HomeMy WebLinkAbout07-16-2001 Planning Commission Minutes PUBLIC ATTENDANCE
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
ROLL
The Orono Planning Commission met on the above date with the following members present:
Chair Elizabeth Hawn, Commissioners William Stoddard, Dale Lindquist, Sandra Smith,
Janice Berg, Jeanne Mabusth, and J. Marc Fritzler(alternate). The following represented City Staff:
Planning Director Michael Gaffron,Zoning Administrator Paul Weinberger,Zoning Administrator
Wendy Bottenberg, and Recorder Lin Vee.
Chair Hawn called the meeting to order at 6:30 p.m.
NEW BUSINESS
PUBLIC HEARINGS
(#1) #01-2690 JOHN A. EIDEN,330 BIG ISLAND,AFTER-THE-FACT VARIANCES,
6:31 p.m. — 6:40 p.m.
John Eiden,Applicant,was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicant is requesting an after-the-fact variance to permit replacement of a
lakeside deck on Big Island, constituting hardcover and structural coverage within 75'of the
lakeshore. The deck is approximately 32' from the lakeshore. According to historical surveys and
photos,the deck appears to be of the same size as the original deck. The owner's intention was to
repair the deck; however, only the original footings could be used because of extensive deterioration.
Another issue,unrelated to the variance request, is that a structure located at the rear of the property
is above a platted right-of-way used for pedestrian access or utilities. A previous owner had
completed a rehabilitation of the structure in 1991 and was issued a"stop work" order. No further
work has been done to that structure and it has no impact on the current variance request.
City Staff recommends approval of the after-the-fact variance request for deck replacement within
75' of the lakeshore constituting hardcover and structural coverage based on the fact that the deck
previously existed,the existing building was located in its current location prior to current zoning
standards, and some type of structure is needed to the lakeside of the building for access.
Eiden stated that he had eliminated a stairway resulting in less hardcover than the previous deck. He
showed a sample of the rotten floor joists to the Commissioners.
There were no public comments regarding this application.
Smith asked if the deck needed to be considered a rebuild rather than a repair.
Weinberger responded that since only a couple of posts remained, it was considered new structure.
PAGE 1
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2690 John A. Eiden,Continued)
Eiden commented that he was from Louisiana where 50%replacement was allowed. He intended to
replace only 50% but found rotten wood. He used the original footings and replaced the deck in the
original footprint.
Smith noted that the application was essentially a replacement deck.
Hawn and Lindquist commented that the Planning Commission has been fairly consistent in allowing
deck replacement.
Hawn expressed concern with the building in the right-of-way. Eiden commented that it was
originally an ice house and is currently used as a guest house with no plumbing.
Hawn asked if it were possible to move the building within the property lines. Eiden responded that
it would not be worth it.
Mabusth asked if the Applicant had considered the permit process for use of the unimproved right-
of-way. Eiden responded that he was not aware of that process.
Lindquist asked if the Planning Commission would approve use of the unimproved right-of-way.
The Commissioners did not think such a request would be approved.
Weinberger commented that the previous owner had started some type of request to use the right-of-
way in 1995 but did not complete that request, and he suggested continuing with the permitting
process. There was much activity in 1991 when the building was completely remodeled and a deck
added, and then again in 1995 when the property was for sale.
Hawn suggested the Applicant continue to move forward with the right-of-way issue.
Lindquist moved,Smith seconded,to recommend approval of Application#01-2690,
John A. Eiden,330 Big Island,granting approval of after-the-fact hardcover and structural
variances to permit replacement of the lakeside deck at 330 Big Island.
VOTE: Ayes 7,Nays 0.
(#2) #01-2691 J. ERIC AND CHRISTINE MENGE,340 TURNHAM ROAD,VARIANCES,
6:40 p.m. - 7:35 p.m.
J. Eric Menge,Applicant,was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicants are proposing to construct an attached 2 '/2 stall garage to the north
side of the residence, and a two-story family room addition to the rear of the residence. The area
below the garage will be additional living and storage space. The existing single stall garage will be
turned into living space. A side yard setback variance is requested to allow the garage addition to be
PAGE 2
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2691 J. Eric and Christine Menge,Continued)
located 12.27' from the side lot line where 50' is required, and a family room addition to be located
49.8' from the side lot line where 50' is required. A front yard setback variance is also requested to
allow the garage addition to be located 32.6' from the street lot line where 100' is required, and the
family room addition to be located 69' from the front lot line where 100' is required.
Bottenberg noted the septic system has a capacity for 2 bedrooms, is non-conforming, and is required
to be replaced by the end of 2006. Since the proposed plans suggest that additional space could be
converted to bedrooms, it is recommended that a new system should be designed to accommodate
more than two bedrooms if the additions are completed. She indicated two 12-18" ash trees will be
removed to accommodate the proposed garage addition, but a 24"white oak will be saved by angling
the garage addition. Bottenberg noted the neighboring affected property owner has submitted a letter
opposing the magnitude of the setback encroachment.
Menge stated he has lived in the area for 25 years and his family owns a business in Long Lake. He
and his wife bought this home 5 years ago,knowing it would outgrow their needs. They are
requesting variances to add a garage and living space which was designed to give them the most
room for their budget, require the least amount of variance issues and cause the least intrusion to the
neighbors. He noted the current structure is a "shoebox",with only a one-car garage when the
standard has become three-car garages, and is non-compliant with current zoning codes. The design
of the additions has been done for functionality, not aesthetic design. They would like to remain in
the area and because of the lack of affordable housing,the best option was to remodel their existing
home.
Menge addressed some of the objections that have been voiced. 1) Setbacks are an issue since the
current zoning is for five acres and their lot is approximately 1 acre, with neighboring lots at 3 acres
and 1 3/4 acre. 2)Proximity and noise are of concern since the house to the north was built 25' from
property line. It was suggested that they consider a different layout with only a one-car addition to
the north and additional living space to the other side, or a garage addition to the other side or behind
the house. They felt the current design was the best since fewer variances would be required,the
cost was less, logistically it works with the current house layout, considerably less fill would be
required, and fewer trees would need to be cut down. Tearing down and rebuilding did not seem
economical because of the small building envelope and steep grade. 3) Steps have been taken to
make the septic system compliant with the issuance of a building permit. 4)The appraised value of
the project improvements will improve property values throughout the neighborhood. 5)All of the
neighbors have approved the project.
Doug Merz, 380 Turnham Road, stated he is the neighbor to the north and confirmed that the
Commissioners had a copy of his letter indicating his concerns. He added the Menges have been
great neighbors and this is a difficult situation. He commented that one of the reasons they moved to
Orono was because of the open space. The proposed project brings the garage very close to his
property line and is not typical of other development in the neighborhood. He has also consulted
with realtors and has been advised the project could have a negative impact on his property value.
He has suggested to the Menges that a 1 '/2 stall garage would be acceptable. Hawn confirmed that
the garage is the only part of the proposed improvements that Merz finds objectionable. Merz stated
PAGE 3
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2691 J. Eric and Christine Menge,Continued)
that their bedroom would be in close proximity to the proposed garage. Stoddard asked what the
distance would be. Berg responded it would be approximately 37'.
John Blumentritt and Craig Johnson, architects for the project, presented a computerized
demonstration of the proposal. The demonstration presented the location of the existing house and
the neighbor's home,conversion of the existing one-car garage to living space,trees and shrubs on
the property,450 s.f. of additional living space, and a two-car garage addition.
Blumentritt explained that he had been working with Menges on a plan that would address the garage
addition and proximity to the neighbor. The face of the neighbor's house is 6' closer to the road than
the Menges, with an additional 6' of entryway. With the footprint of the existing home at 24'x 24',
they looked at various ways to increase space. By angling the garage, an area was created that would
facilitate maintenance equipment in the garage. They also looked at placing the garage so it would
face the neighbor to the north. This would have minimized the distance of the garage to the
neighbor, but places the driveway along the property line. Slope conditions would also require fill
and retaining walls. An angled garage would change the view of the addition for the neighbor to a
point of the garage rather than the whole face,minimizing privacy issues. The angled garage also
minimizes the amount of driveway and grading required.
Blumentritt also commented on the possibility of another bedroom in the basement. He
recommended against this idea, noting that a master bedroom addition was being considered for
some future time as a second floor. Under the garage, a studio area is planned to be used for
hobbies. If the Menges can afford to put a room under the porch, it will be a recreation area with a
pool table.
Mabusth asked where the future master bedroom would be. Blumentritt responded that it would be
everything to the right of the gable on the entry roof,which would be over the main portion of the
existing structure.
Mabusth commented that the septic capacity was of major concern with the possibility of an
additional bedroom. Blumentritt confirmed there would be a second septic site available for a
mound system. Hawn questioned the need for primary and alternate septic sites. Weinberger
responded that the City asks for two sites,but added that the City will accept a letter from whoever
does the testing to ensure that a potential future site isn't lost by the addition.
Blumentritt noted that if the garage addition were put on the other side of the house,the walkout
lower level would necessitate importing approximately 8' of elevation. In addition,the bedroom
windows below would be blocked.
Blumentritt reviewed the hardships for the variance application including the fact that a one car
garage is not the norm and the difficult site conditions. The proposed design will be able to save
some mature trees and buffer the garage doors from neighbor.
Berg inquired about the room in the back beneath the deck. Johnson explained that it was proposed
and would be included if the budget figures would allow the additional construction.
PAGE 4
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2691 J. Eric and Christine Menge,Continued)
Smith asked about adding on to the back of the house,which might help limit the size of the
proposed garage addition and the neighbor's concerns. She thought the garage may not need to be
converted to living space if more were added to the back. The architects indicated there were fairly
steep slopes to the back of the house limiting the building area.
Stoddard commented that it is important to be cognizant of side setbacks and neighbor's views. He
thought if the garage were not angled,there would be a 25' setback and possibly more living space
behind the garage. Blumentritt responded that by angling the garage, more open area is gained with
only a corner closer to the neighbor.
Lindquist noted there were two setbacks,the front and side yard setbacks. The side yard setback is
proposed at 12'. The neighbor to the other side has a setback of approximately 31'. Lindquist stated
he would look at a minimum of a 30' side setback for each neighbor and the applicant would need to
stay within those setbacks in his design.
Hawn agreed with Lindquist noting that a 50' setback is required. A setback proposal at 12.7'
requires a variance which is too great.
Menge asked what the required setbacks are for a one or two acre zone. Gaffron responded that the
one acre zone requires 35' front and rear with 10' on the sides, and the two acre zone is 50' front and
rear with 30' on the sides. Menge noted that his lot is a one acre lot and next door is 2 '/2. Hawn
commented that his request is a radical departure from the zoning standards.
Smith commented that she had the same concerns as Hawn and Lindquist.
Stoddard stated that he may be a little more lenient and may allow up to 25' for the side setbacks.
Mabusth stated that she had the same concerns and suggested tabling the application with some
direction to the applicants. None of the Commissioners were concerned with the front or rear
setbacks. The side setback is the major issue, especially with the concerns expressed by the neighbor
to the north.
Hawn commented that tipping the garage may help some but was concerned with the impact of
headlights on the neighbors.
Mabusth commented that using portions of the existing garage to enlarge the garage area would be a
good option to pursue.
Blumentritt responded that they had looked at those options. The current entry is not safe and using
the existing garage as an entryway makes sense with the rest of the layout.
Fritzler stated that in redesigning a structure on the existing property,the goal would be not to
encroach on the side setbacks any more than necessary. He also suggested shortening the 2 '/2 car
garage but going deeper to the back of the property so the same square footage would be involved in
the additions.
PAGE 5
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2691 J. Eric and Christine Menge,Continued)
Berg was in concurrence with other members in maintaining a 30' setback from the side lot line,with
more of the additions to the back of the house. She was also concerned with headlights shining in
the neighbor's house.
Menge stated one of the neighbor's concerns was the noise caused by driving into the garage. He felt
by having a longer driveway,the noise issue was increased.
Blumentritt requested that the application be tabled to provide an opportunity to revise the proposed
plans.
Lindquist indicated that if the proposal were 30' or more from the lot line and the structure is
reasonable for the property,the Planning Commission may vote in favor of such a plan.
Blumentritt stated they would look again at the design of the garage addition but would probably be
approaching a 25' setback.
Lindquist reiterated that he was looking at a 30' setback. If additional space is needed, going back
into the lot should be considered.
Blumentritt responded that the topography of the lot may play a part in the steepness of a driveway.
He stated the purpose of the variance is to look at the hardships on the site, and determine a
reasonable solution.
Hawn moved,Smith seconded,to table Application#01-2691,J. Eric and Christine Menge,340
Turnham Road,for variances to side and front yard setbacks to construct an attached 2 '/Z stall
garage and family room additions.
VOTE: Ayes 7,Nays 0.
SCHEDULED PUBLIC HEARINGS-7:00 P.M.
(#8) #01-2696 MICHAEL P. AND JEANNINE B. BADEN,AND H. WESLEY AND
ELIZABETH L. WOLVERTON,3420 AND 3445 HIGH LANE,REARRANGEMENT OF
COMMON PROPERTY LINES,7:35 p.m. - 7:46 p.m.
Michael P. and Jeannine B. Baden and H. Wesley and Elizabeth L. Wolverton,the property owners,
were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger explained that the applicants have proposed a lot line rearrangement between the two
properties for the purpose of creating a space on the Badens property, 3445 High Lane,that would
allow for future construction of a detached garage. The Badens have explored various options for
locating the garage but have been unable to find a suitable location that works within the existing
PAGE 6
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2696 Michael P. And Jeannine B. Baden,and H. Wesley and Elizabeth L. Wolverton,
Continued)
driveway. A private driveway serves both properties with private easements recorded on the
property titles. The north lot at 3420 High Lane is 1.95 acres,just short of the two acre minimum.
The south lot at 3445 High Lane is 1.1 acre. The proposed new property line would change each
property by about one-tenth of an acre,making the north lot one-tenth of an acre smaller and the
south lot one-tenth acre larger. The transfer of property creates an area in the northwest corner of the
south lot where a garage could be built. A 20' drop in elevation limits the option to place a garage
behind the house. Historically,the parking area for the south lot has been at the end of High Lane
and it makes sense to place the garage in that area. No variances would be required for new garage
construction because the new property line changes the definition of the front property line. The new
front property line would be narrower and require only a 10' setback.
Weinberger noted the primary issue is the existing driveway easements, one of which is over the
entire area where the current driveway is located. That portion of the driveway that will no longer be
used as driveway for the south lot should be vacated, since the driveway easement is no longer
needed in that area. A separate hearing and notice regarding vacation of additional property for
driveway easements would be appropriate to ensure that all benefitting property owners were aware
of the vacation and were in agreement. Weinberger added that it was unclear if the property in the
Betz Addition to the west had any benefits from the existing driveway easement.
Staff recommends that the lot line rearrangement be approved since it is consistent with the intent of
the Comprehensive Plan and Zoning Code as there are no additional building sites created or
increases in density. Staff would also recommend that drainage and utility easements should be
granted along the new property line, and the applicants should provide any additional information
they may have regarding the easements on both properties.
There were no comments from the Applicants or the public.
Smith commented that it appeared that there was a shed on the property line and this may be an
opportunity to resolve that issue. Baden explained that they hope to continue to use the shed where it
is located and that there is an issue with the gap between the two property lines in the area where the
shed is located. They are working on resolving the ownership of the gap of about 8'.
Lindquist moved, Stoddard seconded,to recommend approval of Application#01-2696,
Michael P. and Jeannine B. Baden and H. Wesley and Elizabeth L. Wolverton,3420 and
3445 High Lane,granting approval of a lot line rearrangement subject to the following
conditions:
1) Applicants shall dedicate drainage and utility easements along new property
lines and vacate any drainage and utility easements along old property lines.
2) Applicants shall provide to the City any documentation relating to easements on
both properties.
3) Prior to City Council review,3 original surveys of the survey completed by a
licensed surveyor in the State of Minnesota shall be submitted,with signature
blocks.
VOTE: Ayes 7,Nays 0.
PAGE 7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#3) #01-2695 THOMAS ADAMS,500 ORCHARD PARK ROAD,VARIANCES,7:47 p.m. -
7:51 p.m.
Thomas Adams,the Applicant,was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated that the Applicant has applied for variances that would permit the relocation of the
existing house to the center of the property. The current house is in a location that is non-
conforming. The variance is required because when the house is relocated, it becomes new
construction. The lot is non-conforming and less than the 5-acre minimum lot size. The lot is
approximately 4.8 acres and consistent with other lots along Orchard Park Road. The Council
recently approved a variance for a lot to the south and east to be considered a buildable lot at 4.7
acres. Septic testing designed for a 5-bedroom home has been approved by the City's On-Site Septic
Manager.
Weinberger indicated the main issue with the application is the location of two accessory buildings
on the site. A garage with a building permit issued in 1992 is nearing completion, and a smaller shed
is located on the property. The Applicant has requested that the garage remain on the site but the
shed would be removed prior to application for the building permit to move the house.
Staff recommends approval of the variance that would allow the lot to be considered a record lot; and
recommends that the garage(located 167' from the front property line)be allowed to remain in the
present location but must be completed with a final inspection and approval prior to issuing any
additional building and moving permits.
There were no comments from the Applicant or the public.
Hawn confirmed with the Applicant that he was comfortable with the request to have the garage
completed prior to any further permits being issued and the small shed being removed. The
Applicant agreed.
Smith suggested to the Applicant that this was also an opportunity to clean up the lot.
Hawn moved,Stoddard seconded,to recommend approval of Application#01-2695,
Thomas Adams,500 Orchard Park Road,granting approval of a variance to permit the lot to
be considered a record lot; and a variance to permit the existing garage to remain closer to the
front property line than the principal residence,contingent on completion of the garage with a
final inspection and removal of the small shed.
Ayes 7,Nays 0.
(#4) #01-2697 LARRY AND SHARON GEHL, 1825 CONCORDIA STREET,VARIANCES,
7:52 p.m. -8:09 p.m.
Larry Gehl, the Applicant, and Gary Hansen,the builder,were present.
PAGE 8
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2697 Larry And Sharon Gehl,Continued)
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the application was for variances to permit a two-story addition to the existing
house, which includes a first level garage and second level above the garage for living space. The
addition would be 8' from the side property line where a 15' setback is required because of a platted
City right-of-way(undeveloped)down to Lake Minnetonka. The standard interior lot line setback is
10' in the LR-1C district. He noted that the property owners have designed the project to meet the
hardcover requirements and will be removing an existing garage and the necessary driveway in front
of that garage.
Weinberger added that the Park Commission has been looking at the long-term use of the right-of-
ways to the lake,which are public land in the City. The City has had a policy that these right-of-
ways would not be vacated, with potential uses including pedestrian access to the lake or
snowmobile access. The Park Commission has not determined the future use for this particular
right-of-way.
Staff would recommend approving a 10' setback to the interior property line where 15' is required.
The 8' setback encroaches into the standard setback because a corner of the house is located 8' from
the property line.
Weinberger asked the Applicant and/or his builder to comment on the need to have an 8' setback
rather than 10' or 15'.
Hansen explained that he had been working with the Gehls for some time on various plans. They
found the best solution was to demolish the existing garage and attach a new garage to the existing
house. Odd angles for the house would be created by maintaining a 10' setback since one corner of
the house is already located 8' from the property line.
Mrs. Gehl stated that the City-owned property between the two homes is a low point in the
neighborhood and becomes flooded during heavy rains. She felt the City may not be able to put the
area to a good use because of the flooding conditions. She added that their current garage is only 4'
from the property line;therefore,the proposed addition improves the setback situation to 8'. They
have tried to work with the existing foyer and access to a three-car garage while saving a large tree.
Mr. Gehl stated they had tried to upgrade the existing garage but found it would be better to remove
it. He noted that his neighbor believed he owned the 15' right-of-way and had been maintaining it.
He also pays additional insurance because the right-of-way is in the flood plain. The neighbors have
no objection to the proposed improvements.
There were no public comments.
Stoddard stated that he was pleased that the Applicants were improving the setback situation. He
asked if Gaffron had any concerns about the City's future use of the right-of-way.
PAGE 9
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2697 Larry And Sharon Gehl,Continued)
Gaffron stated he could not predict future plans but did not think an 8', 10' or 15' setback would
impact the City's use of the right-of-way. The applicants may have a greater issue with how close
they want to be to a right-of-way with an unpredictable future use.
Hawn thought that it may be unfair to ask for a 10' setback since there is already an encroachment
with the house existing at the 8' setback. Although she would prefer the 10' setback, requiring it
creates an irregular shape for the house.
Mabusth indicated she agreed with other Planning Commission members and would allow an 8'
setback.
Smith suggested an option may be to angle the house from the existing corner at the 8' setback to
meet a 10' setback at the opposite garage corner. Lindquist did not think the change was important
enough for 2'.
Stoddard moved,Berg seconded,to recommend approval of Application#01-2697,
Larry and Sharon Gehl, 1825 Concordia Street,granting approval of variances to permit an 8'
side setback where a 15' side setback is required for a two-story addition to the house,
including a garage and second floor living space above the garage.
Ayes 7,Nays 0.
(#5) #01-2693 DAVID AND MARYANN MAISER,2700 SHADYWOOD ROAD,
VARIANCES,8:10 p.m. —8:33 p.m.
David and Maryann Maiser,the Applicants,were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the application is a three-part request requiring separate variance approvals as
follows:
1) The addition of an attached garage(23'x 28.8')to the house requires a variance to
encroach into the 75' lakeshore setback.
2) Replacement of a deck(9'x 28')that had collapsed from snowfall requires a
hardcover variance because it is within 75' of the lakeshore.
3) The addition of a three-season porch on the south side of the house with an attached
deck requires a hardcover variance because the addition is over the 25% allowed
hardcover in the 75-250' setback.
The property is located in the LR-1B zoning district requiring one acre. The property is
approximately 3/4 acre and was originally developed in the 1960's. The detached garage was added
in 1974 and met the standards at the time it was built.
Weinberger stated that the proposed additions include remodeling the existing attached garage to
living space, an equal replacement of the previously existing deck, and a porch/deck addition. The
PAGE 10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2693 David And Maryann Maiser,Continued)
porch/deck addition increases the hardcover from almost 29%to 30%. The proposed garage would
be constructed over the existing driveway access; therefore no additional hardcover is created.
Mr. Maiser commented that they are essentially adding a two-car garage over an existing concrete
driveway. The house currently has a two-car tuck-under garage that holds only one car and is used
mainly as a workshop. They also looked at adding a three-season porch under the deck that
collapsed but it became non-functional.
There were no public comments.
Smith asked for a a review of what is considered "replacement" versus "new" structure. Weinberger
indicated these areas on an overhead diagram.
Hawn stated she had no problem with the garage or deck replacement, but had a concern with the
porch/deck addition because it exceeds hardcover standards.
Lindquist agreed with Hawn and stated that no additional hardcover should be allowed. No more
structural coverage should be considered for the 75-250' setback. He would allow the hardcover that
exists but no additional hardcover.
Weinberger added that the Staff report did not indicate that a 35' setback is required to be met to the
road, and the proposed porch encroaches 8' into the 35' setback, requiring an additional variance.
Mabusth stated that she thought the existing garage was going to be removed. Mr. Maiser confirmed
that it would not be removed.
Mr. Maiser stated that landscaping plastic could be removed to address hardcover issues. Lindquist
replied that the landscape plastic would need to be removed if any variances are granted, and there
would be no credit for it.
Mabusth asked for clarification of the hardcover calculations regarding new and replacement
structure. Weinberger responded that in the past in some remodels the 75-250' zone had been
considered for additional hardcover when they didn't meet the 25%requirement. Mabusth noted the
lot has many hardships including the angle of the house,the 35' setback, and the location of the 75'
setback. Excesses in hardcover already exist and nothing can be removed except the existing garage,
which is located out of the 0-75' setback area. She suggested tabling the application with direction to
the applicants, such as major reductions in hardcover and no encroachments in the 0-75' zone for the
porch/deck addition. Removal of the existing garage/workshop and the greenhouse may be options
to reduce hardcover.
Mrs. Maiser indicated that it may be possible to remove the greenhouse,but one of the main reasons
they bought the property was because of the workshop area.
Weinberger noted that 56% of the lot is within 75' of the lake,which creates a real challenge in
working with improvements.
PAGE 11
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2693 David And Maryann Maiser,Continued)
Lindquist stated that the lot is "maxed out"which is why the additional porch/deck is a problem.
Mabusth reiterated that it would be difficult for her to approve the porch/deck addition because of
the excessive hardcover.
Stoddard stated he would approve the garage and deck replacement, but would like to see the deck
removed from the porch addition in the 0-75' zone. Anything else that could be done to remove
hardcover would be helpful, such as the greenhouse or sidewalk.
Hawn stated she would accept the porch/deck addition if it could be reduced to meet the 25%
hardcover requirement and move it within the street setback.
Berg suggested that as they reconsider their plans, all items to be removed should be shown so there
are accurate calculations.
Mabusth added that the porch/deck addition should meet the 35' setback rather than having an 8'
encroachment into that setback.
Mrs. Maiser stated there were some considerations in the porch addition for the entry since the
proposed entry is where an existing window is located and moving the addition back 8' may impact
that entry.
Hawn moved, Smith seconded,to table Application#01-2693,David and Maryann Maiser,
2700 Shadywood Road, requesting variances for a garage,deck replacement and porch/deck
addition.
Ayes 7,Nays 0.
(#6) #01-2694 BAYWIND CHRISTIAN CHURCH,2477 SHADYWOOD ROAD,
CONDITIONAL USE PERMIT,8:33 p.m. —8:58 p.m.
George Wells, Helmer Heckal, Pastor, Greg Metz, and Frank and Joan Svoboda,property owners,
appeared on behalf of the BayWind Christian Church.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg reviewed the Staff report stating that the BayWind Christian Church is proposing to
occupy an existing structure located at 2477 Shadywood Road which has previously been used as a
realty office and environmental services business. The building is located in the B-4 zoning district
with a recent code amendment which allows "churches" as a conditional use in the B-4 Office and
Professional Business District. The church would like to purchase the building as an interim step
toward constructing its own church building in the future. There are no plans for structural changes,
but they will remodel a number of interior spaces. The building consists of two floors. The entire
second floor will be used by the church as a sanctuary, conference rooms and church offices. A
PAGE 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2694 Baywind Christian Church,Continued)
portion of the first floor will be used by the church for Christian education, with the remainder to be
used as professional office space which will be leased back to the current owner.
Bottenberg stated that the building setback from a residential district of 50' is met.
The site plan meets the required 54 parking spaces, which is one space for each four seats in the
sanctuary. The church also has an agreement with the Freshwater Biological Institute to use the
parking lot for overflow purposes. The City may want to look at putting in a sidewalk along
Shadywood Road to gain parking without having to cross Shadywood Road. The church's primary
use is Sunday morning services, and for the most part will have different hours than the business
activities occupying the building. Bottenberg stated that the Fire Marshall has reviewed the parking
plan and has no objections to the plan or with emergency vehicle access. The parking spaces meet
the required 10' setback from the rear yard. The church entrance/exit is on Shadywood Road,
meeting the required access onto a collector street.
The B-4 performance standards for lot width, setbacks and building height have been met.
A signage plan has not been submitted, but the allowed signage is 1 s.f. per foot of lot width, not
over 50 s.f.
There are no issues with grading and drainage on the site.
A plan should be submitted indicating the location and screening of trash receptacles.
A lighting plan should also be submitted.
A single family home is located to the rear of the property, immediately adjacent to a parking area.
Vegetation exists but it will lose its leaves in the winter. An evergreen hedge or one that would have
leaf on year round would provide more screening to the residential property.
Heckel stated that the church doesn't need 252 s.f. for signage. The existing sign won't change.
Smith asked about the lighting plan. Heckel responded that the existing lighting will be sufficient for
their needs.
Welles stated that one change to the building would be to add a handicap ramp.
Hawn asked about the refuse area. Welles replied that the existing area that is occasionally used for
a dumpster is adjacent to the loading dock and is somewhat screened by vegetation.
Lindquist confirmed that the Planning Commission was approving a conditional use permit for the
church use in the B-4 zoning district and verifying that the church meets all the conditions of the B-4
district.
PAGE 13
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2694 Baywind Christian Church,Continued)
Weinberger confirmed that the current lighting meets the intent of the zoning code and is consistent
with other commercial or industrial buildings.
Mabusth asked if the adjacent residential property owner achieved access through the church
property. Welles responded that he does not nor does he have any vehicles on the church property.
Hawn suggested the applicants be prepared to discuss with Council the lighting, refuse and screening
plans for the property.
Gaffron explained that the B-4 district has a fencing requirement when a B-4 office and professional
district abuts an R district along the side or rear lot line where a fence or compact evergreen hedge
not less than 50%opaque nor less than 6' in height is required. This would indicate that the fencing
requirement would be appropriate for the width of the parking lot.
Heckel stated that information regarding a play area was not mentioned in the Staff report. Gaffron
clarified the intent was to be a fenced area for children to play in for short periods of time and not a
day care use. Hawn added that a plan for the play area should also be submitted for Council's
review.
There were no public comments.
Hawn stated she had no objections to granting the conditional use permit but some details would
need to be documented before presenting to Council, such as signage, lighting, location of play area
and screening.
Smith asked how the issues had been resolved with parking at the Freshwater Center. Welles
responded that the church no longer planned to use the Freshwater Center parking lot on a regular
basis. Heckel stated there would be occasions, such as weddings and funerals, where use of the
Freshwater Center parking lot may occur. Mabusth verified that there was an agreement with the
Freshwater Center on file with the City regarding the parking lot use.
Fritzler indicated that the sidewalk along Shadywood Road that was discussed would not be a City
issue but a County issue. He noted that the area is a 40 mph speed zone. Berg added that traffic
often travels quite fast in this area. Fritzler stated that Sunday traffic is also heavy with boat and lake
use traffic. Planning Commission members reiterated their concerns with pedestrians crossing
Shadywood Road.
Lindquist moved,Smith seconded,to recommend approval of Application#01-2694,
BayWind Christian Church,2477 Shadywood Road,granting approval of a conditional use
permit,subject to submittal of plans regarding lighting,screening,signage, play area and
dumpster screening,as well as a letter from the Freshwater Biological Institute regarding use
of the parking lot.
Ayes 7,Nays 0.
PAGE 14
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2694 Baywind Christian Church,Continued)
Heckel expressed his appreciation for the patience and fairness the Planning Commission and City
have shown the church representatives in working with their applications.
(#7) #01-2696 ABC SUPPLY COMPANY,INC. 2765 WAYZATA BOULEVARD,
CONDITIONAL USE PERMIT,8:59 p.m.-9:38 p.m.
Myron Dahl, Manager of ABC Supply Company, Don Jeziorski, Lessee for ABC Supply Company,
and Steve White, property owner,were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger explained that ABC Supply has been leasing the VCI Capital building since March of
2000. ABC Supply is a wholesaler and warehouser of building and construction supplies including
roofing,windows, and siding sold exclusively to contractors. Wholesale and warehouse businesses
are permitted uses in the Industrial district. ABC has been using a portion of their yard for outside
storage and such storage is only allowed as a conditional use in the Industrial district. ABC also
leases the north 125' of the lot to the south and is proposed to be used under the conditional use
permit for outside storage. The conditional use permit would allow ABC permanent outside storage
of stock materials. Orono's zoning code does not define permanent or temporary outside storage.
Staff has discussed with ABC how the outside storage is handled. Often ABC receives materials at
night or early in the morning,then will unload the trucks, leave the materials in storage for a short
period of time, and then deliver within a day or two to a job site. Staff had told ABC that as long as
the materials were on the property for no longer than 72 hours,temporary storage would be allowed.
Other cities typically allow 48 to 72 hours for temporary storage,which allows for Friday deliveries
to be handled on Monday mornings when the business reopens.
The property area at 450 Old Crystal Bay Road is 2.3 acres with a 32,000 s.f. facility used to house
construction materials.
The conditional use permit requires screening to buffer the storage area and its activities from
surrounding lots. Lots to the east and north of the property are also industrial properties. However,
lots to the west are proposed for medium density development of 2-4 units per acre in the
Comprehensive Plan and would need some type of buffering. The new Highway 12 is proposed to
the south of the property. The screening or fence is required to be not less than 5' in height that
would be located along the west property line not less than 50% opaque. The City also has the
ability to require landscaping with trees, shrubs and other types of groundcover. Staff has a plan
which proposes a raised berm with plantings on and around the berm. This would screen an area that
currently has pallets stacked two high and approximately 6' in height.
The site is served by a 26'wide driveway with access from Old Crystal Bay Road and a staging area
where trucks load and unload. A shared loading dock is located on the neighboring property.
Employee parking is permitted and required on the site with a 75' setback for parking. With the
building located 100' from Old Crystal Bay Road, a 75' setback with a 20' parking space doesn't
PAGE 15
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2696 ABC Supply Company,Inc.,Continued)
allow enough area for parking and maneuvering of vehicles on the west side of the building. This
may require the parking to be within 60' of the right-of-way. Customer and visitor parking are
located approximately 6' outside the building entrance where 10' is required. The Applicants have
requested to continue to use the parking area as it exists.
ABC has both summer and winter business hours. Outside regular business hours there may be
delivery trucks entering the site and waiting for the business to open, or the truck may pull in, drop a
trailer and leave. Deliveries are typically made with semi trucks. There have been some phone calls
stating that trucks have been idling all night long. This type of activity has the potential to generate
excessive noise and odors that would go off site. The Zoning Code has performance standards which
allows the City to protect the public safety and health against such things as noise, smoke,toxic or
noxious matter, odors,vibration and glare.
Lighting is consistent with other industrial and commercial areas with standard wall pack lights on
the building to provide security. No excessive glare is visible at the property lines. A large flood
light located on the south side of the building is of concern.
For safety and fire reasons, Staff recommends that the entire 26' roadway through the facility be left
open at all times.
Weinberger stated the issues for discussion should include the following:
— Location and operation of outdoor storage area, including screening
— Parking-location and screening
- Noise
- Hours of operation
- Lighting
- Traffic
- Use of outdoor storage area and compatibility with surrounding properties
Staff recommends approval to allow the outside storage, subject to the following conditions:
1. Activity related to outside storage shall be limited to the hours specified by ABC as
their regular business hours.
2. All parking related to the operation of the business shall be limited to the areas
designated on the plan and approved by the City of Orono. Parking areas are
required to be a hard, all-weather, durable,dust-free surface material, and
appropriate screening shall be provided for all parking areas on-site.
3. Light sources must not be visible beyond the property boundaries.
4. Conditions shall be placed on the limits of activity that occurs during non-business
hours, including deliveries,transporting materials on site and parking of business
related vehicles.
PAGE 16
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2696 ABC Supply Company,Inc.,Continued)
5. Screening shall include an elevated berm with evergreen plantings on and around the
berm with the intent to protect the residential properties located west of Old Crystal
Bay Road, a final landscaping plan shall be submitted for review prior to the Council
Action.
6. All noise generated by the operation of the business shall not exceed the allowed
noise levels as set by the City of Orono Noise Ordinance.
7. Any other conditions as the Planning Commission feels necessary to protect the
public safety and health from noise, smoke,toxic or noxious matter, odors,vibration
and glare.
Jeziorski stated that they realize additional landscaping is required and were looking for Staff and
Planning Commission recommendations.
Steve White, property owner, stated he was in attendance to answer any questions. There were no
other public comments.
Lindquist asked if the Applicant had any problems with the staff suggestions. Jeziorski replied that
he didn't but had not seen the plan for the berm prior to the meeting. Lindquist expressed concern
that the Applicant had not had sufficient opportunity to review the plans. Jeziorski stated that they
had been considering either berming or fencing with privacy slats.
Weinberger stated that there was an existing berm created approximately two years ago. The
proposed plan would be an expansion of the existing berm. Hawn asked for clarification of the type
of vegetation to be used on the berm. Weinberger suggested evergreens for year-round protection of
the site, but other trees and shrubs could also be considered as part of the plan.
Stoddard asked if there had been any input from neighboring properties. Weinberger responded that
a couple anonymous calls had been received regarding idling truck noise at night.
Jeziorski stated that independent truck companies make deliveries. They are requested to give a 24-
hour notice but they don't always do that. Trucks could come at any hour of the night and wait for
the business to open. The applicants are willing to post the property but couldn't post the road or
right-of-way. Hawn asked if it was possible for the trucks to park somewhere and turn off the
engine. Dahl stated there was only one fence with a gate that is locked at night.
Hawn stated that the ABC business had the potential problem of idling trucks, and it would be their
problem to resolve rather than the City's.
Weinberger stated it was possible that delivery trucks could park off site(truck stops)or in the 100'
of driveway that isn't locked, and a sign could be posted on the gate indicating no idling engines.
Jeziorski stated that a truck with a diesel engine would not shut it off.
White stated it may be possible to use the Drop Ship parking lot after hours.
PAGE 17
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#01-2696 ABC Supply Company,Inc.,Continued)
Fritzler indicated that a police officer could ask an idling truck to move to the other side of the
building to the Drop Ship parking lot if he was aware of the regulation. Most of the time,the truck
driver would move his truck. If the truck driver refuses to move,the police could possibly issue a
citation for violation of the noise ordinance.
Stoddard felt that with a property the size of ABC's,there should be a way to address the parking
issues.
Hawn referred to the bituminous parking. Jeziorski confirmed that the employee parking would be
bituminous. Gaffron referred to the parking setback issue and the possibility of a variance request.
Jeziorski confirmed that there was a maximum of 12 employees which would require 12 employee
parking spaces. Stoddard asked if there was a way to avoid a variance by getting the employee
parking inside the gated area. Jeziorski replied that they are still working on the plans. Gaffron
asked if there was any possibility of leasing more space to the south of the outside storage. Jeziorski
stated they were looking at options for employee parking and fencing.
Jeziorski addressed the flood light issue. He stated that it was only used for emergencies and would
only be used during business house. Planning Commission members did not object to use for
emergencies.
Mabusth asked how many delivery trucks ABC has in the storage area. Jeziorski replied there are
four trucks - one semi,two cranes,and one conveyor truck. He added that they were currently
stocked at their maximum capacity because of the busy construction season. Inventory is greatly
reduced from November to March. Employees are also reduced to 6 or 7 in the winter.
Jeziorski stated that if the application were tabled, he could prepare a landscape plan with the berm
and trees. Hawn requested that he also work on a parking plan without variances.
Smith asked if the new Highway 12 plan would affect their business. Jeziorski replied that ABC was
not a destination for that traffic since they work with contractors and deliver the product to job sites.
Hawn moved, Lindquist seconded,to table Application#01-2692, ABC Supply Company, Inc., 2765
Wayzata Boulevard, requesting a conditional use permit to allow outside storage.
Ayes 7,Nays 0.
PLANNING COMMISSION COMMENTS
(#9) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS JUNE 25,2001 AND JULY 9,2001
Smith stated she attended the June 25`h Council meeting and commented that the Council reviewed
the same issues as the Planning Commission regarding the BayWind Church application and came to
the same conclusions as the Planning Commission.
PAGE 18
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(Report of Planning Commission,Continued)
Mabusth stated she attended the July 9th meeting where Council denied the application for the
Cables on Ivy Place for their request to allow an ice house to remain on the property. Council tabled
the application on Park Drive for a garage addition because Council couldn't find sufficient
hardships. Mabusth distributed information on variance hardships received from John Shardlow and
Bruce Malkerson.
(#10)PENDING BOAT STORAGE ORDINANCE REVIEW-PRELIMINARY DISCUSSION
Planning Commission members felt a work session would be the best method to discuss boat storage
and discuss the information provided by Gaffron in the memo dated July 10, 2001.
Gaffron explained that because notice was giving prior to the July 9 Council meeting when boat
storage was initially discussed,potentially it could be considered a public hearing. Gaffron added
that it was the intent to have a Planning Commission work session, draft a proposed ordinance
amendment following the work session which would be at a public hearing at the next Planning
Commission meeting, and then have the ordinance go to Council for adoption at the end of August.
Gaffron indicated that the public at the Council meeting were interested in having larger
boats that they could store on their property without screening.
Stoddard requested that Gaffron review two things prior to the work session.
1) White plastic versus blue plastic. He had heard that in the south white is used
because it doesn't absorb the heat; while blue plastic is used in the north
because when there is heavy snow or ice,the blue plastic absorbs and melts
the moisture.
2) Seasonal storage. He has observed some boats that have been on a property
year-round for several years.
Fritzler commented that vehicles that are unlicensed and inoperable are addressed in Orono's
code, however boats are not. It may be an option to pursue for boats as well. Gaffron stated
that these ordinances have been enforced by the Building and Zoning staff rather than the
Police Department.
A work session to discuss boat storage was scheduled for July 31 at 8:00 a.m. in the Council
Chambers.
(#11) OTHER ISSUES FOR DISCUSSION
None
PAGE 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 16,2001
(#12) PLANNING COMMISSION APPROVAL OF MINUTES FOR MAY 21,2001 AND
JUNE 18,2001
Berg moved,Lindquist seconded,to approve the minutes of the May 21,2001 Planning
Commission meeting as submitted.
VOTE: Ayes 7,Nays 0.
Berg moved,Hawn seconded,to approve the minutes of the June 18,2001 Planning
Commission meeting as submitted.
VOTE: Ayes 7,Nays 0.
(#13) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON
JULY 23,2001 AND AUGUST 13,2001
July 23 -Hawn
August 13 - Stoddard
ADJOURNMENT
Berg moved,Smith seconded,to adjourn the meeting at 9:43 p.m.
There being no further business to discuss,the meeting was adjourned at 9:43 p.m.iEli th Hawn, Chair
PAGE 20