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HomeMy WebLinkAbout11-18-1991 Planning Commission MinutesPlanning commission CITY OF ORONO PUBLIC ATTENDANCE Council MEETING DATE K O PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. t( I �l NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) !1 5 2. ry l �� \ 1 L, l %�J �v X .. �., � f1.y�f Vfil) Ati 3. Lk a <1 ,; t( I �l 4 !1 5 6. IL 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 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, Candace Rowlette, Charles Schroeder and Jeff Johnson. Ed Cohen and Sara Moos was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Septic System Manager Stephen Weckman, and City Recorder Teri Naab. The following Council Members were present: Council Members Jabbour, Goetten and Callahan. Chair Kelley called the meeting to order at 7:00 p.m. (##1) ##1691 & ##1702 CITY OF LONG LAKE, 130 ORONO ORCHARD ROAD NORTH A) AMENDMENT OF COMMUNITY MANAGEMENT PLAN /PRELIMINARY SUBDIVISION B) CONDITIONAL USE PERMIT FOR PLANNED RESIDENTIAL DEVELOPMENT PUBLIC HEARING 7:00 — 8:00 P.M. The Affidavit of Publication and Certificate of Mailing was noted. David Roos of McCombs Frank Roos was present to represent the City of Long Lake. He noted they have redesigned the plat and the road alignment as directed by the City Council. He stated he was there to request Planning Commission action on this matter. • Mabusth noted that this property was excluded from the subdivision moratorium. She noted they are proposing a 13 lot PRD development based on standards of the 2 acre zoning. The property consists of 24.5 acres and 26 acres are needed to satisfy the PRD requirements. Applicants are seeking a lot area variance of 1.5 acre. Each pad meets approximately a 1 acre density. She stated that Lot 1, Block 1 would not have interior access. Mabusth pointed out the outlot would be retained for possible future expansion to the north. The floodplain has been designed at 947.3' and therefore the lagoon cannot be used for drainage of the runoff as it is below that elevation. She noted that a retention pond would be developed in the southern portion of the property directing runoff through a culvert and through the private property to the east. A retention pond is considered for the northern portion also. Mabusth stated that the applicants propose special setbacks for several of the lots. Lot 1, Block 1 would have a 25' setback from the roadway. Pads along Orono Oaks plat would have a 50' rear setback. All lots include a 35' street setback and a 10' side setback. She noted that building pads have been proposed on either side of the forcemain, which may be an issue to consider. Jim Palmer, 1350 Orono Oaks Drive, stated that he is the property owner to the east and is shocked to find that the City •is considering directing runoff through his property. He noted that he was not prepared to address the issue. MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 #1691 & 1702 — CONT. • Mabusth explained that per the Watershed District's regulations, the rate of runoff cannot be increased across private property. She noted there may be the need to develop the retention pond. Chair Kelley asked if an easement would be taken over that retention area. Mabusth indicated that an easement would be taken over the area and the City would also ask for a 10' wide drainage and utility easement along the southern lot line. Palmer asked about the elevation of the property. Roos confirmed that drainage from Lots 8 and 9 would drain towards Palmer's property, but that runoff would be less than current runoff. He proposed that no additional grading other than for normal house construction is proposed and hoped they would be able to stay out of the 50' setback area. Chair Kelley asked why the 50' setback was being proposed. Mabusth indicated that the 50' setback was proposed by applicants in response to the neighbors' opposition to development of the land. Bellows advised that the drainage and grading plans do not show • final grading and she noted there is no indicated as to how those final elevations would be accomplished. She asked how a plan as such could be sent to the Watershed District for approval. Mabusth noted that it has been sent to the Watershed and they area awaiting a recommendation from the City. She stated that the plan can be brought back to the Planning Commission after the Watershed has responded to the request. Bellows felt that the grading shown indicates a substantial change in elevations and she did not see how that was to be achieved. Greg Kellenburger, 105 Orono Orchard Road, commented that the applicants had rerouted the entrance, which he felt was an improvement, but the proposed entrance brings it closer to the curb and that may be a problem. He felt another alternative would be to route the road to Orono Oaks Road for a safer access. He felt that Lot 1, Block 1 was a questionable buildable lot. He also felt that the road could be narrower than 30' to allow for maintenance of mature trees. Ardis Poquette, 260 Orono Orchard Road, asked if a survey had been done. • Mabusth noted that a survey had been submitted. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 #1691 & 1702 — CONT. • Chair Kelley asked where the new proposed dividing line between the two cities was to be. Mabusth indicated that the entire parcel would become part of Long Lake and the new boundary would be just north of Orono Oaks Drive. Chair Kelley asked how that affects maintenance when a road is half in Orono and half in Long Lake. Mabusth advised that the road issue would have to be addressed in the covenant and the City would also request restoration of Orono Oaks Drive. Bellows stated her opposition to the creation of Lot 1, Block 1 as it appears as a totally separate lot that is being created. Mabusth explained that the original plan provided for two lots in that area. She felt this plan had greatly improved and was pleased to see the change. She indicated Lot 1 is a part of the property and therefore must be treated as such. Bellows felt that it may be considered as gerry— mandering. Mabusth noted that municipal boundary lines are very gerry- mandered. • Bellows proposed that they are trying to deal with the PRD but it is a very sensitive issue and felt that Lot 1 stands out as a monophony. is Mabusth asked if she felt it made more sense to move the building pad to the other side of the lagoon. Mabusth stated that she would rather leave it as is because it would cause further changes in elevations on the eastern side. Kellenburger felt that a 20' front setback for Lot 1 was not larger enough. He pointed out that Orono Orchard Road is used greatly by pedestrians and bikers on their way to the Luce Line Trail and asked about a possible pathway. Mabusth stated that the City does have a comprehensive trail system plan but a pathway has not been considered for this area. Chair Kelley asked about lot coverage restrictions. Mabusth noted that the code allows for 15% coverage for areas of less than 1 acre and that could be incorporated within the covenant. Roos reported that a 15% lot coverage was indicated on the plat. 3 MINUTH OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 #1691 & 1702 — CONT. •Chair Kelley asked if the City of Long Lake understood the ramifications of a limited lot coverage. Roos said they understood it to include the principal residence and all outbuildings on the property. He clarified that Lot 1 would have a 25' setback from Orono Orchard Road. Chair Kelley asked how the City would safeguard that the zoning restrictions imposed would not change. Mabusth noted that restrictions would be included within the covenant, and the City could specifically note all setbacks for each lot. Chair Kelley asked what about changes in Orono's regulations, would they apply? Mabusth informed him that the property would be subject to current restrictions. Council member Callahan noted that the regulations for the property will be frozen in time. If changes to the covenants are proposed, they would have to be approved by both cities. is Bellows noted that part of their process was to approve the final drainage and grading plans which have not been supplied and felt the application should be tabled until all pertinent information was supplied. Chair Kelley asked that guest house use, rental apartments, home occupations, and duplex use be addressed in the covenant. Mabusth stated that pertinent standards of the R -1A zoning district could be incorporated within the covenant. Kellenburger noted that it is interesting that the City of Long Lake is endorsing the southern corridor for Highway 12 considering the impact upon this property. Chair Kelley stated that he could not comment on that issue. Council member Goetten felt the issue was not within the Commission's jurisdiction. Bellows felt it was a valid public opinion. 4 Bellows indicated she wanted the Planning Commission to be able to review the covenant prior to final approval. SMabusth noted that was not typical procedure but it could be returned for review. is Bellows noted that part of their process was to approve the final drainage and grading plans which have not been supplied and felt the application should be tabled until all pertinent information was supplied. Chair Kelley asked that guest house use, rental apartments, home occupations, and duplex use be addressed in the covenant. Mabusth stated that pertinent standards of the R -1A zoning district could be incorporated within the covenant. Kellenburger noted that it is interesting that the City of Long Lake is endorsing the southern corridor for Highway 12 considering the impact upon this property. Chair Kelley stated that he could not comment on that issue. Council member Goetten felt the issue was not within the Commission's jurisdiction. Bellows felt it was a valid public opinion. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 Roos noted that Ceil Strauss of the DNR had conceptually approved some filling of the lagoon in order to maintain a gradual slope. Bellows asked if the roadway would meet the 26' setback from the lagoon. Mabusth noted #1691 & #1702 — CONT. would have to be granted • Johnson asked if the lagoon would be treated as a wetland area She noted that the applicants with the same setback requirements, and noted the affect upon the Army Corp lagoon because of the roadway. Roos noted that Ceil Strauss of the DNR had conceptually approved some filling of the lagoon in order to maintain a gradual slope. Bellows asked if the roadway would meet the 26' setback from the lagoon. Mabusth noted that a variance would have to be granted for encroachment into this setback. She noted that the applicants half are working with the Army Corp of Engineers and the DNR for approval, and indicated that the road will be reviewed and developed by the City of Long Lake. She indicated that the current roadway is right up to the edge of the lagoon. Bellows asked how they could not deal with a major aspect of the development such as the roadway. She asked what would happen if the Watershed did not allow the increase in flow. Mabusth indicated that a new plan would have to be submitted. Johnson recommended refinement of the drainage plan affecting the property to the east. He felt that drainage may increase with more vegetation planted and additional hard surface in the area. iBellows asked that the covenant include maintenance of natural vegetation within the 50' setback area. Roos indicated that per the comments of residents of Orono Oaks, berms may be constructed between the properties to reduce impact of the development. Schroeder noted he was not comfortable and wanted to know what would be included within the covenant. Rowlette understood that lot area variances had never been granted for a PRD development before and felt it was a negative precedent. Mabusth felt there were unique findings in this situation. Rowlette indicated the need to protect Orono residents along the property boundaries. Bellows noted that if a berm were to be constructed it would only work on half of the boundary line because of the elevation of the property. E Mabusth proposed that a swale may be developed on the second half • of the line. She asked if landscaping issues should be E �J • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 19, 1991 #1691 & #1702 — CONT. Chair Kelley stated that they absolutely should be addressed. Rowlette asked about entrance monuments. Mabusth noted that the covenant may wish to restrict height of monuments. Bellows felt the application should be tabled but felt the Commission's hands were tied as the application needed to move on to the Council to make the deadline of the Municipal Board meeting. It was moved by Johnson, seconded by Schroeder, to recommend approval of Application ##1691 and #1702, City of Long Lake for property at 130 Orono Orchard Road North, for a commercial use permit for a planned residential development, an amendment to the Comprehensive Plan, a variance to the lot area standards, and a variance to the required 26' wetland setback, subject to appropriate conditions included within the covenant and subject to conditions noted on Page 5 and 6 of the memo dated November 15, 1991 to the Planning Commission from the Zoing Administrator. Ayes 3, nays 2. Chair Kelley and Bellows voted nay. ( #2) #1703 EDWIN J. & TRACEE GIBBS, VACATION OF UNIMPROVED RIGHT —OF —WAY, CLARA AVENUE PUBLIC HEARING 8:10 — 8:15 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Edwin and Tracee Gibbs were present. Ralph and Ruth Knox, 1029 Loma Linda Avenue were present for the application. They stated that they would like to obtain partial ownership of the vacated street. Mabusth stated that the Public Works Director has reviewed the request for future public use and only asked that a 10' wide drainage and utility easement be provided along the present roadway. She indicated that the Knox would like to have the City maintain a corridor to allow access to the southern portion of their property. Knox noted the previous owner of his property had deeded a 10' easement for Clara Avenue and felt it should revert to his property ownership. Mabusth pointed out Knox would have to obtain an old legal description of the property to prove his position. It was moved by Chair Kelley, seconded by Bellows, to recommend approval for Application #1703 for Edwin J and Tracee Gibbs for a vacation of the unimproved right —of —way of Clara Avenue, maintaining a southern corridor for access to 1029 Loma Linda Avenue. Ayes 5, nays 0. .� MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 ( #3) #1697 JIM RIVERS, 1440 SHORELINE DRIVE — AFTER — THE —FACT VARIANCE — PUBLIC HEARING 8:15 -8:27 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Jim and Mary Rivers were present for this application. Mabusth explained this application involves the after — the —fact construction of a deck placed over existing stone patio in 1978. She noted that permits were issued for the construction of the addition and the shed at the same time as the deck was constructed. Rivers noted the stone patio was there directly below the current deck. He didn't realize the permit had been issued for the addition and shed. He indicated there used to be a concrete boat road to the residence which has been removed. Mabusth noted that all three parcels owned by the applicants were used commercially in the past. Chair Kelley asked the owners why they felt the application was before the Commission at this time. Rivers noted that his neighbor had done extensive remodeling and then wanted a deck which was denied, so the neighbor indicated • that the Rivers had been allowed their deck, which triggered the application. Johnson asked if a condition of approval be that no intensification or replacement of the deck be allowed. Mabusth noted that had been done in the past. It was moved by Chair Kelley, seconded by Johnson, to recommend approval of Application #1697 for Jim Rivers of 1440 Shoreline Drive, for an after — the —fact variance to allow the deck structure to remain, subject to no intensification or replacement of the structure be allowed. Ayes 5, nays 0. ( #4) #1698 JIM RIVERS, 1440 SHORELINE DRIVE — AFTER— THE —FACT VARIANCES — PUBLIC HEARING 8:28 -8:32 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Jim and Mary Rivers were present for this application. Mabusth noted that a variance was granted in 1976 for an addition to the existing residence which did not include the addition of a deck. 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEM ®EN 19, 19 @1 #1698 — CONT. 10 Rowlette noted that the plans specifically stated that they do not include approval of a deck. • Bellows clarified that the structure is actually a three season porch. Rivers reviewed that the deck was added when the addition was built. He stated that Jacobs, the inspector, reviewed the addition and noted the deck but felt that because of the exit through the patio doors, some sort of access would have to be allowed to remain. Rowlette confirmed that patio doors were approved on the plan leading to an approved staircase. Johnson reviewed that the deck was added then later became a three season porch. Rivers noted there is a big cottonwood near the deck. He stated that the porch is not heated and is actually portable as the screen panels can be removed. Bellows reiterated that the plans state "no lakeside deck shown" Rowlette concurred and noted that the deck is sitting right on top of the water. Rivers asked if they returned with a plan to reduce hardcover on the property, would the Commission consider allowing the deck to remain? Mabusth reminded the Commission that the applicants are obliged to maintain parking area within the street yards per a previous condition of approval. Chair Kelley stated the applicants should return with a plan and he noted that he would also like to see a plat of the current right —of —way allowances for that area. It was moved by Chair Kelley, seconded by Bellows, to table Application #1698 for Jim Rivers of 1440 Shoreline Drive, to allow applicant time to submit a plan for hardcover reduction on the property. Ayes 5, nays 0. 93 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 ( #5) #1699 MICHAEL RENARD, 1185 TONKAWA ROAD — • RENEWAL VARIANCES — PUBLIC HEARING 8:38 -8:39 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Michael Renard was present. Mabusth noted this is a second renewal of a variance request. Chair Kelley informed the applicant that the City may have new regulations required for lakeshore lots and that could change the calculations for his proposal and in the future it may not be an automatic approval. It was moved by Chair Kelley, seconded by Johnson, to recommend approval for Application 1699 for Michael Renard of 1185 Tonkawa Road, for a renewal variance to allow construction of an addition to his existing residence. Ayes 5, nays 0. ( #6) #1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE — VARIANCE — PUBLIC HEARING 8:39 P.M. The Affidavit of Publication and Certificate of Mailing was noted. aNo one was present for this application. It was moved by Chair Kelley, seconded by Bellows, to table Application #1700 for Dale McCurdy of 4041 North Shore Drive, until such time that applicant or a representative could be present for the meeting. Ayes 5, nays 0. ( #7) #1701 PHYLLIS B. SPRAGUE, 3340 NORTH SHORE DRIVE — VARIANCE — PUBLIC HEARING 8:40 -8:45 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Mrs. Sprague and her son and daughter —in —law were present for this application. Mabusth stated that the residential use had ceased sometime in 1985. She noted that a commercial use was never approved for this property. A variance would need to be granted to the non- conforming use of this section of the code and stated that the City Attorney warned against such an approval. E MINUT9§ OF THE ONONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 ( #8) #1704 C. ARNOLD CARLSON /DARLOW MADGE, 855/875 FOREST ARMS LANE — CONDITIONAL USE PERMIT /VARIANCE — REQUEST TO RESCHEDULE AT A LATER MEETING ( #9) REPORT BY PLANNING COMMISSION REPRESENTATIVE TO COUNCIL MEETING OF NOVEMBER 12, 1991 Johnson attended the meeting of the Council on November 12th. He noted that the Council had trouble dealing with the request by Brinkley on North Shore Drive to allow construction of a garage. Johnson stated that the Council directed the Commission to establish guidelines for entrance monuments. • ( #10) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVE Chair Kelley noted the Committee worked on a comprehensive plan for marinas. He stated that the first draft of the DNR regulations has been completed and Gaffron was currently compiling all comments on the regulations. He noted that it would be submitted to the DNR sometime in January of 1992. He felt that the regulations would be for the betterment of all lakes and natural resources in the area. ( #11) STATUS REPORT BY FACILITIES COMMITTEE REPRESENTATIVE Chair Kelley noted that the City facilities project has been put on hold due to the weather. He stated that the excavator has withdrawn his bid until May of next year. Kelley noted that work is continuing in development of the plans for City hall and the police department. He noted that the City will proceed with the sale of the bonds. Bellows asked if it were true that they were operating with soil borings of the site from 1987. She noted that it should be required to submit more current borings when dealing with development. Johnson felt that now may be the time for corrective work to the soil to allow water to be shed off instead of soaked into the • ground. 10 #1701 — CONT. Chair Kelley clarified that the structure is proposed to be used for storage and combined with the existing residential lot next door. He felt it was a great solution to a terrible situation. He noted that a bath and kitchen would not be allowed in the structure and there should not be habitual residential use of the property. It was moved by Chair Kelley, seconded by Schroeder, to recommend approval of Application #1701 for Phyllis Sprague of 3340 North Shore Drive, to allow a residential use of property zoned B -2. Ayes 5, nays 0. ( #8) #1704 C. ARNOLD CARLSON /DARLOW MADGE, 855/875 FOREST ARMS LANE — CONDITIONAL USE PERMIT /VARIANCE — REQUEST TO RESCHEDULE AT A LATER MEETING ( #9) REPORT BY PLANNING COMMISSION REPRESENTATIVE TO COUNCIL MEETING OF NOVEMBER 12, 1991 Johnson attended the meeting of the Council on November 12th. He noted that the Council had trouble dealing with the request by Brinkley on North Shore Drive to allow construction of a garage. Johnson stated that the Council directed the Commission to establish guidelines for entrance monuments. • ( #10) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVE Chair Kelley noted the Committee worked on a comprehensive plan for marinas. He stated that the first draft of the DNR regulations has been completed and Gaffron was currently compiling all comments on the regulations. He noted that it would be submitted to the DNR sometime in January of 1992. He felt that the regulations would be for the betterment of all lakes and natural resources in the area. ( #11) STATUS REPORT BY FACILITIES COMMITTEE REPRESENTATIVE Chair Kelley noted that the City facilities project has been put on hold due to the weather. He stated that the excavator has withdrawn his bid until May of next year. Kelley noted that work is continuing in development of the plans for City hall and the police department. He noted that the City will proceed with the sale of the bonds. Bellows asked if it were true that they were operating with soil borings of the site from 1987. She noted that it should be required to submit more current borings when dealing with development. Johnson felt that now may be the time for corrective work to the soil to allow water to be shed off instead of soaked into the • ground. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991 FACILITIES COMMITTEE REPRESENTATIVE REPORT — CONT. Council member Jabbour noted that the road must go in first in order to proceed with the project. He pointed out that the next lowest excavation bid is $105,000 higher. Bellows noted that she has not been notified of facility committee meetings and requested staff to do so in the future. Bellows stated that since the project has been delayed, perhaps a review of Boarman's contract is appropriate so as not to incur unnecessary expense. (##12) OTHER ISSUES Rowlette requested another joint meeting of the Planning Commission and Council. Bellows felt it may be appropriate to invite the Park Commission to a meeting to find out what they are proposing. (##13) APPROVAL OF MINUTES It was moved by Johnson, seconded by Chair Kelley, to approve the minutes of the October 21, 1991 Planning Commission. Ayes 5, nays 0. (##14) REPRESENTATIVE TO THE COUNCIL MEETING Bellows volunteered to attend the December 9, 1991 Council meeting. ADJOURNMENT Chair Kelley adjourned the regular Planning Commission meeting at 9:00 P.M. • Charles Kelley, Chair Person 11 Chair Kelley stated that he met with Dick Flint of the Park Commission to discuss the Orono sewer pond site and the park plan of Orono. Flint advised him that he would like to see the site developed with three building pads in order to acquire the $150,000 needed for the facilities project. Kelley felt that the land should be maintained as a park and that the City should not sell land for development as land may be needed for parks some day in the future and will be even more expensive than currently. He noted that this site is a habitat for much wildlife and also is a part of the French Lake water system. • Council member Callahan explained that he was under the impression that the Park Commission was split on opinion of development of this site and some members even felt that the site was unvaluable as a park. Bellows felt it may be appropriate to invite the Park Commission to a meeting to find out what they are proposing. (##13) APPROVAL OF MINUTES It was moved by Johnson, seconded by Chair Kelley, to approve the minutes of the October 21, 1991 Planning Commission. Ayes 5, nays 0. (##14) REPRESENTATIVE TO THE COUNCIL MEETING Bellows volunteered to attend the December 9, 1991 Council meeting. ADJOURNMENT Chair Kelley adjourned the regular Planning Commission meeting at 9:00 P.M. • Charles Kelley, Chair Person 11