lakeshore setback variance for the roofed porch on the lake side of the home at 3001 CPR. The applicant has identified the timing of permit submittal construction and an administrative error as practical difficulties supporting the requested variance and have provided supporting documentation.Regarding practical difficulty,Curtis said,the application submittal timing appears to be the primary issue. The applicants' plans were not coordinated and the roofed portion of the lakeside porch was not depicted correctly on the survey. Staff finds the porch location to be consistent with the Code,had the permits been submitted in the applicants' preferred order. The neighboring property owners on each side have submitted their support for the current encroachment. Bollis confirmed that if the applications been processed in the right order there would be no need for a variance,covered patio or not. Page 5 of 7 MINUTES OF THE ORONO PLANNING COMMISSION September 18,2023 6:00 o'clock p.m. Schultze confirmed that the encroachment for the roofed patio is about 4 feet. Sven Gustafson, Stonewood Construction, said the plans did show the covered porch. This issue is the surveyor just showed a continuous patio without showing the covered portion. The timing is really the issue here,he said.Both homes were applied for about the same time and construction started within weeks of each other. This first home had a delay in engineering.Both of the neighbors are understanding and in support. Chair Bollis opened the public hearing at 7:25 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:25 p.m. Bollis said he remembers the original application which worked at the time and this appears to be a clerical error. Erickson moved,Schultze seconded,to approve LA23-000049,3001 Casco Point Road After-the- Fact Setback Variance.VOTE: Ayes: 6,Nays 0. 5. LA23-000052 REVIS STEPHENSON,3760 WATERTOWN ROAD,REQUESTS A VARIANCE FOR THE PLACEMENT OF A NEW OVERSIZED ACCESSORY BUILDING STREETWARD OF THE PRINCIPAL BUILDING City Planner Nye said the applicant is requesting a variance to construct a new accessory building street ward of the principal building.The applicant is proposing a building that will be 2,800 square feet in size and used as a barn. The property is located at the corner of Watertown Road and Stubbs Bay Road. The City Code designates the front property line on a corner lot to be the shorter dimension of the two. The property's frontage along Watertown Road is approximately 1,552 feet and the frontage along Stubbs Bay Road is approximately 1,459 feet,thus making Stubbs Bay Road the front, so the new barn is technically street ward of the principal building.The subject property is over 29 acres in size,with a large portion of the property protected with a conservation easement.The proposed home and accessory building are situated in the northwestern corner of the lot. The proposed buildings are over 800 feet from the front property line. City Code does not permit oversized accessory buildings(over 1,000 square feet in size) street ward of the principal building,so a variance is being requested for the proposed placement of the new accessory building as it relates to the principal building's location.All other zoning requirements such as setbacks and lot coverage have been met. This property is exempt from hardcover restrictions. The applicant has identified the conservation easement that has been placed on the property by the Minnesota Land Trust as a practical difficulty that limits the placement of structures and buildings.The applicant has also indicated that the placement of the new accessory building is to be adjacent to the horse pasture and farm fields as the accessory building will be used as a barn.Additionally,the applicant has stated that the proposed improvements will not impact neighboring properties due to the distance from the property lines. Letters of support from two property owners have been received. Staff agrees with the applicant's assessment. The proposed home and accessory building are well beyond the required setbacks and not visible from the right-of-way. Staff acknowledges the limitations of the conservation easement and understand the rationale that requires the placement of the barn to be near the agricultural land on the property. Page 6 of 7 MINUTES OF THE ORONO PLANNING COMMISSION September 18,2023 6:00 o'clock p.m. Revis Stephanson, 3760 Watertown Rd,the applicant,talked about the land trust that limits where buildings can be located. He said he intends to farm on the property. It will be a working farm with tractors,horses and other items.For that reason,the barn is proposed as a two-story barn and it takes a lot of room. He is also limited by a stand of mature trees.This is the logical location for the barn. The address of the property is Watertown Road and the property presents on Watertown Road. Chair Bollis opened the public hearing at 7:33 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:33 p.m. Kirchner said this appears to be the most reasonable way to access the property and respects the limitations of the land trust. Bollis pointed out the address of the house is Watertown Road and if they went by that it would be conforming. It's a technicality because the frontage on Stubbs Bay Road is shorter. The concern about visibility doesn't apply here. Kirchner moved,Libby seconded,to approve LA23-000052,3760Watertown Road,Variance. VOTE: Ayes: 6,Nays 0. OTHER BUSINESS—Update on recent City Council Meetings Community Development Director Oakden updated the Commissioners on recent City Council meetings. Planning Commission items where staff and the Planning Commission were in agreement were approved on the consent agenda. One item at 7431 North Shore was discussed and the City Council made a modification so that resolution will be drafted and come back to the next Council agenda. ADJOURNMENT Libby moved, Schultze seconded,to adjourn the Planning Commission Meeting.VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 7:39 p.m. ATTEST: Christop er Bollis, Chair Page 7 of 7