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HomeMy WebLinkAbout10-21-1991 Planning Commission Minutest Is Planning Conmi ssion Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE W/� PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print) NAME OR NUMBER ADDRESS PRESENT FOR (from agenda) ell I r5 5 S ` GAY- <.'✓w.' , +� . � ,� VA 31 f- - . b;- A, � 1. r ; -4/ t, � :2. 3 • 5. �6 - . 7 . v� Lo N �. 9. 1161 -0 [1 >w,f, /r 12 r�� t.A, A)�- 13. 14. 15. 16. 17. 13. 0-9. 20. NAME OR NUMBER ADDRESS PRESENT FOR (from agenda) ell I r5 5 S ` GAY- <.'✓w.' , +� . � ,� VA 31 f- - . b;- A, � 1. r ; -4/ MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • ROLL • The Orono Planning Commission meet on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, Ed Cohen, Candace Rowlette, Jeff Johnson, and Sara Moos. Charles Schroeder was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett and City Recorder Teri Naab. The following Council Members were present: Mayor Peterson, Council Members Jabbour, Goetten and Callahan. Chair Kelley called the meeting to order at 7:00 p.m. (#1) 441691 CITY OF LONG LAKE, 130 ORONO ORCHARD ROAD NORTH A) AMENDMENT OF COMMUNITY MANAGEMENT PLAN B) REZONING C) PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 — 7:14 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Jeff Roos and Dave Squire were present to represent the City of Long Lake. Chair Kelley noted that there are several issues involved with this application. He noted the first is the proposal to rezone the property from a residential, 2 acre minimum zoning to a residential, 1 acre zoning. He noted that flood plain elevations are missing from the packet. Kelley noted that the Commission should act on the rezoning and send on to the Council for their review on this issue. Roos noted that they have tried to abide by the conditions set forth in the agreement by the two cities in respect to this property. Mabusth explained that the property has not been considered for a PRD as the property did not contain the required 26 acres and would require a variance to the code. The rezoning is permitted because the applicant also seeks sewer and water to the property. Don Swan, 1555 Orono Oaks Drive, was there and his neighbors, opposed the rezoning of acre zone because the land has been barren, built backing up to Orono Oaks Drive, it i and should be maintained, traffic would Orchard Road, and the uncertainty of Highway 1 on behalf of himself the property to a 1 the homes would be s in a rural setting increase on Orono 12 corridor. MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 211 1991 . #1691 — CONT. Teresa Gardella noted that last fall she had submitted a petition from the homeowners on Orono Lane, Orchard Circle and Bollum Lane, who opposed development at less than the 2 acre standard. She noted that if a new petition is needed, she could get that. Sandy Smith, 30 Orono Orchard Road, asked if the proposed plan is compatible with the Comprehensive Plan of Orono. Chair Kelley felt that it is not compatible. Barrett reviewed the background, noting that the property was under an annexation dispute between the two cities. The Council had to consider the best way to protect Orono's values for this property. A proposal was made, in order to settle the dispute, the City of Long Lake would go through the subdivision process and once it had an acceptable plan agreed upon by both cities, it would go to the Municipal Board to allow the City of Long Lake to take jurisdiction over the land, with the restriction that Orono would provide covenants to protect the zoning on that property. He asked the Commission to review the possibility of a PRD. Ardis Poquette, 260 Orono Orchard Road, asked if a survey had been done. Mabusth noted that there was a survey which indicated a total of 25 acres less a half acre for the Metro Waste Control Commission pump station and a half acre for dedication of the public road. Roos noted that the entire property has been surveyed some time ago. Swan asked what the PRD would involve. Chair Kelley noted that PRDs are allowed by the Code which provide for clustering of homes if so warranted by topography of the land, but zoning district standards must still be met. He noted that French Creek and Sugarwoods are PRDs. Swan noted that both those areas are heavily treed, which is not the case on this property. Roos noted that part of the settlement agreement is that this issue will be resolved expediently. He indicated he did not want the application tabled. Chair Kelley noted that they would vote on the rezoning and there would be no discussion on the preliminary plat until the Council has decided on the issue of rezoning. • Moos felt that they should not deviate from the code requirements. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • #1691 - CONT. Bellows noted that the City has not received one favorable call or letter from both Long Lake and Orono residents. Johnson asked if utilities are available in the area. Mabusth noted that all lots can be served with both sewer and water from existing lines. Johnson felt that a PRD is more appropriate. Mabusth asked if they would grant the area variance. Bellows noted that if there is justification to do so. It was moved by Chair Kelley, seconded by Cohen, to recommend denial of Application #1691, City of Long Lake, to rezone property located at 130 Orono Orchard Road North from a 2 acre requirement to a 1 acre requirement. Ayes 6, nays 0. Roos noted that currently they cannot get approval from the MCWD without prior preliminary plat approval from the City of Orono. ( #3) #1626 ERIC WILSON, 2683 NORTH SHORE DRIVE - VARIANCE REVISION - REFERRAL FROM COUNCIL Eric Wilson and Martha Yunker, applicant's architect, were present. Yunker explained that the property was purchased from Mr. Traff who had previous variance approval to build a new residence. The essential difference between the plans is that the garage is now located on the east side of the house. She noted that the Mitchells, neighbors to the west, are agreeable to this plan. Yunker noted that the plan has been revised such that footprint square footage needed for the variance is approximately the same as the Traff proposal, but is further from the lake and is mainly contained in the one story garage. Wilson noted that the Lacys, neighbors on the east side, are also amenable to the plan. Gaffron pointed out that the original plan proposed a 5.5' encroachment for the entire length of the garage, but this has been reduced to a 3' encroachment into the 30' side setback. The square footage that encroaches is the same as what was approved previously. . Johnson felt this was a reasonable request. 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • #1626 - CONT. Chair Kelley felt that this is a better plan that the Traff's. Cohen agreed. Rowlette noted that the Commission seems to be doing exactly what they said they weren't going to do, i.e. approving variances for new construction. Bellows agreed with Rowlette, but felt that given previous Council action for this property, Council will likely feel obligated to approve this request. Wilson noted that his hardships are the same as Traff's and the lot is a pie shape, which makes it difficult to deal with. He indicated that they plan to recycle the existing buildings. Chair Kelley noted that if the Mitchells didn't have the permanent driveway easement on the west side, it would make development of this lot much easier. It was moved by Johnson, seconded by Moos, to recommend approval for the revised proposal as presented by Eric and Kristal Wilson for property at 2683 North Shore Drive to construct a new residence. Ayes 4, nays 2. Rowlette and Bellows voted nay. (#4) #1682 CHRISTINE BRICKLEY, 3262 NORTH SHORE DRIVE - VARIANCE - CONTINUATION OF PUBLIC HEARING 7:35 -7:50 P.M. Christine Brickley was present for this application. Gaffron noted that this is a revised proposal to construct a new detached garage. The applicant is proposing a 768 s.f. garage, 24x32', to be built on an existing poured slab. The remainder of the slab is proposed to be retained. A 15' setback is required; the slab is 2 1/2' from the south lot line and 3' from the west lot line. The garage is 10' from the south lot line. Hardcover is unchanged. Brickley noted that three buildings have been removed to be replaced by this garage, which equals the same amount of hardcover. Johnson asked if the previous slab was incorporated within the new slab area. Brickley said yes, and the hardcover is exactly the same as before, and instead of three buildings there will be one. She noted the height of the garage has been reduced 6 -8'. . Chair Kelley noted that by retaining the slab, it quite possibly will be built upon in the future, so it makes no sense to cut the size of the garage and to allow the slab portion to remain. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 0 #1682 - CONT. Johnson felt that this is a very substandard lot with many of issues to deal with. He felt the garage request is reasonable, but felt the adjoining slab should not be allowed. Bellows noted that a hardship for the garage is the storage of construction equipment. Brickley noted that is correct. Rowlette noted that no matter what is proposed, it will still end up with a substandard setback. Gail Naffus, Casco Point Road, and a friend of the applicant, noted that the applicant is not asking too much and is only asking for storage that everyone needs. She noted that the garage is in the exact same spot as the previous garage and shed. It was moved by Johnson, seconded by Chair Kelley, to recommend approval of Application #1682 for Christine Brickley, 3262 North Shore Drive, for a lot line setback variance and a hardcover variance to construct a garage on the existing slab with the provision that the garage be constructed not larger than 24'x32' on the northern most portion of the slab and the remaining 8' of • the slab to be removed. Ayes 6, nays 0. ( #4) #1683 ROBERT F. SUESS, 2590 WATERTOWN ROAD - PRELIMINARY CLASS III SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7:51 -8:15 P.M. T.J. Haislet was present for this application. He noted that the application was tabled the last time requesting submittal of a topographic map to review drainage. Gaffron noted that the engineer based his recommendation on knowing that the property may someday be further subdivided. Cook is recommending that there may be some flexibility in totally finishing the retaining pond at this point, that drainage along Watertown and the east lot line be completed now, and suggesting that drainage in the Hackberry neighborhood would have to be reviewed. Cook will have to address ponding in the northeast corner after a drainage plan has been submitted. Chair Kelley asked if an extension has been considered of the road to the north. Gaffron noted that staff has sketched a conceptual plan which shows a more viable option being connection to the west. • Haislet asked how the Commission felt about a private drive. He noted the applicant would grant the road outlot, but is requesting only a private drive until further development, with a homeowners association to maintain the drive. 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • 41683 - CONT. Gaffron noted that Cook is recommending the road be developed at a 24' width at this time. He is requesting a cul -de -sac abutting the northernly building lot. The Engineer and staff have treated this application as a three lot subdivision which would require the roadway and could require the existing drive to access off the new roadway. Johnson felt it should be treated as a two lot subdivision as they are creating two new lots and felt that it would be appropriate to plat the roadway at this time but only require development of the private drive until further development. He felt the current residence should maintain the existing curb cut onto Watertown Road. Mabusth noted that thought must be given to how the road would be paid for in the future. Haislet asked if the drainage swale would have to be developed at this time as there is no immediate future plan. Gaffron indicated that a motion could be conditioned upon receipt of a drainage plan. The Commisssion noted that they would like to see the plan and would table the application. Gaffron • suggested that the grading is relatively minor and if a grading plan is submitted, it could be reviewed by the Engineer prior to Council Preliminary Plat review, avoiding another tabling. Chair Kelley still wanted to review the drainage plans and wanted to ensure that the Hackberry Hill neighbors' concerns have been addressed. Bellows took exception to the indication that this is a two lot subdivision as it is actually a three lot subdivision which resolves the issue of road vs. drive. Rowlette felt that if the development is not foreseen in the near future, and the roadway is required to be built, it may not be maintained properly and may end up looking terrible before the actual future development. She noted that it would be a terrible expense to the current resident to have to move the drive to the new roadway. Bellows stated that the roadway should be constructed to provide for the current development. She felt the current residence should move their drive to the new roadway. Haislet noted that the applicant would not be happy with that scenario and has stated that just a short period of time ago, a development was allowed nearby that allowed all new lots access onto the platted roadway, which is what he wanted to do in the first place. Cel MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • X01683 - CONT. I'l Johnson felt that the application should not be tabled as the applicant has provided the information requested at the last meeting and Cook can review all further issues. Rowlette and Moos agreed. Bellows and Cohen wanted all information submitted before progressing to the Council for review. Johnson and Rowlette felt a private drive should be allowed to be installed, to be upgraded in the future when the property is further subdivided. Bellows, Cohen, Moos and Kelley want to see the partial roadway developed, with plans submitted for the entire property. It was moved by Chair Kelley, seconded by Cohen, to table Application #1683 for Robert F. Suess of 2590 Watertown Road, for preliminary subdivision approval, providing time for the applicant to provide resolve of the drainage issues and time for the Hackberry Hill residents to express their concerns; and that a plan be submitted for the entire roadway with a portion to be completed with this subdivision. Ayes 3, nays 3. Johnson felt that the City was penalizing the applicant by asking for information based on long -range plans. He noted that owners could have just denied any future plans to subdivide. Haislet asked who would deal with the Hackberry Hill residents on drainage easements and Gaffron noted that the City will. It was moved by Bellows, seconded by Cohen, to recommend denial of Application #1683 for Robert F. Suess of 2590 Watertown Road for preliminary subdivision approval, based on the lack of a drainage plan and noting the subdivision would have to adhere to the code which requires a three lot subdivision to install a private road. Ayes 3, nays 3. Councilmember Callahan noted that the Commission had tabled the Long Lake application because of lack of information and felt it was unfair to treat this application in any other manner. Chair Kelley also noted that he does not have a problem allowing the applicant to maintain his present curb cut. 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • ( #2) #1695 THOMAS & ALICE STUCK AND JOHN M. BAUER, 4345/4365 NORTH SHORE DRIVE - A) SUBDIVISION OF A LOT LINE REARRANGEMENT B) VARIANCE TO THE MORATORIUM ORDINANCE #96, 2ND SERIES PUBLIC HEARING 8:20 -8:27 P.M. Thomas and Alice Stuck were present for this application. It was moved by Chair Kelley, seconded by Johnson, to approve the variance to the moratorium Ordinance #96, Second Series for Application #1695 to allow a subdivision of a lot line rearrangement for 4345 and 4365 North Shore Drive, based on the unique characteristics of the lots, no new lots being created, and this rearrangement was suggested by the Planning Commission in an earlier variance application for the Stucks. Ayes 6, nays 0. Gaffron explained that this is a request for subdivision of a lot line rearrangement to increase the size of the Stuck property and to place the existing garage within their property boundaries. Applicants are also requesting a revision in their prior variance approval to be allowed to construct the portion of deck that was previously denied, now that the property will increase in area. It was moved by Chair Kelley, seconded by Cohen, to recommend • approval of Application #1695 for Thomas and Alice Stuck and John M. Bauer, for properties at 4345 and 4365 North Shore Drive, for a subdivision of a lot line rearrangement, and to further allow the deck addition of 180 s.f. additional hardcover. Ayes 6, nays 0. (06) ROBERT J. BILGER, 4005 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING 8:30 -8:39 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Robert Bilger was present for this application. Mabusth explained that the applicant is requesting setback and hardcover variances to construct a detached garage. Staff has suggested moving the garage 5' to the north to allow use of a proposed backout apron. A 15' setback is required because the garage and workshop are over 750 s.f. and the garage would be 8' from the side lot line if moved 5' to the north. She noted that the workshop is to the north of the garage. Bilger indicated that they intend to drive in and back out the entire length of the driveway and need to maintain the garage at the proposed location. • Mabusth stated that the garage was recommended to be moved because of the backout apron shown on the plans. MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 211 1991 • 01687 - CONT. • Bilger stated that would not be constructed. Mabusth noted this would reduce the hardcover percentages. Bilger also noted that he intended to remove the workshop /storage shed. Mabusth stated by removing both of these, hardcover would be reduced by 4 -5 %. She noted that there is also an issue of an after - the -fact deck addition which connects the front deck to the rear deck. Bilger explained that due to a car accident on his property, his wife was permanently crippled and the addition was needed for her safety. It was moved by Bellows, seconded by Moos, to recommend approval of Application #1687 for Robert J. Bilger of 4005 North Shore Drive, to allow the construction of a detached garage requiring setback and hardcover variances, and to approve the after -the- fact addition to the existing decks connecting front to rear, the hardship being the shape of the lot, weather in Minnesota during the winter, and the effort on the part of the applicant to reduce hardcover. Ayes 6, nays 0. (#7) #1688 JIM BURANEN 1085 BROWN ROAD SOUTH - APPEALS - PUBLIC HEARING 8:42 -9:02 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Jim Buranen and Lori Reineking were present. Mabusth explained that in 1990, the applicants were granted variance approval to enlarge their garage to house two limos. She noted that because of economic pressures, all four limos are now stored on the property and questions have been raised regarding the intensification of the commercial use on the property. Staff has advised applicants that a home occupation license would be necessary and it is doubtful all stipulations of the code could be met. She has explained to Buranen that the limos have been kept in the front yard and not in enclosures, there is excessive parking in the front yard by persons picking up the cars, and per the license no one other than residents of the home can work under the license; the grey area being these are not employees, but rather contract persons. She noted that the limos are currently stored outside. The applicants have requested, as part of the home occupation license, permission to build a detached garage structure to house the additional limos and other vehicles. 07 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • #1688 - CONT. Buranen noted that 2 years ago he was injured and started this business at that time. He stated that at this time off -site storage is very expensive. He noted that the garage is proposed at the rear of the yard so nothing will be seen from the road. He also noted that there is no sign or public traffic associated with this business. Chair Kelley asked where their personal vehicles are parked. Buranen explained they are parked in the front yard. Bellows asked why the employees' vehicles have not been stored inside the garage. She also noted that per State of Minnesota Jobs and Training, contract employees cannot use contractor's equipment. Reineking noted that the IRS considers these people contract employees. Bellows indicated that the major business proposed is transportation and the vehicles are the only source of income. She asked what is the size of the lot? Mabusth noted that it is approximately 3/4 of an acre, surrounded by similar sized or smaller lots. She stated that the lot does not meet all standards of the district. Mabusth referred to a letter submitted from the resident at 1000 Brown Road South who objected to the home occupation license feeling that it would hurt property values, and commercial uses should not be allowed in the residential area. Chair Kelley asked how long the applicants have had four limos. Buranen stated he has had them for 6 months, and the other 2 were kept in storage in Winsted. He noted that something could be put in writing limiting future additional cars. Bellows noted that the definition of home occupation states that activities related to the home occupation must be conducted within the principal structure. Mabusth stated that the license section for home occupations states "all conditions of the zoning chapter must be complied with ". She noted that this could be interpreted that a lot must meet all area and width standards to meet license standards. Mabusth also noted that the proposed garage needs no variance approvals. She stated that the license is renewed annually. Mabusth felt that once the applicants are allowed to make this investment however, it will be hard to change the use if complaints were to arise. Rowlette asked if the applicants intend to store the vehicles off -site at a later date. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • 41688 - CONT. • Buranen stated that hopefully all four cars will be stored off - site in the future. Chair Kelley asked why the garage can't just be extended to house all four vehicles. Buranen noted that to build the addition to the garage it took a variance, and he didn't feel a second variance would be approved. Bellows reiterated that applicants are stretching the limits of the home occupation code. Johnson agreed, but felt the gardener (who was approved for a home occupation) had a similar situation in that people came and picked up the plants and were gone. He did feel that it is an intensification of the property. Rowlette and Kelley felt they would be more comfortable with the existing garage extended. Rowlette felt that this application is much like that of the gardener. Bellows noted that most home occupations are in the rural area using existing structures. Johnson, Rowlette and Moos felt this request fits the realm of the home occupation license. Bellows disagreed and Cohen felt the applicants should come back with a variance application. It was moved by Johnson, seconded by Moos, to recommend approval of the appeals for Jim Buranan at 1085 Brown Road South, to allow a home occupation license for a limo service to be conducted on the property. Ayes 2, nays 4. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 (08) #1689 TERRY SADLER, 1396 BALDUR PARK ROAD - VARIANCES - PUBLIC HEARING 9:05 -9:05 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Mrs. Sadler and Rod Lund were present. Gaffron explained this is a request for a side setback variance to construct a three - season porch, replacing an existing deck. They are also requesting a hardcover variance. Pre - existing hardcover is 39.6 %. He noted that applicants were allowed a porous drive in 1983 to offset hardcover percentages, but found the drive to be difficult to maintain and the drive was paved. Lund explained they were about to start construction when the Building Inspector noted the property was over the allowed hardcover percentages. Chair Kelley asked if the deck could be removed to compensate for the additional hardcover from the driveway. Rowlette pointed out that even if the drive were gravel, it still would be hardcover. • Mrs. Sadler noted the deck and siding had water damage and they wished to replace it with a three - season porch. Rowlette noted there is no way to reduce the size of the drive. It was moved by Rowlette, seconded by Johnson, to recommend approval of Application 41689 for Terry Sadler, 1396 Baldur Park Road, approving a side yard setback and hardcover variance to allow construction of a three - season porch, replacing an existing deck. Ayes 5, nays 1. Bellows voted nay. (#9) 441690 WILLIAM POGUE, 1991 FAGERNESS POINT ROAD - APPEALS - PUBLIC HEARING 9:11 -9:13 P.M. The Affidavit of Publication and Certificate of Mailing was noted. William Pogue was present. Gaffron referenced a letter of objection submitted by a neighbor. Pogue stated that he was unaware of their objection, but because of it would withdraw his appeal. 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 . ( #10) #1692 BRUCE W. ENGELSMA, 990 PARTENWOOD ROAD - VARIANCES - PUBLIC HEARING 9:12 -9:23 P.M. • The Affidavit of Publication and Certificate of Mailing was noted. Bruce Engelsma was present. Gaffron explained this is a request for lakeshore setback and 0- 75' hardcover variances to construct additions to the existing residence. Engelsma indicated the reason for the proposal is due to his expanding family. He noted that they propose to add a family room area, and because of existing driveway problems, he proposes renovation to the garage and raising the elevation of the garage to reduce the problems. He stated that the house is primarily built within the 0 -75' zone. Bellows felt that absent a grading plan, it is hard to tell if the improvements will work. She felt a grading and water management plan should be submitted prior to issuance of the permit. Engelsma felt there is nowhere else to locate the addition and they have proposed removal of approximately 500' of driveway. It was moved by Cohen, seconded by Moos, to recommend approval of Application #1692 for Bruce W. Engelsma of 990 Partenwood Road, approving lakeshore setback and 0 -75' hardcover variances to construct additions to the existing residence, based on the fact that the applicant has made an effort to reduce hardcover by reducing the driveway size. Ayes 6, nays 0. ( #11) #1693 ALBERT D. HANSER, 1685 FOX STREET - A) VARIANCE TO MORATORIUM ORDINANCE #96, 2ND SERIES - PUBLIC HEARING 9:25 -9:26 P.M. B) SKETCH PLAN REVIEW The Affidavit of Publication and Certificate of Mailing was noted. Meridith Howell, applicant's representative, and Mark Gronberg, surveyor, were present for this application. Chair Kelley felt that the moratorium was instated for requests such as this application. He felt that they should not move on this application until the lakeshore regulations have been completed. 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • #1693 - CONT. It was moved by Chair Kelley, seconded by Cohen, to recommend denial of Application #1693 for Albert D. Hanser, 1685 Fox Street, for a variance to moratorium Ordinance #96, Second Series. Ayes 6, nays 0. Gronberg noted that the plat has been designed to meet the strictest requirements that may be imposed with the new regulations. Johnson indicated that the property may be impacted greatly by the wetlands on the property. Howell advised that she attended the public hearing on the moratorium and was the only one to speak at that time and was informed that if the application met the strictest setback requirements that might be established, a variance could be approved to proceed. Chair Kelley suggested she talk to Council and perhaps they will vote differently. Gaffron noted it will go to the next Council meeting and asked if the Commission would like to review the sketch plan. Chair Kelley noted they would like to wait for Council's decision on the variance. Gaffron noted that Ceil Strauss of the DNR has indicated that elevation 929.4' will hold true as the defined shoreline of Tanager Lake, regardless of the extensive wetlands, which raises the issue, do these lots have lake access? The Commission felt that the application should be taken to the Council for direction on the variance (#12) #1694 DOUGLAS MERZ, 3195 WATERTOWN ROAD - VARIANCE - PUBLIC HEARING 9:31 -9:36 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Douglas Merz was present. Chair Kelley noted that the applicant had just been granted approval of a setback variance to build a deck. Mabusth indicated that is correct and applicant is now seeking variance approval for a 2 -story addition of a family room, entryway, and master bedroom. • Chair Kelley asked if in the original application, future variances were prohibited. He stated that setback standards are there to protect neighbors and building upon the lot line. 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 • #1694 - CONT. Mabusth advised that the earlier setback variance for the deck did not include such future limitations. Mabusth reiterated there is a 21' separation from the traveled road to the lot line. Mabusth noted approval should be conditioned upon the doorway leading to the current lower level bedroom being changed to an archway in order to insure only a three bedroom house to protect the mound septic system. It was moved by Moos, Application #1694 for street setback to conditioned upon the to be converted to a use classification as seconded by Cohen, to recommend approval of Douglas Merz, 3195 Watertown Road, for side construction an addition, approval is doorway to the existing lower level bedroom den being changed to an archway to insure a three bedroom home. Ayes 6, nays 0. (413) #1696 STEPHEN AND JOANIE WARD, 4695 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING 9:36 -10:06 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Stephen and Joanie Ward were present. IS Mabusth explained applicants are seeking a street setback and 75- 250' hardcover variances for a multi -level addition. They are proposing a 10' street setback. Applicants are granted allowances to the height restrictions because of the slope of the lot. Ward explained that they first requested a detached garage to keep it away from the house, but the County preferred the garage to be located parallel with the road and therefore it needed to abut the house which lead to the incorporation of the proposed addition. He noted that the proposed garage floor is at the same elevation as the roadway, and footings would have to be installed to match those of the existing house, so they decided to use the underground space as living space. He then noted that to match the roof lines, the garage would need to be extended upward and they decided to make this a master bedroom. Ward stated that their current residence has a footprint of 550 s.f. Chair Kelley advised that they are increasing hardcover from 19.9% to 35% which is a huge increase for a garage. He noted the garage at 35x23' could be reduced by eliminating the enclosed stairways. Bellows asked what the lot size is. Mabusth stated it is approximately 11,000 in the 1 acre zone. is Ward realized that the addition is adding to the construction cost, but feel they are gaining a greater benefit in the long run. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21; 1991 • #1696 - CONT. Bellows felt this is a major intensification of a substandard lot. Mabusth stated one issue is whether the Commission considers this a garage addition which would require a 10' setback; or an addition to the principal structure which would require a 35' setback. Bellows indicated that other cities would not allow living space above and below a garage addition. She felt this is definitely an addition to the principal structure and is proposed too close to the roadway. Ward indicated that he was asked by the County to move the garage as far away from the roadway as possible, and footings will still have to be provided to protect the existing foundation. Bellows noted that footings would only have to be provided if connected to the existing residence. She questioned the County allowing backing out onto a County Road. Mabusth noted the proposal does not encourage backing out but facilitates forward turning movements. • Ward explained that they now have the ability to increase the size of their home intelligently. He noted that Orono encourages building to go upward not outward, and he stated that his entire principal structure is located 200' away from the lake and towards the rear of the lot. Bellows asked about the patio doors from the proposed bedroom. Ward stated there will be patio doors with no access outside as a deck would not be allowed. Moos and Rowlette felt the applicants have no viable alternatives. Cohen stated that he would like to see a standard 24'x24' garage addition. Kelley agreed. Johnson noted that the residence is 200' from the lake and has a vertical drop to the lake. It was moved by Kelley, seconded by Bellows, to recommend denial of Application #1696 for Stephen and Joanie Ward, 4695 North Shore Drive, for a street setback and 75 -250' hardcover variances as proposed to construct a garage /principal structure addition. Ayes 3, nays 3. Moos, Rowlette and Johnson voted nay. 16 Johnson stated that the applicants have no other options. Rowlette reiterated that the residence is setback 200' from the lake and the entire house is located within one zone. 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF OCTOBER 21, 1991 r (*15) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVE is Chair Kelley noted that the meeting had been cancelled and rescheduled for November 7th. ( #15) STATUS REPORT BY FACILITIES COMMITTEE REPRESENTATIVE Bellows noted that the meeting had been cancelled and rescheduled for October 29th. ( #17) OTHER ISSUES Chair Kelley stated that the HRA has issued bonds for $4,000,000 for the new facilities. (018) APPROVAL OF MINUTES It was moved by Cohen, seconded by Bellows, to approve the minutes of the September 16, 1991 Planning Commission. Ayes 6, nays 0. (419) REPRESENTATIVE TO THE COUNCIL MEETING Johnson volunteered to attend the November 12, 1991 Council meeting. ADJOURNMENT Chair Kelley adjourned the regular Planning Commission meeting at 10:40 p.m. Charles Kelley, Chair Person 17