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HomeMy WebLinkAboutMinutes - Planning Commission - 08/18/2025Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners Jon Ressler, Thomas Brandabur, Kelly Prchal, Sam Tift, and Shane Weltzin. Commissioner Andrew Jarnot was absent. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Matthew Karney. 2. PLEDGE OF ALLEGIANCE Prchal moved, Ressler seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 21 2025 Tift moved, Brandabur seconded, to approve the minutes of the Orono Planning Commission meeting of July 21, 2025. VOTE: Ayes 6, Nays 0. 5. PUBLIC HEARINGS 5.1. LA25-000024, BOYER BUILDING CORP O/B/O JOI-IN & SUZANNE BORN, 1440 BALDUR PARK ROAD, VARIANCES AND CPU. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve variances for lot area, lot width, hardcover, and setback variances, and a Conditional Use Permit to construct a new dwelling. The proposal moves the structure back further from the lake and reduces the hardcover. The proposed home would be smaller than the square footage allowed but larger than the existing house. The neighbors are in support. The Planning Commission discussed the item and asked questions of staff and the applicant, Joe Franson of Boyer Building Corp., Minnetonka. Chair Bollis opened the public hearing at 6:05 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:05 p.m. Commissioners pointed out the proposed house would be larger in square footage than the existing house, but not exceed what could be allowed, and would improve other conditions, such as lake setback and hardcover. It was noted that the house could be made smaller and not need variances, and still be larger than the existing house. Ressler moved, Brandabur seconded, to approve LA25400024, 1440 Baldur Park Road, Variances and CPU as applied. VOTE: Ayes 5, Nays 1 (Weltzin). Page 1 of 5 Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 5.2 LA25-000031, WARREN GARRETT, 650 BROWN ROAD NORTH, VARIANCE The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve a variance to construct asecond-stogy addition within the dimensions of the existing house. The Plamiing Commission discussed the item and asked questions of staff and the applicant, Warren Garrett, 650 Brown Road North. Chair Bollis opened the public hearing at 6:26 p.m. There were no public coimnents. Chair Bollis closed the public hearing at 6:26 p,m. Commissioners were in favor of the variance as the average Lakeshore setback is for sightlines, and a modest second story does not affect any other home's view. Weltzin moved, Prchal seconded, to approve LA25-000031, 650 Brown Road N, Variance as applied. VOTE: Ayes 6, Nays 0. 5.3 LA25-000032, BRAD JANS O/B/O GOOD SHEPARD CHURCH, 3745 SHORELINE DR, CONDITIONAL USE PERMIT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve a conditional use permit to add two additional accessory buildings. One building had been approved a few years ago, but never built. The two buildings proposed now would roughly total the area of the garage that was not built, The applicant has been in touch with the Watershed District. The Planning Commission discussed the item and asked questions of staff and the applicant, Brad Jans, 3745 Shoreline Dr., who said one shed would be for church storage and the other would be for day care storage. Chair Bollis opened the public hearing at 6:35 p.m. There were no public conunents. Chair Bollis closed the public hearing at 6:35 p.m. Co�nissioners supported the plan, saying an application was previously approved and expired, and is now proposed in a new way. Ressler moved, Weltzin seconded, to approve LA25-000032, 3745 Shoreline Dr, Conditional Use Permit as applied. VOTE: Ayes 6, Nays 0. 5.4 LA25-000035, MILLER DUNWIDDIE, 880 PARTENWOOD RD, VARIANCE Page 2 of 5 C! Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve a variance for an average lakeshore setback for an addition to an existing building. The addition would encroach a small amount into the average Lakeshore setback but would stay within the 7540ot setback. The adjacent property owner and the neighborhood architectural committee support the request. The Planning Commission discussed the item and asked questions of staff and the applicant, Jerry Gray,880 Partenwood Rd. He explained they would like to add a main floor bedroom to continue to live there and have tried hard to keep the requested exceptions minimal. Chair Bollis opened the public hearing at 6:45 p.in. There were no public coimnents. Chair Bollis closed the public hearing at 6:45 p.m. Commissioners pointed out that the house is on a peninsula and the proposed addition won't impact a neighbor. Moving the utilities will be an improvement, and the neighbors have sent a letter of support. It seemed to be a reasonable way to help the homeowners stay in their homes. Teft moved, Ressler seconded, to approve LA25-000035, 880 Partenwood Rd, Variance as applied. VOTE: Ayes 6, Nays 0. 5.5 LA25-000036, Brian Roath, 1200 Wildhurst Trail, After -the -Fact Variances and Conditional Use Permit The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and consider the request for an after -the -fact setback variance forap oand a Conditional Use Permit for a retaining wall. Staff recommends denial of the setback variance and approval of the Conditional Use Permit for the retaining walls with conditions for screening and wall modification to meet the setbacks. The Planning Commission discussed the item and asked questions of staff and the applicant, Brian Roath, 1200 Wildhurst Trail, who explained they made improvements in 2021 but did not realize permits were needed. The patio improves their enjoyment of the lake property. When the home was built in the 1970s, the building plan was altered in such a way that the patio, deck, and stairs went into the side yard setback. They are willing to move the deck steps and remove the parts of the patio that encroach, but would like to retain a small amount to make a good transition. He had letters from engineers, arborists, and landscapers. He said the retaining wall was planned as a shared wall between neighbors. RECESS &RECONVENE Chair Bollis recessed the meeting at 7:29 p.m. The meeting was reconvened at 7:34 p.m. Chair Bollis opened the public hearing at 7:34 p.m. Sandy Rasmussen, 1186 Wildhurst Trail, the neighboring property since 1991, gave a history of improvements to the lot, including changes to property lines. She said the original owners added an asphalt walkway, fire pit, seeding, screen porch, and deck. The next owners added riprap to the shoreline, Page 3 of 5 5 Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 and the current owners, the Roaths, who purchased in 2015, added a 10 X 12 shed and the patio extension, and the retaining wall. The homes are close, and water from the neighbor's roof through a gutter system causes erosion on their property. The Rasmussens have paid for a survey to be done. Set- back inhllsions have been compounded by the retaining wall as well as erosion. The Rasmussens are concerned about the height of the wall and the danger of falls. They have been told the trees in the retaining wall will die in the next five years, and are concerned they are in danger of coming down in a. storm because the root systems are gone. They are asking for the setback to be returned and making the retaining wall safe. Brian Rasmussen, 1186 Wildhurst Trail, said there was no erosion before the neighboring lot was cleared. Jay Nygard, 1386 Rest Point Rd, asked about the engineering study and the height of the previous retaining wall. He said Roath, as park commission chair, should have known better than to commit such an egregious violation to his yard and the neighbor's yard. He advocated for rettuning the slope to the way it was. Brian Turbeville, 997 Wildhurst Trail, said he believes there was confiision, and this situation started innocently. It may not have been intentional, but it is not OK to let it be remediated in anon -conforming way. The retaining wall was not needed for the trees. Barbara Schmidt, 50 Landmark Drive, said it's unbelievable that the Park Connnission chair for over five years doesn't know to get a pei-�nit, and that people should not be allowed to do these things and get an after -the -fact permit. If that is allowed, it will be repeated all over the lake. She said the lot needs to be restored. Dave Velander, 5655 Alexander Drive, said the situation is ridiculous and the City needs to play by the rules. Chair Bollis closed the public hearing at 8:08 p.m. Planning Commissioners had more questions for the applicant, who contended that a portion of the encroaching patio and the stair landing, and the stairs were already present when they bought the house in 2015. Commmissioners suggested it was necessary to look at the application as two parts —the patio and the retaining wall. Building so close to the property line will inevitably cause issues with run-off and trespassing. Existing conditions are that approvals were given to allow the house partially in the setback, and if all parties are willing to work together, perhaps a solution can be found, and this would be a good time to fix erosion and nln-off issues, they said. They were concerned about the larger patio and would support just enough to have a safe landing area. and to get over to the rest of the former patio. Conulussioners supported tabling the application so the applicant can work with staff on the patio issue. Regarding the retaining wall, they questioned, with input from professionals, if it could be changed to not encroach on the neighbor's property or the setback, and not exceed height limits. They were not in favor of the proposed remedy for the wall. Ressler moved, Prchal seconded, to table LA25-000036, 1200 Wildhurst Trail, After -the -Fact Variances and Conditional Use Permit for more information based on the discussion. VOTE: Ayes 6, Nays 0. Page 4 of 5 0 Minutes Planning Commission Regular Meeting Monday, August 18, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 6. OTHER ITEMS Community Development Director Oakden updated the Planning Commission on City Council actions on applications on which they had made recommendations. 7. ADJOURNMENT Tift moved, Weltzin seconded, to adjourn the Planning Commission Meeting at 9:10 to September 15, 2025. VOTE: Ayes 6, Nays 0. ATTEST: 7