HomeMy WebLinkAbout09-18-2000 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
• 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, Sandra Smith, and Daniel Kluth. 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
Representatives Richard Flint and Bob Sansevere were present.
Chair Hawn called the meeting to order at 6:30 p.m.
PUBLIC HEARINGS
(#1) #2596 BRENSHELL HOMES, 1181 WILDHURST TRAIL,SUBDIVISION,
6:31 p.m.—7:50 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Steve Behnke and Tom Stokes of Brenshell Homes were present.
Weinberger stated this application was reviewed by the City Council at their last week, who
requested to have this matter sent back to the Planning Commission due to some revisions in the
plan. This property is located at 1181 Wildhurst Trail, with a request for a five lot subdivision
of a seven acre site.
Weinberger stated the major revision to the plan were a result of some concerns and questions by
City Staff and residents regarding some sensitive environmental features within the plan located
by the ravine area on the south side along Lot 2,with the steep slopes, drainage, and erosion the
primary concerns. Staff had requested the location of the houses on Lots 2 and 3 be relocated in
order to help protect that area. The Applicant has responded to these concerns and has shifted the
common property line between Lots 2 and 3 twenty feet to the north, which allows the building
pads for both lots to be shifted slightly. The retention pond in this area has also been relocated
further west to protect the mature trees in that area.
Weinberger stated the total length of the proposed road to this development has been shortened
by 40 feet, which allows the building sites for Lots 2 and 3 to be located closer to the top of the
hill and where the land is flatter allowing for a more usable back yard. .
Weinberger stated the primary reason for relocating the building sites was the ravine located
along the south property line of Lot 2. The developer has created a drainage swale behind the
building pads on Lots 2 and 3 to redirect stormwater runoff from the houses to the storm water
pond located on Lot 1. The Applicant has also relocated the stormwater pond to the west to
protect any mature vegetation around the ravine.
Weinberger stated the revised plan also includes some regrading to help redirect storm water to
the NURP pond located on Lot 5. All drainage from Lots 2 and 3 will be redirected towards the
cul-de-sac where the drainage would enter the storm sewer and flow towards the northern NURP
pond. The main sewer service would be extended in Wildhurst to a point between Lots 2 and 3,
PAGE 1
MINUTES OF THE
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SEPTEMBER 18,2000
(#2596 Brenshell Homes, Continued)
•
with a utility easement 20 feet wide being granted between Lots 2 and 3 from Wildhurst Trail
to the cul-de-sac and standard utility easements being granted over Outlot B to allow extension
of service to Garden Lane.
Staff recommends the placement of conservation easements below the 1014 contour, which
would help to protect the ravines and wooded areas along Wildhurst Trail. The conservation
easement would be granted over the east half of Lots 2 and 3 to protect those areas from removal
of vegetation and land alteration. The additional easements would protect the two drainage
ravines.
Weinberger stated the plan before the Planning Commisson tonight does meet the requirements of
the Zoning Ordinance for lots in the LR-1B zoning District, which is single family lakeshore
residential lots with a one acre minimum lot size. Each lot has a minimum of one acre.
Weinberger noted the area for the drainage and ravines have been taken out of the calculations in
determining dry buildable.
Weinberger stated Lots 1 through 4 would access off the new cul-de-sac within Outlot B, with
a driveway to be constructed off of the proposed extended Garden Lane, which would serve
Lot 5. Variances to lot width for Lots 2 and 3 are required. In order to keep the street and the
cul-de-sac from extending too far into the property, Staff had requested that the road be built as
short as possible to lessen the impact to the area,to reduce the amount of hardcover,and to allow
the houses to be built on the flatter ground. Weinberger stated the lot width requirement could
be met by allowing the longer cul-de-sac.
• Weinberger stated extension of the walking path for people along Tonkaview and this
development is being proposed.
Staff stated approval could be recomended on this application 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 and a
conservation and flowage easement shall be dedicated over the south portion of Lot 2 to
ensure the higher elevations of the ravine are also protected.
4. A conservation easement be placed over Outlot A to protect the ravine from any land
alteration and vegetation removal and over the east side of Lots 2 and 3.
5. Utility installation shall require directional bored lines under Wildhurst Trail and between
Lots 2 and 3.
6. Subdivider shall satisfy all concerns and requirements noted in the letter dated
August 15, 2000,by Tom Kellogg, City Engineer.
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MINUTES OF THE
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SEPTEMBER 18, 2000
(#2596 Brenshell Homes, Continued)
•
Steve Behnke, Brenshell Homes, stated they have made the revisions based upon the concerns
expressed by the local residents and City Staff. Behnke indicated all the proposed lots in this
development exceed the one acre dry buildable minimum.
Behnke stated the revisions created a road 40 feet shorter, which results in less hardcover and
less runoff. Additional protections have been given for the vegetation and trees in the area by
the granting of conservation easements over those areas.
Behnke stated all lots would meet the lot width requirement if the road itself was in front of
the lots. Behnke noted lot width is measured differently for lots situated on a cul-de-sac. If
the cul-de-sac were to be extended further into the development, Behnke noted this would
result in all the lots meeting the 140 foot lot width requirement. Behnke commented in his
view a shorter road would be more desirable due to the amount of hardcover being reduced.
Behnke commented they have taken efforts to respond to the concerns raised by the
neighbors, noting they have substantially reduced the amount of water runoff to the southern
ravine and by reducing the amount of water runoff from Lots 2 and 3 and improving the water
quality.
Behnke stated they are in agreement with the directional borings being requested by Staff in
this area to allow as little impact as possible to the site, and are in agreement with all six of the
conditions listed in the Planner's Report. Behnke stated in his opinion all the conditions outlined
in the City Engineer's have been complied with or will be prior to final plat approval. Behnke
1111 stated it is his understanding the trail would be credited against their park dedication fee to be
paid on this development.
Kathleen Kasprick, 1067 Linden Lane, commented she was confused why this application was
back before the Planning Commission again.
Hawn stated generally the City Council will send an application back to the Planning
Commission when there have been revisions made in order to allow the citizens an opportunity
to comment on those revisions.
Kasprick inquired why variances need to be granted on this project. Kasprick inquired if
variances do not need to be granted on this application, why Staff is recommending variances
for this development. Kasprick stated in their view some of the issues have not been addressed
completely, noting they still have concerns regarding the wetlands and water runoff in this area.
Kasprick stated they are not opposed to development in this area,but would like to see a
development that is done in accordance with Orono's Ordinances.
Hawn indicated the variances are being recommended to help reduce the amount of hardcover
in the area, improve the drainage, and to help protect the ravine. Hawn noted only the City
Council has the authority to grant variances.
Michelle Wickman, 4735 Tonkaview,presented pictures to the Planning Commission of the
area,noting in her view this area best serves the community the way it presently is.
Sandy Rasmussen, 1186 Wildhurst Trail, stated the residents in the neighborhood have
•
PAGE 3
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
• (#2596 Brenshell Homes, Continued)
contracted the services of Barr Engineering to review this site, and she distributed the
information Barr Engineering has generated as a result of their review.
Rasmussen stated they have some confusion regarding the issue of the slopes and the
steepness of the slopes, noting that the slopes range from 12 percent to 18 percent.
Rasmussen stated only 9 percent of Lot 2 and 27 percent of Lot 3 have less than a 12 percent
grade, with a substantial portion of those lots containing slopes greater than 12 percent.
Rasmussen stated the shortening of the cul-de-sac and the positioning of these structures on
these lots, in her view are out of sync with Orono's Codes relating to land management,
which requires that all possible soil erosion impacts be addressed. Rasmussen stated in
her view the land management for this development are questionable, with only a small area
of this site being suitable for development. Rasmussen stated the only reason for the variances
is due to the shortening of the cul-de-sac.
Rasmussen stated major issues relating to development of Lots 2 and 3 exist,which need to be
further addressed. Rasmussen stated approval of the lot width variances for Lots 2 and 3 are
not consistent with prior variance approvals for lots situated on cul-de-sacs in her opinion.
Rasmussen questioned the use of cul-de-sacs to avoid slope and land management issues.
Rasmussen commented regarding the retention ponds, one of the ponds is located in an area
where over half of the area has slopes in excess of 12 percent grade, with the other pond having
30 to 40 percent of the area also being in excess of 12 percent grade as well as a substantial
• portion containing over 18 percent slopes. Rasmussion questioned the viability of those
retention ponds, and citing from the Barr Engineering report, stated that the type of outlet being
utilized will create high velocities, with no protection on overflows on Lots 2 and 5, with the
small orifices prone to plugging and will provide a potential for erosion and failure of the berms.
Rasmussen stated if the ponds are allowed to plug up,ultimately the ponds will overflow
resulting in erosion and creating a significant potential for a flood, especially in light of the
steep slopes in the area.
Mark Jacobson, Barr Engineering, stated they have a concern regarding the small orifices being
proposed for these ponds,noting they could easily become plugged, with no overflows being
included in the design. Jacobson recommended some options be included in the design of these
ponds to handle those concerns.
Rasmussen stated another concern they have is regarding the elimination of the mature trees in
this area, with the trees providing some critical stability to the slopes. Rasmussen stated they
would like to see that issue addressed as well.
Rasmussen commented the type of soils in this area should also be considered prior to approval
of this development,noting that the soils in this area have not been adequately addressed in her
opinion. Rasmussen requested drainage easements be placed over the swales, with provisions for
long-term maintenance of these areas.
Rasmussen also commented that in her view non-performance by the developer has not been
adequately addressed as well as the visibility issue from Forest Lake Road.
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ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
S (#2596 Brenshell Homes, Continued)
Tom Kellogg, City Engineer, stated the issue regarding the outlet was addressed in his
August 15 memorandum. Kellogg indicated he has not reviewed any outlet structures proposed
by the developer to the present time and is unaware of what the developer is proposing for these
ponds. Kellogg stated Item#3 in his memorandum requires that the developer construct the
ponds according to City standards, with proper skimming being provided. Kellogg indicated
skimming will keep the submerged pipe from being plugged up with leaves or sticks. Proper
sized orifices and skimming would be required on these ponds under Orono's Ordinances.
Kellogg noted an emergency overflow is also required on all ponds.
Kellogg stated he does have some confusion because the plan that is being reviewed tonight
is not the plan that he has reviewed. Kellogg stated the plan he reviewed dated 9/12 does
address some concerns regarding the steep slopes by relocation of the pond to the north.
Weinberger concurred that the pond has been relocated.
Kellogg stated there is a 4.8 foot difference between the pond high water elevation and the
basement for Lot 5.
Rasmussen commented they were unable to update their information due to not being provided
current data from the developer,noting they have only been notified of the changes today.
Tom Stokes, Brenshell Homes, stated they have revised their plan in accordance with the request
of City Staff. Stokes stated they did provide a revised plan to the City last Tuesday incorporating
the recommendations of City Staff and addressing the concerns of the residents.
Mark Gronberg, Surveyor, stated they have attempted to take into account the concerns of the
neighbors by relocating the pond,with construction of a drainage swale behind Lots 2 and 3 to
handle the water runoff. Gronberg stated normally on a preliminary plat you do not show all the
details that would be required on a final plan. Gronberg stated they are intending to incorporate
an emergency overflow in accordance with Orono's Ordinances into the design of the plans.
Hawn inquired whether the developer could subdivide this property without the need for
variances and still meet City requirements.
Gronberg stated a typical walkout slope is 18 percent. Gronberg stated there are some steep
slopes in the area but the houses would not be impacting those slopes.
Weinberger stated City Code does not prohibit building on steep slopes but only on bluff
situations,which does not exist in this case. Weinberger stated the only variances for this
development that are being requested are to lot width. Weinberger stated if the road were to
be extended,the houses could be approved without the need for a variance.
Rasmussen stated one of the issues they are raising with regard to this development has to do
with both the steepness of the slopes and the soils in the area. Rasmussen stated the question to
consider is whether this development is suitable for this area and whether the developer is able
to address the erosion that could potentially occur as a result of the construction.
•
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2596 Brenshell Homes, Continued)
Stokes reiterated that a standard walkout slope is 18 percent, with many developments existing
in Orono with that type of slope.
Dwight Affeldt, 4765 Tonkaview Lane, expressed concerns dealing with the diminished quality
of life that will be experienced with this development and the increased amount of traffic on
Tonkaview that will result from the additional residences. Affeldt stated currently 18 children
under the legal driving age reside on Tonkaview,with a significant amount of cars utilizing
Tonkaview rather than County Road 19. Affeldt expressed concerns regarding the safety of the
children in the area,noting that the road has a large hill in the middle of the roadway which
obstructs the view of the drivers.
Hawn inquired whether Tonkaview Lane was a substandard road.
Kellogg indicated that Tonkaview does not meet Orono's current standards,with no immediate
plans to upgrade the roadway by the City.
Steve Behnke stated as it relates to Lot 5,the building pad is located far enough from the lot
lines to alleviate any concerns regarding that lot that the neighbors may have. Behnke stated
a substantially oversized pond will be constructed in that area to reduce water runoff as well as
improve water quality down the ravine. Behnke commented in his view the benefits to be gained
from the construction of the retention pond outweigh any concerns that the residents may have
regarding the removal of some trees in that area.
• Behnke stated according to documents provided by the City of Orono and his wetland specialist
hired to review this area,there is no evidence to support a wetland in this area. Behnke stated
there apparently exists a drawing from 1997 that purports to show a wetland in this area, but to
his knowledge there has never been a wetland delineation on this property.
Behnke stated as part of the requirements for approval by the Watershed District,they are
required to establish an agreement with the homeowner's association which mandates long-term
maintenance of the ponds located within this development.
Hawn commented the residents appear to have a concern should the homeowner's association
not follow through with their responsibilities regarding the ponds.
Behnke stated the Watershed District does have a system in place to handle maintenance of
the retention ponds should the homeowner's association not provide the proper maintenance.
Hawn inquired whether a homeowner's association will be created as part of this subdivision.
Behnke stated there would be one. Behnke stated a considerable amount of engineering has gone
into this plan in an effort to reduce the water runoff and to address the issues relating to the
slopes, which in his view have been adequately addressed.
Lyle Rahn, 1147 Wildhurst Trail,requested that the minutes reflect that there will be a
homeowner's association created for this development which will be responsible for the long-
term maintenance on this pond.
•
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2596 Brenshell Homes, Continued)
Rasmussen commented it would be in the best interests of the community if an easement were
granted over the ponds with the City having the responsibility to maintain them.
Behnke stated they have provided their wetland delineation report to the City as well as to the
Watershed District,and it is his understanding that whichever report is accepted by the Watershed
District,that is the one they must follow. Behnke stated as it relates to the public easement, it
would reduce the buildable area of the houses given the current City ordinances. Behnke stated
it is his understanding that the Watershed District requires a homeowner's association to do the
long-term maintenance on the ponds.
Hawn inquired whether the Watershed District has an inspection process to determine whether
the ponds are being maintained adequately.
Weinberger stated he is unsure whether the Watershed District has an inspection procedure that
they follow at this time,but to his understanding they would respond to any complaints received.
Weinberger stated the City is typically notified if there is a problem with a retention pond.
Hawn noted she has been handed a 1997 report tonight prepared for LGA Investments by
Scholl &Madsen. Hawn commented she has not had an opportunity to review the report at
this time,but requested that it be made part of the City's record.
Rasmussen stated that is her only copy and she would like to retain possession of it.
• Hawn noted the Planning Commission at this time does not know whether a wetland exists on
this property or not.
Kasprick inquired when in the process the Watershed District reviews the wetland information.
Weinberger stated the Watershed District reviews some preliminary information prior to approval
by the City Council but that a final decision is usually forthcoming following preliminary plat
approval. Weinberger noted the City has not received any comments concerning this application
at the present time from the Watershed District. Weinberger noted the only response received
from the Watershed District at this time is that a watershed permit is necessary on this property.
Stoddard inquired why variances were being recommended for approval on Lots 2 and 3,noting
that a reduction in the cul-de-sac has been incorporated into the plan. Stoddard stated in his view
this application should be tabled in order to more fully address some of these unresolved issues
dealing with engineering and wetlands.
Weinberger stated the concept behind shortening the cul-de-sac involves reducing the amount of
hardcover as well as requiring less grading, especially in the areas that have been identified as
being more sensitive by the City. Weinberger stated another reason for shortening of the
cul-de-sac is that it enables the houses to be built on a flatter area. Weinberger commented that
extension of the cul-de-sac would allow each lot to have the required amount of width, but in
order to protect some of the environmental features associated with the land, it made sense to
keep the road at the shorter distance.
S
PAGE 7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2596 Brenshell Homes, Continued)
Hawn commented it was also her understanding the shortening of the cul-de-sac helped to
lessen the amount of grading that would be involved with this development.
Stokes stated these lots are double fronting lots, with frontage along both Wildhurst and
Tonkaview.
Gronberg commented that there typically just has to be frontage along a public street.
Gaffron stated the City of Orono routinely grants variances to lot width for lots situated on a
cul-de-sac in the one and two acre zones. Gaffron stated these lots do have substantial width in
which homes can be constructed that will meet the required setbacks.
Rasmussen inquired whether trees will be removed, and if so,how many. Rasmussen also
inquired whether visibility would change from the road would change with the removal of the
trees.
Weinberger stated Staff has viewed the site,but at this time are not aware how many trees would
need to be removed. Weinberger noted a conservation easement will be placed over the most
sensitive areas in order to protect the natural environment,with plantings being required in areas
where erosion is likely to occur. Weinberger stated there will be tree planting once the grading is
completed along the roadway,with vegetation being restored on the building sites.
Kluth commented in his view the developer could proceed forward without a lot width variance
• but that the developer is working with the City in an effort to reduce the environment impact on
this area. Kluth stated he is in support of the project.
Lindquist stated he also is in support of the project.
Hawn commented in her view the developer has worked quite hard with the City in order to
minimize the environmental impact to this area as well as to comply with the City's regulations.
Hawn noted the developers have addressed all of the concerns raised by the City Engineer, and
in her view will be able to meet any concerns the Watershed District may have.
Smith stated in her view she would like to see Lots 2 and 3 combined, noting that is a decision
that would be up to the developer. Smith commented she feels the developer is addressing the
concerns. Smith stated in her view she is unsure whether tabling this application would allow
improvement over this plan.
Stoddard stated the developer has submitted a better plan tonight for their consideration, noting
that they have received some new information that he would like to review in more detail.
Stoddard commented the Saga Hill area is a very unique area and needs to be dealt with
carefully. Stoddard stated he would be in favor combining Lots 2 and 3 and would move to
table this application in order to review the information more closely.
Nygard inquired what the worse case scenario would be if houses were built on Lots 2 and 3
without the variances and whether a driveway off of Wildhurst would be feasible.
•
PAGE 8
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2596 Brenshell Homes, Continued)
Weinberger stated Staff would prefer not to see driveway access off of Wildhurst due to the
amount of grading that would need to occur as well as the amount of vegetation that would need
to be removed. Weinberger stated driveway access off of Wildhurst would make the situation
worse and would not allow stormwater to be managed or treated.
Gaffron stated if the developer were able to build a driveway across the slope that would meet
slope requirements,they could build one house with a long, steep driveway, which would not
require a subdivision. If that should occur and this was not a subdivision,the City would not
have the opportunity to require the developer to construct
stormwater ponds, which are needed in this area. Gaffron stated this level of development allows
the City to require certain controls that they otherwise would not have if only one or two houses
were to be constructed on this property.
Stokes stated they have looked at gaining access via Wildhurst,but in their view the plan being
reviewed tonight is the best possible plan for this site. Stokes requested the Planning
Commission approve their application tonight.
Kasprick commented in her view this is not the best plan and that the developer has not
adequately addressed the water runoff.
Hawn stated the Planning Commission is here to review the plan that is before them tonight,
with the developer having the right to appear before the Planning Commission with a plan to
determine whether that plan meets City requirements. Hawn noted the City Engineer is
• comfortable with the steps being taken to address the water runoff and the drainage and erosion
concerns being raised by the residents and the City. Hawn stated if the variances are granted on
this subdivision, it would be to help reduce the drainage and not for any other reason. Hawn
commented if the developer were to develop this land without the variances,the situation would
be worse due to the additional hardcover and drainage issues that would result from a longer road.
Hawn thanked the members of the audience for their input into this application, noting that the
comments and concerns expressed by the residents has resulted in a much better plan for this area
Stoddard moved, Nygard seconded,to table Application#2596, Brenshell Homes,
1181 Wildhurst Trail to enable the Planning Commission to review the information
provided during tonight's meeting,with the developer addressing the particular concerns
raised tonight. VOTE: Ayes 3,Nays 4,Hawn,Lindquist, Berg and Kluth opposed.
Lindquist moved,Kluth seconded,to recommend approval of Application#2596,
Brenshell Homes, 1181 Wildhurst Trail, subject to the six conditions contained in the
September 14,2000 Planner's Report. VOTE: Ayes 4,Nays 3, Nygard, Stoddard and
Smith opposed.
Smith noted she is not opposed to the development but feel there would be a benefit to reviewing
the additional information supplied tonight.
Stoddard reiterated he would like to review the additional information prior to recommending
• approval.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2596 Brenshell Homes, Continued)
Hawn requested the wetland delineation report be included in whatever information is provided
to the City Council for their review.
SCHEDULED PUBLIC HEARINGS
(#5) #2615 GEORGE STICKNEY ON BEHALF OF GEORGE AND GLORIA JOHNSON,
879 BROWN ROAD NORTH,LOT LINE REARRANGEMENT, 7:50 p.m.—8:08 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
George Stickney, Developer,and George Johnson,Applicant, were present.
Weinberger stated the Applicants are requesting a rearrangement of a common property line
for properties located at 879 Brown Road North. The properties have been under common
ownership for many years. Lot 1 would remain a residential parcel less than the required
minimum lot size for properties in the RR-1B district,with the lot line rearrangement resulting
in an increase of Lot 1 by about 4,300 square feet to make it 1.1 acres.
Weinberger stated the City Council did approve in 1997 sewer connection to Lot 2. Lot 2
would be decreased from 4.45 acres to 4.35 acres,with Lot 2 being the larger, undeveloped
lot located to the rear of the property. Weinberger noted a good portion of Lot 2 is located
below the high water level of Dickey Lake.
• Weinberger indicated the proposed revision narrows the frontage for Lot 2 along Brown Road
g g
from 50 feet to 30 feet,with a 30 foot platted outlot being required for front/back lot
subdivisions when providing for driveway purposes only. Weinberger noted Lot 2's status as
a flag lot would not change.
Weinberger stated a creek draining Dickey Lake exists along the north property line, with the
creek being defined as a protected waterway and requires a 75 foot setback for structure and
hardcover. The property also requires a 50 foot rear yard setback in this zoning district. By
rearranging the lot line,this makes more of Lot 2 developable in the future as well as allowing
a 30 foot corridor. Both parcels are subject to hardcover restrictions, with an adequate building
site being available for Lot 2. Weinberger noted Dickey Lake has been classified as a Natural
Environment Lake and requires a 150 foot setback for structure and hardcover.
Weinberger stated benefits from the lot line rearrangement result in Lot 1 being able to meet
the 200 foot minimum frontage along Brown Road,which it currently does not, and also
maintain the two acre density on the rear property.
City Staff is recommending approval of the lot line rearrangement as proposed subject to the
following conditions:
1. Applicant shall dedicate drainage and utility easement ten feet along exterior property
lines and five feet along interior property lines.
PAGE 10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
. (#2615 George Johnson, Continued)
2. Applicant shall provide to the City any documentation relating to easements on both
properties.
3. Prior to City Council review three original copies of the survey completed by a licensed
surveyor in the State of Minnesota shall be submitted, with signature blocks.
4. Drainage easement shall be recorded for the property below the 985.5 feet OHWL of
Dickey Lake and over City protected wetlands.
5. Prior to Council review a title opinion addressed to the City shall be submitted by the
property owners.
6. Accessory buildings shall be relocated to conform with Zoning Standards.
Stickney stated the lot line rearrangement allows for the small lot to be made slightly bigger and
to be oriented in the right direction. Stickney noted the creek provides a natural buffer between
the two lots,with the lot line rearrangement enabling the properties to achieve the proper
setbacks.
Connie Gray, 819 Brown Road North, inquired whether any of Orono's Ordinances would
require a shared driveway to these two lots.
Weinberger stated City ordinances do not prohibit a shared driveway but it is a decision the
1111 property owner would make. Weinberger stated any driveway would need to be located five
feet off the property line.
Stickney indicated they do not have any plans at this time to develop Lot 2. Stickney stated
there are a number of trees along the property line which would shield the driveway.
Hawn commented she does not have a problem with this application.
Lindquist moved,Berg seconded,to recommend approval of Application#2615,
George and Gloria Johnson, 879 Brown Road North,Lot Line Rearrangement, subject
to the conditions outlined in the September 13,2000 Planner's Report.
VOTE: Ayes 7,Nays 0.
(#6) #2616 MINNETONKA CENTER FOR THE ARTS, 2240 NORTH SHORE DRIVE,
CONDITIONAL USE PERMIT,8:09 p.m.—9:20 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Jim Dayton,Tom Oslund, Gary Gleason, Roxanne Heaton, and Julie Holmquist were present on
behalf of the Minnetonka Center for the Arts.
Weinberger stated the Applicant is proposing to construct a new facility on their property
located at 2240 North Shore Drive. The property has been used as an Arts Center since 1978.
•
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2626 Minnetonka Center for the Arts, Continued)
The Applicant has indicated they need a new building due to increases in enrollment and
attendance over the years. The existing building has structural problems with the foundation
and the roof,with the mechanical systems being out of date. Hazards such as asbestos and
lead paint are also present in the existing building.
Weinberger stated the new facility consisting of approximately 30,000 square feet is proposed to
be constructed north of the existing building. Upon completion of the new Arts Center,the old
building would be removed.
Issues for the Planning Commission to consider include building height, parking, construction
schedule, curb cuts, driveways,parking areas,grading/drainage, off-street loading areas,
lighting and landscaping,and the impact to the adjacent properties.
Weinberger stated the Applicant is proposing to construct a cooling tower at 44.5 feet in height,
which requires a conditional use permit. Section 10.75, Subdivision 1(A)allows cooling
towers to exceed the 30 feet maximum height limitation by 50 percent with a conditional use
permit. Weinberger noted the majority of the building meets the 30 foot height limitation.
Weinberger commented the Applicant will need to increase parking by two additional spaces
to allow for a total of 74 parking stalls.
The new facility is proposed to be constructed north of the existing building beginning in
2001, with the old building being removed following construction. The construction entrance
is tentatively proposed to come from the east side at an entrance to access Briar Street. Staff
• has concerns with the construction traffic using a smaller residential street and recommends that
all construction traffic be redirected to the south entrance to access North Shore Drive.
Weinberger indicated the existing entrance is a horseshoe with two access points on North
Shore Drive. The access points would be removed and each shifted outward towards the
property lines,with the parking areas and driveways meeting the minimum setbacks to the
property lines. The Arts Center is proposing a crushed rock aggregate material rather than
blacktop for the parking lots. Staff recommends bituminous surfacing for this area.
The Applicant is proposing to construct a stormwater management pond located over the
northwest corner of the property. Final design and rate calculations will need to be submitted
for review by the City. The City's intent would be that runoff from virtually all hard surfaces
on the site be directed to the stormwater pond.
Weinberger noted only one loading berth is being proposed,with the Zoning Code indicating
this size school building should have two loading berths. Weinberger stated the Applicant may
determine that a second loading berth is unnecessary.
The service entrance would be on the west side of the building, which would also be utilized for
truck delivery and trash receptable storage. The plan will need to indicate how the dumpsters
would be screened and protected to not allow trash to leave the service area.
Weinberger noted a lighting plan will need to be submitted by the Applicant for review by City
Staff. The Applicant is proposing to plant trees along the east property lines along Briar
•
PAGE 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
• (#2626 Minnetonka Center for the Arts, Continued)
Street and to screen the property from the residential properties located to the east. Additional
trees are to be planted to screen from the residential properties to the north and west.
Weinberger stated Hill School is located on the adjacent property, with Hill School currently
utilizing the tennis court and an outdoor area. The property is immediately adjacent to the
proposed east parking area. The use of the lot for parking is a possible safety issue for the
neighboring school,with one option being to require fencing along the property line between
the school and Arts Center to define the property boundary and to screen the parking area.
Temporary fencing should be provided along the property lines to Hill School to separate the
construction area from the Hill School property. Weinberger stated construction traffic should
be limited to access to the southwest entrance.
Weinberger recommended if this application is approved, it be subject to the seven conditions
outlined in the September 15,2000 Planner's Report.
Julie Hallquist gave a brief background on the history of the Minnetonka Center for the
Arts,with the new facility intended to be a distinguished building that will meet the present and
future needs of the Arts Center. Hallquist commented they have gotten good community
support for this project and are anxious to commence work on the new facility.
Jim Dayton, Architect, stated he has worked with City Staff in order to insure compliance with
the City's Codes. Dayton noted they are planning to house a considerable amount of mechanical
equipment in the cooling tower, which necessitates the 44.5 foot height as well as providing a
• focal point for the building. Dayton indicated the signage depicted in the plan does exceed the
allowable,with the Arts Center being agreeable to reduce the amount of signage if required.
Gary Gleason, Mortenson Construction, indicated he would be fine with the construction access
being located off of North Shore Drive.
Dayton stated the Arts Center is working with Tom Oslund&Associates on designing the
landscaping for this project,with work being undertaken to complete the drawings regarding
the stormwater management pond and grading and drainage for this site.
Hawn inquired whether they would be able to have the plans completed prior to review by the
City Council.
Dayton commented he is unable to give a definite time for when the plans will be completed.
Weinberger noted the next City Council meeting is scheduled for October 9`h.
Dayton stated the looped driveway provides access for the school bus,which encompasses a
significant amount of traffic to and from the facility. Dayton stated the Arts Center is continuing
to address the issues outlined in the Planner's Report, with a second loading berth being
unnecessary at this time. Dayton indicated the Arts Center is in the process of completing the
lighting and other plans for this facility at this time.
Hawn recommended the Applicant have the plans for this project completed prior to appearing
•
PAGE 13
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2626 Minnetonka Center for the Arts, Continued)
before the City Council.
Dayton stated the Arts Center is considering a crushed rock surface for the parking lot in an effort
to help reduce the amount of hardcover on the site. Dayton noted they currently have a gravel
surface on the existing parking lot.
Stoddard noted the proposed facility is 30,000 square feet, with the parking area consisting of
21,000 square feet. Stoddard inquired whether those numbers are accurate.
Dayton stated to his knowledge those numbers reflect usable square feet and are accurate.
Stoddard commented it was his understanding the lower the cooling tower,the better, and
requested the Applicant explain the need for the higher cooling tower.
Dayton stated the higher cooling tower was designed primarily with economics in mind and is
designed to contain all the mechanical equipment needed for the building. Dayton stated the
cooling tower has been designed to be efficient as possible, as well as provide access to the
upper level.
Stoddard stated he would like to see the height of the cooling tower reduced somewhat as well as
compliance with the signage ordinance.
Dayton indicated the Arts Center would be willing to remove the signage from the cooling tower
or reduce the size of the letters.
Lindquist inquired what the anticipated noise level will be from the cooling tower.
Dayton stated the air handlers will be contained within the spaces,with a heat pump system also
being contained in the cooling tower.
Hawn commented she would like to see the height of the cooling tower reduced somewhat as
well.
Lindquist inquired whether the lighting and signage plans will be completed prior to the City
Council meeting.
Dayton stated they would be.
Lindquist stated he would like to see the signage ordinance complied with.
Valene Theis, Hill School, stated she would like adequate steps taken to insure the safety of the
children during construction of this facility. Theis requested fencing be installed around the
construction area while work is ongoing and that notice be given to the school when the
asbestos will be removed. Theis stated she was fine with the parking lot in the proposed
location.
Nancy Roehr,4355 French Creek Drive, stated she is in support of the project but would like to
•
PAGE 14
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2626 Minnetonka Center for the Arts, Continued)
see sufficient screening along the property line. Wehr stated she will be able to see a significant
portion of the building, and requested that bigger trees be planted to help screen the facility.
Hawn inquired whether the landscaping and lighting plans could be made available for review
by the neighbors. Hawn suggested a meeting with the adjoining property owners be held in order
to discuss their concerns.
Oslund stated they will have fencing erected during the construction phase. Oslund stated they
are aware of the children in the area and will be taking appropriate safety measures to protect
them.
A resident on French Creek requested that the neighbors also be notified when the asbestos is
to be removed.
Oslund stated normally when asbestos is removed,the building is sealed off and should not have
any impact on the neighboring properties.
Dayton stated due to the fact the money for this project is being donated,they are not able to
guarantee the number of trees to be planted.
Stoddard stated a landscaping plan has been submitted, with the City requiring that the
Applicant follow the approved plan. Stoddard noted strict restrictions are in place regarding the
• removal of asbestos, and requested that this facility be classified as a school.
Steve Kennedy, Creek Drive, stated he is in support of the project, but would like to see
Y� pp p J
traffic exit further to the east away from French Creek Drive.
Gaffron stated because the existing building will still be there during construction, all traffic
will be diverted to the left side of the building.
Hawn inquired whether the road could be moved slightly to the east.
Dayton stated they have discussed this issue with the residents of French Creek, but feel this
location is the best to serve the needs of the construction vehicles due to its straighter
alignment.
Hawn moved, Smith seconded,to recommend approval of Application#2616,Minnetonka
Center for the Arts, 2240 North Shore Drive, subject to the submittal by the Applicant of
detailed landscaping plan, drainage/grading plan,lighting plan, and provisions for
screening of dumpsters and fencing during construction, and further subject to the
other conditions outlined in the September 15,2000 Planner's Report,with the
understanding the signage will be reduced in order to comply with Orono's signage
Ordinance. The Applicant is also advised that bituminous blacktop is being recommended
for the parking area and that advance notice must be given to the adjacent property owners
regarding asbestos removal,with the facility being classified as a school regarding the
removal of the asbestos. VOTE: Ayes 6, Nays 1, Nygard Opposed.
•
PAGE 15
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
• Nygard indicated he voted in opposition to the motion due to the number of unresolved issues
that still need to be addressed on this application.
(Recess taken from 9:20 p.m.—9:25 p.m.)
PUBLIC HEARINGS,CONTINUED
(#2) #2604 NARROWS SALOON—JAMES ANDERST,3380 SHORELINE DRIVE,
CONDITIONAL USE PERMIT,9:25 p.m.— 10:07 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
James Anderst, Applicant,and Peter Johnson,Attorney-at-Law,were present.
Weinberger stated this application was tabled at the last Planning Commission meeting due to
the absence of the Applicant. The Applicant is requesting site plan review and conditional use
permit for live entertainment.
The City of Orono had issued a building permit to allow additional remodeling of the Narrows
Saloon,which includes expansion of the bar into the former Minnetonka Photo space, now
vacated. The property is located in the B-1 Retail Sales Business District in which a
Class II Restaurant is defined as a restaurant which serves intoxicating liquor or has live
entertainment. Expansion of the building requires the owner to obtain a conditional use permit
since Class II Restaurants are allowed by conditional use permit. The City Council did vote to
allow the remodeling to continue even though a conditional use permit should have been
required before to expansion of the building.
Weinberger indicated City files indicate no conditional use permit has ever been issued for a
restaurant on this property,with the use requiring a conditional use permit since at least 1967.
The B-1 Zoning District also requires that a commercial site plan review be completed prior to
a building permit being issued.
Weinberger stated the tavern use would be expanded into the former Photo Shop, increasing
the floor area by approximately 1,000 square feet. The restrooms are being expanded to provide
handicap accessibility. The site plan also indicates a stage that would be located in the southeast
side of the building for live bands,with all use of the building being confined to inside the
structure. The outdoor seating arrangement depicted on the plans is not proposed to be built
for some time.
Weinberger stated most of the parking for the Narrow's Saloon would use the Municipal lot
located behind the building, with the area around the parking lot being zoned commercial.
The City Code requirement for retail and service is one space for 150 square feet of floor area,
with the total number of parking spaces that would be required being 154. The parking area
contains approximately 90 spaces. The Public Services Director has recently reviewed the
parking in the Navarre lot and has indicated the parking lot appears to be functioning adequately.
Weinberger noted it is not possible to create new parking areas on the property,with some
limited parking being available along Shoreline Drive. Weinberger stated the busiest hours
•
PAGE 16
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2604 Narrows Saloon, Continued)
for The Narrow's Saloon would be evenings and weekends when there would be little demand
for parking spaces in the lot. The new Snyder's Store located across Shadywood could also
provide some additional overflow parking if needed.
Weinberger stated the Applicant is not proposing any changes to the lighting on the exterior of
the building,with the Applicant in the process of designing a sign plan.
Weinberger stated the City of Orono has adopted a noise ordinance, with the primary concern
regarding live entertainment is the noise generated by the band. Weinberger indicated this
property is not adjacent to residential property, and recommended that all loading and
unloading of band equipment occur at the rear entrance of the building to avoid blocking of any
traffic areas. Staff is recommending that the interior design of the building take into
consideration the noise that is generated by the live music from within the building. Weinberger
noted the hours of operation for the live entertainment have not been provided, with the normal
hours for the tavern use until 1:00 a.m.
City Staff is recommending approval of the conditional use permit and site plan approval for
The Narrow's Saloon based on the following conditions:
1. All improvements are subject to fire code standards.
2. Use of the building shall be limited to the hours as established by the Planning Commission
and Council.
• 3. Noise shall be held to a level as to not be in violation of the Noise Ordinance.
4. A two-door system shall be used to not allow excessive noise when customers are entering
or exiting the building.
5. The sale of intoxicating liquor requires the business have a valid liquor license with the
City of Orono.
6. Any other conditions the Planning Commission requires of the live entertainment use of
the property.
Peter Johnson,Attorney-at-Law, indicated that the Applicant's lunch business is not very well
developed and should not create any parking problems in the area. Johnson stated they are
planning a double door on the rear door and will comply with the noise ordinance.
There were no public comments concerning this application.
Hawn noted one resident did express some concerns regarding the noise from the tavern at
the last meeting and some safety issues relating to the traffic. Hawn encouraged the Applicant
to work with City Staff as much as possible in order to reduce the amount of noise generated.
Kluth read the minutes of the August 21 Planning Commission meeting regarding the comments
expressed by the resident.
•
PAGE 17
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2604 Narrows Saloon, Continued)
Anderst stated he has spoken with the neighbor.
Lindquist inquired what the guidelines were for the noise and hours of operation.
Weinberger stated the conditional use permit requires that all other sections of the City's Code
be followed as well as any other conditions that may be imposed by the City.
Hawn inquired why Staff is not recommending additional parking for this business.
Weinberger indicated no on-site parking is available for this business,with no significant
increase being anticipated in the parking needs for the business with the expansion.
Hawn expressed concern that the Planning Commission may be setting a precedent regarding the
amount of parking for this business.
Weinberger stated the area surrounding the Narrow's Saloon is zoned commercial,with the use
of the building not changing. Weinberger stated the businesses in this area have always relied
on use of the municipal lot located in the rear,with the lots not having any on-site parking
available. Weinberger stated the other businesses were taken into consideration when
considering the amount of parking that would be needed.
Kluth inquired whether the amount of parking could be based upon the number of customers
to the business.
• Anderst stated he is entitled to have one customer eve 15 square feet of space. Anderst
p every uare q p
stated his estimate of the total number of customers that would be able to fit within the building
would be 150 occupants.
Kluth commented normally people who frequent this type of business ride more than one to a
car.
Anderst stated the amount of retail space has not changed.
Johnson stated the issue of parking is offset by the fact that the other businesses are closed during
his peak hours of operation.
Weinberger indicated there are 90 parking spaces available in the municipal lot,which does not
take into account parking available on the street.
Johnson stated there is a large parking area available in comparison to the size of the
establishment, and in his view the parking should not present a problem.
Stoddard suggested a stipulation be placed on the number of customers who can be inside the
facility in order to limit the amount of traffic in the area.
Anderst stated his business is relatively small compared to some of the other businesses in the
area.
•
PAGE 18
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2604 Narrows Saloon, Continued)
Lindquist pointed out the work on the building has already been completed and that the
Applicant needs to operate his business within the law. Lindquist stated he is unsure where the
additional parking would come from if the Applicant were required to provide additional parking.
Kluth inquired how the work could have been commenced prior to the conditional use permit
being issued.
Anderst stated he applied for a liquor license, and contained within the liquor license was the
additional square footage.
Johnson stated the liquor license contained language notifying the City that he would be
leasing 2,000 square feet, with an option to expand to 3,000 square feet, as well as a footprint
for the liquor store. The Applicant also disclosed that the purchase of the building was
contingent upon approval of that option. At the time the building permit was issued,the
conditional use permit was not raised.
Anderst stated he was not notified he needed a conditional use permit until the time the
footings were inspected. Anderst stated the building inspector missed the fact that footings were
being poured at the time the building permit was issued.
Kluth inquired when the construction was completed.
Johnson stated the Applicant appeared before the City Council in July regarding this matter,
1111 with the City Council permitting continuation of the construction at that time.
Stoddard moved to recommend approval of Application#2604,Narrows Saloon,
3380 Shoreline Drive,subject to no further expansion to the business. MOTION DIED
DUE TO LACK OF SECOND.
Smith stated it would be her understanding the Applicant would need to come back before the
Planning Commission and City Council if he wished to expand his business further, and at that
point the City would act on his application.
Gaffron stated the Planning Commission has wide latitude in the placing of restrictions on this
business to protect the character of the neighborhood and business climate which abuts a
residential neighborhood.
Hawn inquired whether the size of the business could be limited.
Gaffron stated the Planning Commission could restrict the size of the business as part of the
conditional use permit,but that a future City Council or Planning Commission may elect to
change that.
Johnson stated in his opinion the Planning Commission is making its record right now by noting
its concerns relating to expansion of the business. Johnson stated the Applicant will need to
appear before the Planning Commission if he chooses to expand the business.
•
PAGE 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
(#2604 Narrows Saloon, Continued)
Anderst stated he has spent a considerable amount of money to improve his business,which in
turn has improved the character of the neighborhood. Anderst commented that some of the
other businesses in the area have not taken steps to improve their business.
Kluth stated the Planning Commission appreciates the improvements the Applicant has made
to the building,but that issues relating to traffic and noise need to be addressed in order to
insure that he will continue to be a good neighbor.
Hawn stated she would like to see double doors on the front of the building as well.
Anderst stated the front door does have signs requesting the door be kept closed at all times,
which has worked fairly well. Anderst stated it would be difficult to install a double-door
system on the front of the building.
Smith inquired what the Applicant's hours of business were.
Anderst stated the bar is open until 1:00 a.m.
Hawn inquired when the band would quit.
Anderst stated the band quits at 12:45 a.m., with all patrons being out of the building by 1:20.
410 Stoddard inquired whether the outdoor seating depicted on the drawing is included in the
3,000 square feet.
Anderst stated it is not.
Hawn noted that issue is not before the Planning Commission tonight. Hawn reiterated she
would like to see double doors on both entrances.
Stoddard moved, Smith seconded, recommending approval of Application#2604,Narrows
Saloon,3380 Shoreline Drive, subject to the conditions contained in the September 14,
2000 Planner's Report,with the added condition that the live entertainment will end at
12:00 midnight,with the doors of the establishment being closed at 1:00 a.m., and no
further expansion of the business without review and approval of the Planning Commission.
Kluth inquired when the Applicant has the live entertainment.
Anderst stated he has live entertainment on Wednesday, Thursday, Friday, and Saturday.
VOTE: Ayes 6,Nays 1,Lindquist Opposed.
Lindquist indicated in his view the Planning Commission may be putting undue restrictions on
his liquor license and that further clarification should be obtained regarding the ordinances that
control this business.
Hawn stated she would like to withdraw her vote in support of this motion and would like to
PAGE 20
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
see additional information regarding the operation of this business.
•
(#3) #2608 PHILIP AND KAREN SKOOG,280 TONKA AVENUE—VARIANCES,
10:07 p.m.— 10:11 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Philip Skoog, Applicant,was present.
Bottenberg stated the Applicant is requesting variances to construct an addition to the rear of
the residence and a two stall attached garage with living space above it. The addition to the
rear is a 13.6 by 18 foot dining area. The dining area will be constructed where the deck is
currently located. The two stall garage is proposed to be 22 by 24 feet. It will be on the south
side next to the existing one stall tuck-under garage.
Bottenberg indicated a variance to the front yard setback is required to permit a 43 foot setback
to the property line to construct an attached garage 43 feet from the front lot line where 50 feet
is required. A variance to the rear yard setback is also needed to permit a 39 foot setback to
the property where 50 feet is required.
The dining area and garage additions will result in an increase of structural coverage on the
lot to 9.9 percent where 6.6 percent exists and 15 percent is allowed. Hardcover in the 500-1000'
setback area would increase to 13.3 percent where 11.39 percent exists and 35 percent is
allowed.
• City Staff is recommending approval of this application.
Skoog stated the house is similar to the other houses in the neighborhood, with a one stall
tuck-under garage currently.
Smith indicated she does not have a problem with this application.
There were no public comments regarding this application.
Hawn stated she also does not have any problems with this application.
Lindquist moved,Kluth seconded,to recommend approval of Application#2608, Philip
and Karen Skoog,280 Tonka Avenue, granting of a front yard setback and rear yard
setback variances for a garage and dining area additions. VOTE: Ayes 7, Nays 0.
(#4) #2609 ALAN AND MAXINE OPHEIM, 1985 FAGERNESS POINT ROAD,
VARIANCES, 10:12 p.m.— 10:15 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Alan Opheim,Applicant,was present.
Bottenberg stated the Applicant is requesting variances to change an existing concrete patio
•
PAGE 21
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2609 Alan Opheim, Continued)
into a three season porch,with the porch to be constructed on the existing concrete slab which
is located 6.9 feet from the side lot line where ten feet is required. The existing concrete slab
and proposed three season porch is located approximately 80 feet from the OHWL and
encroaches into the average lakeshore setback by 73 feet. The porch will not alter the views of
the adjacent properties.
A variance to the average lakeshore setback is required to permit the structure to encroach
73 feet into the average lakeshore setback. A side yard setback is also required to permit a
6.9 foot setback to the property line where ten feet is required.
Bottenberg noted the structural coverage on the lot will increase to 13 percent but is still below
the allowable 15 percent. The three season porch will not result in an increase in hardcover
coverage in the 75-250 zone.
City Staff recommends approval of the application.
There were no public comments regarding this application.
Smith moved,Kluth seconded,to recommend approval of Application#2609,Alan and
Maxine Opheim, 1985 Fagerness Point Road, granting of variances to the average lakeshore
Setback and side yard setback. VOTE: Ayes 7,Nays 0.
• CONTINUED PUBLIC HEARINGS
(#7) #2610 JEROME J.HALL,80 LEAF STREET,VARIANCES, 10:16 p.m.— 10:30 p.m.
Jerome Hall,Applicant,and Mark Gronberg, Surveyor, were present.
Weinberger stated the Applicants are requesting approval of an after-the-fact variance to permit
replacement of a deck within the 75 foot setback to a protected tributary. The Applicant has
indicated the pre-existing deck was not safe and needed replacement. At the time the Applicant
applied for a building permit, it was discovered that it was within 75 feet of a protected
tributary. A variance is required to allow hardcover within 75 feet of the ordinary high water
level of a tributary.
The deck would continue to provide a landing for a sliding glass door located at the rear of
the house,with the Applicant requesting an additional six feet at the south end. The additional
six feet would not be required for access to the door.
City Staff recommends approval of the variance to permit replacement of a deck and adding
six feet to the size of the deck based on the following findings:
1. A deck has existed for many years in the location of the new deck. The additional six
feet of deck would be located 70 feet from the lakeshore and partially outside of the
75 feet setback.
•
PAGE 22
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2610 Jerome Hall, Continued)
2. The house and deck were constructed prior to the adoption of the zoning ordinance.
3. The deck would not encroach closer to the creek than the pre-existing deck.
4. The deck is located on an area of the property that is generally flat and does not slope
directly to the creek. This condition allows for surface water to infiltrate into the ground
better than property with varying topography.
Gronberg indicated the creek is not pristine pond but rather acts as a holding pond prior to
reaching the dam. Gronberg stated the creek does meander from time to time and it is difficult
to determine the exact pathway of the creek.
Hall indicated he was not at home at the time the deck was removed and replaced. Hall stated
his builder apparently applied for the building permit afterwards.
Smith inquired whether the homeowner expected the contractor to follow the proper procedures
for construction of the deck.
Hall stated he did.
Smith inquired whether an after-the-fact fee would apply in this case.
• Weinberger stated an after-the-fact fee to his knowledge has not been applied to this application.
Weinberger stated he was not aware this was an after-the-fact permit until after he had viewed
the site.
Hawn stated had the Applicant come in prior to construction,he would have been told that he
could replace the existing deck but could not add any additional feet within the 75 foot setback.
Hawn stated if the additional deck is allowed, it could set a precedent.
Smith stated she would like to see an after-the-fact fee applied in this case.
Lindquist commented there is no hardship in this case to allow the additional six feet.
Smith stated in other similar situations the Applicants have been requested to reduce the size of
the deck.
Hawn inquired why the Applicant expanded the deck.
Hall stated he expanded the deck to make it nicer.
Smith inquired whether some other hardcover could be removed elsewhere in this area.
Hall stated there is not.
Hawn reiterated that the Planning Commission would not have allowed the additional six feet
•
PAGE 23
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2610 Jerome Hall, Continued)
in the first place.
Lindquist moved,Hawn seconded,to recommend approval of Application#2610,
Jerome J. Hall,80 Leaf Street,with the understanding the Applicant can only replace the
existing deck in the amount of 174 square feet.
Hawn noted 60 square feet of the deck would need to be removed.
Smith inquired whether the deck has been completed.
Hall stated the deck is only 50 percent completed.
VOTE ON THE ABOVE MOTION: Ayes 7, Nays 0.
(#8) #2611 MARLYS MCCARTY,225 TONKA AVENUE,EASEMENT VACATION,
10:31 p.m.— 10:37 p.m.
Marlys McCarty,Applicant, was present.
Weinberger stated the Applicant has requested a vacation of a drinage and utility easement
located through the center of the property. A 20 by 100 foot portion of Brook Street on which
the detached garage is currently located was vacated by the City of Orono in 1984 per
• Resolution No. 1619.
The property owner has recently acquired the property north of the vacated Brook Street. The
property owner has stated the current location of the easement is an obstacle and deterrent in
plans to improve the property. The Applicant would like to construct an attached garage to the
existing house. A condition of the vacation was that the property owner grant to the City a
utilities and access easement over the northerly 15 feet of the vacated Brook Street.
Weinberger stated in exchange for the 15 foot easement,the property owner would provide an
access and utility easement over the south 15 feet of the property. The new easement would
make it possible to provide sewer service and access if the lot to the west ever required the
access. There is a sewer stub made available about 100 feet north of Tonka Avenue to provide
service to the property north and west of the Applicant's lot.
Weinberger stated to vacate an easement a finding must be made that no public purpose exists
for the easement. The relocation of the utility and access easement would still allow the
property to the west to gain access and sewer connection. Providing access to the north lot
would no longer be required since it has been acquired and combined with the Applicant's lot.
The City of Orono has not received written confirmation back from all the utility companies at
this time. Weinberger stated the Planning Commission could make a recommendation of
approval with the condition that all utility companies have agreed to the vacation and
relocation of the easement.
•
PAGE 24
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2611 Mary ls McCarty, Continued)
City Staff is recommending approval of the easement vacation and relocation to the south
15 feet of the property subject to the condition that the City of Orono receives confirmation
from all utility companies agreeing to the easement relocation.
There were no public comments regarding this application.
The Applicant had no comment regarding his application.
Stoddard stated he does not have a problem with the application.
Kluth inquired whether it is likely that all the utility companies will agree with the easement
relocation.
Weinberger stated he does not feel there will be a problem. Weinberger stated this application
will not proceed forward to the City Council until confirmation is received from all the utility
companies.
Lindquist moved, Berg seconded,to recommend approval of Application#2611,
Marlys McCarty, 225 Tonka Avenue,vacation of easement and relocation to the south
15 feet of the property subject to the condition the City of Orono receives confirmation
that all utility companies have agreed to the easement relocation and the new easement
is granted in favor of the City of Orono prior to recording the easement vacation.
• VOTE: Ayes 7,Nays 0.
(#9) #2612 DONALD MACMILLAN,2550 FOX STREET,VARIANCE, 10:37 p.m.—
10:42 p.m.
Dan Johnston, Contractor,appeared on behalf of the Applicant.
Bottenberg stated the Applicant has requested a variance to permit the construction of a
40 by 40 foot accessory building between the principal structure and the street. The
accessory building is proposed to be one and a half story,with the half story being a loft.
The accessory building will be used for storage. The lot is approximately 350 feet wide and
900 feet deep. The Applicant owns the front lot and is in the process of combining them as one
parcel. The residence sits on the rear of the property approximately 700 feet from the street.
A variance is needed to allow the accessory building to be located nearer the front or street lot
line than the principal building on that lot. The proposed location for the accessory building
is already prepared due to a different accessory structure which was located there until 1997.
The lot is wooded and the location would not require any trees to be removed. Bottenberg
indicated a number of trees currently exist on the lot which will screen the accessory structure
from the street and adjacent properties.
Bottenberg noted the accessory building meets all setback requirements for the RR-1B zoning
district and the square footage of the building meets the size restrictions of the oversize
accessory structure ordinance.
•
PAGE 25
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• #2612 Donald MacMillan, Continued)
Bottenberg stated Staff has received a phone call from Bill Smith, 2585 Fox Street, in support of
the project.
City Staff recommends approval of the variance provided the building permit is not issued until
the two parcels are legally combined.
Johnston stated he does not have any comments regarding this application.
There were no public comments.
Smith inquired what the purpose of the storage building is.
Johnston stated it will be used for storage of personal items,possibly a boat. Johnston noted
there presently is no other storage buildings located on the lot at this time.
Smith inquired whether any animals will be housed in the structure.
Johnston stated it will not be used for animals.
Kluth inquired what the hardship is.
Smith stated there was a building there at one time.
• Johnston acknowledged the building permit will not be issued until the two lots are legally
combined.
Stoddard moved,Hawn seconded,to recommend approval of Application#2612,
Donald MacMillan,2550 Fox Street, granting of a variance to permit the construction
of a 40 by 40 foot accessory structure between the principal structure and the street
with the understanding the building permit will not be issued until the two lots are
legally combined. VOTE: Ayes 7,Nays 0.
(#10) #2613 JAMES AND DEBRA RENCKENS,3020 WATERTOWN ROAD,
VARIANCE, 10:42 p.m.— 10:45 p.m.
James Renckens,Applicant,was present.
Bottenberg stated the Applicant is requesting a variance to permit the construction of a
24 by 36 foot accessory building between the principal structure and the street. The accessory
building will be used for storage. The lot is approximately 460 feet wide and 1,170 feet deep.
The residence sits approximately 678 feet from the street on the rear of the property. The
accessory building will be approximately 40 feet from the side lot line. Location of the
building 40 feet from the side lot line precludes its future use as a horse barn.
Bottenberg stated the Applicant is proposing to landscape the area by the accessory building
berm along the street,which will aid in screening the building from the street and the
Sand
PAGE 26
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2613 James Renckens,Continued)
adjacent properties. The accessory building meets all setback requirements for the RR-1B zoning
district,with the square footage of the building being within the 1,000 square foot
maximum allowed for standard accessory structures.
City Staff recommends approval of the variance.
Renckens indicated he has no comments concerning his application.
Smith inquired whether there were any other possible sites for this building.
Renckens stated any other location would interfere with the enjoyment of the adjoining
neighbors' properties.
Bottenberg noted there is a fair amount of wetlands on the property.
Renckens stated after consulting with a landscape architect and his builder,they feel this is the
best location for the building.
There were no public comments regarding this application.
Lindquist moved,Berg seconded,to recommend approval of Application#2613,
James and Debra Renckens,3020 Watertown Road, granting of a variance to allow
construction of a 24 by 36 foot accessory structure between the principal structure and
• the street per the proposed plan. VOTE: Ayes 7,Nays 0.
(#11) #2614 JOE AND SUE HAUS,4485 BAYSIDE ROAD,VARIANCES,
10:45 p.m.— 10:58 p.m.
Joe Haus,Applicant,was present.
Weinberger stated the Applicant is requesting a variance to permit a recently remodeled
accessory building located in front of a new principal residence that will be constructed on the
property. The property was purchased last year,with the Applicant receiving approval for a
guest house on the property by the City Council. The Applicants have elected not to construct
the guest house and would rather build a new residence and remove the existing residence
following receipt of a Certificate of Occupancy for the new house.
Weinberger noted the property does not have direct access to a road and is accessed via an
easement for driveway purposes along the west property line of the property to the
northeast. The building in question is located along the north property line where the driveway
enters the Applicant's property. The building is located approximately 530 feet from Bayside
road and 200 feet from the nearest adjacent residence.
City Staff is recommending approval of the variance based on the following findings:
1. The building has existed as a legally non-conforming structure and was recently remodeled.
•
PAGE 27
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2614 Joe and Sue Haus,Continued)
2. The building is located on a property without frontage on a road. Access to the property is
via an easement over the lot located to the northwest. The building is located well behind
all other residential structures along Bayside Road.
3. Natural vegetation adequately screens the building from view from adjacent structures.
Haus indicated he would like to keep the building for storage. Haus stated he does have the
support of his neighbors regarding this project.
Kluth inquired whether there are any wetlands on this property or what the hardship is for the
variance.
Haus stated it is an existing structure.
Hawn stated the hardship needs to be imposed by the land.
Haus commented the land consists of different elevations which makes it difficult to locate or
access the building anywhere else on the property.
Hawn inquired whether it is possible for the Planning Commission to grant a variance to permit
the structure for a limited number of years.
Gaffron inquired what the life of the building is.
• Haus stated he just put new 25 year shingles on the structure.
J P Y g
Gaffron stated something could be filed on the chain of title.
Hawn commented in her view the structure should be relocated off the lot line. Hawn indicated
she would not be in support of this application since this would be considered new
construction.
Haus inquired whether a variance would be granted for an accessory structure in front of the
existing residence.
Hawn stated the application could be tabled if the Applicant wished to review his options
regarding the location of the structure.
Hawn moved,Smith seconded,to table Application#2614,Joe and Sue Haus,
4485 Bayside Road,to allow the Applicant time to review his options.
VOTE: Ayes 7,Nays 0.
•
PAGE 28
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#12) #2617 DOUG OLSON AND BARBARA BOWERS,2601 LAFAYETTE ROAD,
VARIANCES,10:58 p.m.— 11:02 p.m.
Doug Olson,Barbara Bowers,and Skip Leaven were present.
Bottenberg stated the Applicants are requesting variances to construct a second story addition
to the existing residence. The addition is a continuation of an ongoing remodeling project.
The proposed addition will be approximately 1,500 square feet and over the east portion of the
existing residence.
In 1996,variances for lakeshore setback,average lakeshore setback,and hardcover were granted
for Phase II of the remodeling project. This project of the project consisted of additions to the
existing residence, including a room expansion on the south side of the house in the
75-250' zone and a second story addition above the central portion of the house in the
75-250' setback. In addition,the entire house and addition got a new 12:12 pitch roof system
replacing the low 3:12 pitch roof.
Bottenberg stated a portion of the existing house consisting of approximately 30 square feet
is located in the 0-75' setback zone. Further,the entire house is located lakeward of the
average lakeshore setback line. The house sits on a point of the lakeshore.
A variance to the lakeshore setback is required to permit construction of the second story
addition where a portion of the existing residence is located within 75 feet of the ordinary
high water mark of Lake Minnetonka. A variance to the average lakeshore is also needed to
permit the structure to encroach 70 feet into the average lakeshore setback.
• Bottenberg indicated no hardcover changes are being proposed in the 0-75' setback or in the
75-250' zone. The City of Orono permits a second story to be added when the footprint of the
building is not increasing regardless of hardcover excesses. Lot coverage by structures is
currently 8.8 percent,which will remain the same.
Bottenberg stated the adjacent residence to the southeast is on somewhat higher ground and
may currently enjoy minimal views over the existing residence,which may be reduced by the
second story addition. However,the main views of the lake for that house are to the east and
is not affected. Existing vegetation also acts to limit the neighbors' view of the lake.
Skip Leaven,Designer,presented a model of the proposed addition. Leaven pointed out the
existing structure and the proposed addition.
There were no public comments regarding this application.
Stoddard moved,Kluth seconded,to recommend approval of Application#2617,
Doug Olson and Barbara Bowers,2601 Lafayette Road,granting of variances to permit
construction of a second story addition to the existing residence.
VOTE: Ayes 7,Nays 0.
•
PAGE 29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#13) #2618 JOHN WALKER, 1368 NORTH ARM DRIVE,VARIANCE,
11:02 p.m.—11:06 p.m.
John Walker,Applicant,was present.
Bottenberg stated the Applicant is requesting a variance to extend the front wall out four feet
along a 20 foot section of the residence. The Applicant is remodeling the existing residence
and is requesting the extra four feet for garage space and a second floor bathroom. The
existing residence was built in 1930,prior to current zoning standards. The residence is
located 4.5 feet from the side lot line.
Bottenberg indicated the Applicant has tried very hard to remodel the existing residence within
the zoning codes as much as possible. The 4 by 20 foot bump out will allow the Applicant
to work within the existing floor plan. The first floor is for additional garage space and the
second floor is for a bathroom off the master bedroom.
The Applicant is also constructing an addition to the northwest side of the residence and has
been issued a permit for construction. The addition meets all the setback requirements for the
LR-1B zoning district. Structural lot coverage will increase to 7.1 percent where 4.2 percent
currently exists. Hardcover in the 500-1000' setback area will be increased to 20.9 percent
where 18.1 percent exists.
A variance is needed to permit a side yard setback of 4.5 feet where 10 feet is required.
City Staff recommends approval of the variance.
• Walker commented the house is rather old,possibly dating sibl datin back to the 1930s.
There were no public comments regarding this application.
Smith moved,Hawn seconded,to recommend approval of Application#2618,
John Walker, 1368 North Arm Drive, granting of a side yard variance to permit the
remodeling of the existing residence. VOTE: Ayes 7,Nays 0.
(#14) #2619 PAUL AND DENISE AASEN,577 PARK LANE,VARIANCE,
11:06 p.m.— 11:22 p.m.
Paul and Denise Assen,Applicants,were present.
Weinberger stated the Applicants are requesting variances to permit additions to an existing
residence. The additions would be for a living room,mud room,and a covered entrance to
the existing house.
A variance to hardcover is needed in the 75-250' lakeshore setback,where 58.2 percent
exists and 25 percent is allowed. A variance is also required to permit a structural addition
six feet from the north property line where ten feet is required. A structural coverage variance
is also necessary to permit 1,911 square feet where 1,579 square feet exists. In addition, a
variance to permit the encroachment into the average lakeshore setback for the family room
•
PAGE 30
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• (#2619 Paul Aasen,Continued)
addition is needed.
The Applicants are proposing to reduce the total hardcover on the property by removing part
of the driveway that is not required for maneuvering vehicles. The building additions have
been placed mostly over areas that contain hardcover. New hardcover would include the
construction of a sidewalk to connect the garage to the house.
Weinberger indicated the house is located 2.4 feet from the north property line,with the addition
of the mud room being six feet from the north property line. The additional four feet encroaching
into the setback would be to allow for a one-half bath to be located within the
mud room.
Weinberger noted a large portion of the existing residence is located within the average
lakeshore setback. No further encroachment is proposed than what exists The Applicants
have proposed to increase the structure an additional 332 square feet. Staff has notified the
Applicants of the structural coverage limitations on the property and the need to show a
hardship to require additional structure.
Weinberger indicated the proposed plan does not depict any proposed decks or patios on the
lakeside of the house. The hardcover that is proposed within the 75-250' setback does not
allow for any additional hardcover in the future without a variance.
Weinberger stated this lot is one of several 50 foot lots along Park Lane that are
• non-conforming due to the lod width and lot size requirements. All the surrounding properties
are zoned LR-1B. City Code allows lots that are less than 10,000 square feet to have more
than 15 percent structure. The lots are permitted to have 1,500 square feet of structure.
City Staff is in support of variances to maintain the screen porch area within the average
lakeshore setback, and supports the reduction of hardcover on the property. Staff is not in
support of the additional 332 square feet of structural coverage on this property since it will
exceed the maximum 1,5000 square feet allowed by Code.
Paul Aasen stated they are experiencing a hardship due to the extremely small lot. Aasen
stated this is a two bedroom house,noting he has two children. Aasen stated he has attempted
to minimize the impact to his neighbors. Aasen stated one option that he has explored has been
relocation of the garage.
There were no public comments regarding this application.
Hawn stated the Planning Commission generally does not approve any variances to structural
coverage. Hawn stated she is not prepared to grant any more structural coverage than what is
existing.
Aasen stated he would be willing to eliminate the deck in order to reduce the structural coverage.
Smith concurred that she would like to see the structural coverage not exceed what's existing.
•
PAGE 31
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• 0/2619 Paul Aasen, Continued)
Lindquist commented he does not have a problem with the application outside of the proposed
structural coverage.
Aasen indicated they have attempted to minimize the driveway as much as possible in order to
limit hardcover on the property. Aasen stated they are attempting to create more green space on
their lot.
Lindquist moved,Hawn seconded,to recommend approval of Application#2619,
Paul and Denise Aasen,577 Park Lane,granting of variances to hardcover,lakeshore
Setback,and average lakeshore setback to permit additions to the existing residence,
with the understanding the structural coverage on the lot will not exceed what is
currently existing on the property. VOTE: Ayes 7,Nays 0.
PLANNING COMMISSION COMMENTS
(#17) PLANNING COMMISSION APPROVAL OF MINUTES FOR AUGUST 21,2000
Nygard moved,Lindquist seconded,to approve the minutes of the August 21,2000
Planning Commission meeting as submitted. VOTE: Ayes 7,Nays 0.
(#15) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING
• COUNCIL MEETINGS AUGUST 28,2000 AND SEPTEMBER 11,2000
Nygard stated he attended the September 11 meeting where Mayor Jabbour indicated he would
not be running for another term as well as Charles Kelley. Council Member Peterson indicated
she would be running for Mayor.
Stoddard stated he attended the Park Tour.
Kluth stated he attended the August 28 City Council meeting where the open house to discuss
the comprehensive plan was mentioned.
(#16) OTHER ISSUES FOR DISCUSSION
Hawn noted a notice is included in their packet for a joint meeting between the Long Lake and
Orono Planning Commissions scheduled for September 26.
(#18) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON
SEPTEMBER 25,2000 AND OCTOBER 9,2000
September 25—Hawn October 9—Berg
•
PAGE 32
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18,2000
• ADJOURNMENT
Lindquist moved,Smith seconded,to adjourn the meeting at 11:42 p.m.
VOTE: Ayes 7,Nays 0.
There being no further business to discuss,the meeting was adjourned at 11:42 p.m.
7,IZ
,lhjabeth wn, Chairi
•
1111
PAGE 33