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HomeMy WebLinkAbout06-19-2000 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Jay Nygard, Sandra Smith, and Dale Lindquist. Commissions William Stoddard, Janice Berg, and Daniel Kluth were absent. The following represented City Staff: Senior Planning Coordinator Mike Gaffron,Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City Council Representative Richard Flint arrived at 7:12 p.m. Chair Hawn called the meeting to order at 6:31 p.m. SCHEDULED PUBLIC HEARINGS (#10) #2590 DENNIS AND BECKY STANTON,3325 CRYSTAL BAY ROAD—VARIANCES 6:31 p.m.—6:36 p.m. Dennis Stanton, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are proposing to remove the existing deck on the rear of the residence • and concrete sidewalk on the southwest side of the residence because it is deteriorating and located within the Dakota Rail right-of-way. The Applicants would like to replace the deck with a brick paver patio within their property lot lines. The proposed deck is 170 square feet. A variance is needed to permit the patio to be located at the lot line where a two foot setback is required. Variances to hardcover are needed to permit 55 percent of hardcover within the 0-75' setback where 0 percent is allowed, and to permit 64.9 percent hardcover within the 75-250' setback where 25 percent is allowed. City Staff recommends approval of the variances. Stanton stated they have a hardship in that they have a very small lot and there is a very limited amount of space to work with. Hawn inquired whether the planting beds situated in the back are also located within the Dakota Rail right-of-way. Stanton stated they are. Smith inquired whether they have been in contact with Dakota Rail. Stanton stated the deck and the plantings were installed by the previous property owner,and that it was his understanding when he purchased the property that everything up to the fence was his. following the completion of a survey, Stanton stated he was informed he does not own that land. Stanton stated the other residents in the neighborhood have similar situations, with a number of • sheds and landscaping being located within the Dakota Rail right-of-way. Stanton stated he did PAGE 1 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • (#2590 DENNIS AND BECKY STANTON, CONTINUED) attempt to purchase the property from the Dakota Rail, but was unsuccessful. Smith inquired whether the Applicant needs some type of document from Dakota Rail saying that this is permitted within the right-of-way. Weinberger stated in the case of this application,the patio is being relocated onto to Applicant's property,with the landscaping having been allowed by Dakota Rail for a number of years. Weinberger stated at the time that Dakota Rail wishes to reclaim the land, in his view this issue would be taken care of at that time. Stanton stated the Dakota Rail is aware that there are encroachments onto their right-of-way in that area but has no intention at this time to have it removed. There were no public comments regarding this application. Nygard moved, Smith seconded,to recommend approval of Application#2590,Dennis and Becky Stanton,3325 Crystal Bay Road,to grant variances to the lot line and hardcover to Permit construction of a brick paver patio. VOTE: Ayes 4, Nays 0. Hawn indicated the Planning Commission in the future will probably not grant any further • variances to hardcover on this property. Hawn noted that the Planning Commission granted the variances on this application because it does improve the existing situation on the property and reduces the amount of hardcover currently on the property. (#7) #2579 JAMES AND CANDACE KEMNA, 1110 WILLOW DRIVE SOUTH— VARIANCES,6:37 p.m.—6:37 p.m. The Applicants were not present. Hawn noted this item has been withdrawn at the request of the Applicants. PLANNING COMMISSION COMMENTS (#14) PLANNING COMMISSION APPROVAL OF MINUTES FOR APRIL 17,2000 AND MAY 15, 2000 Hawn noted the April 17, 2000 Planning Commission minutes have already been approved at the May Planning Commission meeting. Lindquist moved, Hawn seconded,to approve the minutes of the Planning Commission Meeting of May 15, 2000,as submitted. VOTE: Ayes 4, Nays 0. S PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • (#13) OTHER ISSUES FOR DISCUSSION Hawn noted a Planning Commission meeting has been scheduled for Tuesday, June 27,at 6:30 p.m., and encouraged all members to attend if possible. Gaffron stated another meeting will probably be scheduled for sometime in July with the Long Lake Planning Commission as well. Gaffron stated they will be meeting with representatives of Hoisington-Koegler to review the work to be done for the joint planning study of the Highway 12 corridor. The Planning Commission gave updated information on their phone numbers and addresses. Smith inquired whether City Staff has had an opportunity to look at the possibility of adding a consent agenda to the Planning Commission's agenda. Smith suggested that one possible option would be to call for the items at the beginning of the meeting and ask if there is any discussion from the commissioners on those items, and if there is, leave that item on the agenda for later. Smith commented the public could also be asked if they would like to speak on any of those items at that time as well. Gaffron stated in order for that to work, all applicants and residents would need to be here at the same time. Gaffron stated City Staff receives a number of phone calls prior to the meeting asking when a particular item will be heard by the Planning Commission so they do not have to sit • through the entire meeting. (#12) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS MAY 22,2000 AND JUNE 12,2000 Smith stated she attended the June 12, 2000 City Council meeting, noting that the Walford Properties application concerning the old church site was approved. Smith reported the City Council had a lengthy discussion regarding the Gehrings' application and the amount of setback that should be allowed. Smith indicated it was her belief that application was approved with a 50 foot setback versus the 42' setback. No Commissioner present at tonight's meeting attended the May 22, 2000 City Council meeting. (#15) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JUNE 26, 2000 AND JULY 10,2000 June 26—Hawn July 10—Lindquist PUBLIC HEARINGS (#1) #2595 SHARON TAPANI, 781 FERNDALE ROAD NORTH—CONDITIONAL USE PERMIT,6:52 p.m.—6:56 p.m. • David Erotas,Erotas Building Corporation, appeared on behalf of Sharon Tapani. PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 (#2595 SHARON TAPANI, CONTINUED) The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant has filed an conditional use permit application to allow plumbing in an accessory building. The 10' x 20' accessory building will be used as a"pool house"and will be located next to the pool for the storage of pool equipment. The accessory building will include a bath/changing room with sink,toilet and shower. The Applicant has been issued a building permit to begin construction on this project since the proposed building does meet all setback requirements. Bottenberg stated the Planning Commission will need to make a finding on whether the proposed use for the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood and find that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. Bottenberg noted the accessory building is conforming in location, size and height, and the property is 2.153 acres in size, which exceeds the acreage requirements for that district. The property owner agrees to file a covenant in the title of the property providing that the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City Code; that the accessory building will not be used as a dwelling unless a guest house CUP is obtained; • and that the accessory building will not be rented, leased or otherwise provided for use as dwelling under any circumstances. Erotas indicated he has read the Planning Report and does not have anything to add. It was the consensus of the Planning Commission that the application met the five criteria outlined in the Planning Report. Hawn inquired whether the Applicant was agreeable to the filing of a covenant on the property restricting the use. Erotas stated the Applicant is agreeable to the covenant,noting that the use of the pool is very limited. Gaffron indicated a form will be provided to the Applicant to fill out relating to the covenant. There were no public comments regarding this application. Hawn moved, Smith seconded,to recommend approval of Application#2595, Sharon Tapani, 781 Ferndale Road North, and grant a Conditional Use Permit to Allow Plumbing in an Accessory Building Adjacent to the Pool, subject to the property owner filing certain covenants on the title to the property. VOTE: Ayes 4,Nays 0. 4110 PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 (#2) #2564 WILLIAM SCOTT DAMPIER,3550 IVY PLACE—VARIANCES, 6:57 p.m.—7:04 p.m. William Dampier, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Gaffron stated this application was tabled at the April Planning Commission meeting to allow the Applicant time to submit revised plans and was continued to the June Planning Commission meeting at the request of the Applicant. Gaffron stated the intent is to change the roof line in order to have a full second story to the house. A variance is required to the side yard setback as well as a variance to the hardcover in the 75-250' setback area. The Applicant will be removing some hardcover in the 75-250' area,with a reduction in hardcover to 48.9 percent from 55.4 percent. Gaffron stated the revised plan includes lowering the northerly and easterly portions of the existing deck, so that no portions of the deck or its required railings will be more than six feet above grade. Gaffron noted the deck has been modified in such a fashion to reduce the amount of structural lot coverage on the property below the maximum 15 percent. Gaffron stated this is a reasonable solution to the concerns raised by the Planning Commission, 111111 with City Staff recommending approval of the application. Gaffron stated there no longer is the need for any variances or conditional use permit for the deck. Smith inquired whether the Applicant is satisfied with this proposed resolution. Dampier indicated he was, noting the downside to this is that he will be required to locate a lock box at the front of the residence rather than store his dock equipment under his deck. Dampier indicated he is fine with that. Hawn inquired whether the lock box would be included in the hardcover numbers. Gaffron stated a lock box would not be considered as hardcover since it is one of the few structures allowed within the 0-75' area without being considered hardcover. Gaffron stated the lock box can be up to 20 square feet and 42 inches in height. There were no public comments regarding this application. Lindquist moved,Nygard seconded,to recommend approval of Application#2564, William Scott Dampier,3550 Ivy Place, granting of variances to hardcover and side yard setback based on the fact that there will be a reduction in the existing hardcover. VOTE: Ayes 4,Nays 0. 411 PAGE 5 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 • SCHEDULED PUBLIC HEARINGS (#3) #2588 ROBERT PIEPER,3995 NORTH SHORE DRIVE—PROPOSED SUBDIVISION RESULTING IN TWO'/:ACRE LOTS,7:05 p.m.—7:17 p.m. Robert Pieper,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is proposing to subdivide the Sandy Beach property, consisting of 1.3 acre, into two residential lots. Currently there are six cabins on the property being used as rental dwellings. The Applicant is proposing to remove all the cabins and parking areas in order to build a home on Lot 1 and sell Lot 2 as a residential building site. Weinberger stated a portion of the property is located within a Hennepin County right-of-way, with Hennepin County having an easement over that area and will be dedicated on the final plat as a public roadway. The Applicant has recently purchased the property and would like to create two one-half acre lots. The property is located on a 90 degree curve along County Road 19 (North Shore Drive) and driveway access to both lots independently is not the best option. The Applicant is proposing a shared driveway access into Lot 2 immediately to the east of the property line. Locating the 411 driveway access any further to the west would result it the driveway being very close to the sharp concern and raising some safety concerns. Both the City Engineer and the Public Works Director have reviewed the location of the driveway, with this option being recommended by both. Weinberger stated the main issue regarding this property relates to a drainage issue that is long outstanding. Drainage from the north of North Shore Drive is blocked due to a culvert that was plugged. This culvert has become plugged over the years and will need to be cleaned out to allow the water to flow back across to the Sandy Beach property. Weinberger stated the property will need to be regraded in order to avoid all the water runoff from going across the parking lot, which is a proposed building site. The City Engineer has reviewed this site and is recommending continuing an existing ditchway along the County Road to divert the flows into an existing drainageway between the culvert and the road. The City Engineer feels a 20 foot drainage and utility easement along North Shore Drive would be adequate to handle the regrading and the drainage and would also help save the building site on Lot 2. This drainageway would also eliminate the ponding in the area that occurs following a large rainfall. Weinberger stated prior to this application proceeding forward, a revised grading and drainage plan will need to be submitted for review and approval by the City Engineer. Weinberger stated both lots do meet the minimum requirements for properties located in the one-acre zoning district. Lot width for Lot 2 is required to be 100 feet along the County Road, with the proposed lot width being 188.5 feet. Weinberger noted the lot width for lakeshore properties is measured at the structured setback from the lake, which is 170 feet. Both lots are one-half acre dry buildable, with one portion of the property being located in a low area but outside of the proposed building sites. City Staff believes that driveways and reasonably sized houses could be constructed on both lots that would meet the requirements for hardcover. Structural coverage may be an issue since these PAGE 6 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 lots are one-half acre in size. Staff would recommend no variances be granted on these lots to have a structure built on the properties that is not in compliance with the Zoning Code. City Staff is recommending the property owner pay a park dedication fee for one new lot rather than offer land for a park dedication. Weinberger noted only one lakeshore lot is being created as a result of this subdivision, which would limit the number of docks to one and would only provide access to the owner of Lot 1. Currently the Sandy Beach area has a joint dock license where there are several docks in the area. Following removal of the cabins,this joint dock license would be eliminated. City Staff is recommending approval of the subdivision since it meets all requirements of the subdivision and zoning chapters for lots created within the LR-1 C District subject to review and approval by the City Engineer of a revised grading and drainage plan. Pieper, 1847 Shoreview Lane, inquired who would be responsible for placement of the culvert. Weinberger indicated the culvert is currently in place but is blocked at this time and needs to be cleaned out. Pieper inquired whether the County would be responsible for the cleanout of the culvert. • Weinberger stated the culvert would be cleaned out as part of the grading that would occur on the properties to create the driveway. Weinberger stated the developer would be required to clean out the culvert and divert the water away from the building pads. Weinberger pointed out a culvert is also necessary under the driveway. Lindquist inquired whether the area by the Cherry trees is considered to be a protected wetland. Weinberger stated it is not considered a wetland and is located a few inches above the floodplain. Patrick O'Reilly, 3928 Cherry Avenue, commented he is pleased to hear that the pond in that area will be eliminated since it posed a safety threat to young children in the area. O'Reilly stated in his opinion the one-acre acre lots are appropriate for this area. Hawn indicated she would be in support of this proposal if the City Engineer is fine with the proposed grading and drainage. Lindquist moved, Hawn seconded,to recommend approval of Application#2588, Robert Pieper, 3995 North Shore Drive, subdivision of a one acre parcel of land into two one-half acre lots, subject to the review and approval by the City Engineer of a revised grading and drainage plan, payment of a park dedication fee,the standard easements be provided to the City, approval of access to the County Road, and with the understanding that no variances will be allowed on the properties to construct the new residences. VOTE: Ayes 4,Nays 0. S PAGE 7 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • (#9) #2589 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD—CONDITIONAL USE PERMIT, 7:18 p.m.—8:24 p.m. Edward Jackson, President of Woodhill Country Club, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Woodhill Country Club has applied for a Conditional Use Permit to permit the expansion of the barn to accommodate a kitchen, storage area,bathrooms and coat room. The interior of the existing barn will be remodeled and a deck and porch will be added to the barn near the paddleball courts. Weinberger stated the use of the barn will remain essentially the same,with the Club requesting a Conditional Use Permit to permit updating of the facility. The Woodhill Country Club is also requesting a sewer connection for the barn although it is outside of the MUSA. Weinberger noted a portion of the Woodhill Country Club is located in Wayzata,with the barn being located in Orono. Weinberger noted it is against the policy of the City to amend the MUSA because it is located within the rural/residential district. Weinberger stated the City is able to add up to 50 units to the MUSA based on certain criteria. Weinberger stated a sewer line does run through the Country Club and does serve the club house, which is approximately 400 feet from the barn. The Applicant is requesting a sewer connection for this facility because the existing system for the barn is non-compliant at this time due to the three • foot separation issue. The septic tanks of the existing building are located approximately 28 feet from the building,with the addition bringing the tanks to within 10 feet, which meets State standards. Weinberger noted the existing system will be required to be replaced, with other suitable sites in the adjacent area being difficult to find due to the topography and the drainage in this area. Staff is looking for direction from the Planning Commission on whether it would be appropriate to allow City sewer to this area since the use of the barn is not considered residential. Weinberger stated the ultimate decision on whether City sewer should be provided to this facility would be up to the City Council. Weinberger stated the proposed addition would not significantly change the use of the building. maximum occupancy of the building is listed at 150 people based on the usable space within the structure. City Staff does not feel the addition will have a negative impact on the adjacent residences since the barn is not visible to the neighbors. City Staff is recommending approval of the Conditional Use Permit subject to the conditions that grading and drainage plans be reviewed and approved by the City Engineer;two, access for all contractors and equipment shall use the County Road 15 entrance to the Country Club;three, the building shall meet Fire Code protection standards; four,the building shall meet the minimum ten foot setback to the septic tanks; five, evidence of a standard septic system to accommodate the proposed use of the building or connection to sanitary sewer only if approved by the City Council. Jackson stated he is the president of Woodhill Country Club and a resident of Woodhill Road, which is adjacent to this property. Jackson stated the Club would bear the total expense of running the sewer line to the barn. • PAGE 8 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (#2589 WOODHILL COUNTRY CLUB, CONTINUED) Hawn inquired whether the Club is willing to bear the entire cost of the connection. Jackson stated they have some questions on how the connection charges would be calculated on this project,but that the Club would like to have a sewer connection to these outside buildings. Shelly Storch, 1245 Woodhill Avenue,noted in talking to some of her neighbors regarding this proposed project, some were given notice of the hearing while others weren't. Storch indicated some of her neighbors have indicated they are opposed to this project. Storch stated she is opposed to this project because it will result in an expanded use of the private road. Storch expressed frustration over the fact that the gate to this private road,which is supposed to be locked at 8:00 p.m.,was left open 30 percent of the time. Storch stated this situation has only improved after numerous complaints to the City and to the Country Club. Storch stated the proposed addition will only add to the use of this barn and increase traffic levels on the private road, which will cause added traffic, noise,and safety concerns in their neighborhood. Storch cited an incident which occurred on New Year's Eve in which a long line of cars utilized this private road after midnight when it should have been closed. Storch indicated they have been unsuccessful in their attempts to get this area monitored by the local police since it is considered to be a private road. • Storch noted that this private road was to be off limits to construction people and vendors,but is routinely used by commercial vehicles for access to the Club. Storch noted the Club has installed a monitor on the gate to check the levels of traffic on this road this past week, but in her view is biased since the Club is aware when they will be busy or slow and will not accurately reflect the amount of cars that utilize this private road. Storch commented she has attempted to work with the Club on these issues, noting that none of her phone calls have been returned. Storch stated she does not want to see her quality of life adversely impacted any further by the actions of the Club. Jackson stated the facility has existed on the property for a number of years and has been neglected. Jackson stated the Club is not looking to expand the use but is looking to upgrade and modernize the facilities. Jackson stated the addition of the kitchen may cause use of the barn to become more attractive, but the use of the barn will not change with the improvements. Jackson stated the improvements to the bathrooms will make them handicap access. Smith inquired whether the improvements are designed to make the bathroom facilities function better or whether the Club will be adding more toilets and expanding the other areas of the barn. Jackson stated the usable space within the building is being expanded by approximately 17 square feet. Jackson stated the kitchen area will be made larger, with the appliances being upgraded. Jackson stated currently the food being provided to this facility is brought down from the main club house or is brought in from the outside. PAGE 9 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (#2589 WOODHILL COUNTRY CLUB, CONTINUED) Storch stated the proposing addition will add 1,000 square feet to this barn, with the addition in effect resulting in an increased use of this facility. Storch stated the Woodhill Country Club operates under a Conditional Use Permit, and in her opinion these improvements will expand the current use of the facilities. Storch stated under the Conditional Use Permit the Country Club has the right to continue doing what they are doing now but should not be allowed to rebuild a deteriorating barn which is located within a residential neighborhood. Storch stated the proposed expanded use and additional parking is not within the purview of the Conditional Use Permit. Weinberger stated this application is a Conditional Use Permit Amendment amending an existing conditional use which is currently allowed within the RR-1B zoning district. Weinberger stated the Country Club could technically expand or remodel under the Conditional Use Permit Amendment versus a non-conforming use. Smith inquired whether Jackson anticipated the number and scope of the parties held at this facility will increase or change at all in the future. Jackson stated the Country Club is not looking to expand the number of parties held at this facility but is up to the members to determine when and where they will hold a party. Jackson stated the majority of the parties at this particular facility occur in the wintertime, with a smaller number occurring in the summer months. Jackson stated he is unable to predict whether there will be a major increase in the use of the facility following the improvements. • Smith inquired whether the facility is currently under-used today because of its condition. Jackson stated he is surprised at the amount of usage the barn gets at the present time. Lindquist stated in his view there are two main issues that need to be addressed prior to approval of this application. Lindquist stated Woodhill Country Club has an obligation to be a good neighbor and to try to get along with the adjoining residents as best as possible. Lindquist stated the other issue is the conditional use permit. Lindquist indicated he was on the Planning Commission at the time the private road was approved, with an agreement being reached with Woodhill Country Club that the use of this private road would be limited at off limits after a certain hour. Lindquist stated he would not be willing to approve this application until the problems with the neighbors are resolved. Lindquist stated in his opinion there is no question the proposed improvements will expand the use of this facility, and that the problems with the neighbors should be addressed prior he could give approval to this application. Smith commented that the Country Club may not be following the standards that were set by the City Council. Lindquist recommended Woodhill Country Club sit down with the neighbors to see how these issues can be resolved. Lindquist indicated he would like to see that meeting occur prior to any approval being given on this application. 411 PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 • (#2589 WOODHILL COUNTRY CLUB, CONTINUED) Jackson stated in his view the Country Club has resolved the issues with a couple of the neighbors. Storch indicated she has not been invited to speak with anyone from the Country Club since May of last year. Hawn commented that in her view there is something amiss in the relationship between the Country Club and its neighbors. Hawn stated this application in and of itself will not present a problem but that the problem lies with the perhaps unpermitted use of this private road. Hawn stated according to the Conditional Use Permit,the Country Club has the right to ameliorate within limits their facility, and that if it is in a situation of decay, it is appropriate. Hawn stated in her view she feels it is encumbant upon the City to help its residents come to terms with one another,noting she would like to see the City take whatever efforts it can to insure that the access off the private road is not abused. Hawn inquired whether the City could verify whether the police do have the right to determine whether there is an inappropriate use of this road that is occurring. Weinberger stated he was unaware that the police could not respond. Jackson stated in his opinion the police can respond. 411 Hawn stated that perhaps the police should be directed to respond. Hawn commented in her view an outside neutral person might be able to help in this dispute. Hawn acknowledged that this has been an aggravating situation for all parties and that the improvements to the barn may in fact encourage more parties. Hawn stated she was unsure whether it would be appropriate to condition the use of this barn on the behavior with respect to another issue. Hawn inquired of the parties how this situation can be resolved or improved in a reasonable manner. Storch commented they have heard rumors that Woodhill would like to expand use of that road by making it a two-way road. Storch suggested the road be limited to one-way by having the Country Club promise not to make it a two-way road in the future. Storch stated the improvements to the barn will expand the use and will adversely affect the neighborhood. Storch stated in her view the City does have the right to make sure that the road is used properly by the Club. Hawn inquired whether the gate would be open during the times of the parties. Jackson stated the gate is typically closed within 15 —20 minutes. Jackson stated they have conducted a traffic study for a total of four weeks over the past two and a half months with the membership being unaware of the study. Jackson indicated they have a very good record of the number of cars that go through that gate. Jackson stated the gate is open from 7:00 a.m. until 8:00 p.m.,with the gate remaining closed the days the Club is not open. Hawn commented if the gate is actually closed at 8:00 p.m.,then the issue of people leaving after a party should not be an issue. Hawn stated in her mind this is a reasonable application, but that the PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 • (#2589 WOODHILL COUNTRY CLUB, CONTINUED) Club needs to take steps to insure that the gate is closed properly. Jackson suggested the police patrol that area periodically to see whether the gate is indeed closed at 8:00 p.m. Jackson stated the police could check randomly or routinely. Weinberger stated Staff will check with the police chief to see whether that would be possible. Jackson stated the Club has taken steps to insure that the gate is closed. Smith inquired whether the Club would have some way of documenting when and by whom the gate is closed. Jackson stated it currently is not documented when the gate is closed. Jackson stated the gate is locked with a padlock, which prevents someone from opening the gate once it is closed. The manager of Woodhill Country Club indicated since they have been monitoring the gate, not one car has left through the gate after 8:00 p.m. Storch acknowledged that the Club has gotten better with locking the gate but only after a number of complaints. • Hawn stated she would like to have the parties work together in order to resolve this issue, noting in her opinion this is a reasonable and appropriate application. Hawn stated the City does have an obligation to Mrs. Storch to try to resolve this issue in some way. Smith commented in her opinion this application does create the presumption that the road may be used a little more than currently, but if a current problem exists with the road,then action on this application may suggest that the City is not taking any steps to resolve the issues relating to the road but may be adding to them. Smith stated that a solution may be as simple as requiring a few extra performance standards before action by the City Council. Smith remarked that perhaps the Applicant could suggest some additional steps that could be taken in order to insure proper closure of the gate. Nygard commented he understands the concerns of the neighborhood, but that this application is not directly related to the problems surrounding the use of the road. Nygard stated if traffic is going down this road the wrong way,the simpliest solution would be to install stop gates on the road where they puncture someone's tire if they are going the wrong way down the road. Nygard stated he would feel more comfortable voting on this issue if some conditions were added regarding use of the road. Nygard suggested that a punch card system be utilized which would show the exact time the gate is closed every night. Hawn stated the Planning Commission needs to give some direction to Woodhill Country Club onwhat steps they should take to help resolve this issue. Hawn stated if the gate is closed,then people should not be able to use that road. • Weinberger stated when the Conditional Use Permit was granted two years ago by the City Council, PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • (#2589 WOODHILL COUNTRY CLUB, CONTINUED) a resolution was adopted by the City setting forth certain performance standards. Weinberger stated that perhaps enforcement is the issue here. Hawn commented it was her understanding the conditions contained in the resolution were adopted by both sides. Jackson stated the resolution also stated there could be up to 100 cars per day,with the maximum number of cars that typically use that road being 63 cars according to the Club's traffic study. Storch stated the language included in the resolution stated if there routinely were more than 100 cars per day utilizing this road,the City Council would have the option of revisiting this issue. Hawn commented it may simply be a matter of verification of whether those standards are being complied with. Smith stated she is unsure whether the issue relates to the conditions not being followed or whether new conditions need to be added, which is probably something the Planning Commission cannot address at this time. Lindquist stated he would like to see Woodhill Country Club sit down with the neighbors to try to • resolve these issues. Hawn indicated she would be prepared to make a motion approving this application with some added conditions, which in her view may not be approved, and that it may be more appropriate to table this application to enable some of these issues to be addressed. Smith stated if this application is tabled,then perhaps City Staff could meet with Woodhill Country Club and the neighbors, look at the conditions that have been imposed on this road to see whether they are appropriate and are being complied with or what steps should be taken to insure that these conditions are met. Hawn inquired whether the Planning Commission should address whether those standards are being complied with and whether some additional conditions should be added. Smith stated in her view to look at those standards now would take a great deal of time and may not be appropriate at this time. Hawn stated in her opinion MUSA is entirely appropriate for this facility. Lindquist stated he was in agreement with Hawn. Nygard stated MUSA in his opinion is appropriate for this property. Jackson stated he would be willing to sit down with the neighbors to try to reach some solution on these issues. Jackson stated in his view the Club has done a good job with seeing that the gate is • closed at 8:00 p.m., and whenever a problem has arisen that they are aware of,the Club has taken PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 • (#2589 WOODHILL COUNTRY CLUB, CONTINUED) steps to see that it does not happen again. Jackson noted he was unaware of the problem that apparently occurred on New Year's Eve. Jackson indicated the Club has installed signs that read no exit. Hawn suggested the employees be told of the proper use of this road. Storch stated she would be in agreement with a punch card type system,but that she still has a concern about this road becoming two-way in the future. Smith suggested that the neighbors be given the name of a person at the club that they could contact in the event of a problem. Jackson stated he is unsure whether the Club would be willing to bear the expense of having someone sit at the gate 24 hours a day to insure that the road is only used during the appropriate hours. Jackson stated the members are routinely reminded of the regulations regarding this road and the fact that it is a one-way road. Storch indicated the situation has improved, but that she has almost gotten hit by someone going the wrong way on this road. Storch stated part of the problem is the fact that Woodhill Country Club has made promises to the neighbors in the past which have then been thrown out. Storch indicated the neighbors were initially told this road would only be temporary. Storch stated in her view there is no guarantee that Woodhill Country Club will live up to their promises and that their quality of life is gradually being diminished. Hawn moved,Nygard seconded,to recommend approval of Application#2589,Woodhill Country Club, 200 Woodhill Road, granting of a Conditional Use Permit to Permit the Expansion of the Barn to Accommodate a Kitchen, Storage Area, Bathrooms and Coat Room, contingent upon the installation of a punch card system on the gate to document the time that gate is being closed at the appropriate times. Jackson expressed concerns that this system may not work 100 percent of the time due to the weather. Hawn stated a box of some type could be constructed around it to protect it from the elements. Storch stated this solution is better than nothing and would provide a document showing when the gate is being closed. VOTE ON THE ABOVE MOTION: Ayes 2, Nays 2,Smith and Lindquist Opposed. MOTION FAILED. Storch commented that the neighbors are not opposed to having emergency vehicles enter through this gate but that they should exit by another means. Storch stated she has concerns relating to the safety of young children in the area with vehicles using this road, especially if they go down the road the wrong way. • Smith suggested tabling this application for 30 days to allow Woodhill Country Club time to meet PAGE 14 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • (#2589 WOODHILL COUNTRY CLUB, CONTINUED) with the neighbors and try to resolve these issues and to discuss whether additional conditions are necessary. Jackson stated the Club would like to do these improvements prior to wintertime. Smith noted this application will go before the City Council as a failed motion. Hawn recommended the parties meet prior to this application appearing before the City Council to try to resolve these issues. Smith stated in her view by allowing this application to go before the City Council as a failed motion, the Planning Commission has not completed their job. Lindquist stated in his opinion the unresolved issues that have existed for over a year need to be resolved prior to this application proceeding on to the City Council. (#4) #2592 MIKE HILBELINK AND JOHN VOGT,350 STUBBS BAY ROAD NORTH— PROPOSED TWO LOT SUBDIVISION,8:25 p.m.—8:49 p.m. • Mike Hilbelink and John Vogt,Applicants, were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are proposing a lot split of an existing parcel located at 350 Stubbs Bay Road North. This property is located within the RR-1B zoning district, with a two acre minimum. this site is located on the east side of Stubbs Bay Road, with the land to the west of Stubbs Bay road being located in the five acre minimum lot size district. The Applicants are proposing a front/back lot subdivision which requires greater zoning standards for properties that do not have immediate road access. Lot 2 would not have direct access to a road. This property does have adequate land area to make this subdivision work, with both lots having acreage that exceeds the required minimum standards. Weinberger stated one lot would consist of approximately four acres, with the other lot consisting of approximately 10 acres. Weinberger stated three acres are required for a lot that does not have direct access to a road. Weinberger stated Lot 1 will be approximately 2.73 acres dry buildable, with the wetlands not impacting upon the proposed building pads for either lot. The main issue with this application is the access to the two properties,with front/back subdivisions requiring that an outlot be created as an access outlot for a private driveway. Weinberger stated in this case there is an existing driveway, with the outlot being configured in such a way as to allow access to the back lot. This arrangement would require a shared driveway access. Weinberger stated it would be appropriate to increase the width of the outlot an additional 10 feet to the south to accommodate drainage, snow removal and screening from the building site on • Lot 1. The submitted site plan indicates the outlot's southern boundary follows the existing driveway. PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 (#2592 MIKE HILBELINK,CONTINUED) screening shall be required along the south side of the driveway to protect the building site and to act as a natural buffer between the driveway and Lot 1. Weinberger stated the septic inspector has reviewed the submitted septic plans,with all four septic sites as shown on the property conforming to all standards and would be suitable for the construction of a mound system. City Staff is recommending approval of the preliminary plans subject to the changes to the access. Hilbelink stated they would like the 30 foot outlot to remain the same since another 10 feet will result in pushing the setback from the house further down the hill. Hilbelink stated the current driveway is a solid surface already and should be sufficient to serve the two homes. Hilbelink noted they have dropped off some information regarding the landscaping,noting the property currently has a significant number of trees which they will attempt to save. Lindquist pointed out the trees and the area within the additional 10 feet will not change. Hilbelink stated the additional 10 feet would cause the house to be located further downhill. • Lindquist stated in his opinion there is enough room to do that. Weinberger indicated the additional ten feet would not impact the septic sites. Weinberger stated Staff could review this at a later time. Vogt questioned how they can determine whether placement of the driveway should be if they are unsure where the building pads are for both lots. Vogt stated they could potentially plant trees where the driveway will go. Vogt inquired whether that could be something that is stipulated to and completed at the time the building permit is issued. Weinberger stated that could be an option. Weinberger stated Staff could review the location of the driveway and the planting of trees at a later time once a final determination is made on the location. Lindquist inquired on Lot 2 what will happen in the future if they should want to split that lot. Hilbelink stated they did look at another plan initially which would involve bringing a road and a 100 foot outlot and a 100 foot cul-de-sac. Hilbelink stated the way the lot was divided did not create the best lot and was rejected. Lindquist suggested having a 50 foot outlot in the event Lot 2 is subdivided in the future. Hawn stated the way it is currently proposed, it cannot be developed in the future. Lindquist commented the City has a number of driveways that are only 20, 30 feet in width that • service six or seven houses because the properties have been further subdivided. PAGE 16 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 III (#2592 MIKE HILBELINK,CONTINUED) Hawn stated in her view the Planning Commission typically does not permit that. Hilbelink stated that would require the removal of the pine trees in that area. Lindquist stated the trees could remain but the area would just be platted as a 50 foot outlot in the event this lot is developed further in the future. Hilbelink stated they did not prefer that option and have elected to only subdivide the property into two lots. Gaffron indicated the Planning Commission could request the property owners place a covenant on the property preventing it from being further developed in the future. Hilbelink stated he would have a problem with a covenant in the event the owner of Lot 1 in the future decided to subdivide. Lindquist stated he has a concern that someone in the future will want to subdivide this property further and will not have driveway access. Hawn indicated it would be difficult to subdivide the back lot under the current City Codes. Hilbelink pointed out that further subdivision of this property may impact the septic sites. There were no public comments regarding this application. Weinberger noted he has been contacted by a party interested in purchasing the entire piece of property. Hilbelink stated they have been in contact with that individual, noting the party did have the chance to make an offer on the property. Lindquist inquired whether they were okay with the additional 10 feet. Hilbelink stated that would be acceptable as long as it did not impact the septic sites. Weinberger noted a minimal amount of grading is required on this property since the driveway already exists. Lindquist moved, Smith seconded,to recommend approval of Application#2592, John Vogt and Mike Hilbelink,350 Stubbs Bay Road North, subject to the platting of a 40 foot outlot,the standard drainage and utility easements being dedicated, and the planting of additional landscaping along the driveway once the actual location of the building pads and driveway is determined. VOTE: Ayes 4,Nays 0. • PAGE 17 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 (#5) ##2594 JAMES R.JOHNSON,2240 FOX STREET—PROPOSED TWO LOT SUBDIVISION,8:50 p.m.—9:04 p.m. James and Helen Johnson,Applicants,were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting preliminary plat approval for a two-lot subdivision of an 8.1 acre site located at 2240 Fox Street. The property is located in the two acre zone and will create one new building site. Bottenberg noted the lot division is a front/back lot split,with the back lot needing to be a minimum of three acres. Access to the back lot will be provided off Fox Street via Outlot A. The driveway to the back lot is proposed to come off the existing driveway used by the house on the front lot. Both lots meet all requirements for subdivision without the need for variances. Bottenberg stated the septic inspector has reviewed the septic sites and has determined both sites meet all City and State standards. The existing septic sites located on Lot 2 are conforming systems and would not be impacted by the subdivision. Bottenberg stated Outlot A would be created as an access outlot for a private driveway to serve Lot 1 and Lot 2. Access outlots are required to be a minimum of 30 feet wide to accommodate drainage, snow removal and screening without encroaching on neighboring properties. Bottenberg indicated Outlot A is 109 feet wide, with no additional screening necessary. Bottenberg noted a flowage and conservation easement was dedicated over the wetlands in this area in 1977. A 50 foot corridor on the west side of the property was purposely not included in the easement at that time to allow for future driveway access to the future back lot. The Building Inspector granted the Applicant a permit in April, 2000,to continue the driveway to the back lot. The City would require approval of a wetland filling variance and the Applicant would be required to obtain approvals from each of the affected agencies with wetland jurisdiction. James and Helen Johnson had no comment. There were no public comments regarding this application. Hawn expressed a concern that the proposed driveway is going through DNR protected wetland, which may be setting a precedent. Hawn noted the City normally does not allow people to fill protected wetland. Smith inquired whether the driveway could be relocated. Johnson indicated the location is based on an easement given in 1977 for the driveway. Hawn inquired whether this was prior to the time the wetlands were protected and when this wetland was designated on the City maps. Gaffron stated the City did an inventory back in 1974 and 1975, with this wetland being included • on the list at that time. Gaffron stated that in 1977, with the lot was split off, the City accepted PAGE 18 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 • (#2594 JAMES JOHNSON,CONTINUED) an easement over the wetlands,which was thought to be the shortest, most logical way to access the parcel. Gaffron commented the rules and regulations concerning wetlands at the present time are much stricter,with the Applicants needing to get their approval prior to final plat approval. Gaffron stated the City should perhaps have held off granting the driveway permit until the other approvals were obtained. Bottenberg noted for the record that a letter has been received from the Swiontkowskis indicating they own the property to the north and they would like to see as many trees saved as possible with this development. Johnson commented he has a problem with condition number four contained in the Planner's Report,noting the agencies are unidentified and that the time period of open-ended. Lindquist stated if the Planning Commission approves this application, it will be subject to the conditions contained in the Planner's Report. Lindquist stated City Staff will be able to provide the Applicant with a list of the appropriate agencies to contact. Lindquist noted the Applicant will need to obtain those approvals prior to this application being approved by the City Council. Johnson indicated the rest of the conditions are acceptable. • Lindquist moved, Smith seconded,to recommend approval of Application #2594, James R. Johnson, 2240 Fox Street, Class II Subdivision, subject to Conditions 1 —7 contained in the Planner's Report dated June 19, 2000,with the approvals relating to the wetlands being obtained prior to City Council approval of this application. VOTE: Ayes 4, Nays 0. (Recess taken from 9:05 p.m.—9:10 p.m. (#6) #2596 BRENSHELL HOMES, 1181 WILDHURST TRAIL—PROPOSED SIX LOT SUBDIVISION WITH DEVELOPMENT OF GARDEN LANE AS A PUBLIC ROAD, 9:10 p.m.— 10:02 p.m. Steve Behnke, Brenshell Homes, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant has submitted a preliminary plat application for a six lot subdivision of approximately seven acres of land located at 1181 Wildhurst Trail. The lots would have access from Garden Lane, which is a platted but undeveloped street. Garden Lane would connect Tonkaview Lane to Outlot A. The road is proposed as a public road to the cul-de-sac. The proposed access from Tonkaview eliminates a number of problems with the proposal with the sketch plan review. The Garden Lane access will eliminate driveways to Wildhurst,thus protecting the trees along Wildhurst Trail and controlling stormwater runoff on site. PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • (#2596 BRENSHELL HOMES,CONTINUED) Weinberger stated the six proposed lots would average approximately one acre in site,with all lots being connected to sewer and served with private wells. Sewer is currently available in Wildhurst Trail and would need to be extended between Lots 2 and 3 to the new road. Weinberger indicated Lots 2 and 3, located at the end of the cul-de-sac, do not have the required lot width for new lots in this zoning district and would require variances for lot width. Lot 5 does not have the required frontage along the proposed road and would require a variance as the width of the lot is narrower adjacent to Outlot A than Garden Lane. Garden Lane would only be developed to the intersection with Outlot A and would become a public road. Weinberger stated Lot 1 is proposed at 1.03 acres, but does not account for land area dedicated for the NURP pond,with the City not crediting buildable area for land that will be used as a drainageway or for storage of stormwater. Weinberger noted a variance would be required for lot area. Weinberger stated Lots 2 and 3 would require lot width variances since they are less than the 140 feet required width at the rear of the front yard setback. Both lots are considered to be through lots since they would have access to the new road and are adjacent to Wildhurt Trail. Weinberger stated Lot 4 would be a conforming lot and does have a buildable area that would be • suitable for residential construction. Lot 5 would have approximately 90 feet of frontage along the front property line, with no direct access being available from Garden Lane. Weinberger stated Lot 6 contains a major ravine, which is shown on the preliminary drawings as a drainage easement. City Code requires properties served by municipal sanitary sewer,the minimum lot area may be divided by Flood Fringe lands provided at least one half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area.. According to the proposed plan,the driveway access would impact the southern edge of the ravine. Weinberger noted the City Engineer is reviewing this driveway location for Lot 6,with on-site grading and drainage plans needing to be submitted to the MCWD for review. Weinberger stated access to Lot 6 is not possible without impacting the ravine. Weinberger stated athe road and most of the lots will drain towards the NURP pond depicted on Lot 1, with the pond draining to the ravine along the south lot line of Lot 2. Staff has a concern about the drainage being diverted into one location before it drains to the east side of Wildhurst Trail, with the City Engineer recommending that all drainage be diverted to the north from the pond and into the ravine located in Lot 6, with some form of water retention downstream before it enters Lake Minnetonka. Weinberger stated additional information regarding the drainage will need to be submitted to the City Engineer for his review and approval. Weinberger stated the Park Commission will need to review this application as it relates to the issue of park dedication. This property is located across an undeveloped road from the Saga Hill Park and provides the City of Orono with an opportunity to determine if a land dedication would be appropriate to protect the ravine. • PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 • (#2596 BRENSHELL HOMES,CONTINUED) City Staff is recommending this application be tabled until the next Planning Commission meeting in order to give the Applicant time to resolve some of these issues. Steve Behnke stated he has a number of questions relating to the issues raised in the Planner's report. Behnke stated currently in his view Garden Lane as being required because of Lot 64, which is the lot to the north being a potential public access to a private lot. Behnke stated in his opinion Lot 1 does show over one-half acre dry buildable outside of the NURP pond,with the engineer for this development calculating two-thirds dry buildable on this lot. Lots 2 and 3, lot width variances would not be necessary since at Wildhurst Trail the lots are 224' and 153', and if measured along the setback,there is the potential that they are less than 140',but are obviously greater in width across the northern section. Behnke pointed out both lots will be located on a cul-de-sac. Behnke stated it was on the recommendation of City Staff that this plan took the approach from Garden Lane. Lot 4 also contains enough frontage along Garden Lane and would not need a variance. Behnke acknowledged that there are issues relating to grading and drainage concerning this property,which will need to be addressed further. Behnke stated it is his opinion that Lot 6 and the ravine have been addressed. Behnke noted they have adopted the DNR's definition of a bluff as the method of determining the top of the ravine. The top of the ravine does not extend to Garden Lane and ends prior to it, and because of that,the acreage on both sides is being incorporated into the dry buildable acres. Behnke stated the driveway does not impact the ravine proper as • defined by the bluff definition. Behnke stated Lot 6 consists of approximately 1.25 acres in size, and they would be able to manipulate the lot line if necessary. Behnke commented the current division of water between the north and south is essentially equivalent to what it was prior to this plan being created, with this development not increasing the water runoff. Behnke stated the intention of the NURP pond is to hold the water to allow it to drain to the ravine at the same rate that it is currently. Behnke stated the water that drains to this property offsite is also included in the NURP pond proposed for Lot 1. Behnke stated the comment by the City Engineer that all drainage be directed to the north is opposite the natural direction of the water. Behnke stated in his view there are some inaccuracies in the statements by the City Engineer. Behnke stated in his opinion he should not be responsible to extend Garden Lane to the north as part of this project since they are offsite. Behnke indicated they are in agreement with the standard easements and that Outlot A should be a public right-of-way, with the road being a public road due to the number of houses that will be serviced by it. Behnke stated they will continue to work with City Staff on these issues. Behnke noted the proposed drainage for this development is designed to keep the water runoff at the same rate as what currently exists in the ravine. Weinberger stated regardless of the one-half acre dry contiguous,these lots are located within the one acre zoning district and still require the one acre dry buildable regardless of being separated by • a drainage area. Weinberger stated Lot 6 does meet this requirement, with Lot 1 being less than one PAGE 21 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 110 (#2596 BRENSHELL HOMES,CONTINUED) acre in size due to the location of a NURP pond on that lot. Weinberger stated Lots 2 and 3 do front on a cul-de-sac, with Staff measuring the lot width from the setback from the cul-de-sac. The frontage along Wildhurst would technically require a variance. Weinberger stated as it relates to the drainage,the comment from the City Engineer were based on the information provided by the Applicant. The City Engineer has not commented on the new information submitted. Weinberger stated the concern initially was that all of this drainage was going to one location. Gary Welsh, 1214 Wildhurst Trail, stated he lives east of the proposed development.Welsh stated the ravine that runs on the south side is actually the ravine that runs through their property, noting he is well aware of the drainage that runs through the ravine. Welsh inquired whether this was a situation where the rules will be bent by granting the variances to allow the extra density and have an adverse impact on the area due to the added hardcover and increased runoff. Welsh commented that perhaps more water needs to be held on the property in order to address the drainage issues. Mike Hollenhorst, 1200 Wildhurst, stated in his opinion due to the number of variances required on this development,the application should be denied. Hollenhorst indicated they live downhill from Lots 2 and 3,with the construction as a result of this development causing the entire roadway and • driveway to be blocked while the sewer line is being extended. Hollenhorst requested that the Planning Commission require a substantial bond on this project to enable the City to restore the land back to its original state should the developer go bankrupt on this project. Sandy Robinson,Wildhurst Trail, expressed concerns relating to the proposed density and drainage. Robinson stated in her view the City should not permit a developer to push the amount of lots that can be developed in this area. Robinson stated in her opinion three lots would be acceptable in this area. Robinson commented the depth of the ravine in the area should give a clear indication to the Planning Commission of the power of the runoff in that area, and that ample steps need to be taken in order to guarantee proper drainage from this development. Michael Wear, 1184 Wildhurst, commented in his view the developer has a right to develop this property if he so chooses,with the City having the right and the obligation to place sufficient conditions upon the developer to insure proper compliance with City Codes and adequate drainage. Wear stated in his view this area needs to be developed with the issues in mind, especially in light of the drainage that flows through this area. Wear stated the current condition of the ravine is not very attractive due to the number of downed trees and debris within the ravine. Wear suggested the developer revise his plans to work with the runoff and the other issues and reappear before the Planning Commission. Robert Birkeland, 1298 Wildhurst Trail, stated when this area experienced a 12 inch rain,the ravine looked like the Missippissi River under the existing conditions. Birkeland stated in his opinion the City needs to get some kind of balance between what currently exists and what the developer is attempting to do. • The President of Brenshell Homes stated they would be willing to table this application in PAGE 22 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (#2596 BRENSHELL HOMES,CONTINUED) order to address these concerns and arrive at a better medium ground. Hawn stated she appreciates the offer to table this application,noting that this is a difficult piece of property to develop with a number of complicated issues, which is not the fault of the developer. Hawn noted the developer has indicated he is willing to work with City Staff and the neighbors on these issues. Hawn encouraged the neighbors to work together with the developer on this proposal. Hawn indicated in her opinion she feels the number of lots being proposed for this area is ambitious and should be reduced by one or two lots,with particular attention being given to the drainage issues in this area. Smith commented the number of variances being requested generally serves as a flag to the Planning Commission that perhaps what is being proposed for the area is a little too intense or not appropriate for the area. Smith commended the developer for suggesting that this item be tabled in order to allow these issues to be addressed. Lindquist stated he concurs with tabling this application,noting he would like to see the developer and the neighbors get together to discuss these issues. Nygard indicated he was in agreement. • Hawn moved, Lindquist seconded,to table Application #2596, Brenshell Homes, 1181 Wildhurst Trail,to give the Applicant time to submit revised plans at their request. VOTE: Ayes 4,Nays 0. (#8) #2584 ANDREW AND TRACY RASCHER,4705 NORTH SHORE DRIVE— CONDITIONAL USE PERMIT, 10:03 p.m.— 10:18 p.m. Tracy Rascher,Applicant, along with Jeremy Bakken, Builder, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated this application was tabled at the May 15, 2000 Planning Commission meeting to allow the Applicant time to revise their proposed plan regarding the construction of lakeside retaining walls. The Applicants are seeking a Conditional Use Permit to replace two existing retaining walls and construct two additional retaining walls within the 0-75' setback. A variance is needed in the 0-75' setback since retaining walls are considered as hardcover. Bottenberg stated the Applicants,the contractor, City Engineer,and City Staff met on May 19, 2000, at the site to discuss how to stabilize the existing walls and steps with minimal impact to the property. The City Engineer at that time reiterated his initial observations regarding the proposed new retaining walls as requiring substantial grading, with the recommendation that no new retaining walls be constructed. Bottenberg stated another solution discussed was to replace the existing walls in their current location and to their current dimensions. What is being proposed by the Applicants is to replace the PAGE 23 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 • (#2584 ANDREW AND TRACY RASCHER, CONTINUED) two existing retaining walls and extending the wall that is currently located behind the tree,with elimination of the two proposed retaining walls by the lakeshore. Bottenberg stated the new retaining walls will be in the same location and approximately the same size as the existing walls,with the new walls being constructed out of Keystone,which is different from what currently exists. There will also be a slight design change in locating the steps in the middle of the walls instead of at the west end,which will reduce the amount of hardcover in the 0-75' setback area. The existing steps and walkway will be removed and replaced with sod. Bottenberg stated the project as proposed requires a variance for land alteration within 75' of the shoreline, a variance to hardcover within 75' of the shoreline, and a conditional use permit for land alteration. City Staff is recommending approval of the current plan for replacement of the two existing retaining walls in the 0-75' setback area and replacement of the wall behind the tree. Staff is recommending denial of lengthening the retaining walls behind the tree. The walls shall be of the same dimension and location as what presently exists,with vegetation being planted for screening. Bakken stated they have worked with City Staff in order to develop some plans that would be acceptable to the City. Bakken stated they are not proposing to really change any of the existing • grading, with the ends of the walls being wrapped into the ground to help prevent erosion and improve drainage. Rascher indicated their lot is located right at the end of Saga Hill at the edge of Lake Minnetonka with erosion being a major concern. Rascher stated they are attempting to make this area useable while attempting to address the issues relating to drainage and erosion. Rascher stated they would like to complete this project as efficiently and correctly as possible. There were no public comments regarding this application. Smith inquired whether City Staff is recommending any particular type of landscaping for this area. Weinberger stated they have requested a landscaping plan from the Applicant, recommending leafs on shrubs. Hawn moved, Lindquist seconded,to recommend approval of Application #2584, Andrew and Tracy Rascher,4705 North Shore Drive, granting of variances and conditional Use permit for replacement of existing retaining walls within 75' of the shoreline. VOTE: Ayes 4, Nays 0. • PAGE 24 MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19,2000 (#11) #2591 GINA HANSEN,583 PARK LANE—VARIANCES, 10:19 p.m.— 10:24 p.m. Gina Hansen,Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are proposing to change the use of a 4' x 18' section of the existing covered deck and adding a second story to the back portion of the existing residence. The second story addition will be approximately 255 square feet,with the first story walls and foundation remaining. Bottenberg stated the roof line will be higher than what presently exists on the back portion of the residence,but will still be within City zoning code requirements. Bottenberg stated the structural coverage on the lot will not change with this proposal because the portion of the deck being changed into living space is currently covered and considered structure. The existing lot coverage is 21.7 percent, with the allowable being 15 percent. Bottenberg stated this project will not change the three feet from the side lot line. Hardcover in the 0-75' setback area and 75-250' setback is not changing, with existing hardcover being 20.7 percent in the 0-75' setback and 65 percent in the 75-250' setback. City Staff recommends approval of this application, with the recommendation that approval of the variance for side setback be conditioned on the existing foundation being inspected by a structural engineer to determine if it is able to handle the additional weight of the addition before • applying for a building permit. Hansen indicated this project will have little impact on her neighbors. Hansen stated she has Discussed this project with her neighbors, who have indicated they are in support of it. There were no public comments regarding this application. Lindquist indicated he does not have a problem with this application. Lindquist moved, Smith seconded,to recommend approval of Application#2591, Gina Hansen, 583 Park Lane, granting of a side yard setback variance to permit a side Yard setback of three feet for a second story expansion where 10 feet is required. VOTE: Ayes 4, Nays 0. ADJOURNMENT Nygard moved,Smith seconded,to adjourn the meeting at 10:25 p.m. There being no further business to discuss,the meeting was adjourned at 10:25 p.m. • 4 lizabeth Hawn, Chair PAGE 25