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HomeMy WebLinkAboutMinutesORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (#13) #2390 DAVID RAhT7V,1385 REST POINT ROAD - VARIANCES - continued Kelley stated that a two car garage is reasonable for Minnesota, and would be in favor of a garage at 24' x 24', minimal driveway and sidewalk. He noted that he also voted against the original variances but would have approved some type of garage at that time. Goetten cautioned Council to be careful in future applications when garage plans are not part of the initial proposal, especially on lakeshore lots where hardcover is an issue. Van Zomeren commented that 38% of the year-to-date building permits require some type of variance. Jabbour suggested the revised plan be referred back to Planning Commission for their review, and indicated at least two Council members were sympathetic to some type of revised plan. Kelley requested that a letter be sent to the applicant extending the application for 60 days. Flint stated that he was not sympathetic to the applicant's request, and felt the applicant should abide by the parameters established in the previous resolution approvals. He felt the minutes clearly reflected Council's intention. Goetten moved, Peterson seconded, to refer Application #2390 requesting a hardcover variance to construct a garage for David Rahn at 1385 Rest Point Road back to the Planning Commission at the applicant's request. A letter extending the application for an additional 60 days will be sent to the applicant. The applicant was in agreement. Moorse suggested the applicant meet with staff prior to the Planning Commission meeting to develop the best solution to present to the Planning Commission. Vote: 5 Ayes, 0 Nays. (*#14) #2392 THOMAS BERSCHEID,1365 REST POINT ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO.4134 Goetten moved, Peterson seconded, to adopt Resolution No. 4134 granting a conditional use permit to permit construction of an accessory structure on a through lot for the property located at 1365 Rest Point Road. Vote: Ayes 5, Nays 0. 13 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (*#15) #2396 CLINT AND JODI MORRISON, 3510 BAYSIDE ROAD - VARIANCES RESOLUTION NO.4135 Goetten moved, Peterson seconded, to adopt Resolution No. 4135 granting variances to permit an accessory structure to remain while the existing structure is demolished and a new principal structure is constructed, to permit construction of a residence which encroaches past the average lakeshore setback, and to permit a principal structure on a 1.36 acre lot where 2 acres is normally required for the property located at 3510 Bayside Road. Vote: Ayes 5, Nays 0. (*#16) #2397 JOE & LESLIE LUCAS,1060 BROWN ROAD NORTH - VARIANCES - RESOLUTION NO.4136 Goetten moved, Peterson seconded, to adopt Resolution No. 4136 granting a variance to permit the construction of an addition to the principal structure located 9 feet from the side lot line where 30 ' is required for the property located at 1060 Brown Road North. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Jabbour received a request from the United Way asking for recommendations for two reputable human service providers in the area. He asked Council and staff to forward any suggestions to him. Jabbour asked how the City was addressing the Year 2000 problem. Moorse responded that the financial system and new phone system will be Year 2000 compatible. Staff is in the process of identifying all systems which may be affected. Some individual PCs will need patches. Jabbour stated that he is planning to make a presentation to Minnetonka residents regarding public access at the request of Desyl Peterson. Jabbour also indicated he has had several conversations with Mr. Dayton regarding Woodhill and will discuss further in an Executive Session. Flint questioned if there had been any response from Wayzata or Long Lake regarding Orono's offer to consider combining Public Works facilities. Jabbour replied that he has contacted both Mayors. Moorse added that he had talked with the Wayzata Public Works Director and Long Lake City Administrator and will be meeting with the Long Lake City Administrator on a number of issues. Flint added that it makes fiscal sense to the taxpayers to consider a joint facility and would like to continue to pursue the proposal. 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (Zoning Amendment, continued) Gaffron stated the concern with allowing plumbing in accessory buildings is the potential for that building to become a dwelling/rental unit, and perhaps definition of what constitutes a dwelling unit should be addressed to help resolve Staffs concerns. Building inspectors have suggested that the adding of a sink and toilet in an accessory building may not necessarily result in a dwelling potential, but adding of a tub or shower along with a toilet and sink can lead to separate dwelling potential_ Chair Smith inquired whether requests of this type were becoming more common. Gaffron replied the City has been dealing with these requests for the past ten years and anticipates it will continue in the future. Van Zomeren suggested the number of accessory structures with plumbing on the property be limited. Lindquist recommended limiting it to one accessory building with plumbing Gaffron stated if the buildings are connected by an enclosed walkway, according to the building inspector they are considered one structure. McMillan inquired whether the property owners are subject to sewer assessment for the additional plumbing. Gaffron suggested leaving sewer assessment out of this ordinance, but traditionally the property owner is assessed a sewer unit for a guest house. Stoddard stated the Planning Commission should get some guidance from the City Council on how SAC units should be assessed_ Gaffron suggested the matter be tabled to allow the Planning Commission more time to review the proposed zoning code amendment. Hawn suggested Staff define how much abuse of the zoning code needs to be demonstrated before the conditional use permit can be discontinued. Van Zomeren remarked it would be hard to define all the variables and different scenarios. Gaffron noted conditional use permits traditionally go along with the property. Chair Smith suggested the Planning Commission hold a joint session with the City Council to discuss this matter further. Lindquist stated Daniel Kluth is welcome to attend the workshop dealing with the proposed zoning code amendment. Gaffron noted the public hearing dealing with this zoning amendment will be continued to a work session with the Planning Commission. PLANNING COMMISSION COMMENTS Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#2396 Clint and Jodi Morrison, continued) McMillan moved, Hawn seconded, to approve Application #2396, granting of a variance to lot size, average lakeshore setback, and a variance to allow an existing accessory structure to remain during the reconstruction period for property located at 3510 Bayside Road. VOTE: Ayes 6, Nays 0. (#16) #2397 JOE & LESLIE LUCAS, 1060 BROWN ROAD NORTH -VARIANCES, 9:58 p.m. - 10:00 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Joe Lucas was present. Weinberger stated the subject property is located in the LR-1A zoning district, which has a two acre minimum. The property consists of 1.83 acres. The Applicants are requesting a variance from side yard setback requirements to allow an addition to the residence. The proposed structure would be nine feet from the lot line, with the existing structure being located 9.4 feet from the side lot line. The zoning district requires a 30 foot side yard setback. Weinberger stated the Applicants are proposing to remove and replace the garage foundation due to excessive ground water erosion and will be adding four new sump baskets to solve the ground water problem. Staff recommends approval of the application. Berg commented the property might be situated on a spring which could be causing the water problems. Lucas remarked the garage is located is on a spring, with a majority of the water problems being corrected when Brown Road was improved. The water will be channeled to a creek located at the back of the property. There were no public comments. Stoddard moved, Hawn seconded, to approve Application #2397, granting of a variance from side yard setbacks for replacement of the garage foundation to add a basement and drain the to support the addition currently under construction, and for additional living space for property located at 1060 Brown Road North. VOTE: Ayes 6, Nays 0. (#17) ZONING AMENDMENT - SECTION 10.03 AND 10.20, RE: PLUMBING IN ACCESSORY STRUCTURES Gaffron reviewed his report dated July 16, 1998, regarding the proposed zoning code amendment dealing with plumbing in accessory buildings. Gaffron suggested the Planning Commission consider having various levels of regulations dealing with the different accessory structures that could house plumbing. The possible range in regulations might include, 1) staff permit approval without restrictions; 2) staff permit approval subject to specific restrictions or covenants; and 3) council action required for a conditional use permit or variance_ Van Zomeren stated currently the ordinance does not address heating of the accessory building. Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#14) #2395 BRENT BENTROTT, 1453 PARK DRIVE -VARIANCES AND VACATION, 9:24 p.m. - 9:47 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Brent Bentrott were present. Van Zomeren stated this lot is located in the LR-1 B zoning district, which has a minimum of one acre. Van Zomeren stated the applicants are requesting that a 10 foot portion of platted, but unopened, Bluff Street be vacated to allow an existing deck that is along the west property line to be remodeled into a three -season porch. The vacation is also requested in order to build a new garage that would be accessed from Bluff Street. Variances are needed for hardcover in the 0'-500' setbacks. Variances are also required for the side yard adjacent to street setback from Bluff Street to add the three -season porch, and a variance to the side yard setback for the proposed garage because it is considered an oversized accessory structure. Van Zomeren stated this application is dependent on the vacation, which traditionally have not been granted, and recommended the Planning Commission consider that portion of the application first. Bentrott stated they are proposing to build a new garage which would be located closer to the residence which should help reduce hardcover. Bentrott stated he didn't know a fire lane was considered a road. Mrs. Bentrott stated they would like a portion of the existing deck turned into a three -season porch. Chair Smith inquired what the practical use of the fire lane was. Van Zomeren stated any access off of the lake would need to also be reviewed by the utility companies and the DNR, who would probably deny the request. McMillan stated the Planning Commission might be setting a precedent if the variance is granted, noting she was not in favor of the vacation. Lindquist remarked he does not think realistically this application would be approved as proposed. Bentrott stated they suggested using the fire lane as one option. There were no public comments. Chair Smith inquired what would happen if the vacation is denied. Van Zomeren stated if the vacation were not granted, the Planning Commission would be looking at a side yard adjacent to street setback to build right on the property line, no additional hardcover, and the conversion of the deck into a three season porch would be considered a structural change, and at least ten feet would be required between the accessory buildings. Bentrott stated he would be in favor of constructing the garage under 750 square feet and ten feet from the neighbor's building. McMillan stated she would be in favor of the three season porch and a redesigned garage with proper setbacks from side yard with no additional hardcover in the 75'-250' and 250'-500' zones. Lindquist stated the garage cannot be constructed right on the property line. Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (#2395 Brent Bentrott, continued) Bentrott commented the existing deck is currently located right on the property line, which will be removed. Lindquist stated the Applicant probably will be denied the vacation and will have to comply with present hardcover restrictions. Chair Smith suggested the matter be tabled to allow the Applicant to submit revised plans. Bentrott stated he would be fine with tabling the application. Lindquist commented he would be in favor of a 60 day extension from August 22. Van Zomeren stated the City is required to act within 60 days of when the application is submitted. Bentrott stated he would be in favor of extending the time limit. Smith moved, McMillan seconded, to table Application 2395 for property located at 1453 Park Drive. VOTE: Ayes 6, Nays 0. (#15) #2396 CLINT AND JODI MORRISON, 3510 BAYSIDE ROAD - VARIANCES, 9:48 p.m. - 9:57 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Morrison were present. Weinberger stated the Applicants are requesting to replace their existing residence with a new house and attached garage. This property is located in the LR-1A zoning district, which requires a minimum of two acres. This lot consists of 1.36 acres. A variance from lot size requirements would be needed as well as a variance from average lakeshore setback requirements. A conditional use permit is also necessary to allow a boat house to remain on the property during the demolition and reconstruction. The boat house would need to remain as an accessory structure and not be occupied while the residence is under reconstruction_ No variance to hardcover is required. Staff recommends approval of the application based on the lot being a corner lot and the construction is completed in a timely manner. The Applicants had no comment. There were no public comments. McMillan inquired whether a conditional use permit is needed to allow the accessory structure to remain. Van Zomeren stated a variance is needed to allow the accessory to remain during the reconstruction. Morrison remarked the boat house is really the original garage of the house. Lindquist commented boat house should be changed to read accessory structure Page 14