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HomeMy WebLinkAbout08-21-2000 Planning Commission Minutes MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 III ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Jay Nygard,William Stoddard, Dale Lindquist, Janice Berg, and Daniel Kluth. Commissioner Sandra Smith was absent. The following represented City Staff: Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, and Recorder Jackie Young. City Council Representative Charles Kelley was present. Chair Hawn called the meeting to order at 6:31 p.m. PUBLIC HEARINGS (#1) #2571 DOUG AULT AND JIM GINTHER,2739 SHADYWOOD ROAD— CONDITIONAL USE PERMIT, 6:31 p.m.—6:31 p.m. This application was tabled at the request of the Applicant. PLANNING COMMISSION COMMENTS (#11) PLANNING COMMISSION APPROVAL OF MINUTES FOR JUNE 19, 2000 AND JULY 17, 2000 • Lindquist moved,Kluth seconded,to approve the minutes of the Orono Planning Commission meeting of July 17,2000,as submitted. VOTE: Ayes 4,Nays 0,Berg and Hawn Abstained. Nygard moved, Lindquist seconded,to approve the minutes of the Orono Planning Commission meeting of June 19, 2000, as submitted. VOTE: Ayes 4,Nays 0,Berg and Kluth Abstained. (#9) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JULY 24,2000 AND AUGUST 14,2000 Hawn stated she attended the August 14, 2000 City Council meeting. Hawn commented she has no significant issues to report. Smith attended the July 24, 2000 City Council meeting but was not present at tonight's meeting. • PAGE 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • PUBLIC HEARINGS (#2) ACE PROPERTIES,3349 CRYSTAL BAY ROAD—VARIANCES,6:35 p.m.— 7:12 p.m. Gary Gniffke, Ace Properties Representative, Owner, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated City Staff has reviewed the original submittal by the Applicants, with the Applicants being advised that the proposed house was too ambitious for the size of the lot and likely would not be approved. The Applicants revised their plans and have reduced the amount of structure and hardcover proposed on the property and is more consistent with the surrounding development.Weinberger stated the Applicants have attempted to relocate the house to be more in compliance with the side yard setback requirements. Weinberger stated the existing house and garage total 1,080 square feet of structure and are located one foot off the east property line. The proposed new structure consists of 1,082 square feet and would be located in the center of the property meeting the ten foot side yard setback requirements. Weinberger noted due to the small size of the property, which consists .11 acre, makes it difficult to construct a house on the lot without the need for some type of variances. Variances are needed to permit 29 percent hardcover within the 0-75' setback where 27 percent presently exists and 47 percent hardcover in the 75-250' setback where 48 percent exists and 25 percent is allowed. Variances are also needed to permit the proposed residence to be located • 70 feet from the 929.4' lakeshore where 75' is required. A variance to permit an eight foot rear setback where 30 feet is required is also needed as well as a variance to permit new construction on the non-conforming lot. Weinberger noted lot area is required to be one-half acre and lot width is 100 feet. Weinberger stated this lot has existed as a developed parcel for many years, with the proposed development being consistent with other new construction in the area. Weinberger commented the size of the proposed house is consistent with the size of the existing house, with the applicants having made every effort to reduce the size of the residence. Weinberger noted some existing structure and hardcover located within on railroad property, which has not been calculated into existing hardcover figures,would be removed prior to construction of the new residence. Weinberger stated hardcover within the 0-75' setback is required for driveway access to the property as Crystal Bay Road is located within 75 feet of the lakeshore,with no other access being available to the property. City Staff recommends approval of the application. Gniifke had no additional comments. Hawn inquired whether the structure meets the City's height ordinance for this zoning district. Weinberger stated the height of the structure has been checked, with the overall height of the structure being 28 feet. Weinberger noted a neighbor did express some concerns regarding the • PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (Ace Properties, Continued) height of the proposed structure. Weinberger stated the proposed structure is not technically encroaching upon the average lakeshore setback, but that there are some issues relating to the possible blocking of the neighbor's view of the lake. Weinberger stated he has spoken with the neighbor regarding this issue. Weinberger noted the building inspector has verified the overall height of the building to be 28 feet. Berg commented she does have a concern with the height of the building. Hawn inquired what the other residences in the area consist of as they relate to height. Weinberger stated the adjacent buildings on average are one and a half story structures. Weinberger stated the house two doors to the west is similar in height to this proposed structure, with this residence having a smaller footprint and being located further from the lakeshore. Hawn commented that a number of houses in that area are currently being redone, and expressed concerns that the City may end up with a row of tall structures within 75 feet of the lakeshore. Hawn inquired whether the height of the structure could be reduced somewhat. Larry Palm, Property owner, stated they have revised their plans three times in an effort to comply with the City's ordinances, noting in their opinion this is the best plan possible in meeting the City's requirements and still having a house that is liveable. Palm stated if the height of house is reduced,they would end up with a tiny little box for a structure. Stoddard remarked he does not have a problem with the height of the structure if it is within the City's ordinance. Stoddard inquired whether the pitch of the roof could be altered somewhat to perhaps a 10/12 pitch. Gniflke stated they could possibly reduce the pitch of the roof somewhat. Stoddard inquired whether the Applicants have spoken with the adjacent property owners. Gniflke stated they have spoken with their neighbors regarding this proposal. Bradley Bakke, 7024 Wexford Road, distributed a letter to the Planning Commission members outlining some of his concerns regarding Resolution No. 3472, which was approved by the Orono City Council in 1994. Bakke stated the Planning Commission had recommended approval of the Resolution based upon Item#3,that the deck and rails would not create a new view encroachment for neighboring properties. Bakke inquired whether it would be appropriate for the City to approve this application in light of the resolution. Bakke stated the present structure does not encroach upon his view of the lake, noting he is presently able to see over the top of the garage. Bakke stated if the height of the structure exceeds the height of the deck, he will no longer have a view of the lake,which was one of the conditions approved in the 1994 resolution. Bakke commented if the Applicant is allowed to construct a two and a half story structure within 75' feet of the lake, it will also adversely affect the sunlight he receives and northwest wind onto his property. Bakke noted the City Council found that the 1994 variance would not adversely • affect the light nor air of the neighboring property. PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (Ace Properties, Continued) Bakke expressed concerns regarding drainage should the land elevation be increased along the new structure,and requested that the existing driveway be eliminated next to his existing driveway and be planted with growing lawn or landscape should the driveway be relocated. Hawn noted the neighbor has concerns relating to height since it would block his view of the lake, hardcover issues relating to the existing driveway, and would like the residence to be located further back. Hawn indicated this would be considered new construction, with a variance needed to build on the property since it is a non-conforming lot. Hawn stated this proposed building would be located behind the average lakeshore setback, noting that every house located on this block is also located within the average lakeshore setback. Bakke stated his view of the lake is a very important issue to him. Kluth commented a change to the height ordinance would be necessary in order for the Planning Commission to require the Applicant to reduce the height of the structure. Kluth noted the structure is below the maximum allowed by the City's ordinance. Weinberger stated one issue for the Planning Commission to consider is the portion of the house that would be located within the 0-75' setback. Weinberger concurred that the proposed structure does meet the City's height ordinance. Weinberger noted the existing building is located just over six feet from the property line, with the new structure to be located 13 feet from the lot line. Lindquist commented if the structure were located 75' from the lakeshore,the house would be • three feet from the rear property line. Hawn commented the City needs to be aware of the increasing height of the structures in this area and that perhaps a review of the ordinance is in order. Hawn noted the Planning Commission is not in a position to say that the Applicant cannot build the structure to the proposed height, but can look at whether the structure should remain out of the 0-75' setback. Hawn commented the real issue before the Planning Commission is the location of the proposed structure. Gniffke stated they have made an effort to purchase that piece of property from the railroad,to no success. Gniffke stated they have attempted to address the loss of view. Hawn inquired whether the Planning Commission would like to see the house relocated out of the 0-75' setback. Lindquist commented in his view they should stay with the eight foot rear yard setback. Nygard commented it would be difficult to reduce the rear yard setback to three feet. Nygard noted the existing carport is still further forward than the proposed house, with the proposed new house largely offsetting any encroachment into the side yard setbacks. Berg commented she would still like to see a different pitch on the proposed residence even though what is currently proposed is allowed under the ordinance. Gneffke stated he is willing to reduce the pitch to 10/12. • PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (Ace Properties, Continued) Stoddard stated he would like to review the height ordinance in a workshop setting. Stoddard stated the Planning Commission needs to review the applications in relation to the City's ordinances and needs to act on the application that is currently before the Planning Commission tonight. Stoddard moved, Kluth seconded,to recommend approval of Application#2593,Ace Properties,3349 Crystal Bay Road, granting of the variances outlined in the August 16, 2000 Planner's Report,with the condition that the pitch of the roof will be reduced to 10/12 prior to City Council review. Gaffron noted no variance is needed for lot coverage if the structure is to consist of 1,082 square feet, but recommended the Planning Commission make a finding that that variance is not needed. Hawn noted no variance is needed if the structure is under 1,500 square feet or 15 percent, whichever is greater. Stoddard moved,Kluth seconded,to amend his motion to include the finding that no variance is needed for lot coverage since the proposed structure is under the 1,500 square feet allowed by ordinance. VOTE ON THE AMENDED MOTION: Ayes 6, Nays 0. • SCHEDULED PUBLIC HEARINGS (#3) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH,PROPOSED SEVEN LOT PLANNED RESIDENTIAL DEVELOPMENT, 7:15 p.m.— 7:46 p.m. John Bergh, Louck's &Associates, appeared on behalf of the Applicant. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated this application was tabled by the City Council at its February 14, 2000 meeting to allow the Applicant time to review two primary issues that were being discussed in relation to this development. Weinberger stated this development is located on South Brown Road and consists of approximately 20 acres, 14.1 acres of which are dry buildable. Weinberger stated the last plan by the Applicant was proposing to gain access to this development through a tract of land owned by John Dunn. The Applicant has indicated he is unable at this time to obtain a roadway easement to access Brown Road and has submitted a new plan that requests access to the lots from Apple Glen Road,which is a public road owned and controlled by the City of Long Lake. Weinberger noted the Applicant has requested Long Lake grant road access from Apple Glen as well as connection to sewer. The City of Long Lake is requesting the City of Orono review this plan prior to their review. Weinberger stated the revised plan shows Apple Glen Road being extended, with another road • PAGE 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 111 (#2550 Charles Van Eeckhout, Continued) with two cul-de-sacs on the north side to serve those four lots. Weinberger indicated the Applicant has completed the additional soil borings necessary to determine the total dry buildable area of the property. The wetlands in this area have been re-evaluated and it has been determined that two wetland areas originally identified as wetland should not have been,with the total land designated as wetland on this property consisting of 6.05 acres. This results in a total dry buildable area of 14.1 acres. Weinberger noted the two acre zoning of the property would allow a maximum of seven lots based on one residential unit per two acres should the PRD be approved. Weinberger stated the second issue was to secure access to this property, which is not currently resolved. Weinberger stated in order for this subdivision to be approved,a conditional use permit for a Planned Residential Development needs to be approved,which would allow the property to be developed at a two acre density using cluster development and preservation space. Weinberger noted a road width variance and a variance to allow the road to be developed at less than the minimum requirements is requested,with the Applicant requesting to construct a 24 foot roadway. Weinberger noted City Code requires a minimum paved width for roadways serving seven or more sites to be constructed at a 28 foot width, with Apple Glen Road being 26 feet wide. Weinberger stated since this property is outside the MUSA area,it would require an amendment to • be approved by the City Council and the Metropolitan Council to provide sewer to the site, with approval by the City of Long Lake also being necessary. Weinberger stated access to sewer is available along Apple Glen Road. Weinberger stated this area lies within the Tanager Lake drainage district. The DNR has requested that the wetland area on this property be protected by the granting of conservation easements on all wetland areas,the Long Lake Creek, and all the property south of the creek, with open space being preserved south of the creek. The Applicant has agreed to place conservation and open space easements to protect the creek and to maintain the natural buffer between the trail and the developed land north of the creek. Weinberger stated City Staff feels the proposed preliminary plat is in a format that could be recommended for approval subject to the following conditions: 1. Prior to City Council approving the Preliminary Plat,the Applicant shall secure access from the City of Long Lake to Apple Glen Road,be approved for sanitary sewer connection, and the Met Council shall approve a MUSA extension. 2. The road shall be constructed to a width consistent with road dimensions of Apple Glen Road. The City of Long Lake shall be requested for comments regarding construction and maintenance of the road. 3. Standard drainage and utility easements along the property lines will be required for final plat. S PAGE 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2550 Charles Van Eeckhout, Continued 4. Granting of Conservation and Flowage easements across the wetlands and ponding areas located within the development. Language in the easement documents shall restrict land alteration and removal of vegetation in all wetland areas and within 75' of Long Lake Creek. 5. Conservation easements shall be granted over the conservation areas on proposed lots 3, 4, 5 and 6. 6. Drainage easements shall be dedicated on the plat across drainageways and pond areas. 7. Utility and Roadway easements shall be granted over Outlot A. 8. Subdivider shall satisfy all concerns and requirements noted in the letter dated August 14, 2000,by the City Engineer. Bergh commented the first concern expressed by the Planning Commission at the last meeting was the small lot size on the north, noting the consensus was to either eliminate a lot or to achieve bigger lot spacing. Bergh stated by having the roadway as proposed, it will create a better roadway system and affords the developer the ability to spread the lots out more. Hawn inquired what the size of the lots on the north side is. Lindquist stated he would like to know the dry buildable area on each lot. • Bergh indicated he does not have the numbers with him tonight, but to his recollection Lot 1 is just over three-quarters of an acre,all dry buildable; Lot 2 is approximately eight-tenths of an acre,with approximately 80 to 90 percent dry buildable; Lot 7 is all dry buildable, and Lot 3 is approximately 30 percent dry buildable but still contains a large dry buildable area consisting of approximately three-quarters to one acre. Hawn noted the City of Orono has received two letters from residents of Long Lake opposing the extension of Apple Glen Road. Hawn noted when the wetlands were remeasured,there was mention made to a ditch that apparently was not there in 1996 and also to some fill that hadn't been there in 1996. Hawn inquired where the ditch and fill came from. Bergh stated he is uncertain of the exact history of the ditch and fill, but a wooden ditch exists in the area, with the creekway having been re-dug,which reduced the water level in this area. and resulted in the area becoming dry buildable. Bergh stated the only fill he is aware of is in the area of Lot 7. Tom Woolin, 20 Apple Glen Road, stated Apple Glen Road currently has a cul-de-sac, which he would like to see remain. Woolin stated he is opposed to the extension of the road due to the extra traffic that it would bring and the additional safety concerns for the young children in the area that would result from the added traffic. • Melanie Wollin stated she is in agreement with her husband. PAGE 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2550 Charles Van Eeckhout, Continued) April Bresner, 50 Apple Glen Road, expressed concerns with extension of the street since Apple Glen Road is a narrower road and the added traffic. Mary Ann Hansen, 64 Creekside Drive, Long Lake, stated it was her understanding this area was part of a state refuge when she purchased her property three years ago. Hansen stated there currently are signs denoting the area as a state refuge, with a large number of wildlife living in the area. Ken and Judy Bigelow, 32 Apple Glen Road, stated they were opposed to the extension of the road. John Dunn, 20 South Brown Road, stated he owns the adjoining property to this development, and it is his impression the Applicant has done quite a bit of ditching on the property. Dunn also expressed concern regarding the small size of the lots. April Bresner questioned whether once an area is designated as a wetland, regardless if a ditch is constructed and the area is now deemed dry buildable, if that area is still considered to be a wetland. Stoddard stated there are many standards that go into designating an area as wetland, with the presence of water and flora being the two primary criteria used in determining whether the area • should be considered a wetland. Stoddard stated the characteristics of the land can change. Stoddard stated the DNR can designate certain areas as wetlands, with the City of Orono protecting additional wetland area beyond the DNR designations. Bergh noted this area has never been delineated as a wetland. Weinberger stated the original delineation for this area was revised, with the area in question not being designated as a wetland. Hawn commented she has some concerns regarding the sand and fill having been found. Hawn inquired if City Staff has any information concerning where that fill may have come from. Weinberger stated the only information the City has is that it may have come from the excavation of the creekbed area. Weinberger stated he is not aware of when the area may have been filled or where the area was filled. Hawn commented it is her understanding this area was wetland in 1998. Dunn stated he has seen backhoes and tractors at various times in that area,which in his opinion was done in an attempt to lower the water table in that area and to create a buildable area. Hawn stated she does not know whether that is in fact the case. Dunn stated from a lay person's perspective, something has occurred in the area to have lowered the water table from what it was in 1998. • PAGE 8 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2550 Charles Van Eeckhout, Continued) Bergh stated if this area was truly a wetland area, excavation of the creek area would not result in a lower water table. Bergh stated it is his understanding from Mr. Sobotta and Mr.Van Eeckhout is that the watershed going away from this property was lowered at some time and lowered the water table in this whole area. Bergh stated by digging the creekbed out would result in the creek being filled with water if this was a true wetland,which has not occurred. Bergh stated the outlet was changed to the east of this property somewhere, which resulted in the lower water table, and he is not aware of where that change occurred. Hawn commented the Planning Commission will probably not be able to gain a clear understanding of the ditch and fill at tonight's meeting. Hawn expressed a concern regarding the small lot size. Lindquist commented the Planning Commission is looking at some very small lot sizes, noting he cannot support a project with those lot sizes. Lindquist noted there is a fair amount of opposition from the residents of Long Lake to the extension of Apple Glen Road. Hawn concurred that there is not a lot of support for the extension of Apple Glen Road among the residents of Long Lake. Kluth commented the minutes reflect that the Planning Commission has expressed concerns on a number of occasions regarding the small lot size, with a recommendation being given to lower the • number of lots in this development. Hawn commented the amount of dry buildable was increased slightly. Lindquist indicated the size of the lots still remain relatively small, and reiterated he would not be in support of the development as proposed. Stoddard noted he was in agreement with Lindquist. Kluth noted the City Council minutes reflect that hookup to sewer would not be allowed if it increased lot density,noting the City Council would prefer to see a two acre minimum. Kluth pointed out the Applicant was requested to address the issues relating to dry buildable and access. Bergh stated the overall average for the lots in this development are a little over two acres with respect to the PRD. Hawn commented that there are some minimum sizes that people tend to be interested in regardless if the overall lot size is above the two acre minimum. Lindquist stated the Planning Commission can either act on this application tonight,which in his view it will be denied, or the Applicant can request the matter be tabled. Bergh requested the Planning Commission act on the revised plan. • PAGE 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 S (#2550 Charles Van Eeckhout, Continued) Hawn moved,Kluth seconded,to recommend denial of Application#2550, Charles Van Eeckhout, 120 South Brown Road, due to the concerns expressed regarding access and small lot size. VOTE: Ayes 6,Nays 0. Hawn stated the Applicant should obtain additional information regarding the ditch and fill in this area prior to appearing before the City Council. Bergh indicated tonight was the first time he became aware of it. Weinberger noted the City has requested an updated wetland delineation report and explanation regarding the fill. Hawn pointed out a hearing will also be held before the Long Lake Planning Commission and City Council regarding extension of Apple Glen Road. CONTINUED PUBLIC HEARINGS (#5) #2603 JAMES RENCKENS,3020 WATERTOWN ROAD, CONDITIONAL USE PERMIT AND VARIANCES, 7:47 p.m.—7:52 p.m. Todd Irvine appeared on behalf of the Applicant. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is requesting a variance and conditional use permit to permit the removal of approximately 1,600 yards of fill out of a City of Orono protected wetland. The pond would consist of approximately 16,000 square feet of surface area, with the maximum depth being proposed at five feet. The proposed slope would be a 10:1 ratio. The wetland would become a wildlife habitat pond with water and a nesting island in the middle. The fill will be used to form berms on the left and right sides of the driveway along Watertown Road and a berm south of the pond. City Staff feels the excavation of the wetland will make it a Type 4 wetland, with the proposed land alterations resulting in a positive improvement and provide a higher quality wetland for wildlife and stormwater management functions. Bottenberg stated the proposal has been submitted to the Minnehaha Creek Watershed District, with the Applicant being granted approval with conditions, including a requirement for security to ensure completion of requirements. The conditions have been met and the permit has been issued. The City Engineer has also reviewed the proposal and has recommended approval. City Staff recommends approval of the application subject to the conditions outlined in the August 21, 2000 Planner's Report. Todd Irvine, Landscape Architect, stated he has no additional comments. Hawn indicated she has no problem with this application. • PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2603 James Renckens, Continued) Lindquist inquired whether this area will be left as a wildlife pond. Irvine stated it will be left as a wildlife area,with the area not being mowed. Irvine stated the area will be reseeded with native grasses. There were no public comments on this application. Lindquist moved, Berg seconded,to recommend approval of Application#2603, James Renckens,3020 Shoreline Drive, granting of a conditional use permit and variances to permit the removal of fill out of a City of Orono protected wetland, subject to the conditions outlined in the August 21, 2000 Planner's Report. VOTE: Ayes 6,Nays 0. Item#6 follows Item#8. (#7) JOHN DOLEMAN, 1680 SHADYWOOD ROAD,VARIANCE,7:53 p.m.—7:59 p.m. John Doleman, Applicant, was present. Bottenberg stated the Applicants are requesting variances to remove an existing street side • stoop and step and replace it with a porch/entry way to the residence. The new entry way/porch combined will extend the entire back of the residence, which will provide better access to the house and flow better with the existing floor plan. The new entry way/porch consists of approximately 256 square feet. Bottenberg stated the porch would be considered outdoor space and not additional living space. Average lakeshore setback is not a concern because the addition is on the street side of the residence. The entry way and addition meet all the setback requirements for the LR-1C zoning district. A variance to hardcover in the 75-250' setback is required. The addition will result in a reduction of hardcover in the 75-250' setback are to 39.5 percent where 41.22 percent exists and 25 percent is allowed. A variance to structural coverage is necessary since the addition will result in an increase of structural coverage on the lot to 16.3 percent where 14.69 percent exists and 15 percent is allowed. Hardcover is being reduced because the Applicant has proposed to remove landscape plastic and part of a sidewalk. Doleman had no additional comments. Hawn inquired whether the Applicant could speak to the issue of hardship. Doleman stated Staff has advised him that there is a 15 percent structural coverage limit. Hawn commented normally a hardship is based on the topography of the land, which in her view has not been demonstrated here. • PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2603 James Renckens, Continued) Doleman stated the only way he could comply with the 15 percent structural coverage limit would be to reduce the porch to two feet. Hawn inquired whether the length of the porch could be reduced somewhat rather than have it the whole length of the house. Doleman stated he possibly could reduce the porch somewhat but he would still have a difficult time meeting the 15 percent limit and having the porch be practical. Kluth commented he is particularly sensitive as it relates to structural coverage on lake lots due to The impact that hardcover and structural coverages have on the area lakes. Doleman inquired whether a reduction in hardcover would help the lake. Hawn stated a reduction in hardcover does lessen the impact to the lake, but that the Planning Commission does not generally trade hardcover for structural coverage. Hawn indicated the Planning Commission encourages the reduction in hardcover whenever possible. Lindquist stated he concurs with Hawn. Stoddard stated this is a difficult application to approve since the Planning Commission normally does not grant structural coverage variances unless a hardship is demonstrated. Stoddard indicated the Planning Commission is a recommending body to the City Council and that the City Council may or may not approve this application. Lindquist stated the Planning Commission can either table it to allow the Applicant time to revise the plans or vote on the application tonight. Doleman requested the Planning Commission vote on his application tonight. Lindquist moved, Kluth seconded,to recommend denial of Application#2605, John Doleman, 1680 Shadywood Road, based on the proposed structural coverage exceeding the 15 percent limit and no hardship being demonstrated. VOTE: Ayes 6,Nays 0. SCHEDULED PUBLIC HEARINGS (#4) #2596 BRENSHELL HOMES, 1181 WILDHURST TRAIL,PROPOSED FIVE LOT SUBDIVISION WITH DEVELOPMENT OF GARDEN LANE AS A PUBLIC ROAD, 8:00 p.m.—9:37 p.m. Steve Behnke, Brenshell Homes, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Planning Commission had reviewed this application at their June meeting, which consists of developing a seven acre site located on Wildhurst Trail. The Applicant has • PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 (#2596 Brenshell Homes, Continued) revised his plans and is now proposing access via Garden Lane. The previous proposal had shown six lots,with some issues relating to driveway access to the property and drainage concerns. The Applicant has reduced the number of lots to five in response to the concerns of the Planning Commission as well as addressed the issues relating to grading and drainage. Weinberger stated in response to the concern about protection of the ravines and controlled water runoff to properties east of Wildhurst Trail,the Applicants have revised the grading plan and addressed the issues by directing drainage to two stormwater management ponds. The City Engineer has reviewed the grading and drainage plan and has determined the drainage has been preliminarily approved. Both of the proposed ponds will reduce the amount of water runoff to what actually exists today as well as providing skimming to allow the water to be treated prior to leaving the site. Weinberger noted this plan would also be subject to review and approval by the DNR and the Minnehaha Watershed District. Secondly,the issue relating to street access has been addressed by revising the plan to make a 90 degree controlled intersection with Garden Lane. The northerly ravine in this development would be protected by a conservation easement and a lot has been removed that would have required access around the ravine. Weinberger stated the number of proposed lots has been reduced from six to five based on the recommendation of the Planning Commission,which has resulted in each lot meeting or exceeding the one acre minimum lot size. Weinberger stated City Staff is strongly recommending the developer not disturb the trees and grades east of the cul-de-sac along Wildhurst Trail. The portion of the sewer that would be installed would be installed between Lots 2 and 3 and along Wildhurst shall be directionally bored to prevent any disturbance to the steep slopes, which would eliminate the need to close access to properties north of the proposed improvements. Lot width variances are required for Lots 2 and 3. The LR-1B zoning district requires a minimum lot width of 140'. Both lots have approximately 120' of width at the required structure setback. Weinberger indicated the City of Orono has approved lot width variances for lots which front on a cul-de-sac that demonstrate suitable building sites and meet the minimum lot size requirement. Weinberger stated the City's Comprehensive Plan suggests properties within urban density and urban services be served by a public road. Staff recommends the new roads to this development be public,with the cul-de-sac providing an emergency turn-around. City Staff recommends approval of the proposed preliminary plat subject to the following conditions: 1. Lot width variances be approved for Lots 2 and 3. 2. Drainage and utility easements be dedicated on the final plat 10 feet along exterior property Lines and five feet along interior property lines, stormwater detention ponds located on Lots 1 and 5. 3. Drainage easements shall be dedicated for the lower ravine located on Lot 2. • PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2596 Brenshell Homes, Continued) 4. A conservation easement be placed over Outlot A to protect the ravine from any land alteration and vegetation removal. 5. Utility installation shall require directional bored lines under Wildhurst Trail and between Lots 2 and 3. 6. The subdivider shall satisfy all concerns and requirements noted in the letter dated August 15, 2000,by Tom Kellogg, City Engineer. Behnke stated following the last meeting after a request was made to table the application, a discussion was held with a number of the residents in the lobby of City Hall. The residents expressed three major issues; one,a desire for no development;two, improve the runoff; and three, less density. Behnke stated given those concerns expressed by the residents and the concerns of the City Staff and Planning Commission,they have revised their plans to meet as many of those concerns as possible. Behnke stated in discussions with the City Engineer, recommendations were made to redirect the water runoff from this site, which has been resulted in a reduction of the water flow leaving the site near the south ravine of 91.5 percent. Behnke stated in a 100 year flood,the normal flow would be seven cubic feet per minute to .6 cubic feet per minute, or a reduction of 91.5 percent. Behnke stated the ponding near the north ravine has resulted in the water runoff remaining the same as what currently exists now. • Behnke stated he is in agreement that the roads should be public to this development. Behnke stated he does not have a problem with the conservation easement for Outlot A. Behnke noted they have just received Staffs report today, and in discussing the sewer with the directional boring contractor,Behnke noted they are in agreement with Staff's recommendation, which will result in a much lesser impact on Wildhurst. Behnke indicated the residents along Wildhurst will still experience some road construction for a one or day in this area even with the directional borings. Behnke noted all proposed lots for this development do now meet the one acre dry buildable minimum,with the reduction in the number of lots resulting in a much better development overall. Kathleen O'Kasper, 1067 Linden Avenue, stated over the years she has followed Stokes' developments,noting the building permits on some of his developments have been issued to a company called Fine Line Design. O'Kasper stated she contacted the Commerce Department who indicated they do not have a license for Brenshell Homes on file, which means Brenshell Homes is not a licensed builder. O'Kasper stated the license for Fine Line Design has expired. O'Kasper commented since she was unable to find an office for Brenshell Homes, she has concerns that the City of Orono may be getting involved with a builder who cannot perform. Behnke commented in his view the issue raised by O'Kasper does not have any bearing on the plat that is before the Planning Commission tonight, noting that developers do not need to be licensed. Behnke stated the land developer on this particular development is Brenshell Homes, S and that he is the owner of Fine Line Design. Behnke stated he was contacted approximately one PAGE 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2596 Brenshell Homes, Continued) week ago by the Commerce Department that there was a problem with his license. Behnke stated the license is issued in his name and not Tom Stokes',with the office being located in the City of Burnsville. Behnke stated the issue with his license is that his check went uncashed by the Commerce Department and his license was not extended. The Commerce Department has indicated they have had a number of problems with licenses during this period of time. Behnke stated he is continuing to work with the Commerce Department to correct this problem. Sandra Hollenhorst, 1200 Wildhurst Trail, commented in her view no variances should be granted on this development. Hollenhorst stated since this is a very fragile area,the City should take extra steps to insure that what is being proposed will not damage the area. Hollenhorst expressed concerns that if the vegetation is damaged in this area, it will result in another ravine. Hollenhorst inquired what the environmental impacts are when directional boring is done. Weinberger stated the directional boring is being done to protect the slope, with a tunnel being bored underneath the ground in order to allow an extension of the sewer system. Weinberger stated if the sewer line were installed the standard way,the contractor would need to dig trenches in which to place the lines in, which would disturb the topsoil. Gary Welsh, 1214 Wildhurst Trail, stated he did speak with the developer on this application, noting he was to be the contact person for the neighborhood. Welsh indicated he has not been contacted by the developer or any of his representatives following the last public hearing, and in his view the developer has not made any effort to work with the neighbors as requested by the Planning Commission. Welsh stated in his view variances should not be granted on a • development in order to allow higher density. Hawn indicated two variances are being requested by the developer on this application, which are normal when a house is located on a cul-de-sac. O'Kasper indicated she had some additional questions regarding licensing. Hawn stated that is not an issue before the Planning Commission tonight, and suggested City Staff check into the matter. Sandra Rasmussen, 1186 Wildhurst Trail, expressed concerns regarding the current sewer capacity, and requested that the current capacity be evaluated to insure that this development will not create additional problems in this area. Rasmussen also requested the developer be required to provide sufficient security on this project to insure completion or restoration of the area. Rasmussen stated she has a concern regarding the steep grade of the road, noting she presently experiences erosion of her driveway every time it rains. Rasmussen indicated she did speak with the developer about the possibility of relocating this road. Rasmussen stated she also has a concern with the fact that variances are being requested on this development given the situation with the cul-de-sac and the steep road. Rasmussen commented the cul-de-sac should not be constructed if it is going to compound the problem. Behnke indicated the water flow will be altered so that all water runoff goes to the north,to the holding pond, and through an outlet pond. Behnke stated the City Engineer has reviewed and PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21, 2000 (#2596 Brenshell Homes, Continued) approved the grading and drainage plans on this development. Rasmussen stated she would like to see some type of assurance in the event the drainage does not work the way the developer is proposing and that the project is completed in accordance with the plans approved by the City. Weinberger indicated a letter of credit is required on this project, with the plans on this project being required to meet certain standards of the City. Weinberger indicated the project would be inspected periodically by the City Engineer to insure compliance with the final plans. Weinberger stated the developer is also required to enter into a development agreement, which mandates that certain conditions are met on the project. Berg commented that the City does not release any funds on the letter of credit until an inspection has been completed by the City Engineer to insure proper compliance with the approved plans. Hawn commented the Planning Commission needs to rely on the advice of their experts in determining whether the drainage for this area is appropriate and proper in controlling the water runoff. Stoddard requested City Staff review further any possible impact to the bluff in this area. Weinberger commented City Staff has reviewed that issue, with the determination being made that the bluff should not be negatively impacted. • criteria be considered an Behnke indicated the bluff in this area does not meet the necessary c to a to b o actual bluff. Stoddard stated he would like City Staff to review this issue again. Hawn commented the Planning Commission and City Council are required to act in accordance with the City's ordinances. Hawn indicated the proposed plan does meet the City's criteria, with the developer having the right to develop the land regardless of the desires of the adjoining property owners. Hawn stated it is the responsibility of the City Engineer and City Staff to insure that these issues are being addressed properly. Tom Stokes, Brenshell Homes, stated he is the owner of Brenshell Homes, which is a development company and not a building company. Stokes stated he has personally spoken with the Commerce Department,who has indicated they are responsible for the license not being issued. Stokes stated the property owner requested them to develop this property, which is his right, and they are attempting to resolve all the issues involved with this project in accordance with the City's ordinances. Stokes stated Charles Cudd Homes will be constructing the homes on this site, who is a very reputable builder. Stokes stated in his view this will be a very nice project once completed,with extra care being taken to meet all the concerns expressed by the residents and City Staff. Stokes requested they be treated as any other developer within the City, noting the State Bank of Long Lake will be funding this project. • PAGE 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2596 Brenshell Homes, Continued) Nygard requested Weinberger address the issue of the holding ponds and the value they play in drainage. Weinberger stated the developer will be NURP ponds,which are designed to be sedimentation ponds. Weinberger stated this type of pond is generally required in most developments,with the ponds actually treating the water prior to it leaving the pond so it is cleaner than when it entered the pond. Stoddard requested the developer to keep the neighbors informed on the progress of this development, noting the members of the Planning Commission typically don't receive their packets until Thursday or Friday of the week prior. Stoddard stated Bonestroo is a large reputable consulting firm and will help to insure that the final plans are being complied with. Stoddard commented he does have a concern with the impact to the bluff, and repeated his request of City Staff to review the impact to the bluff in this area. Stoddard commented the Planning Commission is required to look at each application on their own basis,and requested City Staff look further at the impact this development will have on the surrounding area. Lindquist commented it is the responsibility of the Planning Commission to insure that the rights of the residents and the developers are preserved. Lindquist indicated the proposed plan does meet the City's Comprehensive Plan, with the property owner having the right to develop this property. Lindquist stated he would be in favor of this proposal since it does meet the City's standards. Hawn indicated she is in agreement with Lindquist. g q Nygard commented variances are based on a hardship inherent to the land, and in his view a hardship does exist in this case. Hawn stated outside of those two variances being requested,this proposal does meet all the City's requirements. Hawn stated in her opinion she does not see a reason not to approve the preliminary plat. John Dunn, 1131 Wildhurst, commented since engineering is not an exact science, he would like to see additional steps taken to insure proper grading and drainage for this development. Dunn requested he be provided with any new information the developer may have on this development. Stokes indicated they would be happy to cooperate with the neighbors. Lindquist moved,Kluth seconded,to recommend approval of Application#2596, Brenshell Homes, 1181 Wildhurst Trail, subject to the six conditions outlined in the August 17, 2000 Planner's Report,with the added condition that the trees be retained on all slopes on the east portion of Lots 2 and 3. VOTE: Ayes 5,Nays 1,Stoddard Opposed. Stoddard stated he voted in opposition to the motion because he feels there should be further research done on the impact to the bluff in this area. Stoddard stated in his opinion the Public Works Director and City Staff should review the adjoining area to determine the impacts of this • PAGE 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 development. (Recess taken from 9:38 p.m.—9:45 p.m.) (#8) #2606 RICHARD BLOOMQUIST,3333 SHORELINE DRIVE, VARIANCES AND COMMERCIAL SITE PLAN APPROVAL,9:45 p.m.— 10:10 p.m. Richard Bloomquist, Applicant, was present. Weinberger stated the Applicant is requesting approval of a commercial site plan and variances for building additions to the existing supermarket totaling approximately 4,740 square feet. Variances are needed for hardcover in the 500-1000' setback, street and side lot line setbacks, and parking. The proposed additions would provide additional retail space, warehouse/cooler areas, parcel pick-up, and an employee break room. The use of the property would not change. Weinberger indicated the City Council did adopt a resolution in 1997, approving variances to permit additions to the building that increased the size of the structure. However,the additions have not been constructed and the one year time period has expired, requiring a new land use application. Weinberger stated the gross leasable area for the B-3 Zoning District shall not exceed 28 percent of the total land area of the lot. Weinberger indicated this lot consists of 2.85 acres, and with the proposed additions,the gross leasable area would cover 22.2 percent of the total land area of the lot. • Weinberger stated there are no proposed changes to the parking, with a variance being approved in 1988 for a 0' parking setback. The side yard adjacent to street variance was approved in 1991 for a ten foot parking setback,no change being proposed. The Applicant has requested structural setback variances for the west property line to allow a 30 foot setback, with the ordinance requiring a 60 foot setback. A second variance is also being requested to the south lot line,which is the lot line adjacent to the bank. Weinberger indicated there is a 24 foot setback from the corner of the building,with the proposed addition being located closer to the front and 40 feet from that property line. Weinberger stated the Green Space Ordinance requires 12 percent of the land to be devoted to green space. Weinberger indicated the property currently has 27.5 percent, including an area approximately 22,000 square feet to the south of the building that is restricted by an open space easement to require a 100 foot setback to residential property to the south. No change to the green space has been proposed. The Applicant is proposing additional trees and bushes along Kelly Avenue and in the green space between the Super Valu Store and the bank to the south. Weinberger indicated the City Engineer has reviewed the grading and drainage plans and has commented the overall plans appear to be acceptable with the proposed additional hardcover being placed over existing hardcover. The City Engineer has indicated he is not aware of any drainage issues on this property. Weinberger stated the building height will be a maximum of 25 feet, with the ordinance allowing a maximum height of 30 feet. • PAGE 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 III (#2606 Richard Bloomquist, Continued) Weinberger stated a parking variance is also required. Retail use requires one parking space for each 150 square feet of retail floor space,with a variance having been granted in 1991 to the parking requirement. The existing size of the retail use of the building would require 134 stalls, with the variance permitting 108 stalls. The total size of the building, including additions, would be 27,605 square feet,which is not entirely devoted to the retail operation of the building. Weinberger indicated the required parking under the ordinance would be 166 parking spaces, with the Applicant proposing 111 parking spaces. The Applicant has indicated he anticipates only one weekend per year where he would have a concern about parking. Weinberger stated a utility easement is located to the north of the building limiting the ability to expand the building out into the parking lot and an open space easement is located over the south 100 feet of the property. The open space area has been regarded to accommodate stormwater flows. Any addition to the rear of the building would negatively impact the ability for the site to handle and treat stormwater runoff. Weinberger stated this property has also lost over 8,000 square feet of parking area due to Hennepin County's 1988 reconstruction of the County Road 15 and County Road 19 intersection, with the City granting variances to accommodate a 0 foot setback for the existing parking lot. City Staff is recommending approval of the application based on the hardships listed in the Planner's Report. Bloomquist noted the City did accept a larger building in 1998 than what is currently being • proposed. Bloomquist stated he is not changing any of the green space and has attempted to continue to improve the appearance of the property over the years. Bloomquist stated he wishes to update the exterior of the building in order to enhance the city. Bloomquist stated due to the reconstruction of the intersection in that area,traffic flow in his opinion has been greatly improved. Hawn inquired whether a couple of the parking spaces adjacent to County Road 15 could be turned into green space. Bloomquist stated he understands what Hawn is asking, noting he is requesting a variance to the parking. Bloomquist expressed doubts about whether trees could be planted in that area due to the impact on sight lines for travelers on County Road 15. Bloomquist noted he has had problems in the past with sight lines in that area and is intending to construct planter boxes in a portion of the green space. John Kupfer, 2503 Kelly Avenue, commented the Applicant has continually upgrade this property over the years and feels the proposed project will only improve the area further. Hugh Bishop,Attorney-at-Law, indicated he represents David Delaney,the owner of the property to the south. Bishop requested the final hardcover figures be calculated and included in the preliminary plat, with approval being made contingent upon the conditions in the City Engineer's report. • PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • (#2606 Richard Bloomquist, Continued) Bloomquist commented he is not increasing the amount of hardcover on this property with this project, noting the addition will be constructed over the existing hardcover. Lindquist commented he does not have a problem with this application. Lindquist moved,Kluth seconded,to recommend approval of Application #2606, Richard Bloomquist,3333 Shoreline Drive, subject to the conditions outlined in the August 14,2000 Planner's Report,with the added condition that the hardcover figures be recalculated and approved by City Staff or the City Engineer to verify that the amount of hardcover will not change. Stoddard inquired whether the parking could be moved further back to allow room for one to two feet of green space next to the road. Bloomquist reiterated his concerns regarding visibility going in and out of the parking lot. Bloomquist indicated he has received in the past from people leaving the parking lot that their sight lines were impaired. Stoddard requested the Applicant give some consideration to that option. VOTE ON THE ABOVE MOTION: Ayes 6,Nays 0. • (#6) JAMES ANDERST, 3380 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND COMMERCIAL SITE PLAN REVIEW, 10:10 p.m.— 10:17 p.m. The Applicant was not present. John Kupper, Kelley Avenue, expressed concern regarding the ordinance to have live entertainment at Narrow's Saloon. Kupper indicated ever since the Applicant has started having live music,he is unable to leave his windows open at night due to the noise problems he is experiencing. Kupper stated he has spoken with the property owner, who has attempted to resolve the problem,but within hours the music is once again loud. Kupper stated in his opinion this is not the proper place to have a live band,noting he feels an increased risk to his safety and his family's safety as well as the amount of increased traffic that has resulted from this establishment. Gaffron inquired whether the resident would be willing to put his comments in writing. Kupper indicated he would. Berg moved, Kluth seconded,to table Application#2604, James Anderst,Narrows Saloon, 3380 Shoreline Drive, due to the absence of the Applicant. VOTE: Ayes 6,Nays 0. 11111 PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING AUGUST 21,2000 • PLANNING COMMISSION COMMENTS, CONTINUED (#10) OTHER ISSUES FOR DISCUSSION None (#12) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON AUGUST 28,2000 AND SEPTEMBER 11, 2000 August 28 —Kluth September 11 —Nygard ADJOURNMENT Lindquist moved,Nygard seconded,to adjourn the meeting at 10:18 p.m. There being no further business to discuss,the meeting was adjourned at 10:18 p.m. /1- A:la Eli th Hawn, Chair • • PAGE 21