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•
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
ROLL
The Orono Planning Commission met on the above date with the following members present:
Chair Elizabeth Hawn,Commissioners William Stoddard,Jeanne Mabusth, Dale Lindquist, Sandra
Smith,Alternate Commissioners J. Marc Fritzler and David Rahn. Commissioners Janice Berg and
Daniel Kluth were absent. The following represented City Staff. Planning Director Michael Gaffron,
Zoning Administrator Paul Weinberger,Zoning Administrator Wendy Bottenberg, and
Recorder Jackie Young. City Council Representative Barbara Peterson was present.
Chair Hawn called the meeting to order at 6:30 p.m.
OLD BUSINESS
(#1) #01-2689 MANDEEP SODHI,4080 DAHL ROAD,AFTER-THE-FACT VARIANCES
AND CONDITIONAL USE PERMIT,6:30 p.m.—6:31 p.m.
Hawn moved,Mabusth seconded,to table Application#01-2689,Mandeep Sodhi,4080 Dahl
Road,to allow the Applicant time to submit additional information. VOTE: Ayes 7,Nays 0.
(#2) #01-2699 JAY AND KENDALL NYGARD, 1386 REST POINT ROAD,VARIANCES,
6:31 p.m.—6:32 p.m.
Hawn moved,Mabusth seconded,to table Application#01-2699,Jay and Kendall Nygard,
1386 Rest Point Road,to allow the Applicant time to submit additional information.
VOTE: Ayes 7,Nays 0.
Item Nos.3 and 4 follow Item No. 5
(#5) #01-2708 MICHAEL AND JEANIE MCCLELLAND,2170 MINNETONKA AVENUE,
VARIANCES,6:32 p.m.—7:05 p.m.
Michael and Jeanie McClelland,Applicants,were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicants are requesting variances to permit a six-foot fence to be located in a
defined side-street yard where no fences over 3.5 feet in height are permitted. Weinberger stated a
50 foot setback is required in this district.
Weinberger stated a six foot fence was constructed last year to replace a fence that had existed on the
property line. Staff has allowed the fence to remain until a decision is reached on this application.
The existing fence will need to be removed because a portion of the fence is located in the Minnetonka
Avenue right-of-way. The Minnetonka Avenue right-of-way separates the Applicants' lot from an
adjacent lot to the south. City Code does allow fences as a non-encroachment within required yard
areas; however,the height of the fence cannot exceed 3.5 feet if located in a street yard. The
PAGE 1
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2708 Michael and Jeanie McClelland,Continued)
Applicants' property is defined as a corner lot with two street yards and is located within the RR-1B
Zoning District.
Staff is recommending approval of the application based on the fact that the property is a corner lot
with one street frontage located adjacent to a non-developed street that is not planned to be further
developed or improved. The side yard adjacent to the street functions as an interior side lot line.
The total width of the right-of-way is 40 feet,which would mean the fence would need to be located
40 feet from the nearest adjacent property line. Staff further recommends the"finished" side of the
fence be towards the south adjacent property owners and public right-of-way.
McClelland stated the original fence existed in this same location ever since they purchased the
property back in 1980, and to his knowledge has not been a problem. McClelland indicated he does
have a letter from one of his neighbors expressing support for the fence.
Mrs. McClelland stated the fence was removed last year to accommodate a neighbor's son to hold a
wedding in their back yard. In addition,the original fence was damaged by a fallen tree,with a new
fence being constructed to replace the damaged fence.
Smith inquired what the purpose of the fence is.
McClelland stated it is primarily for privacy reasons. McClelland stated at the time he purchased the
property he was told the fence was located ten feet within the property line and did not find out the
actual location of the property line until approximately two years ago.
Hawn noted the letter is from Barbara Frank.
Barbara Frank, 1233 Briar Street, indicated the fence has been there for a long time and that she is
not opposed to the fence.
Tom Roth, 1251 Briar Street, stated he is the one who complained about the fence. Roth noted the
fence was down for approximately one year prior to being replaced. Roth stated he would like the
fence to be constructed the proper way-Roth stated he has concerns regarding snow storage in this
area,noting Orono tends to pile snow along the fence. Roth also expressed concerns regarding the
storage of a motor home, boats and trailers parked on this property.
Hawn stated the issue of the motor home,boats and trailers is not an issue before the Planning
Commission tonight. Hawn suggested Roth attempt to work with the McClellands or bring the matter
to the attention of City Staff to see whether the outdoor storage issue can be resolved. Hawn noted the
Applicant is agreeable to relocating the fence out of the right-of-way and is entitled to have a 3.5 foot
fence on the property line under Orono's Ordinances. Hawn stated the question before the Planning
Commission is whether a variance will be granted to allow a six-foot fence.
Weinberger stated he has not spoken with the Public Works Department regarding snow removal in
this area, but to his knowledge there is approximately nine to ten feet of area adjoining Minnetonka
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
•
(#01-2708 Michael and Jeanie McClelland,Continued)
Avenue where the snow can be stored. Weinberger stated to his knowledge there has not been an issue
with snow storage in this area since the fence has existed for a number of years.
Roth stated he would be agreeable to a six-foot fence if it is located off the property line.
Hawn reiterated the issue before the Planning Commission tonight is whether to grant a variance for a
six-foot fence.
Frank indicated the fence has always been six feet in height.
Lindquist inquired whether a hardship existed for the six-foot fence.
McClelland stated if he is required to have a 50-foot setback,he would be left with half his yard.
Hawn stated the hardship needs to be imposed by the land justifying the need for a higher fence.
McClelland indicated the property to the south is unsightful.
Lindquist stated in order for the Planning Commission to grant a variance, a hardship must be
demonstrated which is inherent to the land.
McClelland stated the property to the south is being used for scrap iron storage,with the house
currently being unsided. McClelland stated he would prefer not to have to look at that.
Hawn stated unfortunately that hardship is not imposed by the land.
Fritzler agreed that there does not appear to be a hardship.
Rahn noted the fence had existed for a number of years prior to being removed and that residents are
allowed to replace structures that are existing. Rahn noted the fence does not abut an adjoining
property.
Hawn stated since this is considered a corner lot,they are essentially dealing with two front yards.
Hawn commented in her view due to the undeveloped nature of Minnetonka Avenue, she would
consider this to be a side yard rather than a front yard.
Weinberger stated Staff looked for unusual property conditions on this lot and determined that it is a
corner lot. One of the criteria for a hardship is that the lot does not have the same characteristics or
is unique in some fashion to the other lots in the area. Weinberger stated the intent of the ordinance is
to maintain a consistent fence height for fences on corner lots. Weinberger stated the uniqueness of
this lot is that there are only two lots along Minnetonka Avenue,with no improvements being planned
for this street.
Mabusth inquired whether there are any utility lines within the right-of-way along the undeveloped
portion of Minnetonka Avenue. Mabusth commented that perhaps this right-of-way was intended to
be for storage of snow.
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2708 Michael and Jeanie McClelland,Continued)
Weinberger stated there is a portion of the public road that is required for access to the property.
Mabusth inquired whether the vehicles and boat could be stored elsewhere on the property.
McClelland stated he is unable to store the vehicles in the back and that he stores the vehicles in this
area to enable him to plow his driveway.
Hawn commented it appears the storage of the RV, boat, and snowmobiles may be an irritant to the
neighbors and that perhaps the applicant may want to see whether they are in compliance with the
City's ordinances or attempt to relocate the vehicles in an effort to satisfy the neighbors.
McClelland stated he has attempted to improve neighborhood relations.
Rahn commented the height of fences along front yards tends to deal with sight lines and safety type
issues. Rahn stated that does not appear to be an issue in this case.
Stoddard indicated he is okay with Staff's recommendations for a six-foot fence. Stoddard
recommended the applicant talk with Staff prior to the City Council meeting regarding storage and
licensing of the vehicles and boat stored outside on his property. Stoddard further recommended the
Public Works Department be contacted to see whether snow storage is in issue in this area.
McClelland noted the vehicles are licensed.
Stoddard moved,Mabusth seconded,to recommended approval of#01-2708,Michael and
Jeanie McClelland,2170 Minnetonka Avenue,granting of a variance to permit a six foot fence to
be located in a defined side-street yard subject to the recommendations contained in the
September 5,2001 Planner's Report. VOTE: Ayes 5,Nays 2,Lindquist and Smith Opposed.
Smith and Lindquist indicated they do not see a hardship in this case to grant the variance.
(#01-2702) FINE LINE DESIGN GROUP,3551 LIVINGSTON AVENUE,RENEWAL OF
VARIANCES,7:06 p.m.—7:30 p.m.
Steve Behnke,Applicant,was present.
Bottenberg stated this application was tabled at the August 20, 2001 Planning Commission meeting
due to the failure of the Applicant to be present at the meeting. The Applicant is requesting a renewal
of variances granted in 1997,to allow the replacement of the existing residence on this substandard
lot, with a new residence. The existing residence and shed were demolished in June of 1998.
Bottenberg stated a variance to lot width is being requested,with the lot being 50 feet wide where 100
feet is the minimum lot width for the LR-1C zoning district for new construction. In addition, a
variance to lot area is also being requested. The lot is .15 acre where 0.5 acre is the minimum lot area
for the LR-1C zoning district for new construction.
PAGE 4
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2702 Fine Line Design Group,Continued)
At the August 20, 2001 Planning Commission meeting there were concerns over drainage raised by
adjoining neighbors. The Applicant has submitted a revised survey showing a drainage plan. The
City Engineer has reviewed the plan and has visited the site.
Staff is recommending approval of the application subject to the following conditions:
1. The Applicant provide pre and post development drainage calculations prior to City Council
review.
2. The Applicant grant drainage and utility easements per the City Engineer's recommendation.
Behnke indicated he does not have a problem with Staff's recommendations.
Hawn inquired whether the Applicant is familiar with the drainage issues in this area.
Behnke stated the drainage problems apparently go well beyond the boundaries of this lot. Behnke
stated they are taking steps not to contribute greatly to the drainage problems in this area and are
proposing what is allowed by ordinance.
Mabusth stated the City did conduct an engineering review for a storm water project in this area, with
a majority of the neighbors being opposed to the project. Mabusth noted it appears this area is not a
high priority for the City.
Hawn stated she does have a concern since one neighbor appears to be bearing the brunt of the water
runoff in this area and more drainage may be created as a result of this application. Hawn stated in her
view the City may have some obligation to relieve the water runoff for the Cuff property.
Karen Cuff, 3572 Livingston Avenue, expressed a concern that the water runoff through her property
will increase as a result of the additional hardcover that will result if a larger residence is constructed
on this lot.
Mabusth inquired whether Cuff has spoken with anyone at the City regarding this application.
Cuff stated she did speak with the engineer and was told the water would be diverted to the street.
Cuff indicated the water runoff from the street does go through a catch basin located on her property,
with there not being a storm drain currently in the street. Cuff stated in her view the City does need to
take some responsibility for the water runoff and that additional water runoff should not be allowed to
go through her property.
Stoddard inquired whether there were any pending projects for this area.
Gaffron stated to his knowledge there are no projects pending for this area,with this area not being a
high priority of the City. Gaffron stated the amount of money that might be generated for these types
of projects through the proposed"Stormwater Utility Fee" is relatively small and may result in very
few projects being completed in a year. Gaffron stated the catch basin on Blaine Avenue was
PAGE 5
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2702 Fine Line Design Group,Continued)
probably installed in the early 1980s,but may be too high to solve the Cuff drainage problem. Gaffron
stated in his opinion the plan presented in 1991 for this area would have solved the problem,but
unfortunately a majority of the neighbors were unwilling to pay for the costs of the project.
Gaffron stated the request by the City Engineer for drainage calculations may help determine whether
there will be any additional water runoff through the Cuff property. Gaffron stated the 10-foot
easement is very necessary in the event storm sewer is installed in this area in the future.
Hawn stated in her view the variance is appropriate in this case,although Cuff's situation is terrible.
Hawn stated the property owner does have rights to build a structure on this property.
Cuff stated in her opinion the Applicant does not have the right to make her situation any worse than
what it currently is.
Rahn inquired whether this is going to be a gable end home with the ridge running front to back.
Behnke stated it is. Behnke stated the garage runs front to back, with the roof running left to right.
Rahn noted they are requesting 1,100 square feet for the house,with 1,500 square feet being allowed.
Hawn inquired whether there is any temporary type of relief that could be done.
Gaffron stated there is nothing that this property owner should be required to do other than following
the recommendations of the City Engineer,which may consist of some temporary storage on the lot.
Hawn inquired whether the City could provide some relief.
Gaffron stated the City did review this area in 1991,with the conclusion of the City being that they
were not going to take on a project that the neighborhood was not in support of Gaffron indicated at
this point the City has no plans to address the water runoff in this area.
Rahn inquired whether a more detailed drainage plan would assist at all. Rahn stated there is no doubt
the larger size house will result in an increase in water runoff.
Hawn inquired whether water runoff calculations have been submitted.
Gaffron stated Staff could possibly determine what the water runoff was previously and what it will be
with the new residence,with some onsite ponding perhaps being necessary. Gaffron stated under City
Code the Applicant is required to get the water to the street,with no use being permitted resulting in
water runoff causing erosion or flooding on adjacent properties,with such water runoff being properly
channeled to a storm drain or other suitable facility. Gaffron stated the City really does not have any
other regulations controlling water runoff except for subdivisions, which this situation is not.
PAGE 6
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2702 Fine Line Design Group,Continued)
Lindquist stated in his opinion the City is required to grant the variances for a house and that a
condition of approval can be to require the Applicant to submit water runoff calculations and possibly
construct some type of water retention pond.
Behnke stated irregardless of whether a retention pond is constructed in the area,the amount of water
runoff will remain the same. Behnke stated due to the small size of the lot, it would be difficult to get
onsite percolation and controlling the rate of water is possible to prevent erosion.
Lindquist stated the neighbor is getting penalized by having a house built on this property, and if the
variances are not granted,the owner of this property is being penalized. Lindquist stated in his view
the City should take some steps to address this situation.
Stoddard suggested that this application be red-flagged,with the Public Works Department looking at
this area to determine whether some steps should be taken to address the water runoff in this area.
Behnke stated the question comes down to whether it is possible to do something to reduce the water
runoff from the house to the street. Behnke stated if the house is pushed further back on the lot, it
would result in an increase in hardcover. Behnke stated in his view it is going to come down to the
recommendation of the City Engineer based upon the water runoff calculations.
Smith stated in her view the Planning Commission needs to have a drainage plan as well as the
calculations prior taking action on this application.
Behnke stated a drainage plan has been submitted.
Smith inquired whether Staff feels the drainage plan meet the pre-situation.
Bottenberg stated in her view it does not.
Smith inquired whether the City Engineer has delineated what needs to be done in this area based
upon the drainage calculations.
Bottenberg stated the City Engineer's recommendations are contained in his September 10th letter.
Behnke stated he submitted a drainage plan in response to the request made at the previous Planning
Commission meeting. Behnke stated the calculations were requested in order to provide the amount of
runoff that is anticipated.
Smith stated the next step is for the Applicant to respond to the City Engineer's request for the pre and
post calculations.
Hawn pointed out the only variances being requested are for lot area and lot width,with the structure
being in compliance with City's ordinances. Hawn stated in her view the water runoff in this area is a
City responsibility and that the individual property owners should not be required to take steps to
address this situation.
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2702 Fine Line Design Group,Continued)
Mabusth stated the problem is the velocity of the water and that, if possible, some retention should be
provided to help slow the water runoff down.
Behnke stated he would like this application to proceed to the City Council along with the drainage
calculations.
Hawn stated there should also be a strong recommendation to the Council that they review the
drainage in this area.
Rahn stated the lot area does have a direct bearing on the water runoff.
Lindquist noted the Applicant is entitled to 1,500 square feet structural coverage on this property.
Lindquist moved,Stoddard seconded,to recommend approval of Application#01-2702,Fine
Line Design Group,3551 Livingston Avenue,granting a renewal of variances for lot area and lot
width to permit the construction of a new residence on the lot,subject to the Applicant
providing pre and post development drainage calculations prior to the City Council meeting,
subject to the Applicant granting a ten foot drainage and utility easement,and further subject to
compliance with all the other City Engineer's recommendations,with the strong
recommendation the City Council review its options for alleviating the water drainage in this
area,in particular on the Cuff property. VOTE: Ayes 6,Nays 1, Smith Opposed
Smith stated she would prefer to have the Planning Commission review what steps will be taken by
the developer in order to address the recommendations of the City Engineer prior to this application
proceeding to the City Council.
NEW BUSINESS
(#4) #01-2706 RICHARD AND JANE STARK,815 PARTENWOOD ROAD,RENEWAL OF
VARIANCES,7:31 p.m.—7:34 p.m.
Richard and Jane Stark,Applicants,were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Starks have recently purchased this property and would like to renew the
variances granted to expand and remodel an existing residence to include a four stall garage and
additional living area. The variances were granted in 1997, 1998, 1999, and 2000 for lakeshore
setback to be located 34 feet from the lakeshore where 75 feet is required and for hardcover in the
0-75' setback where 20 percent is existing and 15.3 percent is proposed.
Stark had nothing to add to Staff's report.
PAGE 8
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2706 Richard and Jane Stark,Continued)
Hawn inquired whether it is the intention of the Applicant to build the exact same house that variances
have been approved in the past.
Stark stated it is his belief that he will be.
There were no public comments regarding this application.
Lindquist moved,Hawn seconded,to recommend approval of Application#01-2706,
Richard and Jane Stark,815 Partenwood Road,renewal of variances for lakeshore setback and
hardcover to permit the expansion and remodeling of the existing residence.
VOTE: Ayes 7,Nays 0.
(#6) #01-2709 RICHARD R. SHULL,2285 FRENCH LAKE ROAD,VARIANCES,
7:34 p.m.—7:38 p.m.
Mr. and Mrs. Richard Shull,Applicants,were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicants are requesting variances to hardcover,average lakeshore setback,and
structural setbacks for a Natural Environmental Lake to permit an addition to the east end of the
residence and an entryway over existing steps. The Applicant is proposing to construct a two-stall
garage consisting of 576 square feet to the east end of the residence and a new entry way consisting of
80 square feet over the existing steps. Both the addition and the entryway are within 150 feet of a
Natural Environment lake. The proposed garage will be located over existing driveway,with the
Applicant proposing to remove approximately 800 square feet of driveway. The existing garage will
be converted into a screen porch, office, laundry room, and storeroom.
Staff is recommending approval of the variances for the garage addition and new entryway.
Shull had nothing to add to Staff's report.
There were no public comments regarding this application.
Stoddard noted at the time this residence was constructed only a 26 foot wetland setback was required
rather than 150 feet. Stoddard stated he is in support of this application.
Mabusth noted it also results in a reduction of hardcover. Mabusth noted the adjacent properties
cannot be seen from the Applicants' property.
Rahn inquired whether there is a detached garage on the property.
Shull stated there is no detached garage but rather an attached garage,which will be converted into
living space. Shull stated the new garage would be located next to the old one.
PAGE 9
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2709 Richard Shull,Continued)
Smith moved,Hawn seconded,to recommend approval of Application#01-2709,Richard R.
Shull,2285 French Lake Road,granting of variances to hardcover in the 0-75' area,average
lakeshore setback,and the structural setbacks for Natural Environment Lakes to permit an
addition to the east end of the residence and an entryway over existing steps.
VOTE: Ayes 7,Nays 0.
(#7) #01-2710 DONALD AND JOANNE DAVIDSON,568 KEENE AVENUE,VARIANCES,
7:39 p.m.—7:50 p.m.
Donald and Joanne Davidson,Applicants,were present along with Dave Harrison,Project Architect.
The Certificate of Mailing and Affidavit of Publication were noted.
Gaffron stated the Applicants are requesting variances to lot area, lot width, and front, rear and side
yard setbacks to permit the construction of a new residence on a vacant lot. The lot consists of.52
acres and is located within the RR-1B District,which has a two acre minimum lot size.
Gaffron stated the functional definitions of what is a front, side, and back yard for this lot do not
necessarily match the City's Code. Technically this lot is considered a corner lot,with the short side
along undeveloped Fox Street being considered the front by definition. However, since Fox Street
will likely never be developed as a roadway in this area,for purposes of this variance request and for
development on this lot,the west lot line along Keene Avenue will be considered as front,the east line
as rear, and the line along Fox Street right-of-way will be considered as a side street lot line.
Gaffron stated the proposed residence meets the City's standards of 15 percent for structural lot
coverage. The property is allowed 3,397 square feet of structure,with the proposed residence being
exactly 3,397 square feet.
Gaffron noted the property was assessed for a sewer unit as part of the Minnetonka Bluffs Sewer
Project in the early 1980s, but has been vacant for a number of years. Gaffron stated the Public Works
Director has reviewed this application and approves the two curb cuts.
Dave Harrison stated he is available to answer questions.
John McAlpin, 559 Russell Avenue, requested clarification of where the sewer connection is located
and what setback variance is being required.
Gaffron noted the required setback variances.
McAlpin inquired what plans the Applicants had for landscaping the area.
Davidson stated it is his intention to leave the area natural.
Smith indicated the packet is public information and is available for review by any interested citizens.
PAGE 10
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2709 Richard Shull,Continued)
Harrison noted Staff has requested a drainage plan for this site. Harrison stated they are in the
preliminary stages of planning and are not sure whether this plan will be feasible. Harrison inquired
whether the submission of a drainage plan could be delayed until the time a building permit is applied
for.
McAlpin stated in his view the drainage in this area is very manageable.
Lindquist moved, Stoddard seconded,to recommend approval of Application#01-2710,
Donald and Joanne Davidson,568 Keene Avenue,granting of variances to lot width,lot area,
and front, rear and side yard adjacent to street setback to permit construction of a new
residence,subject to an acceptable drainage plan being submitted for review and approval by
City Staff,and with the understanding no additional structural coverage will be permitted above
the 15 percent limit. VOTE: Ayes 7,Nays 0.
(#8) #01-2713 DIANE AND DOUGLAS MERZ,380 TURNHAM ROAD,AFTER-THE-FACT
VARIANCE,7:51 p.m.—7:54 p.m.
Doug Merz,Applicant,was present.
Bottenberg stated the Applicants have applied for an after-the-fact variance to permit a three foot
overhang that was added when the roof was shingled in 1998. At that time a permit was issued for the
roof work but the roof extension was not part of the permit. The roof extension is over the front
entrance and extends approximately three feet beyond the existing roof line and is approximately
14 feet wide.
City Staff recommends approval of the after-the-fact front yard and side yard setback variances.
Merz had nothing to add to Staff's report.
There were no public comments regarding this application.
Lindquist inquired why a building permit was not obtained for the overhang.
Merz stated he obtained the building permit for the roof in 1998, and did not utilize it in 1998. Merz
indicated sometime between 1998 and 1999,they decided to change the entrance into the house,with
the work commencing in 1999.
Stoddard inquired how the City became informed of the overhang.
Hawn indicated the City learned of the new overhang at the time a neighbor came in requesting a
variance.
PAGE 11
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2713 Diane and Douglas Merz,Continued)
Stoddard moved,Smith seconded,to recommend approval of Application #01-2713,Diane and
Douglas Merz,380 Turnham Road,granting an after-the-fact front yard and side yard setback
variances to permit the construction of a three foot overhang. VOTE: Ayes 7,Nays 0.
(#9) #01-2716 BRENSHELL DEVELOPMENT,2200 SHADYWOOD ROAD,VARIANCES,
7:54 p.m.—8:16 p.m.
Steve Behnke, Applicant,was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicant is proposing to construct a new two-story,three bedroom residence
and detached garage on the lot. The lot is served by sanitary sewer and currently has a house and
detached garage on it.
Variances are required for lot area, lot width, hardcover in the 75-250',hardcover in the 250-500',
lot coverage and average lakeshore setback.
Bottenberg stated Staff is recommending denial of this proposal. Bottenberg indicated the Applicant
has recently revised the plan,which Staff currently does not have,with hardcover and structural
coverage being reduced. Bottenberg stated the revised plan is not before the Planning Commission
tonight.
Behnke stated he revised the plan and did attempt to fax it to the City last week.
Hawn stated Staff really needs to review the plan prior to the meeting.
Behnke stated what he previously submitted was reviewed by Staff,with various variance items being
added based on what was being proposed. Behnke stated this is a substandard lot,with the request for
the lot area and lot width variances still being required. The hardcover in the 75-250' setback area is
not required under the revised plan. Behnke stated the hardcover in the 250-500' setback area has
been reduced.
Lindquist inquired whether a variance is still required in the 250-500' setback area.
Behnke stated a variance would still be required
Mabusth inquired whether the hardcover was reduced in that area by reducing the size of the garage
and the driveway.
Behnke stated that is correct. The size of the structure has been reduced in the 75-250' area,with the
paving and the size of the structure being reduced in the 250-500' area. Behnke stated there is an
existing driveway entrance at the extreme south edge of the property as it abuts Shadywood Road,
which is not proposed to be changed. The site plan creates an auto port,which allows the car to
PAGE 12
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2716 Brenshell Development,Continued)
turnaround and avoid backing onto Shadywood. Behnke stated in his view there are four elements of
hardship in this case consisting of,one,the existing driveway entrance and the fact that Shadywood is
a very busy street;two,the need for a turnaround space to avoid backing out onto Shadywood Road;
three, a need for a triple car garage to provide ample storage; and four, retaining the existing
vegetation along Shadywood,which currently consists of a dense hedge. Behnke noted the structural
coverage has been reduced to 16.2 percent.
Hawn indicated the Planning Commission typically does not grant variances to structural coverage on
new construction.
Stoddard inquired what the hardcover would be in the 250-500' area.
Behnke stated hardcover has been reduced to 58.5 percent.
Hawn commented in her view the Planning Commission and Staff will still need to review the plan
prior to voting on it. Hawn suggested the Applicant consider eliminating the third stall of the garage.
Behnke stated the only way in his view that it will be possible to meet the hardcover requirements in
the 250-500' area is to reduce the garage to a two-stall garage, locate it on the setback, and have a
16 foot driveway with no turnaround. Behnke stated in his view that creates a traffic hazard.
Hawn stated the Planning Commission does sometimes allow additional hardcover in order to address
certain safety issues.
Behnke stated it appears the water goes to the right of the property and they are looking at their
options for drainage.
Barry Bennett, 2208 Shadywood Road, indicated he welcomes new development to the area which
will add value to the neighborhood. Bennett requested the Planning Commission require the
Applicant comply with the standards of the neighborhood,noting this home is significantly larger than
the homes in the area.
Bennett stated he would like a string test from the adjacent property to the north and his property,this
home does not conform with the standard. Bennett stated the revised proposal has the house situated
even closer to the lake,which definitely does not conform with the standard for the area. Bennett
stated he would like the residence moved back closer to Shadywood Road.
In addition,Bennett indicated he does have water concerns since his property handles much of the
water runoff for this area. Bennett stated in his view the hardcover standards should also be adhered
to as well as asbestos removal standards due to the fact that the current siding on the home contains
asbestos.
Ronald Potas, 2190 Shadywood Road, stated he has the same concerns as expressed by Bennett. Potas
stated the proposed house is located 13 feet closer to the lake than the other homes in the
neighborhood.
PAGE 13
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2716 Brenshell Development,Continued)
Hawn noted the revised plan does have the house located further back towards the road. Hawn stated
she would like Staff to work with the Applicant in order to have the residence conform more to the
neighborhood.
Timothy Hulst, 2205 Shadywood Road, stated he would like the house to conform to the standards in
order to help preserve his view of the lake as well. Hulst stated he has concerns regarding the width of
the proposed structure,noting this is a narrow lot.
Hawn noted the Applicant is not requesting any setback variances.
Richard Schiltgen, 2213 Shadywood Road, stated in his view the size of the house is too large for the
property and should be reduced and built within the standards of the neighborhood.
Behnke stated the proposed structure does meet the standards for the 75-250' setback area,with the
250-500' area being an issue. Behnke noted they are currently 208 square feet over the structural
coverage limit in that area, and that possibly the garage could be reduced somewhat.
Hawn reiterated the Planning Commission would consider additional hardcover if safety issues are
demonstrated,but that Staff will need to review the plan prior to the Planning Commission taking any
action on this application tonight.
It was the consensus of the Planning Commission that they would prefer that Staff has an opportunity
to review the plan prior to the Planning Commission acting on the application tonight.
Behnke requested his application be tabled.
Hawn moved,Mabusth seconded,to table Application#01-2716,Brenshell Development,
2200 Shadywood Road,to allow the Applicant time to submit his revised plan for Staff review.
VOTE: Ayes 7,Nays 0.
SCHEDULED PUBLIC HEARING,8:00 p.m.
(#14) #01-2718 PROPOSED ZONING CODE AMENDMENT,SECTION 10.03,FENCE
STANDARDS
Hawn inquired whether there were any members of the audience who would like to speak on this
issue.
There were no public comments regarding this matter.
Hawn stated it is the desire of the Planning Commission to discuss this matter in a work session rather
than taking any formal action tonight. Hawn recommended this item be tabled.
Hawn moved,Lindquist seconded,to table Application#01-2718,Proposed Zoning Code
Amendment,Section 10.03,Fence Standards. VOTE: Ayes 7,Nays 0.
PAGE 14
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#10) #01-2717 TED AND JODY SPOONER,700 TONKAWA ROAD,AFTER-THE-FACT
VARIANCES AND CONDITIONAL USE PERMIT,8:16 p.m.—8:28 p.m.
Ted Spooner,Applicant,was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicants are seeking an after-the-fact conditional use permit and variances to
allow the replacement of existing retaining walls within the 0-75' setback area. A variance is required
since retaining walls are considered hardcover. Bottenberg indicated the work has been completed,
with the Applicant replacing deteriorating and rotten railroad ties with boulder walls. The boulder
walls have been placed in approximately the same location as the timber walls. The City Engineer has
reviewed this site and has included his comments in his September 7, 2001 letter.
Staff had requested a more detailed landscaping plan,with the Applicant submitting a revised
landscape plan. The revised plan includes creeping type plants within the boulders to help screen the
boulders.
Staff is recommending approval of the after-the-fact conditional use permit to allow the boulder
retaining walls and grading to occur within 75 feet of the lakeshore provided no further land alteration
occurs without receiving the necessary permits from the City.
Spooner had nothing to add to Staff's report.
Hawn inquired whether it is the intention of the Applicant to add any additional boulder walls.
Spooner stated he was not aware that a permit was required to complete this work and was told of the
need for a permit when Mark Davis drove by the residence and noticed the work going on. Spooner
stated it was their intention to finish the step up to the top grade,which has not been completed.
Hawn inquired whether the Applicant would like to finish the work.
Spooner stated he would like to finish it up to the top grade.
Hawn noted the hardcover in that area will be increased from 6.6 percent to 7.2 percent in the 0-75'
area.
Thomas Goodyear, 712 Tonkawa Road, stated the Applicant did replace the old retaining walls which
were in poor condition. Goodyear commented in his view the new boulder walls help correct an
erosion problem and helps improve the quality of the water going to the lake. Goodyear stated in his
opinion this is a welcome improvement to what was existing.
Smith inquired what the Applicant's plans are for planting.
Spooner stated basically they are proposing to put in vegetation that would essentially grow over and
cover the boulders as best as possible.
Smith noted the lowest level appears to have been enlarged.
PAGE 15
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2717 Ted and Jody Spooner,Continued)
Spooner stated they have experienced a lot of water runoff,which they have attempted to correct by
building the tiered walls. Spooner stated the slope in this area is somewhat steep.
Hawn inquired whether the runoff problem has been resolved without the additional steps.
Spooner stated he would not need to construct the additional steps in order to address the water runoff
problem.
Rahn noted the Applicant is close to the top grade already.
Spooner stated gaining access to the lake is generally not a problem for him but does pose a problem
for older people due to the steepness of the slope.
Smith inquired whether the revised landscaping plan meets with Staff's approval.
Bottenberg stated it does.
Stoddard commented in his view the contractors doing the work in this area should notify the property
owners of the need to obtain the appropriate permits prior to commencing any work.
Hawn moved,Lindquist seconded,to recommend approval of Application#01-2717,Ted and
Jody Spooner,700 Tonkawa Road,granting after-the-fact variances and conditional use permit
for hardcover and land alteration within the 0-75' setback to allow replacement of existing
retaining walls,with a recommendation of denial for completion of the upper tier steps,subject
to the Applicant complying with his landscaping plan(Attachment FF),with the work to be
completed prior to winter,and with the understanding no additional hardcover will be allowed
within the 0-75' setback area. VOTE: Ayes 7,Nays 0.
Item No.#11 follows Item No.#12.
(#12) #01-2711 WESTERN STEEL ERECTION,INC.,2687 WAYZATA BOULEVARD,
CONDITIONAL USE PERMIT,8:30 p.m.—8:50 p.m.
Chuck Jochims and John Segurzard, Western Steel,were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicants are requesting a conditional use permit that would allow a portion of
the property to be used for outside storage. Outside storage is defined as any area on the property that
would be used for, in this case,the storage of some vehicles, some trailers, and cranes, along with a
boom truck. The Applicants are also proposing to store a 1,000 gallon above ground fuel tank to
supply fuel to their vehicles.
PAGE 16
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2711 Western Steel Erection,Continued)
Western Steel Erection,Inc.,has leased the 16,200 square foot building located at 2687 Wayzata
Boulevard. Western Steel has submitted a revised plan proposing to park 30 vehicles within the
existing building rather than outdoors,with four cranes and welding equipment also being stored
indoors.
Staff has not had a complete opportunity to review the revised plan. The proposed outside storage and
parking area is within the required 75 foot setback to the front property line. Weinberger stated there
is a road easement for Highway 12 along the property. Weinberger stated if the fence is to be
relocated, it should be put in at the 75 foot setback,which would bring it 15 feet closer to
Highway 12.
Staff is recommending all parking areas be paved surface rather than grass and gravel. The parking
and outside storage areas shall be located a minimum of 10 feet from side property lines.
Staff is recommending the following conditions be complied with:
A. Since the outside storage area will be used for vehicles and equipment that is moved on an
everyday basis,the areas shall be located within required parking setbacks. Including a minimum
75 feet or more from the front property line.
B. The parking and outside storage areas shall be located a minimum of 10 feet from side property
lines.
C. A screening plan should be provided, including fencing and landscaping on site in accordance
within zoning requirements.
D. Parking surfaces shall be paved and striped.
E. A final drainage plan,based on required paving and regrading, shall indicate drainage patterns and
stormwater detention areas or drainage areas to properly manage stormwater flowing over and
leaving the property.
F. The site plan shall indicate all proposed parking areas,paving limits, parking lot striping, parking
areas for crane equipment and company vehicles,and open drive space for access and mobility on-
site as well as emergency vehicle access.
Weinberger stated the Applicant may wish since it does not provide adequate screening.
Jochims stated he has nothing additional to add to Staffs report.
There were no public comments regarding this application.
Hawn inquired whether the cranes could be located behind the building.
PAGE 17
,
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2711 Western Steel Erection,Continued)
Jochims stated there is not enough room. Jochims stated the amount of equipment being depicted on
the site plan is the worst case scenario and normally would be much less than that.
Hawn noted Orono's Code requires 35 parking stalls based on square footage. Hawn indicated the site
plan shows 80 employees. Hawn inquired whether this is sufficient parking given the number of
employees.
Jochims indicated they do have 80 employees,with at least one-half of the employees taking the
company owned vehicles home at night and going directly to the job site without coming to this site.
Mabusth inquired whether there is any welding that occurs on the property.
Jochims stated there is a little welding conducted on this property,which will be done inside the
building. Jochims stated a large amount of the equipment depicted on the site plan will be located on
the job site and not on this property.
Lindquist inquired whether they have had a chance to go through Staff's recommendations.
Jochims stated they have not.
Lindquist stated he would like the Applicant to address these issues before approving this application.
Weinberger noted he has been working mainly with Stephanie Jochims on this application, who was
unable to attend tonight's meeting. Weinberger stated the comments in the Planner's Report are based
on their original plan,which has since been revised.
Lindquist reiterated he would like the Applicant to address these issues prior to the Planning
Commission acting on this application. Lindquist stated in his view this application should be tabled
to give the Applicant time to work with Staff on resolving these issues.
Jochims stated they are willing to make the necessary changes.
Lindquist moved,Hawn seconded,to table Application#01-2711,Western Steel Erection,Inc.,
2687 Wayzata Boulevard,to give the Applicant time to work with City Staff.
Gaffron indicated one member of the City Council has requested that the Planning Commission be
provided with a copy of the City's Comprehensive Plan regarding the industrial park. Gaffron stated it
is his view there may be at least one Council member who feels that the City is approving industrial
uses that may not necessarily be meeting their vision of what should be in the industrial park.
Smith noted the Planning Commission does have a copy of the Comprehensive Plan.
Gaffron stated the Applicant may need to look at their options regarding landscaping and screening.
Jochims stated he wants his property to look nice and have his company well represented.
PAGE 18
,
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
VOTE: Ayes 7,Nays 0.
(#11) #01-2715 JOHN M.BAILEY,2807 CASCO POINT ROAD,VARIANCES,
8:51 p.m.—9:14 p.m.
Mr. and Mrs. John Bailey,Applicants,were present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicants are requesting a variance to permit structural repairs and the
addition of a foundation to an existing detached garage located 1.1 feet from the property line. The
purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to be
at an elevation above the driveway and ground around it. The property owners have stated the garage
and driveway are located in a low point and are a drainage backup area. Raising the garage would
allow the garage to be placed above the ground and the driveway and prevent water from pooling
inside the garage.
In addition,the Applicants are requesting a hardcover variance to permit 40 square feet of additional
sidewalk to connect the patio and deck located to the west side of the house. Two years ago the deck
and patio were replaced,with the walkway being added. The total hardcover on the property, before
the sidewalk is 35 percent. Overall in the 75-250' setback total hardcover will be reduced to
27.4 percent. Most of the hardcover that has been removed consists of approximately 1,500 square
feet of landscaping plastic.
Staff would have preferred the Applicants relocate the garage further from the property line.
However,the Applicants have indicated they would prefer the garage to remain in the existing location
since the work being done to the building is to correct a drainage problem. Staff has reviewed the site
and has determined the garage is in very good condition and should not require further structural
improvements. If the Planning Commission recommends approval of this application, Staff would
recommend that the garage meet all requirements of the Fire Code,with all buildings where work is
being done being brought up to State, Building, and Fire Codes.
Bailey stated there is a photograph in the Planning Commission showing the elevation of the land and
the drainage in the area. Bailey stated one corner of the garage is fairly low and results in water
coming into the garage. Bailey stated they would prefer to keep the garage in the same location since
relocating the garage further to the west would make it more cumbersome to exit and enter the garage.
There were no public comments regarding this application.
Bailey stated the plastic was put down in 1995. An old survey was used for the hardcover calculations
which included the plastic. The plastic was subsequently removed in conjunction with some previous
remodeling of the house.
Smith stated her comment was not necessarily directed just to this application but in general to all
applications. Smith stated she would prefer not to see plastic included in the hardcover calculations.
Bailey stated all the plastic has been removed.
PAGE 19
{ t
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2715 John M.Bailey,Continued)
Stoddard moved, Smith seconded,to recommend approval of Application#01-2715,
John M. Bailey,2807 Casco Point Road,granting of a variance to permit structural repairs and
addition of a foundation to an existing detached garage,and granting of a variance to hardcover
in the 75-250' setback to permit 40 square feet of additional sidewalk to connect the patio and
deck located to the west side of the house,subject to the garage meeting all applicable Fire and
Building Codes and a building permit being obtained for the replacement of the deck.
VOTE: Ayes 7,Nays 0.
(#13) #01-2714 FREDERICK PUZAK, 1340 BALDUR PARK ROAD,VARIANCES,
9:15 p.m.—9:45 p.m.
Fred Puzak,Applicant,was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicant is requesting variances to permit new construction on the property.
The Applicant is proposing to tear down the existing residence and construct a new residence. The
property is located at the end of the Baldur Park Peninsula, with the majority of the lot being located
within 75 feet of the lakeshore.
A variance to hardcover in the 0-75' setback area is required to permit 9.8 percent hardcover where
12.4 percent currently exists. A variance to hardcover is also required in the 75-250' setback area to
allow 63.6 percent hardcover where 70.9 percent currently exists. A third variance is required to
permit the house to be located 48 feet from the lakeshore,within the 75 feet required setback.
Weinberger stated one of the main issues with this application is the septic. The property is located
within the MUSA area,with the Applicant's house being the only house on Baldur Park not connected
to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of
the public maintained Baldur Park Road. Due to some issues not within the Applicant's control, he
has been unable to connect to City sewer. In 1982,the Council had approved a preliminary plat
subdivision for two lots between the Applicant's property and the end of the maintained Baldur Park
Road. The Applicant's property is not connected to sewer because he does not have an easement for
utility or sewer purposes out to Baldur Park Road.
Weinberger stated the Applicant has an easement over Lot 31 for private septic purposes. There is one
system located on Lot 31 that is listed as compliant because it is more than three feet above the
seasonal water table. The system is not compliant with all regulations because the entire drainfield
site is located within 75 feet of the lakeshore. In order for the City of Orono to permit construction of
a new home on this site, it must comply with one of the following: one,the new house must be
connected to sanitary sewer service,or two,the new house must be connected to a conforming septic
system meeting all the local and state standards. Since the existing system is located within 75 feet of
the lakeshore,the new house cannot be connected to the existing system. The Applicant must provide
designs for two conforming septic systems on the individual lot on which the house is being
constructed. The Applicant will need to submit septic testing to show that there are two conforming
PAGE 20
r
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2714 Frederick Puzak,Continued)
septic sites. A third option would be that the Applicant obtain an easement for municipal sewer
connection purposes from the adjacent property owner,which to date he has been unsuccessful in
doing.
Puzak stated he was able to amend his plan in response to Mr. Weinberger's report and obtain testing
which demonstrates two suitable septic sites.
Lindquist inquired whether whether they are located on Lot 31 and are more than 75 feet from the
lake.
Puzak stated they are on Lot 31 and are more than 75 feet from the property. Puzak stated SP Testing
did find two septic sites. Puzak indicated he would be willing to connect up to City sewer when it
becomes available.
Lindquist inquired whether those two other lots are considered buildable.
Puzak stated the property owner of those two lots would like to rezone the property to multi-family
and build townhomes on those lots. Puzak stated he is not interested in subsidizing sewer to those two
lots and would like to wait until that property owner connects to City sewer.
Gaffron stated the City would like to see these properties connected to City sewer if at all possible.
Mabusth inquired whether the City has a copy of the lease giving the Applicant the right to have septic
on Lot 31.
Gaffron stated there are copies of that document in the file.
Puzak stated it is actually an easement that he owns.
Stoddard stated in his opinion structural coverage should be limited to 15 percent. Stoddard requested
the building pad be illustrated on the survey.
Rahn inquired why both septic sites are on the adjoining property.
Puzak stated he has a deeded easement over the adjoining property for septic purposes. Puzak stated
he would prefer Option 1 under Staff's recommendations. Puzak stated he is not requesting a building
permit at this time but is requesting variances to proceed forward with construction of a new house.
Hawn noted the adjoining property could not be built on since it has a deeded easement over it.
Puzak stated the old foundation would be entirely removed. Puzak indicated he would like to
construct a new residence in order to accommodate his larger family.
Hawn inquired if Lot 31 is included in the total area,what impact that would have on the hardcover
numbers.
PAGE 21
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2714 Frederick Puzak,Continued)
Weinberger stated the hardcover numbers in the 75-250' setback would be approximately 35 percent.
Gaffron stated there is a possibility that once this property is hooked up to City sewer and the
adjoining property is no longer needed for septic reasons,that the easement may no longer exist.
Puzak stated the easement is still valid even if his property is hooked up to City sewer.
Smith noted a portion of the reduction in hardcover is the result of the removal of plastic.
Puzak stated a small portion of the reduction comes from the removal of plastic,with the remaining
reduction coming from the driveway being reduced.
Mabusth inquired whether the Council would approve new construction within the MUSA area that is
not connected to City sewer.
Gaffron stated the City has approved one other similar situation in the mid 1980s on Saga Hill. The
Council said if the property owner could prove they had adequate septic,they could proceed with
development of that lot without hooking up to City sewer. Gaffron stated in this case the sewer line
does not abut this property,with the property owner at the present time not having access to the sewer
line. Gaffron stated in his view the Applicant faces a hardship by not being able to obtain an easement
in order to connect to City sewer. Gaffron stated the City septic inspector would need to review the
septic sites.
Hawn stated the Planning Commission could table this application in order to allow the septic
inspector time to review the septic sites to determine whether they are conforming.
Puzak stated he has contacted the City's septic inspector who indicated he could complete a review of
the septic areas prior to the City Council meeting.
Gaffron inquired whether the well would be relocated.
Puzak stated the well would only need to be moved at which time a second or alternate site would be
put into effect. Puzak indicated the well is approximately 25 years old and will probably need to be
replaced at about the same time another septic site is needed.
Rahn inquired what the current septic system is designed for.
Puzak stated the current septic system is serving a five-bedroom house. The proposed site could
handle a five-bedroom house.
Gaffron stated the City's septic inspector would need to review the septic sites to determine whether
they will be allowed.
Puzak stated the septic issue would be resolved prior to a building permit being obtained.
PAGE 22
I
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2714 Frederick Puzak,Continued)
Stoddard indicated he is in favor of this application subject to the septic being reviewed.
Hawn noted the Applicant is proposing to meet the 15 percent structural coverage,but will still require
a hardcover variance given the situation.
Lindquist inquired whether there are any bluff issues with this application.
Gaffron stated the area near the lake does not rise high enough to be considered a bluff.
Stoddard noted the lot does have some hardships inherent to the land.
Lindquist stated he would prefer to have the residence hooked up to City sewer if possible and would
recommend to the City Council that they review extending the sewer line in this area. Lindquist stated
he does not have a problem with the application subject to the sewer issue being reviewed.
Rahn inquired when the 1,500 square feet is applied and when the 15 percent is applied.
Hawn stated whichever is more.
Gaffron stated any lot that is under 10,000 square feet is allowed up to 1,500 square feet structural
coverage,with any lot under two acres being allowed 15 percent of the entire lot area.
Puzak stated the structural coverage would be at 15 percent.
Smith noted the total hardcover does increase by over 500 square feet,with the total structural
coverage does increase by over 1,000 square feet.
Weinberger stated there are two sets of hardcover numbers included in the report,with one set
being the total hardcover and the other set including the plastic. Weinberger stated the hardcover
increases by .2 percent in the 0-75' area and decreases in the 75-250' setback by approximately
7 percent.
Smith stated the Planner's Report notes that the total hardcover increases from 1,601 to 2,105 square
feet, and the total structural coverage increase on the property is 1,009 square feet.
Gaffron stated the total hardcover devoted to structure in the 75-250' area increases,which is different
than total hardcover. Gaffron noted the Applicant would be reducing the size of the driveway.
Lindquist pointed out the Applicant is proposing structural coverage at 15 percent.
Smith stated the existing is 10.3 percent. Smith stated the Applicant is adding additional structural
coverage and hardcover. Smith inquired why the hardcover is increasing.
Gaffron stated the report says the total hardcover devoted to structure is increasing.
PAGE 23
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(#01-2714 Frederick Puzak,Continued)
Lindquist indicated the hardcover is actually being reduced.
Gaffron stated that is because the driveway is being reduced. Gaffron stated the existing total
hardcover, excluding plastic, is 48.44 percent,with the proposed hardcover being 45.60, excluding
plastic.
There were no public comments regarding this application.
Lindquist moved,Hawn seconded,to recommend approval of Application#01-2714,Frederick
Puzak, 1340 Baldur Park Road,granting of variances to hardcover and lakeshore setback to
permit the construction of a new residence,subject to two conforming septic sites being verified
prior to this application proceeding to City Council,and further subject to the conditions
outlined on Page Four of the August 13,2001 Planner's Report,with a recommendation to the
City Council that if at all possible connection to City sewer would be preferred.
VOTE: Ayes 7,Nays 0.
PLANNING COMMISSION COMMENTS
(#15) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS ON AUGUST 27,2001 AND SEPTEMBER 10,2001
Lindquist stated he attended the August 27th Council meeting where all planning items were placed on
the Consent Agenda. Lindquist stated the Council did discuss the lake access points.
Hawn inquired whether Gaffron has any information concerning the September 10th Council meeting,
noting Kluth did not attend the entire meeting.
Gaffron stated the boat storage issue was discussed. The Council eventually approved a maximum
length of 30 feet for boats that can be stored outside without screening and grandfathering in all boats
that are presently stored outside that are longer than 30 feet.
Hawn inquired how City Staff would be able to verify that.
Gaffron stated Staff has discussed that issue and are unsure at this time how to deal with that issue.
The Council also approved a five-foot lot line setback,with a 15-foot setback from any neighbor's
house. The Council also approved the requirements for licensing,two years for restoration, and that
the entire lakeshore lot should be available for boat storage. On a nonlakeshore lot the Council
approved a 20-foot or shorter boat to be stored in the front yard or driveway. The Council felt that a
44-foot length boat was too large to be stored on private property and went with a 30-foot maximum.
Hawn inquired whether the grandfathering of the boats goes with the property.
Gaffron stated the grandfathering goes with the boat and not with the property. In addition,the
Council also said they would like Staff to enforce this Ordinance only on complaint.
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r t,
MINUTES OF THE ORONO PLANNING COMMISSION
Monday,September 17,2001
6:30 o'clock p.m.
(Planning Commission Comments,Continued)
Hawn inquired how Staff would be able to determine what boat was there previously if they do not
plan on conducting an inventory of the boats in the area.
Gaffron stated that there would need to be some type of inventory done. The Council also was in
agreement that there be some type of conflict resolution committee established comprised of three
staff members in the event of a length of the existing boats is what has been grandfathered in. Gaffron
indicated Council Member Nygard brought in a copy of the City of Minnetonka's Code, which uses a
400-foot standard for complaints. The Council indicated they did not want to set a specific standard
restricting who could register a complaint regarding boat storage.
Rahn stated the City of Minnetonka has a specific form that needs to be filled out whenever someone
complains as well as a requirement that Staff respond within 48 hours of the complaint. Rahn inquired
whether the person complaining has to be an Orono resident.
Gaffron stated Staff typically finds out the name of the person is that is complaining,which is
typically kept confidential.
(#17) PLANNING COMMISSION APPROVAL OF MINUTES FOR AUGUST 20,2001
Smith requested the minutes be corrected to read that Stoddard was in attendance at the August 13th
Council meeting.
Lindquist moved,Hawn seconded,to approve the minutes of the August 20,2001 Planning
Commission meeting as amended. VOTE: Ayes 7,Nays 0.
(#18) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON
SEPTEMBER 24,2001 AND OCTOBER 8,2001
September 24—Smith October 8—Hawn
(#16) OTHER ISSUES FOR DISCUSSION
The Planning Commission requested Staff schedule a work session for Thursday, October 4th at
8:00 a.m.,to discuss the fence standards.
ADJOURNMENT
Hawn moved,Lindquist seconded,to adjourn the meeting at 10:17 p.m.
VOTE: Ayes 7,Nays 0.
There being no further business to discuss,the meeting was adjourned at 10:17 p.m.
4fdi
lizabeth Hawn, hair
PAGE 25