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HomeMy WebLinkAbout02-18-1992 Planning Commission MinutesJ a t- �, I- -- 1 i �J • c � i Ell R��:� • • 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 411" The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, Charles Schroeder, and Jeff Johnson. Candace Rowlette, Ed Cohen and Sara Moos were absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron and City Recorder Teri Naab. Edward Callahan was present to represent the City Council. Chair Kelley called the meeting to order at 7:00 p.m. ( #1) AMENDMENT OF SHORELAND REGULATIONS - PUBLIC HEARING 8:00 - 8:06 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Chair Kelley noted all the work done by the Lake Use Committee in drafting the proposed ordinance. He felt the Commission did not need to review each item, as that was what the Committee was set up for. He announced the City's intent was to pass the ordinance, then send it on to the DNR for review and also send it to other surrounding cities to let them know what Orono's positions are on the proposed DNR's regulations. He noted that some areas are more restrictive than the DNR's regulations, and in some areas the DNR has been more restrictive than what Orono currently has in force. Bellows asked what will happen to previously approved subdivided properties that will no longer meet buildable standards. Gaffron noted the proposed ordinance will treat a vacant lot created under previously existing ordinances which does not meet current standards, as non - conforming. He stated that lots such as this will need a variance to build upon. Mabusth directed them to review the sewage treatment setback, and noted that has not changed, which means septic testing for previously subdivided lots will not have changed. Bellows asked what happens to lot area calculations. Gaffron noted they did not change calculations for dry buildable land. He indicated that slopes on a property could be problematic to sept i c systems, but the C i ty does not fee I comfortab I e i n say i ng all areas of land with slope of 18% or greater are not buildable. Bellows asked if this would force them to change the definition of dry buildable. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 • AMENDMENT OF SHORELAND REGULATIONS - CONT. Gaffron noted the area within the setback from wetlands is still considered as part of the dry buildable land for that property. Bellows indicated she was overall pleased with the document and especially liked the statement that indicated it was all right to prejudice in favor of the City. Schroeder asked if this ordinance would likely produce many more variance requests. Gaffron noted that with regards to some types of applications, it would. He indicated that most development within the busy areas of Orono are zoned 1/2 -1 acre and these areas have not been greatly affected by the proposed ordinance, unlike the areas to the north, which will be greatly affected. Bellows asked if this would affect the Hanser's subdivision application. Mabusth stated it would not have an impact on that subdivision request, but would greatly change the status of the Stubb's property on Fox Street. She noted that with the new setbacks, Stubbs would not have a buildable lot. • Gaffron indicated that the DNR, at the City's urging, came up with Ordinary High Water (OHW) levels for Classen Lake, Dickey Lake, Lydiard Lake and French Lake. He stated when they did French Lake, the DNR came back with three different designations of OHW levels for this basin. Schroeder announced it would greatly affect properties to the north. He stated that to put an addition on to his house would require a 75' setback from a creek which is dry part of the year, opposed to a 26' setback which is currently required. Chair Kelley noted the DNR has missed designating the Woodhill pond, as well as one on the MacMillan property. Gaffron stated that these ponds are not considered as lakes by the DNR. He reviewed that in the 1970s, the DNR defined which lakes are to be considered as protected waters, and those are the lakes incorporated within the amended regulations. The City has added two additional tributaries beyond those regulated by the DNR. Gaffron reviewed that the DNR was proposing a 25' height limitation for buildings, but the City has chosen to retain the currently enforced 30' limit. He stated that the calculations for determining hardcover will stay the same as per current code. • 2 • C� • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 AMENDMENT OF SHORELAND REGULATIONS - CONT. Johnson asked about sections that refer to vegetation. Gaffron noted that the currently existing code doesn't address this issue in any detail. The proposed code will expand upon that code, addressing slope, screening, and clearcutting of Lakeshore vs. selective thinning. Callahan reviewed that the proposed ordinance is close to that proposed by the DNR. He noted that staff supported the addition of PRDs on lakeshore lots. He did not anticipate a problem with the DNR in reviewing the ordinance. Gaffron noted that the DNR had proposed a hardcover standard allowing 25% of the lot area to be hardcovered. He stated that on a narrow, deep lot this basically would allow all improvements right up to the setback line which our current code discourages by using more zones. He indicated that the Committee understands the ordinance as it exists, and therefore they have decided to stay with it. Johnson felt the public was still not well- versed in the current hardcover ordinance. Gaffron felt there were few advantages, other than simplicity of calculation, with the DNR's proposed regulations. Gaffron reviewed that allowing PRDs within Lakeshore development, may in some situations result in more restrictive development than the present code. He noted the proposed ordinance will be taken to the Council for adoption at their February 24th meeting, and assumed at that time, the subdivision moratorium would be canceled. Johnson asked what the benefit of adopting the ordinance prior to DNR review would be. Callahan explained that Wayzata had adopted its ordinance last September and submitted it to the DNR for review, and to date, they have not received word from the DNR. Callahan felt Orono should adopt the ordinance as soon as possible so the moratorium could be canceled. He felt the proposed ordinance was substantially in conformance with the DNR. Callahan felt this was basically a good ordinance, and felt that other cities around the lake may also adopt portions of the ordinance. 3 • �J • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 AMENDMENT OF SHORELAND REGULATIONS - CONT. Gaffron noted it is Council's intention after the adoption of the ordinance to send a letter to the DNR and surrounding communities explaining Orono's actions and position with regards to the ordinance. It was moved by Chair Kelley, seconded by Schroeder, to recommend adoption of the proposed shoreland overlay district and new performance standards. Ayes 4, nays 0. Bellows noted that the ordinance affects much of the developed area within Orono. Gaffron stated it makes one wish the DNR had forced the issue 20 years ago. He stated that Boyke's proposed subdivision on Lydiard Lake will not be approved without additional variances, and noted Mr. Boyke was aware of this fact prior to this adoption. Chair Kelley felt it would be good to let the citizens know of the new ordinance in a newsletter. Callahan announced all other Council members but himself think the newsletter is a good idea. He stated they had reviewed it in connection to the amended septic code ordinance. Schroeder felt it was important to communicate to the residents. Bellows stated that most citizens probably had no idea of the impact this ordinance would create. Callahan reminded them that the City had no choice in amending its shoreland regulations. Mabusth felt this ordinance will require an educational process for immediate applicants and the general public. Chair Kelley asked if Long Lake was required to amend its shore land regulations. Gaffron stated they probably would be, but were apparently not in the first priority grouping and therefore were afforded more time to do so. 4 • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 ( #2) #1711 EDWIN & TRACEE GIBBS, 1135 LOMA LINDA AVENUE - VARIANCE - PUBLIC HEARING 7:00 - 7:05 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Mr. and Mrs. Edwin Gibbs were present for this application. Mabusth explained this application is a request for a variance to p I ace a detached garage i n f ront of the f ront I i ne of the pr i nc i pa I residence. She noted the garage will meet the street setback required and hardcover is not an issue. Mrs. Gibbs stated the driveway is 23' wide and does not extend to the retaining wall. Chair Kelley asked why they were not proposing an attached garage. Mrs. Gibbs noted they already have a tuck -under garage, which will be changed to a bedroom. Mr. Gibbs noted the house will be warmer without a tuck -under garage. Chair Kelley asked about neighbors' comments. Mrs. Gibbs stated the neighbors were very supportive. Chair Kelley asked if a backup apron will be provided. Mrs. Gibbs noted they wi I I be backing out onto the street, the same as they are currently doing. It was moved by Johnson, seconded by Schroeder, to recommend approval of Application #1711 for Edwin and Tracee Gibbs of 1135 Loma Linda Avenue for a variance to allow construction of the detached garage in front of the front line of the principal structure, based upon hardships expressed by applicants. Ayes 4, nays 0. !• MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 • ( #3) #1712 EDWARD BAKER, 3059 FARVIEW LANE - VARIANCES - PUBLIC HEARING 7:05 -7:10 P.M. The Affidavit of Publication and Certificate of Mailing was noted. John Baker, applicant's architect, was present for this application. Mabusth explained that this is a request for a revision of a previously approved variance application, which will actually reduce hardcover within the 0 -75' zone, reduce setback encroachment within the Lakeshore protected area, but will increase hardcover within the wetland protected area by 37 s.f. Chair Kelley asked if the walkway shown on the plan would be removed. Baker noted the walkway is existing and will now connect to the proposed deck, but will be modified so as not to be at such a great angle. Mabusth noted that would further reduce hardcover. Chair Kelley asked if the neighbors have responded to the notice. • Baker was not aware of any comments. It was moved by Schroeder, seconded by Bellows, to recommend approval of Application #1712 for Edward Baker, 3059 Farview Lane, amending a previous variance approval which results in a reduction in hardcover. Ayes 4, nays 0. ( #4) #1713 WHITNEY & BETTY MACMILLAN, 1560 FOX STREET - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:10 -7:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Herb Baldwin was present for this application. Mabusth explained the application is a request to move a low area further east. She noted the City Engineer had no further comments regarding this application and that staff has noted the need for erosion control. Baldwin stated this would be simply moving what exists, over. He noted Cook commented that it was necessary with this project to provide for positive drainage. 0 6 • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 ZONING FILE #1713 - CONT. It was moved by Bellows, seconded by Johnson, to recommend approval of Application #1713 for Whitney and Betty MacMillan of 1560 Fox Street for a conditional use permit to allow relocation of an existing retention area, per the requirements by the City Engineer that erosion control be provided. Ayes 4, nays 0. ( #5) #1714 THOMAS W. LYTLE, 1935 CONCORDIA STREET - VARIANCES - PUBLIC HEARING 7:14 -7:23 P.M. The Affidavit of Publication and Certificate of Mailing were acknowledged. Mr. Lytle was present for this application. Lytle explained that a survey from 1955 in the City files incorrectly showed the house location and was absent an addition. He noted when planning for a proposed deck, he used that survey. At Mabusth's suggestion, an updated survey was done. He stated that survey reduced the lakeshore setback line by 11' forcing the proposed deck into the protected area. He explained the south side of his property slopes down, and by locating the deck there, would be very close to the neighbors' deck and living room. Bellows asked if it would be feasible to move the deck 90 degrees. Mabusth stated that the lakeshore setback line does not remain at 9' adjacent to the residence but as it extends northward, it decreases to approximately 6'. Lytle announced that a bay window is located on the lake side of the house, which would prohibit the deck to be located at that location. Chair Kelley suggested the applicant come back to the Commission with a revised plan and felt he should contact his neighbors to review the plan with them. Lytle noted that by putting the deck on the south side of the house, two mature trees would need to be removed, and the southern corner of the house is all windows and the trees provide shade and privacy for that portion of the house. It was moved by Chair Kelley, seconded by Bellows, to table Application #1714, Thomas W. Lytle, 1935 Concordia Street, to allow applicant time to redesign his proposal. Ayes 4, nays 0. 7 • • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 ( #6) #1715 CITY OF ORONO, 2700 TOWN HALL ROAD - CONDITIONAL USE PERMIT /VARIANCE - PUBLIC HEARING 7:23 -7:30 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Mabusth reviewed that the designed wetland for this site was designated at 1018' elevation, with a drainage easement designated over the drainageway that came in from the school property and drainageway that exists to the east. She noted the M.C.W.D. has requested that detention be provided on -site, meaning additional storage volume needs to be created to store the runoff from the totally developed site. She reviewed two options: 1) three ponds; and 2) 1 pond. Mabusth noted that Stephen McComas, limnologist of Bonestroo, prefers the three pond option. Mabusth noted the Design Committee had met that day. Bellows noted she thought that meeting had been postponed, and asked that notices be sent in the mail prior to the meetings. Bellows asked if Boarman had commented on the situation. Mabusth noted that Boarman was not present for the meeting. Mabusth stated he had not commented. Chair Kelley asked if there was any benefit as far as mosquito control goes to either option. Mabusth explained with only one large pond there was a greater potential for the water becoming murky. She was unaware of the pest control issue. It was moved by Chair Kelley, seconded by Bellows, to recommend approval of App I i cat i on #1715 for the C i ty of Orono, 2700 Town Hal I Road for a conditional use permit and variance to allow land alterations in excess of 100 cubic yards within a designated Type 2 wetland. Ayes 4, nays 0. Johnson asked what was in place on the site. Mabusth noted there are large piles with rich, dark soil, and many potholes with water. Granular fill is being brought in to raise the building and parking lot area. She noted geotechnical fabric will be installed in all parking areas. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 . ZONING FILE #1715 — CONT. Bellows felt these additional corrections being brought up at this time were inexcusable and noted that Boarman should be questioned regarding this matter. Mabusth noted that it was staff's understanding that there would be less soil corrective work for this site than would be required for property at the southwest quadrant of Highway 12 and Old Crystal Bay Road North. Bellows reminded them that the soil borings for this site were not submitted until the bids went out. Callahan corrected her, noting that borings were done a long time ago, but during a dry season. Mabusth noted that there had been some concern on the part of the City Engineer dealing with the degree of slope from the Public Works building to the street. Bellows asked who the civil engineer for the project is. Mabusth stated that Mark Gronberg is doing all preparation for the watershed permit, and noted that she could not provide a name of the persons responsible for civil engineering matters involving City facilities. Bellows asked who was doing the grading plans. Mabusth hoped they were following the plan submitted by Mark Gronberg. Bellows felt they should get together Krause Anderson and Boarman to review all these issues. Mabusth noted the next Facilities Committee meeting was scheduled in two weeks. Callahan felt that in two weeks it would be too late, and it was his understanding that Boarman felt the meeting held today was needed to get the specs together, which wasn't done. ( #7) REPORT BY PLANNING COMMISSION REPRESENTATIVE TO COUNCIL MEETING HELD FEBRUARY 10, 1992 Bellows attended and had no comment. • 9 • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 REPORT BY PLANNING COMMISSION REPRESENTATIVE - CONT. Mabusth clarified that McCurdy's application was brought before the Council at that meeting because she needed direction from the Council on the after - the -fact partially built deck situation. She noted that Bellows had indicated it was not necessary to have the application reviewed by Council. ( #8) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVE Reviewed in conjunction with Item #1, above. ( #10) OTHER ISSUES Mabusth asked if the Commission would like to schedule planning work sessions for the first Monday of the month from 5 :00 to 7:00 p.m. if there were issues staff wanted to review with the Commission. Chair Kelley agreed with the work sessions, and asked for prior notice of the meetings. ( #11) APPROVAL OF MINUTES It was moved by Chair Kelley, seconded by Schroeder, to approve the minutes of the regular meeting of the Planning Commission held on January 21, 1992. Ayes 4, nays 0. ( #12) PLANNING COMMISSION REPRESENTATIVE Chair Kelley volunteered to attend the Council meeting to be held on March 9, 1992. Chair Kelley asked if Moos was resigning from the Commission. Mabusth noted that Moos was contacted by the Mayor and Moos advised that she no longer wished to serve on the Commission. Chair Kelley suggested they send some kind of recognition to her for her years of service. Chair Kelley explained the Hockey Association's proposed ice rink to be located on the northwest corner between Old Crystal Bay Road North and County Road 6. He noted he has urged the Association to submit a plan to the City for review. lies MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 18, 1992 ADJOURNMENT Chair Kelley adjourned the regular Planning Comm,kssion meet g at 8.30 p.m, j /,/l/' ar I es Ke I ey, Cha i r Pr,son • 11