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HomeMy WebLinkAbout11-20-2023 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION November 20,2023 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Jon Ressler, Commissioners Dennis Libby, Ted Schultze,Bob Erickson, and Gary Kraemer. Commissioners Chris Bollis and Mark McCutchen were absent. Representing Staff were Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. Acting Chair Ressler called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA Libby moved, Schultze seconded,to approve the Agenda.VOTE: Ayes 5,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 16,2023 Kraemer moved, Schultze seconded,to approve the minutes of the Orono Planning Commission meeting of October 16, 2023.VOTE: Ayes 5,Nays 0. PUBLIC HEARINGS 1. LA23-000045 ELLETTE ANDERSON AND JAMES & MELISSA EASLEY, 1250 SPRUCE PLACE & 1260 SPRUCE PLACE,REQUEST VACATION OF THE ADJACENT UNIMPROVED RIGHT-OF-WAY OF "LAKE STREET". City Planner Curtis gave a presentation on the item, stating the applicant is requesting to vacate the unimproved right-of-way situated between 1250 Spruce Place (owned by James&Melissa Easley)and 1260 Spruce Place (owned by Ms. Anderson, the applicant). This unimproved right-of-way is also known as "Lake Street"on the plat of Saga Hill,Revised, and it terminates at the High Water Level of North Arm Bay. There are no City utilities within the right-of-way,however there are riprap spillways facilitating overland drainage from Spruce Place and approximately 900 square feet of the Easleys' driveway. The City Engineer does not recommend vacating the right of way as the site serves as a draining way for the area and has also been identified as a possible future public accessway to the lake. The City does not have any Park improvements in that area. The access has a public purpose because of the drainage way, Curtis said. There are identified lake access points in this area including Sandy Beach located to the south, which is established as a swimming beach, and the City's fishing dock off of Loma Linda Avenue to the north. Both access points are less than 500 feet from this location. Curtis explained the challenge with vacating rights-of-way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a premium, she said, so vacation reduces options for the City in the future. The Department of Natural Resources (DNR) also opposes the vacation as it does not provide a public benefit and does not protect future public use of the land to access the lake. Public comments in support of the vacation were received. Staff recommends denial of the request to vacate the right-of-way at this time as there is currently a public benefit for drainage purposes and the future purpose of the land is undetermined. Libby asked if the area is served by City water or private wells. Curtis said the parcels have private wells. Page 1 of 6 3 MINUTES OF THE ORONO PLANNING COMMISSION November 20,2023 6:00 o'clock p.m. Ressler asked how this vacation might differ from other vacation requests in the City. Curtis said each vacation request is reviewed individually and staff looks at the use for the right-of-way in each case. Ellette Anderson, 1260 Spruce Place, one of the applicants, said when her parents bought the property in 1962 the easement was a muddy mess with litter and broken glass and beer cans and old docks. In the 1970s the City determined the easement was not suitable as a lake access, in part because it can fill up with water three feet deep. The public has not used the access in 40 years. She said there are two places very nearby that are much better lake access. The water that drains in the easement has come into their basement, she said,requiring them to spend$15,000 on tiling. The family has maintained the easement for 40 years with mowing,boulders and cleaning. They also spent$20,000 on riprap at the shore. Another benefit, she said, would be that the Easleys could pave their gravel driveway,eliminating problems from gravel run-off. It is the only driveway on the street that is not paved. She said both applicants would pay more taxes if the easement was vacated which is money that could be spent on the other nearby access points. James Easley, 1250 Spruce Place, noted that drainage on that easement serves the whole area and the water is sometimes 10 to 15 feet wide. They occasionally get trenches in their driveway from washouts. He said there are a number of really nice trees in the center of the easement,adding the neighbors have done a nice job of landscaping and taking care of the easement in such a way that it keeps the water out of their homes. Chair Ressler opened the public hearing at 6:16 p.m. Scott Youngstrand, 1270 Spruce Place, said his grandparents once lived in the Easley home. so he can speak to the 40 years that it has just been a drainage ditch. He said they are in favor of vacating the easement and that if concern is access for the public, there is a very nice access right up the street. Heather Youngstrand, 1270 Spruce Place, also said she also supported the vacation. Phillip Casey, 1318 Spruce Place, asked about the DNR's reasons for opposing the vacation of the easement. He recommended the Planning Commissioners drive by and take a look as it appears like normal residential lots. He said the easement is so narrow and that anything that was put in there would be a nuisance for the neighbors on either side. Curtis said the DNR does not typically support a vacation unless the vacation itself serves a public purpose. Jennifer Linder, 1240 Spruce Place, said she has been in her home for 14 years. She said the gully would not serve any purpose to the public and during a power outage it is so full of water that you could raft down it. It is of no value to the public for recreation, she said. Leslee Casey, 1318 Spruce Place, said her backyard is part of the trail system that connects to public access by Cherry Place and it is enjoyable, easy to get on the lake and is enjoyed by many people in the area.Most people don't know the easement being discussed is a public access, she said. There is nothing to show it would be a way to the lake. Page 2 of 6 4 MINUTES OF THE ORONO PLANNING COMMISSION November 20, 2023 6:00 o'clock p.m. The original owner of the Anderson property,Ms. Anderson's mother, said she has spent a lot of time and money making sure that watershed works like it should environmentally and she knows her daughter will continue for the next 50 years. Chair Ressler closed the public hearing at 6:23 p.m. Ressler noted the subject of vacations has been polarizing in the City. He said he has been supportive of vacations when there is no chance the easement will have public use and he realizes there is better public access nearby. Schultze asked what would change on that piece of property if the vacation went through. Ms. Anderson said it would be a benefit to the neighborhood to have the Easleys be able to pave or cement their gravel driveway. She said it would also be a safer access for the Easleys. Schultze said it sounds like the neighbors have literally taken ownership of that property and put a lot of time,effort and money into it. Ms. Anderson said they had done so mostly for the water flow issues which benefits the entire area and keeps dirty run-off from the street from going into Lake Minnetonka. She said she would not expect to change anything about the property or build anything there. She would just plan to keep taking care of it as they are. Easley said they would also like to be able to control the drainage by putting in a retaining wall so the drainage would not become a giant river and would match the Andersons on the other side. He said he thought there would still be room to get a vehicle through there down to the lake if necessary. Erickson said the situation provides a model case as to why the lake access section of the City's comprehensive plan was revised. He complimented the applicants for supplying the City's letter from 1979 that described that easement and said it was not useful for anything else but foot traffic to the lake and that is should not be used for a boat launch or any other public purpose,which he said supports that there is no public use for this strip of land. He said these policies force land into a situation in which it sits there in limbo. The neighbors can't improve a driveway because they don't own the land. He said over half of the old easements in the City are not used by the public but then the City needs to look at them case by case. Usually there are good reasons why they are not used, and the City policy language stipulates that one consideration will be whether there is no other lake access nearby. That is not the case here with two other close accesses,he said,adding this is a real model of one that should be approved. He said the planned improvements would improve their property values and the values for the whole neighborhood. Libby said to state the obvious this isn't a public access in any way,shape, or form. Historically,these lanes were intended for fire access since there are no hydrants,but pumper trucks no longer pull water from the lake to fight fires. The sticking point here is that if there is a vacation it should serve a larger public good. He said it does serve the good of the two property owners but he doesn't see that it serves the larger good of the neighborhood or the City so he is not persuaded that the easement should be vacated. He said there was definite benefit to the City in the care the neighbors have taken of the property. He suggested an approval for vacation in conjunction with an easement for drainage. Page 3 of 6 5 MINUTES OF THE ORONO PLANNING COMMISSION November 20,2023 6:00 o'clock p.m. Kraemer said he does not see a public benefit to keeping it or a public benefit to vacating it. He appreciates that the neighbors have taken care of it for many years. He said the Planning Commission is advisory and he would like the City Council to weigh in. Ressler agreed that the land has no benefit for a public use today. He asked if the public benefits from land that cannot be used or from land that is privately maintained and taxed.He also pointed to possible public expense to the City to maintain the land if it remains an easement. He said clearly there would continue to be a need for drainage on that strip of land and possibly a drainage plan could be put in place along with any vacation. He would like to have an engineer evaluate the easement for any drainage improvements. Curtis said the Commission could recommend maintaining the drainage easement along with a vacation. She said if the vacation is approved it would be imperative to maintain the drainage easement. She explained the DNR's position is a recommendation. Staff would recommend maintaining the drainage easement but any improvements to drainage would be a separate issue. She said the County makes the determination on how the easement would be divided between the two neighboring properties if it is vacated. Kraemer moved,Erickson seconded,to approve LA23-000045, 1250 and 1260 Spruce Place to vacate an unimproved right-of-way contingent upon maintaining a City drainage easement.VOTE: Ayes: 5,Nays 0. 2. LA23-000060 BRIAN BENSON,3600 CASCO AVENUE,REQUESTS VARIANCES FOR AVERAGE LAKESHORE SETBACK AND HARDCOVER TO EXCEED 25 PERCENT FOR THE CONSTRUCTION OF A NEW HOME. City Planner Nye gave a presentation on the item, stating the applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The property is uniquely shaped with an extreme average lakeshore setback that does not allow a reasonable building envelope. The existing home on the property is entirely forward of the average lakeshore setback line. The property also contains a wide easement. The applicant is requesting variances from average lakeshore setback and to exceed the hardcover maximum of 25 percent in order to construct a new home. The applicant has identified the property's unique flag shape and position on a point as practical difficulties. The flag-shape of the lot creates a very long driveway that comprises a large percentage of the overall hardcover on the site. The driveway is 355 feet in length and over 15 percent of the overall hardcover. Staff agrees with the applicant's assessment. The property is a unique shape and does not have a reasonable building envelope due to an extreme average lakeshore setback. Due to the placement of the neighboring homes,building in front of the average lakeshore setback line would not impact their views of the lake. If the property had a standard driveway length,the property would be in compliance with hardcover. Staff finds the variance requests to be reasonable and in character with the neighborhood,as the current home on the site is in a similar location, she said. Staff recommends approval as applied. Brian Benson of Compass Real Easte of Wayzata,representing the developer, spoke as the applicant. He said the situation was an illustration of the need for variances. The new house would be placed in about the same location as the old house. The design of the new house is classic and minimizing massing to fit in with the neighborhood. They are proposing a reduction in hardcover from 34 to 29 percent but would still be over the 25 percent because of the driveway.He noted the neighbor also uses part of the driveway. Page 4 of 6 6 MINUTES OF THE ORONO PLANNING COMMISSION November 20,2023 6:00 o'clock p.m. Chair Ressler opened the public hearing at 7:16 p.m. There were no public comments. Chair Ressler closed the public hearing at 7:16 p.m. Ressler said it sounded like a good plan. Kraemer said any time you get that reduction in hardcover he is in support. Libby moved,Kraemer seconded, to approve LA23-000060,3600 Casco Ave.Variances as applied. VOTE: Ayes: 5,Nays 0. 3. LA23-000061 OUTDOOR EXCAPES, 2601 CASCO POINT ROAD, REQUESTS A 75 FOOT LAKE SETBACK VARIANCE FOR THE CONSTRUCTION OF RETAINING WALLS WITHIN THE LAKEYARD. City Planner Nye explained the applicant is proposing to construct a new lake stair and two new retaining walls within the lakeyard. The property is currently experiencing erosion on the hillside that is impacting an existing lakeside shed and oak tree. The property has some boulders that are no longer preserving the hillside. While new lake stairs are permitted within the lakeyard, a variance is required for any new retaining walls within the 75-foot lake setback. The applicant has identified the erosion of the hillside and protection of the existing shed and mature tree as practical difficulties supporting the requested variance. Staff finds the existing conditions of the property and the preservation of the existing structure and tree as practical difficulties which support the variance request. Staff recommends approval of the lake setback variance for the construction of two new retaining walls as proposed with the condition that additional screening of the walls where feasible be implemented to preserve the natural vegetated view from the lake. Drew Torrence of Outdoor Excapes spoke for the applicant explaining the proposal is trying to solve the problem of erosion and would serve a functional purpose of holding up the hillside. He said what they are proposing would also be a dramatic improvement from an aesthetic standpoint. Chair Ressler opened the public hearing at 7:23 p.m. The owner of the home introduced himself but had no additional comments. Chair Ressler closed the public hearing at 7:23 p.m. Ressler pointed out the staff described the improvements as minimal and staff doesn't use that term lightly. Schultze moved,Libby seconded,to approve LA23-000061,2601 Casco Point Rd.Variances as applied.VOTE: Ayes: 5,Nays 0. OTHER BUSINESS Peak Agenda Management Introduction Page 5 of 6 7 MINUTES OF THE ORONO PLANNING COMMISSION November 20,2023 6:00 o'clock p.m. Community Development Director Oakden said the City is going to a new management software for agendas and packets by the end of the year and Commissioners will be receiving an email with user name and will be asked to generate a password. The program will be through Granicus which is the vendor being used for other aspects of meeting management. She walked the Commission through how the agenda and supporting documents will appear and work. Update on November 13,2023 City Council Meeting Oakden updated the Commissioners noting all the items from the last Planning Commission meeting were approved by the City Council on the November 13 Consent Agenda as applied. Several applicants amended their applications to include Planning Commission recommendations before going to the City Council. Libby said he was scheduled to attend the Dec. 11 City Council meeting as Planning Commission liaison and asked for another Commission member to substitute. ADJOURNMENT Schultze moved,Kraemer seconded,to adjourn the Planning Commission Meeting. VOTE: Ayes 5, Nays 0. The Orono Planning Commission mee ' g adjourned at 7:35 p. . ATTEST: Christopher Bollis, Chair Page 6 of 6 8