Loading...
HomeMy WebLinkAbout01-21-1992 Planning Commission MinutesPlanning Commission F.� PUBLIC ATTENDANCE CITY OF ORONO Council MEETING DATE ILLw)-, PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 20. t MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 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, Ed Cohen and Sara Moos. Jeff Johnson was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, and City Recorder Teri Naab. The following Council Members were present: Council Members Goetten and Jabbour. Chair Kelley called the meeting to order at 7:00 p.m. (#1) $1706 WILLIAM F. & EVELYN S. KNAPP, 4300 BAYSIDE ROAD - PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMIT FOR PRD - PUBLIC HEARING 7:00 - 7:12 P.M. The Affidavit of Publication and Certificate of Mailing was noted. William Knapp was present for this application. Mabusth explained Mr. Knapp purchased the property from Mr. Parten. The former McCloud property to the east has an easement across this property which the City is asking to be made a part of Outlot D. She noted the Planning Commission had conceptually approved a PRD because of the topography and unusual shape of the property. She noted the house existing on the property Is a four bedroom home and the current mound system does not allow for future bedroom expansion to the home, however the system could be expanded to the alternate septic site to allow for an addition. Mabusth further explained that the proposed lots are 2 -3 acres in area and the setback standards for a 5 acre zone are not workable. She suggested the Commission approve use of the 2 acre standards for this property. She noted the various methods suggested in the staff memo to liit development within the steep sloped areas. Philip Asoa, 125 Turnham Road, was present to see how the application would affect his property and did not state any objections to the proposal. Chair Kelley explained that the Commission allowance of a PRD for this parcel. He felt of this land warranted the PRD. He noted the discussed the road and cul -de -sac and loop, th property, and even the possibility of Asoa accessing across this property. • first reviewed the that the topography Commission had also e nature conservancy and Deter property MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 ZONING FILE #1706 - CONT. Mabusth also noted that in the earlier review the Commission had not dealt with special development standards for a PRD. If we were to limit all land alterations and construction within the areas exceeding 18% slope, this may have an impact on the existing house on Lot 1, Block 1. Knapp stated that he had not received a copy of these conditions prior to the meeting and asked for clarification. He felt that did not make sense to restrict that parcel as such. Mabusth noted that when a detailed topographic survey of Lot 1 is provided, the impact will not be that negative as a site inspection confirms areas immediately adjacent to the house on the east and north that are not in excess of 18% slope. It was moved by Cohen, seconded by Chair Kelley, to approve a conditional use permit for a Planned Residential Development for Application #1706, William and Evelyn Knapp, 4300 Bayside Road, approving the following: 1. Special setbacks: allowing setback standards setforth in the 2 acre zone. 2. Prohibition of all land alterations /construction within areas found to be in excess of 18% slope. 3. Require open space easements over Outlots A and B. Easement to include future access drive to Nature Conservancy property. 4. The staking of alternate septic site within Lot 1, Block 1 and primary and alternate site in Lot 1, Block 2 prior to private road and private drive construction. 5. Easement serving property to immediate east to be located within private driveway outlot, Outlot D. Ayes 5, nays 1. Bellows noted that she did not approve of this application from the beginning and still did not approve of it. She felt that this area of the City should not be developed this densely. Is 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 ( #2) #1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE - CONTINUATION OF PUBLIC HEARING 7:13 -7:17 P.M. Mr. & Mrs. McCurdy were present for this application. Mabusth explained that the application involves the installation of a second story deck over existing patio area. She noted that at the time an addition to the existing structure was proposed, the owner claims that the plans showed patio doors leading out onto a deck. She stated that the patio doors are in place. Mr. McCurdy recently proceeded with the installation of the deck and a Stop Work Order was issued. When McCurdy came to the City to apply for a permit, he was told his property had excesses of hardcover and he could not increase the level of structural hardcover. Mabusth pointed out that in 1986 a garage addition was approved, and the hardcover calculations presented for that review were completed by staff. Since that time, errors have been discovered in those calculations. It was originally reported that there was no hardcover in 0 -75' setback area, but after reviewing the property, it is known that area does have extensive hardcover. She also noted that the original estimation of hardcover for the drive was incorrect. Mabusth advised that the McCurdys ask the Commission to allow the installation of the deck which increases the structural hardcover on the property by 119 s.f., without providing an updated survey, with a disclaimer that if any additional improvements are proposed an updated survey would be required. Cohen asked if it was customary to require an updated survey at the time of application and Mabusth noted that is the normal procedure. McCurdy explained the survey would cost between $500 -1000, which is more than the value of the deck. He reiterated that hardcover has not changed from the previous survey other than within the 0- 75' setback area. He stated that a retaining wall was added near the drive to hold the dirt back. It was moved by Cohen, seconded by Bellows, to recommend denial of Application #1700 for Dale McCurdy, 4041 North Shore Drive, until an updated survey is provided. Ayes 6, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 ZONING FILE #1700 - CONT. Rowiette noted that she has no problem with the deck and if patio doors were proposed on the plans, obviously they were intended to lead somewhere, but noted the required submittals include an updated survey. She also asked if variance and /or permit approval is subject to a deadline. Mabusth noted that these approvals do have a deadline. McCurdy noted that the deck is partially built and that is how it wi I I stay. He stated that if someone is hurt it w I I be the City's liability and did not intend to take the application to the Council for review. ( #3) #1704 ARNOLD CARLSON & DARLOW MADGE, 855/875 FOREST ARMS LANE - CONDITIONAL USE PERMIT /VARIANCE CONTINUATION OF PUBLIC HEARING 7:55 -7:57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Carlson was present for this application. Mabusth explained that the first phase of this application does not involve Mr. Carlson's property. She noted that this application is basically clearing up a condition that should have been addressed by the original development in 1970. Chair Kelley noted that as a Planning Commission, they could not really give any more direction other than what the City Engineer and the Minnehaha Creek Watershed District has supplied. Mr. Carlson stated that they would like to proceed with the application. Councilmember Goetten asked that Mr. Madge be present at the Council meeting at which the application would be presented. It was moved by Cohen, seconded by Schroeder, to recommend approval of Application #1704 for C. Arnold Carlson and Dar Iow Madge, 855/875 Forest Arms Lane, granting a conditional use permit and variance subject to conditions set forth by the City Engineer and the Minnehaha Creek Watershed District. Ayes 6, nays 0. 0 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 ( #4) #1705 CHRISTOPHER SMITH, 3650 CASCO AVENUE - VARIANCE - PUBLIC HEARING 7:27 -7:30 P.M. The Affidavit of Publication and Certificate of Mailing were acknowledged. Mr. and Mrs. Christopher Smith were present for this application. Mabusth explained applicants are proposing the reconstruction of a residence on the property. She noted that only an average lakeshore setback variance is needed. She noted that it is doubtful whether a house could be constructed on the property without the need of an average setback variance. Bellows noted that for all intents and purposes, the property to the south does not even have lakeshore. Chair Kelley asked if the proposed house would be in line with the next house to the south. Mabusth responded in the affirmative. It was moved by Bellows, seconded by Schroeder, to recommend approval of Application #1705, Christopher Smith, 3650 Casco Avenue, approving an average setback variance to allow the reconstruction of an existing residence, based on the extenuating circumstances that the house directly to the south that must legally be considered does not meet current standards for lakeshore frontage lots and creates a hardship. Ayes 6, nays 0. ( #5) #1707 JACK RHODE, 1690 SHADYWOOD ROAD - RENEWAL VARIANCE - PUBLIC HEARING 7:31 -7:37 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Jack Rhode was present for this application. Mabusth explained this is a renewal application seeking approval to tear down the existing residence but retaining the existing foundation, which is partially located within the 0 -75' setback area. She noted there has been no change from previous applications for this property. Chair Kelley asked what would happen if it were determined that the foundation needed to be replaced. Mabusth noted that if any portion of the foundation needs to be replaced, the applicant must come before the Commission with a new application. 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 ZONING FILE #1707 - CONT. Rowlette asked what effect the new shoreland regulations will have upon the property. Mabusth stated that Rhode had been cautioned that these regulations may affect his property, however she stated that the regulations may not have that much impact on general development lake properties such as this property. Rhode noted that he is still trying to sell his other house and will not proceed with the reconstruction of this house until the sale is complete. He realizes that there may be changes in the shore land regulations, and noted he is willing to take that chance. It was moved by Cohen, seconded by Moos, to recommend approval of Application #1707 for Jack Rhode, 1690 Shadywood Road, for a renewal variance to reconstruct the existing residence, based on the hardships and findings stated in past applications for this property. Ayes 6, nays 0. ( #6) #1708 & #1709 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH - VARIANCE /CONDITIONAL USE PERMIT - PUBLIC HEARING 7:37 -7:50 P.M. The Affidavit of Publication and Certificate of Mailing were acknowledged. Judson Dayton was present for this application. Mabusth explained Application #1708 involves expansion of an oversized accessory structure on the former Lyman property, which Mr. Dayton now owns. The expansion to the east side will be approximately 23'x32'. She stated that the accessory structure ordinance doesn't take into consideration properties which are larger than the maximum noted in the ordinance at 9 acres. She stated that the 5,168 s.f. proposed structure will still not exceed the total area allowed at 6,000 s.f. for all accessory structures, on the 23+ acre property. Bellows stated that the intent of the ordinance was not to promote several smaller structures on a parcel that would be 1 s.f. less than the maximum allowed, and she noted it is preferred that an owner build fewer, larger structures. She noted that this proposal is certainly within the scale of what is located on the property at present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 ZONING FILE #1708 — CONT. Chair Kelley concurred with Bellows. He noted that if the property were later subdivided, the oversized accessory structure would have to meet the standards pertaining to it. It was moved by Moos, seconded by Schroeder, to recommend approval of Application #1708 for Judson Dayton, 825 Old Crystal Bay Road South, to approve a variance to the oversized accessory structure ordinance allowing an addition to an existing accessory structure, based on the intention of the ordinance to limit the number of accessory structures and the proposed building does not exceed the total allowed square footage. Ayes 6, nays 0. Mabusth explained Application #1709 involves the renovation of a guest apartment located on the second floor at the south end of the accessory structure. Access to the apartment is via a doorway on the south side through the maintenance garage. Dayton explained he has no intention to make it an apartment at this time, but rather the intent is to repair the existing area. Bellows noted that if plumbing is provided, that is the issue and IV the reason for the conditional use permit. Mabusth stated that the apartment is being supplied with plumbing. Cohen explained that once again if the property were subdivided in the future, pertinent ordinances would have to be adhered to. Chair Kelley pointed out that the property contains two principal structures, one for the caretaker. Mabusth indicated that both structures are old and was not aware of a conditional use permit being granted. The applicant is not proposing any changes to the caretaker residence. Dayton explained that the Lymans added onto the caretaker residence about 5 years ago and perhaps a conditional use permit had been issued then. Chair Kelley felt that the issue should be addressed at this time to avoid any future problems. Cohen noted that a public notice and certificate of mailing would need to be done to fulfill requirements. He suggested the issue be brought back at the next meeting. V 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 4a HELD JANUARY 21, 1992 ZONING FILE #1708 - CONT. It was moved by Rowlette, seconded by Moos, to recommend approval of Application #1709 for Judson Dayton, 825 Old Crystal Bay Road South, allowing the renovation and restoration of a former caretaker's apartment located over the maintenance garage. Ayes 6, nays 0. ( #7) #1710 RICHARD BLOOMQUIST, 3333 SHORELINE DRIVE - VARIANCE - PUBLIC HEARING 7:50 -7:55 P.M. The Affidavit of Publication and Certificate of Mailing were acknowledged. Mr. Lyle Fuller was present to represent the applicant. Mabusth explained this application involves a substandard separation setback of a salt storage structure and the principal structure. She noted that staff cannot legally ask Mr. Bloomquist to install a required firewall without approval for the placement of the structure. Fuller indicated they would be willing to install fire protective material or move the structure or install fire extinguishing devices. Bellows stated they may only be required to install additional sheet rock in the structure. It was moved by Bellows, seconded by Moos, to recommend approval of Application #1710 for Richard Bloomquist, 3333 Shoreline Drive, granting a separation setback variance for a salt storage structure, subject to the structure meeting the appropriate fire codes. Ayes 6, nays 0. ( #8) #1551 ROBERT WAADE, WILDHURST ESTATE - A) COUNCIL SEEKS DIRECTION FROM PLANNING COMMISSION CONCERNING PLACEMENT AND HEIGHT OF ENTRANCE MONUMENTS B) RECOMMENDATION - PLAN FOR ENTRANCE MONUMENTS FOR WILDHURST ESTATES Mr. Waade was not present for this application. Rowlette in reviewing ordinance supplied from Plymouth and Wayzata on entrance monuments noted that both cities do not address height but rather deal solely with square footage restrictions, which would in effect limit height. Is 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING M HELD JANUARY 21, 1992 ZONING FILE #1551 — CONT. Chair Kelley asked the Commission to give their opinions on entrance monuments. Rowlette felt they should be allowed at the entrance to a subdivision, but not at entrances to individual properties. Cohen agreed with Rowlette and felt the 8' allowed height is too high. Bellows felt that often times entrance monuments are appropriate. She felt this is a subjective call and historically speaking architecturally, entrance monuments have been an important part of residential architecture. She stated that the height limitation is appropriate and any proposal exceeding that limitation should be reviewed by the Planning Commission. Schroeder agreed and felt that the Commission should not impose their dislikes of such monuments. Moos agreed with Bellows. Bellows stated that these monuments should not be signs. She noted there is a difference between entrance monuments and signs. Monuments are more like gate posts with perhaps fencing attached. Chair Kelley asked who is responsible for maintenance of such monuments. Mabusth explained monuments are typically maintained through the homeowners' association. Councilmember Jabbour asked how the Commission felt since fence height in a front yard was restricted to 3 1/2' , shouldn't entrance monuments be restricted to the same height limitation. Rowlette felt monuments were appropriate for large estates, but not smaller properties within a subdivision. Bellows stated that she would like to see a distinction between monuments and signs. Rowlette suggested language be added to the ordinance, similar to that of Plymouth and Wayzata, stating responsibility for maintenance of monuments and signs should be that of the association, and the City in noway will be responsibility for maintenance or cost of removal of monument in the case of disrepair. Is 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING FILE #1551 — CONT. Chair Kelley noted that another problem may arise if a private road is changed to a public road, thereby dissolving the homeowners' association. He stated that he would prefer to leave the ordinance as it is and review any proposals which exceed the allowable restrictions. Bellows reiterated that a distinction should be made between monuments and signs. She also stated that the ordinance should remain the same and proposals exceeding the allowed restrictions should be reviewed. Councilmember Jabbour not be allowed to be 1/2'. It was moved by Cohen, #1551 for Robert Waade applicant is present. stated that he felt that monuments should higher than the allowed fence height of 3 seconded by Schroeder, to table Application Wildhurst Estates, until such time that the Ayes 6, nays 0. Mabusth asked what the Commission felt about amending the code. Chair Kelley stated that they felt the code should not be amended. Row I ette felt that the code should be amended to add the disclaimer regarding liability of the City to maintain the monuments. Mabusth asked if height should relate to open space. She noted that based on the code, if Waade cuts back on the signage area proposed, he could be allowed to place individual monuments as proposed. ( #10) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVES Chair Kelley announced that the Lake Use Committee is in its final stages of drafting the shoreland regulations. Councilmember Ca I I ahan has suggested a pub I i c hear i ng be he I d before the P I ann i ng Commission on the proposed ordinance. Kelley felt that the Committee was commissioned to draft the ordinance and did not feel the Planning Commission should become involved in redrafting the ordinance. He suggested the Planning Commission schedule a public hearing for public comments on the proposed ordinance. All Members agreed. 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 40 HELD JANUARY 21, 1992 ( #11) STATUS REPORT BY FACILITIES COMMITTEE REPRESENTATIVE Bellows explained that the City now has a contract with the excavator. Chair Kelley asked about changing the water table in the area. Mabusth stated that the City will have a land use application for land alterations on the site presented at the Planning Commission's February meeting. Jabbour asked Kelley if he was asking if it may cost the City more money? He felt if a contract was in place, that would be the final cost. Chair Kelley asked about the elevator. Bellows noted that a new law would be going into affect which requires that if any portion of the mezzanine is used for anything other than mechanical equipment, an elevator would need to be provided. She noted at the last meeting, the architect was directed to present all the facts at the next meeting. Bellows pointed out that the Committee is very loose on when a decision needs to be made. She felt the procedures for voting on a decision should better be defined. She noted that minutes are not even taken at the meetings. Cohen stated that is illegal to hold meetings without minutes being recorded. Bellows noted many times a vote is not even taken and he who speaks loudest and last seems to be the vote. Councilmember Goetten agreed that the Committee needs to have a single person in charge of conducting the meetings, and noted she has brought this up before. Bellows suggested they ask the architect to take minutes and submit them to the City. Councilmember Jabbour stated that this issue would be brought up at the next Council meeting. Is 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ( #12) OTHER ISSUES A) Councilmember Jabbour stated that he was made aware through the newspaper that the City was seeking applicants to serve on the Planning Commission. He stated that Callahan, Goetten and himself all felt that they need to change what happened a year ago with respects to appointments to the Commission. He felt that Commission members do not need to be interviewed by the Council to be reappointed to the Commission and noted the Council would be looking at this issue. B) Sewer Pond Property Mabusth reviewed a sketch of proposed development for this property. Chair Kelley stated that he disagrees with the concept of residential development for this property. He stated that the Park Commission was granted money to study the alternatives for this property. The Park Commission recommended partial park development and partial residential development in order to raise money for the new facilities. He felt they are proposing to sell off the best portion of the property, the oak knoll, for residential development. He stated that there is money in escrow that the Council could use to help pay for the City facilities, and noted the City may never get another chance to purchase 4 acres of land for parks again. Cohen reiterated Kelley's view that by retaining the property for park land, it is like having money in the bank. Bellows agreed with Kelley and stated it is good planning to retain the property and agreed the chance to buy such a parcel may not be an option in the future. All Commission Members agreed. ( #13) APPROVAL OF MINUTES It was moved by Cohen, seconded by Chair Kelley, to approve the minutes of the November 18, 1991 Planning Commission. Ayes 6, nays 0. ( #14) REPRESENTATIVE TO THE COUNCIL MEETING Bellows volunteered to attend the February 10, 1992 Council meeting. 12 is MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ADJOURNMENT Chair Kelley adjourned the regular Planniryg 8:30 p.m. ' harIes" Ke 13 issior meeting at , 'Chair/ Person