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HomeMy WebLinkAbout07-15-1991 Planning Commission MinutesPlanning Commission PUBLIC ATTENDANCE Council CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) NAME OR NUMBER ADDRESS PRESENT FOR (from agenda) 1 MA C 6 jjVLT 4 Y L49 CY2 Ir 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ATTENDANCE 7:00 P.M. •The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Jeffrey Johnson, Maureen Bellows, Ed Cohen, Candace Rowlette and Sara Moos. Charles Schroeder arrived at 7:09 p.m. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Councilmember Jabbour was also present. Kelley called the meeting to order at 7:00 p.m. ( #1)ZONING FILE #1661- SAMUEL MCCLOUD RECORD LOTS 16 & 22, BIG ISLAND SUBDIVISION OF A LOT LINE REARRANGEMENT -CLASS I Carter DeLaittre, Attorney, was present on behalf of Samuel McCloud. Kelley opened the Public Hearing at 7:00 p.m. Gaffron displayed a survey depicting the parcels involved with Mr. McCloud's application, and summarized the issues pertaining to the requested subdivision as outlined in his July 9, 1991 memo. Gaffron stated that he views Mr. McCloud's request as an opportunity to clean up several unfinished matters pertaining to these parcels. There were no comments or concerns on behalf of the public, • and Kelley closed the Public Hearing at 7:03 p.m. It was moved by Cohen, seconded by Bellows, to recommend that Council approve the Subdivision of a Lot Line Rearrangement, subject to the appropriate lot combinations taking place, and that lots 70 and 71 be considered as substandard, unbuildable record lots. All voted aye. Motion carried. ($2)ZONING FILE #1663 -MARK JOHNSON 4465 BAYSIDE ROAD PRELIMINARY SUBDIVISION Mark Johnson was present. Kelley opened the Public Hearing on this matter at 7:37 p.m. He stated that in light of the issues involving this property that have yet to be resolved (see Jeanne Mabusth's July 8, 1991, memo), this application should be tabled. It was moved by Cohen, seconded by Kelley, to table application #1663 until such time that the issue of duplex use violation has been resolved, and septic testing, confirming suitable area for principal and alternate on -site septic systems, has been done. All voted aye. Motion carried. • - 1 - ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 (#3A)ZONING FILE #1659 -BIG ISLAND, INC. RECORD LOTS 12 & 19, BIG ISLAND VACATION OF PUBLIC RIGHT -OF -WAY • Ralph Hatch, a representative for Big Island, Inc., was present. The Public Hearing was convened by Kelley at 8:10•p.m. Mabusth noted that she had spoken to a representative of the DNR, who advised that they concurred with the Vacation, based on the ownership pattern and the fact that the property is located in a 5 -acre Zoning District. Kelley closed the Public Hearing at 8:12 p.m., as there were no public concerns or comments pertaining to this application. It was moved by Bellows, seconded by Cohen, to recommend that Council approve the Vacation of an unimproved dedicated right -of -way as proposed. All voted aye. Motion carried. ( #3B)ZONING FILE #1606 -BIG ISLAND, INC. RECORD LOTS 12 & 19, BIG ISLAND, INC. CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING Continuation of the Public Hearing on this application began at 8:26 p.m. Mabusth summarized the various issues outlined in her July 5, 1991 memo. She noted that, in terms of the number of persons that may use the facility at any given time, Big Island Inc., . will be subject to the same ordinance controls as Big Island Vets Camp. Attendance is limited to a user level in relation to total area, and not total membership to total area. No more than 100 persons may use the facility at the same time. In the event that should occur, it will be necessary for Big Island, Inc., to obtain a large assembly permit. Ralph Hatch advised that Big Island, Inc., currently has 38 shareholders. He said, "I took my family to Big Island on Father's Day, and we were the only people there. There is not a high intensity of use. The facility receives the most use on Memorial Day, Labor Day, and the Fourth of July, and then there are approximately 75 people. We have the ability to control the number of persons that attend those functions because it is done on a reservation basis." Kelley asked if the City has any method of enforcement. Mabusth advised that there have been no problems in the past with the use of this facility, due mainly to the fact that it is accessible by boat only. Kelley suggested that Mr. Hatch should make all 38 ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #3B)ZONING FILE #1606 -BIG ISLAND, INC., CONTINUED •shareholders aware of the 100 person limit. Hatch advised that there will be a stockholders meeting on the 22nd of July, and each member will be advised of the regulations. Mabusth referred to a letter that had been received from Debra Page, Attorney for Mr. and Mrs. Erickson, Big Island property. owners. She stated that the letter calls out three items that she felt should be conditions of approval. One of the items mentioned is the issue of fire rings and barbecue pits. Mabusth asked Hatch if such items exist. Hatch replied, "We have one fire pit that sits high on the hill behind the fence area, just east of the volleyball court. That is the only fire pit on the premises." Mabusth stated that the same fire protection required for Big Island Vets Camp will have to be provided in this case. She said, "It is not appropriate to have fire extinguishers on a seasonal island property stored outside, but the method of fire protection for the Vet's camp, utilizing sand pails, blankets, and water barrels, may be more appropriate in this case as well." Hatch advised that there are a number of fire extinguishers within the residence /club house. Mabusth stated that Ms. Page has also requested that the City be advised of all changes in membership that occur with an amendment of the Big Island, Inc., By -laws. Hatch said, "That is agreeable to us, and we have already discussed that and it will be on the agenda for the Board of Directors meeting." Mabusth asked Mr. Hatch if he had received a copy of Ms. Page's letter. Hatch indicated that he had received a copy of the letter. Kelley also discussed the need to maintain the number of slips to 15, and suggested that be added as a condition of approving the Conditional Use Permit. There were no comments from the public regarding this application, and Kelley closed the Public Hearing at 8:32 p.m. It was moved by Johnson, seconded by Rowlette, to recommend that Council approve a Conditional Use Permit for Seasonal Recreational Use for Big Island, Inc. All voted aye. Motion carried. • -3 ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #3C)ZONING FILE #1660 -BIG ISLAND, INC. RECORD LOTS 12 & 19, BIG ISLAND, INC. CONDITIONAL USE PERMIT /VARIANCE - PUBLIC HEARING • Kelley opened the Public Hearing on this matter at 8:12 p.m. Hatch provided a large aerial photograph of the area, showing the swimming dock location. He explained that the dock is mainly used as a place for parents to sit and watch their children that.are swimming. The shoreline is extremely rocky and that the more flat, less rocky elevations are 15 to 20 feet above the shoreline. The dock provides quick, safe access to young children in swimming. There were no public comments regarding this application, and Kelley closed the Public Hearing at 8:18 p.m. It was moved by Kelley, seconded by Bellows, to recommend that Council approve a hardcover Variance for Big Island, Inc., to repair an existing swimming dock /deck, provided that the structure not exceed its existing size. Motion, Ayes -6. Johnson, Nay. Motion carried. Johnson stated that recommending approval of a deck within the 0 -75 foot setback area may set a negative precedent. ( #4)ZONING FILE #1646- TRINITY LUTHERAN CHURCH 2060 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT- CONTINUATION OF PUBLIC HEARING Jerry Jones, an authorized representative for Trinity Lutheran Church, was present. 0 At 7:05 p.m., Kelley continued the Public Hearing on this matter, and asked Mabusth to make her opening comments. Mabusth advised that at the June 17, 1991 Public Hearing on this application, a resident expressed concern about the proposed outdoor lighting at the door on the north side. She explained that- since that time, she received additional information regarding the light, indicating that it will not be used for security purposes. The light will be indirect, and turned on only when the facility is being used. There were no additional comments from the public regarding this application, and Kelley closed the Public Hearing at 7:07 p.m. It was moved by Bellows, seconded by Johnson, to recommend that Council approve a Conditional Use Permit for church use, specifically involving a storage building and additional lighting. All voted aye. Motion carried. (Planning Commissioner Schroeder arrived at this point in the meeting.) - 4 - • ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #5)ZONING FILE $1647- GERALD BENOIT 3403 EASTLAKE STREET • VARIANCES- CONTINUATION OF PUBLIC HEARING Kelley noted Gerald Benoit's presence, and the Public Hearing on this matter reconvened at 8:35 p.m. Gaffron provided a brief overview of the issues involved with Mr. Benoit's application for setback and hardcover Variances and a Conditional Use Permit (see Michael Gaffron's June 11 1991 memo). He displayed and explained the proposals as shown in sketches labeled "Option A ", and "Option B ", noting that Staff is recommending "Option B ". With respect to the flood plain issue, Kelley asked Mr. Benoit if his property experienced flooding during the storm of 1987. Benoit indicated that he did not purchase the property until 1989. Gaffron stated that he does not recall a time when the creek overflowed while he has been employed with the City of Orono. He advised however, that he had contacted the DNR and Minnehaha Creek Watershed in light of the fact that flooding could occur. He said, "DNR and Watershed District advise that they would probably issue a permit as long as the garage slab is placed above the flood plain elevation, or at the 935 elevation. Gaffron stated that the previous owner of the property used a pipe to discharge laundry water directly into the creek. Gaffron advised that Steve Weckman, the City's Septic Inspector, is in the process of investigating that. He asked Mr. Benoit if he is aware of the pipe, and whether it is still being used. Benoit indicated that he was not aware of the pipe. Kelley asked Benoit for his opinion regarding Staff's recommendation to proceed with "Option B ". Benoit stated that he had no objection to using Option B. Johnson asked Benoit if he had given any consideration to constructing an attached garage. Benoit advised that he preferred to have a detached garage, and had not given any consideration to attaching it to the house. Bellows noted that, given the age of the existing house, and the condition of the footings or foundation of the house, attaching the garage may not be a wise thing to do. Gaffron added that attaching the garage to the house would • 5 ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #5)ZONING FILE #1647- BENOIT CONTINUED not alleviate the need for setback Variances. There were no public comments regarding this application, • and, at 8:42 p.m., Kelley closed the Public Hearing. It was moved by Bellows, seconded by Moos, to recommend that Council approve front, side street, and hardcover Variances, as outlined under Staff's Option B, as well as a' Conditional Use Permit, allowing work to be done in the flood fringe area, subject to minimum garage slab elevation of 935.01, and any further conditions that may be imposed by the Watershed District. It is further recommended that approval of this application be subject to removal of any potential septic system discharge conduits. Rowlette asked if the issue of septic system and holding tanks needed to be addressed in conjunction with this application. Gaffron said, "Constructing a garage does not change the fact that there is no legal place to put a septic system on the property now, or ever. Absent City sewer becoming a reality in the next year, I would approach Council and suggest that they authorize Staff to deal with septic systems on a more intense basis in this area than we have in the past years." All voted aye. Motion carried. ( #6)ZONING FILE #1656- DONALD L. MEYER 485 PARK AVENUE VARIANCES- PUBLIC HEARING Kelley noted that Donald Meyer was present, and opened the Public Hearing on this application at 7:09 p.m. Mabusth gave a brief explanation of the Variances sought by Mr. Meyer in order to construct a single story addition, which includes a deck, to his existing residence. She referred Planning Commission to the applicant's hardship statements. (See Jeanne Mabusth's memo dated July 1, 1991.) Kelley noted that Mr. Meyer had provided a statement from the adjacent property owner, John Gerhardson, that .indicated he had no objections to Mr. Meyer's construction plans. Rowlette commented that she had seen an old septic tank that was being filled in. Meyer confirmed that he had located the old septic tank on the property and was filling it in. At 7:12 p.m., Kelley closed the Public Hearing, as there were no comments from the public. Bellows stated that Mr. Meyer had nowhere else to construct the addition. ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #6)ZONING FILE..$1656 -MEYER CONTINUED It was moved by Cohen, seconded by Bellowsr to recommend hat Council approve the side setback Variance, and the nine foot separation between the principal and detached accessory structures. All voted aye. Motion carried. ( #7)ZONING FILE #1658- LYNDON S. "BILL "__STUBBS 255 FOX STREET RENEWAL VARIANCE- PUBLIC HEARING Bill Stubbs was present for the review of this application. The Public Hearing was opened by Kelley at 7:13 p.m. Mabusth stated that, had it not been for the delay in the Title Registration for this property (a requirement that must be completed prior to the issuance of a building permit), this application would not have come back to the Planning Commission. Kelley stated that he has an opportunity to view this property frequently. He asked Mr. Stubbs if it is still his belief that the property will support a single - family home. Stubbs noted that the person wishing to purchase the property was present this evening. He stated that the gentleman has thoroughly examined the property, and wants to build a home on it. Kelley asked Mabusth whether there are any indications that he building envelope on this property has changed in light of rainfall received this year. Mabusth replied, "Staff has noted no change. The City has recommended that the drainageway be redefined so that it no longer fans out as it approaches the wetland." Kelley expressed concern about the eventual failure of the septic system on this property. He questioned how the City can be assured that adequate notification regarding the limited septic capacity is given to the property owner. Mabusth advised that Council's approval included the establishment of development guidelines. It will be necessary for any person wishing to develop the property to first meet with City Staff to discuss the special development standards. She added that the standards included a requirement whereby the septic drainfield would be metered and monitored so as not to exceed the capacity- of 600 gallons. The structural development was to be limited to 15% of the building envelope east of the drainageway, which would allow a building pad of approximately 4,500 s.f. Kelley asked the public in attendance if anyone had 0 - 7 - ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #7)ZONING FILE 11658 - STUBBS CONTINUED questions or comments regarding this application. There was no response and at 7:20 p.m., Kelley closed the . Public Hearing. Bellows commented that it may be necessary to' have some control over the driveway on this property, from a hardcover and location standpoint. It was moved by Johnson, seconded by Kelley, to recommend that Council renew the lot area Variance for Bill Stubbs at 2555 Fox Street. Motion, Ayes -6, Nay -0, Bellows abstained.' Motion carried. ( #8)ZONING FILE #1662 - RICHARD & COLLETTE ROBERTS 1937 FAGERNESS POINT ROAD VARIANCES- PUBLIC HEARING Richard and Collette Roberts were present. The Public Hearing was opened by Kelley at 7:23 p.m. Gaffron reviewed the issues involved with the Roberts' application for Variances to construct a new home, as set forth in his July 9, 1991 memo. Kelley asked Richard Roberts if he had talked with neighboring property owners about his construction plans. Roberts replied, "I have talked, extensively, with my • neighbors about our plans. They would like to see a new house on the property." Kelley stated that he basically had no objections to the Roberts' application, but questioned why hardcover within the 75 -250 foot zone could not be held to 25 %. -R- oberts was of the understanding that the house must meet a 50 foot setback from the street, and that the additional 2.4% of hardcover results from having such a long driveway. Gaffron stated that the setback for the LR -1C Zoning District is 30 feet, rather than 50. Roberts indicated that he would have no problem moving the house forward to meet a 30 foot setback. Kelley suggested that the applicants may wish to consider their future construction plans when determining where to place the house. He encouraged the Roberts to plan their construction so hardcover will not be exactly 25 %, but perhaps a bit under, if possible. - 8 - • ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #8)ZONING FILE #1662 - ROBERTS CONTINUED Rowlette stated that she had seen a parking area near the 40 lakeshore across from the Roberts' house. She questioned whether that area would be removed. Roberts replied, "All of the hardcover on the lakeside of the property will be eliminated. That will include' the area of plastic and sand." Gaffron stated that, technically, a would be required for such a project to 0 -75 foot setback. He suggested, however fact that the applicants are cleaning up that they be allowed to just proceed additional approval. Conditional Use Permit take place within the that in light of the an existing situation, without the need for It was the consensus of the Planning Commission that the applicants should be allowed to remove the sand with underlying plastic and parking area without seeking a Conditional Use Permit. There were no comments from the public pertaining to this application, and Kelley closed the Public Hearing at 7:28 p.m. Johnson agreed that if the applicants construct the house so that it will conform with the hardcover standards, he would have no objection to recommending approval of the lot area and lot width Variances. • Gaffron confirmed that moving the house up to the 30 foot setback line would reduce the hardcover in the 75 -250 foot setback area by approximately 3 %. It was moved by Johnson, seconded by Rowlette, to recommend that Council approve a lot area and lot width Variance for the construction of a new residence at 1937 Fagerness Point Road, and that hardcover be maintained at or below the required percentage. Kelley added for the record that the applicants tried in good faith to acquire additional property. All voted aye. Motion carried. ( #9)ZONING FILE #1664- WILLIAM H. BOCKMAN 1090 LOMA LINDA AVENUE VARIANCES- PUBLIC HEARING Kelley noted William Bockman's presence and opened the Public Hearing at 7:29 p.m. Gaffron gave a brief description of the existing and proposed hardcover for Mr. Bockman's property, as outlined in his July 9, 1991 memo. Kelley closed the Public Hearing at 7:34 p.m., as there were ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #9)ZONING FILE $1664- BOCKMAN CONTINUED no public comments or concerns regarding this application. Rowlette stated that she would prefer to have the applicant construct the deck so that it will meet the hardcover requirements. She indicated that she and Mr. Bockman had discussed various options of reducing hardcover, such as removing the cement pieces by the back door, and redesigning the deck stairs. Bockman stated that he would have no difficulty keeping hardcover to what now exists. It was moved by Rowlette, seconded by Johnson, to recommend that Council approve an average lakeshore setback and side setback Variance for the construction of a deck at 1090 Loma Linda Avenue, with no increase in hardcover. All voted aye. Motion carried. ( #10) #1665- THOMAS MCCARTHY 1424 BALDUR PARK ROAD VARIANCES- PUBLIC HEARING The applicant, Thomas McCarthy, was present, as was his Architect, Michial Mularoni. Kelley opened the Public Hearing at 7:39 p.m. Mabusth provided an overview of the issues involved with Mr. McCarthy's application, as she more fully set forth in her July is 1, 1991 memo. She asked the Planning Commission whether they would consider the proposed overhang as hardcover. Kelley indicated that the Planning Commission, when reviewing similar applications involving overhangs, has taken a position that overhangs do constitute hardcover. . Planning Commission members agreed with Kelley. Kelley asked Pularoni to explain the reasoning behind the unique design of the proposed garage. Mularoni explained that the garage was designed to enhance the visual aesthetics of the property as one approaches it from the street, and to make the most of what currently exists without adding a significant amount of hardcover. He noted that hardcover within the 75 -250 foot setback area would be reduced with the plan he is proposing. Kelley asked where visitors to the property would park if the garage is constructed as planned. Mularoni stated that the parking capacity would be reduced - 10 - • ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1931 (110)ZONING FILE #1665 - MCCARTHY CONTINUED by one car. • Kelley asked the Planning Commission to give their opinions regarding the need for a two -car garage. Bellows and Cohen indicated that two -car garages are a basic necessity because of the inclement weather in Minnesota. Bellows added, however, that she does not want the use of any property on Baldur Park Road intensified beyond its existing state. She noted that the existing two -car garages on Baldur Park Road appear to be a minimal size, and have a single door for access. Bellows said, "I do not feel that anything about this proposal is justified." Rowlette indicated that she too was concerned about the size of the proposed garage addition. Kelley asked Rowlette if she would prefer a standard two -car garage and one parking space outside the garage. Rowlette answered in the affirmative. Johnson concurred with Bellows and Rowlette. He stated that, given the extremely small lot sizes on Baldur Park, any improvement constitutes a fairly significant intensification of the property. Mularoni suggested that the sketch of the proposed garage may be misleading to the Planning Commission. He stated that the proposed garage is only a few feet wider than a standard two -car garage, and will be shorter than the existing single stall garage. Johnson said. "That may be true, but the garage has more of a broad face, which gives the appearance of intensification, especially with the walkway through the middle of the structure." Mularoni commented that if the walkway were not located in the middle of the structure, it would be located off to the side, and there would then have to be an additional walkway behind the garage. He said, "The shortest distance between two points is a straight line. The reason I designed the garage this way is because if I had designed a standard two -car garage, with a walkway-along the side and across the back, there would have been more hardcover." Kelley stated that normally the Planning Commission focuses largely on hardcover issues. However, in this case, the impact of driving down Baldur Park Road and seeing structure after structure piled on top of one another is of equal concern. • - 11 - ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #10)ZONING FILE $1665 - MCCARTHY CONTINUED Mularoni stated that he could have opted to remove the existing garage to construct an attached two -car garage. However, that would still have required a front yard setback Variance, and would have had more of an impact on the existing tree. He said, "The plan we are now proposing will only encroach on approximately 20% of the root zone of the tree." Rowlette said, "If the applicant constructs a standard two -car garage, then the front of the garage would extend straight across. The way it is now proposed, the garage addition will be set back farther from the street to allow for parking. If parking in front of the garage is eliminated, then there will have to be a parking area off to the side. Perhaps the standard two -car garage would be worse than what is being proposed." Mularoni added, "My client objected to having a flat expanse of garage door as the focal point of the entrance. I tried to design something that would be a bit more pleasing to the eye, while providing the most direct access to the house, and keeping hardcover to a minimum." Kelley raised the issue of fire protection as another concern. He stated that there would be no room for a fire truck to get back to the house if the proposed garage structure is constructed across the front of the property. The front of the proposed garage will be 31 feet wide, and the width.of the lot is only 50 feet. Mularoni advised that there is a well on the property that • could be used in the case of fire. He showed that the well is located just beyond the roof overhang. Gaffron informed Mularoni that State law requires a minimum of three feet from structure, which in this case would be the overhang.. - -- Mularoni stated that the well is three feet from the overhang. Bellows asked how the well would be maintained, given its location, if the proposed garage is constructed. Mularoni stated that another well could be dug if the existing well required repair. Kelley indicated that the issue of the well is entirely separate. Johnson reiterated that he is concerned about the intensification of this property and-the overall visual effect it will have on the neighborhood. He said, "I would recommend - 12 - ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #10)ZONING FILE 11665- MCCARTHY CONTINUED ,approval, of the existing deck, and the construction of an • additional stall onto the existing garage." Bellows said, "I hesitate to intensify, which in this case means to convert non - structural to structural hardcover, this property in any way. I would recommend denial of the request to add anything on to the existing garage." Cohen concurred with Johnson, though he was sympathetic to the Architect's attempts to create a visually pleasing structure. He did believe that the applicant is entitled to a two -car garage. Rowlette also agreed that the applicant should have .a two -car garage. She was unsure, however, whether any other construction alternatives would result in hardcover reductions for the property as is now proposed. Schroeder asked Mularoni if he had given any consideration to designing a long garage which would require one car to be parked ahead of the other, rather than side by side. Mularoni stated that the thought had crossed his mind, but such a configuration would eliminate a large portion of landscaping, and given the minimal setback from the neighboring property on that side, he gave it no further consideration. Schroeder stated that what Mr. tularoni is proposing is more *pleasing to the eye than what one would view in the case of a typical two -car garage with a single door. He suggested that he would favor the proposed plan more if the middle walkway section could be narrowed. Moos indicated that she too favored a two -car garage, but that the proposed structure is too overwhelming. Kelley suggested tabling this application to provide the opportunity for the applicant and his Architect to revise their plan. It was the Planning Commission's consensus that the existing deck could be replaced with a deck of equal size. Bellows recommended that Mularoni work with Staff on the issues of the well and fire protection. It was moved by Kelley, seconded by Johnson, to table application #1665. All voted aye. Motion carried. At 8:55 p.m., Michial Mularoni and Thomas McCarthy returned to the meeting, and asked the Planning Commission if they would 0 -13 - ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #10)ZONING FILE 31665 - MCCARTHY CONTINUED reconvene the Public Hearing and vote to recommend approval or denial, rather than tabling. Mularoni amended the application so • that it would now propose removal of the overhang structure. It was moved by Kelley, seconded by Johnson, to reconvene the Public Hearing on Zoning application #1665. Mabusth noted that it was possible to reconvene the Public Hearing in this case because there were no members of the public present for the Public Hearing. All voted aye. Potion carried. It was moved by Kelley, seconded by Bellows. to recommend that Council deny the application presented by Thomas McCarthy. Kelley noted that he did not object to the Variances associated with the replacement of the existing lakeshore deck, but objected to the Variances sought in connection with the garage. Motion, Ayes -5, Rowlette, and Cohen, Nay. Motion carried. Cohen stated that despite the size of the proposed garage, the fact that hardcover would be reduced from what now exists outweighed that. Rowlette agreed with Cohen that the reduction of hardcover, in her opinion, was more important than the size of the garage. ( #11)ZONING FILE #1666- MICHAEL HILBELINK 2180 PROSPECT AVENUE RENEWAL VARIANCES- PUBLIC HEARING Don Becker, owner of the subject property, indicated that he was present. Kelley opened the Public Hearing at 8:45 p.m. 0 Mabusth noted that the applicant has amended his proposal which requires a less intense side street setback Variance. Kelley asked Mabusth if she had heard anything from the property owner to the north. Mabusth indicated that she had heard nothing from the Jentiluccis, and that they were not present this evening. Kelley closed the Public Hearing at 8:47 p.m. It was moved by Cohen, seconded by Rowlette, to recommend that Council approve the lot area and. side street setback Variances, for Michael Hilbelink's property located at 2180 Prospect Avenue. All voted aye. motion carried. ( #12)ZONING FILE #1667 - WHITNEY MACMILLAN 1700 FOX STREET VARIANCES - PUBLIC HEARING Kelley noted that Mr. and Mrs. MacMillan were present, and opened the Public Hearing at 8:47 p.m. 14 0 ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 (112)ZONING FILE #1667 - MACMILLAN- CONTINUED Mabusth advised that the MacMillans are seeking a Variance to the City's clean fill standards. Bellows stated that had taken some additional time to look into this matter. She said, "I found that absolutely no one contradicted anything that Mrs. MacMillan had said about her attempts to resolve this matter. Contrary to what was said previously, I do think there is some responsibility on the City's Building Inspection Department. when they have been working closely with a project, to be aware of all aspects of it. I believe that the P4acMillans exercised diligence in trying to make sure that this was taken care of adequately. They were caught in the midst of a rule and system change." Kelley noted that he had been out to the site recently and had seen pieces of tar and cement just off of the old main driveway. He asked Mactlillans if they intend to do more work in that area. Mrs. MacMillan stated that more topsoil would be hauled in and the area would be landscaped and planted with evergreens. Rowlette asked Staff if anything could be done to assure that the various Fire Departments servicing the City of Orono are notifying persons of the proper demolition procedure. Mabusth advised that Staff has informed the Fire Departments *of the problems that are arising with the demolition permit process, and has asked that Fire Departments inform persons of the need to obtain a demolition permit from the City whenever a structure is scheduled for a burn. In light of there being no comments from the public, Kelley closed the Public Hearing at 8:50 p.m. It was moved by that Council approve standards. Kelley st the septic tanks have the City's Newsletter for various projects. Bellows, seconded by Cohen, to recommend a Variance to the City's Clean Fill ated that he wanted Staff to confirm that been filled in. Bellows suggested using to advise persons of the need for permits All voted aye. Motion carried. ( #13)HARDCOVER- STATUS OF WEED CONTROL FABRICS Gaffron advised the Planning Commission that this matter had been referred back to them by Council, who wished to have a more defined method of utilizing weed control fabrics. Kelley questioned whether it will be possible to differentiate between woven and non -woven fabric after each has been on the ground for several years. 0 -15 - ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 ( #13)WEED CONTROL FABRICS CONTINUED Gaffron stated that it is easy to differentiate between the two fabrics when first installed, but was uncertain if that would be the case after a period of time. He added that it is uncertain whether the fabric will last five years. Gaffron asked the Planning Commission for their views on the use of non -woven fabric in the 0 -75 foot setback. He noted that allowing the use of the fabric in this area, could result in someone completely covering the 0 -75 foot area with landscaping. Kelley asked, "Isn't the ability to enforce the use of non -woven fabric versus woven fabric or plastic the key issue here ?" Gaffron stated that without the benefit of a permitting process for the installation of weed control fabrics, it will be difficult to enforce. Cohen indicated that nothing has ever been allowed within the 0 -075 foot setback area. Bellows believed that there is much more to this issue, than just whether or not to allow the use of non -woven fabric within the 0 -75 foot setback area. She said, "I think there is the issue of chemical use, and other implications, such as visual quality. If we want to see the 0 -75 foot setback area remain green and grassy, then how many chemicals will be allowed. I think we should be addressing this from the aspect of what we want to occur within the 0 -75 foot setback area. The best 0 protection for the lakeshore banks is to allow for long, uncut grass. I believe this subject should be considered by a group that deals with lake issues. This is not a simple hardcover issue." Rowlette stated that the unregulated fertilizing of lawns is a serious issue for consideration. Kelley agreed with Bellows and Rowlette, but believed that it will be virtually impossible to regulate the use of non -woven fabric. Johnson stated that the City has not, in the past, regulated the use of plastic. He added that various degrees of permeability exist for woven versus non -woven fabrics, and that such is the case for the various types of soil. He said, "There are certain types of soil that are as impermeable as landscaping plastic." Schroeder noted that the statistics indicate that there is an advantage to using the fabrics as opposed to plastic, and in light of that, people should be encouraged to use the fabric. He - 16 - 0 ORONO PLANNING COMZIISSION MEETING HELD JULY 15, 1991 ($13)WEED CONTROL FABRICS CONTINUED suggested that it may be appropriate to assign a certain hardcover factor to the fabric. Bellows agreed with Kelley that enforcing the use of fabrics could be a real problem. She reiterated that there are more issues that need to be considered in conjunction with the fabric issue and that a comprehensive approach should be taken, rather than one that is piecemeal. The Planning Commission agreed that a handout addressing the hardcover issue, such as the one used by the City of Eagan, would be helpful. Kelley polled the Planning Commission members for their opinions regarding the following: Whether landscaping fabric should be used within the 0 -75 foot setback area. He asked how many members believe fabric should not be used in this area. Johnson was undecided. Kelley, Bellows, Cohen, Schroeder and Moos did not want to see anything used within the 0 -75 foot setback area. Rowlette indicated that it may be appropriate to use fabric in that area. Kelley asked if the fabric is used in the 75 -250 foot setback area, and is only considered to represent a fraction of hardcover, should the percent of hardcover allowed within that area be increased to compensate for the use of fabric. Johnson and Rowlette indicated that they would favor increasing the allowed percent in the 75 -250 foot setback area if fabric is used. Kelley, Bellows did not agree. Cohen. Schroeder, and Moos were undecided. Cohen indicated that he is concerned about the fabric being a relatively new concept, and that it may have drawbacks that have not yet been discovered. Johnson stated that, currently, people can landscape the entire area within the 75 -250 foot setback area, provided they have nothing but ground below it. He questioned what difference there would be, given the permeability of fabric, if people use the fabric and landscape the entire 75 -250 foot setback area. He stated that the method of calculating hardcover is too difficult now. If the fabric is assigned a hardcover factor to be used in the calculation, people will not even attempt to follow the City's standards. Kelley indicated that, for the time being, there had been sufficient discussion on this topic. He asked Bellows if she had anything to report in terms of the progress of the Facilities Committee. 0 - 17 - ORONO PLANNING COMMISSION MEETING HELD JULY 15, 1991 (014)CITY FACILITIES COMMITTEE REPORT AND PLANNING COMMISSION REPRESENTATIVE COMMENTS: Bellows reported that the Committee has held one meeting, where preliminary, but broad issues were discussed. Issues discussed included the type of facility desired, general aesthetic criteria. The facility will be constructed on the northeast parcel, and the architect has been directed -to come back with drawings that show a building that will conform more to the site. The architect was advised that the City does not wish to grant Variances to itself for this project. Bellows stated that the second meeting of the Committee will be held Tuesday, July 16, 1991. Bellows informed the Planning Commission of Council's action taken on each of the zoning items on the Agenda for the July 8, 1991, Council meeting. ( #15)STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVES Schroeder reported that the Lake Use Committee meeting focused on the process of conforming the City's shoreland regulations to those of the DNR. He stated that Michael Gaffron has prepared an excellent line -by -line comparison. Kelley added that one of the major issues is the way in which the lakes within the City of Orono are designated. He stated that the DNR has prepared definitions, and related regulations and setbacks. Gaffron advised that the next meeting is scheduled for July 24, 1991 at 7:00 p.m. ( #16)OTHER ISSUES Councilmember Jabbour commended Candace Rowiette for her efforts in attempting to work with the City of Long Lake to help them better understand Orono's position on a corridor for Highway 12. APPROVAL OF MINUTES It was moved by Cohen, minutes of the June 17, 1991 voted aye. Motion carried. seconded by Kelley, to approve the Planning Commission meeting. All PLANNING COMMISSION REPRESENTATIVE It was agreed that Candace Rowlette would attend the .August 12, 1991 Council meeting as the Planning Commission Representative. ADJOURNMENT The July 15, 1991, Planning Commission meeting adjourned at 9:43 p.m. • • •