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HomeMy WebLinkAbout03-16-1992 Planning Commission Minutes• a Planning C 0 mm 1 s s J c n PUBLIC ATTENDANCE Council CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) Li Lo 2. 5. 2 5 7. (I. L-�"j C41 ft 8. 9. 0. 1. 2. 3. 4. 5. 6. 7. .8. I9 �0. a 16 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ROLL 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, Candace Rowlette, and Stephen Peterson. Ed Cohen and Jeff Johnson were absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman and City Recorder Teri Naab. Edward Callahan and Gabriel Jabbour were present to represent the City Council. Chair Kelley called the meeting to order at 7:00 p.m. He welcomed Peterson as a new member to the Commission and expressed his thanks to Moos for her past service. ( #1) #1716 CLIFFORD L. OTTEN /TIMOTHY W. OTTEN, 3740/3800 WEST WAYZATA BLVD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:09 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the original 2 lot plat application involved dividing off the residential lot from the 18 acre parcel to the east. The current application now consists of the two lot • subdivision and a lot line rearrangement between Parcels A and B. She reminded the Commission that the City Attorney had opined that the commercial use had been discontinued on Parcel A for over one year, and therefore, must revert back to residential. She noted that the major portion of the old roadbed is not suitable for septic development, which will be the portion given to Parcel A. She recommended that the Commission request adequate area for septic expansion for Parcel A through the lot line rearrangement. Otten noted his contractor is waiting for appropriate weather to do the testing. Mabusth stated that at a minimum, the lot line rearrangement should allow Parcel B to acquire the existing drive to County Road 6. Otten noted the proposal makes both Parcels A and B more effective or appropriate and squares off the lots. He noted the current lot line makes most of Parcel A useless. He indicated that if the former roadbed is deemed unusable for septic, there is not much other area within Parcel A for septic use. Weckman felt that the triangular part to be acquired by Parcel B would be more suitable for septic use for Parcel A and would meet the required 20' setback. He reiterated that only undisturbed soil could be used for septic use. is 1 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1716 - CONT. Otten contended that such an undisturbed site on Parcel A does not exist. Chair Kelley reminded the Commission that Parcel A is a current substandard lot, and the applicant is proposing to further reduce that acreage. He noted it is the Commission's intent to bring substandard lots into conformance. He asked Otten what his intentions were for Parcel A. Otten said he would need direction from the City as to allowable uses for the property. He noted the roof on the structure on Parcel A needs to be replaced. Chair Kelley suggested that Parcels A and B be combined. Otten noted that would be the last resort and he had jointly purchased the property as a business investment. He suggested that the current proposal was not detrimental to the City. Mabusth asked the applicant to reconsider the proposed line between Parcels A and B as many of the improvements on Parcel B are • intersected by the proposed lot line. • Otten stated they are improvements that could be easily moved. He asked why the originally approved alternate drainfield site for Parcel B was now rejected. Weckman stated that site was at the lowest point of the property and drainage flows through the area. Mabusth noted they will review previously approved septic site information in original subdivision application to determine if that site can still be used. It was moved by Rowlette, seconded by Bellows, to recommend tabling of Application #1716 for Clifford L. Otten and Timothy W. Otten of 3740 and 3800 West Wayzata Boulevard to allow time for further septic testing to be completed. Ayes 5, nays 0. ( #2) #1721 ALBERT HANSER, 1685 FOX STREET - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:45 - 7:53 P.M. The Affidavit of Publication and Certificate of Mailing were noted. 2 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1721 — CONT. Meridith Howell and Clifford Swenson were present to represent the applicant. Mabusth explained the property proposed for a 5 lot subdivision is now located within the new shoreland area of the City. The shoreline of Tanager Lake has been determined at 929.4'; setbacks for septic sites would be 75' from the lake; and setbacks for structural improvements are 100' from the OHWL. She noted the wetland on the other side of the property has a required structural setback of 26' from the wetland and septic at 75'. She indicated that the guest house encroaches the required lakeshore setback as well as the septic system. The guest house would be either required to connect to the system of the main residence or install its own new system. She stated that the wetland to the west of the east drive has not been designated as a wetland but the City would request a drainage easement over that area. She noted the road does not encroach the wetland based on 1' contours provided by the surveyor. Wetlands have been designated at 932.3' elevation. Bellows asked the elevation of the center of Fox Street. Mabusth indicated that elevation to be approximately 934'. She • noted that a culvert under the railroad track had recently been unplugged, thus reducing the elevation of the wetland by .4' She stated that even i f the wet I and to the west i s not a des i gnated wetland, it still functions as an overflow retention area and will be designated as drainage easement. Chair Kelley asked if the tennis court was proposed to be removed. Howell stated that was not proposed. Bellows informed her that since the tennis court encroaches the wetland area, the City may not grant approval of improvements to the court, and noted that was also true for the garage. Chair Kelley asked why a variance was required for Lot 1. Mabusth explained that the lot line between Lots 1 and 2 could be redesigned so variances would not be required. Chair Kelley asked about the guest house. Mabusth stated that any improvements to the guest house would require variance approval. She indicated that a condition in the approving resolution could deal with the options of the septic system for this structure. 3 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1721 - CONT. Chair Kelley asked if Howell was aware of the City's position on riparian rights. Mabusth exp I a i ned that the C i ty i s i n no way attempt i ng to say that they are creating new riparian rights for the property with approval of the subdivision. Bellows asked if the primary septic site for Lot 3 met the 75' required setback. Weckman confirmed that it did meet the setback. Howell asked the Commission to consider allowing the western access drive to remain as it has been in place for many years and has not been a safety concern. It was moved by Bellows, seconded by Rowlette, to recommend approval of Application #1721 for Albert Hanser of 1685 Fox Street for preliminary subdivision approval, subject to the lot line between Lots 1 and 2 be redesignated so a variance would not be required for Lot 1, the issues of the tennis court and garage • encroaching the wetlands be addressed, the removal of the small shed located on the property line, and allowing the circular drive to remain based on the fact that it has existed on the property and it has not been a safety issue. Ayes 5, nays 0. • ( #3) ORDINANCE TO REPEAL ORDINANCE #96, SECOND SERIES, PUBLIC HEARING - 8:45 - 8:46 P.M. The Affidavit of Publication and Certificate of Mailing were noted. It was moved by Schroeder, seconded by Chair Kelley, to recommend adoption of an ordinance to repeal Ordinance #96, Second Series, "An Ordinance establishing an interim moratorium on the granting of land subdivisions that have not received preliminary approval from the City ". Ayes 5, nays 0. ( #4) #1717 LAWRENCE W. AND ARLISS A. GADBAW, 699 MINNETONKA HIGHLAND LANE - VARIANCE - PUBLIC HEARING 7:25 - 7:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Lawrence Gadbaw was present for this application. 4 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1717 - CONT. Mabusth explained this application is a request for a variance to construct a 20x28' carport to the southeast side of the existing residence and approximately 90 s.f. of additional paving leading to the carport. She stated one hardship is the degree of slope from the road to the bottom of the drive. She noted that the City does not currently approve any road in excess of 8% slope, with 5% slope being more typical. Gadbaw stated that they need space to maneuver their vehicles and noted that the overall hardcover figures are within the allowable standards. Rowlette noted that she drove down the drive and felt that every inch of the drive was needed for maneuvering. Chair Kelley asked what the carport would be used to store. Gadbaw noted it was their choice not to enclose the structure, and it was designed similar to the Wayzata Depot. He stated that the carport would be used to store his boat and other items. • Bellows stated she had a hard time with approval of the application and felt it was excessive structure on the property. She asked if the proposed structure meets all setbacks. • Mabusth concurred that it will meet setbacks. It was moved by Schroeder, seconded by Rowlette, to recommend approva I of App I i cat i on #17 1 7 for Lawrence W. and Ar 1 1 ss A. Gadbaw, 699 Minnetonka Highland Lane, for a variance to construct a carport and necessary additional pavement to the existing residence, based on the hardships presented by the applicant. Ayes 4, nays 1. Bellows voted nay. ( #5) #1718 DAVIS FANSLER, 4180 BAYSIDE ROAD - VARIANCE - PUBLIC HEARING - 8:22 - 8:23 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Davis Fansler were present. Chair Kelley reminded the Commission that approval was already given for an 8 bedroom residence on this property. 5 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1718 - CONT. It was moved by Rowlette, seconded by Schroeder, to recommend approval of Application #1718 for Davis Fansler of 4180 Bayside Road for a front street setback to construct a new residence. Ayes 5, nays 0. ( #6) #1719 HENRY BRANTINGHAM, 3185 SIXTH AVENUE NORTH - VARIANCES - PUBLIC HEARING 7:30 - 7:37 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Henry Brantingham were present for this application. Weckman explained that the existing residence is 44.6' from the rear line where a 50' setback is required. He stated that the applicants are proposing an addition off the back and to the east, which would encroach 4.6' further into the rear setback area. He noted that because of the septic system and existing vegetation, this would be the most feasible area for an addition to the house. Mr. Brantingham explained that the new portion of the house was • added on in the 1950s. They are proposing the removal of the older portion of the house and replacing it with a somewhat larger addition. Mrs. Brantingham noted that a horse paddock and pasture runs the entire length of the southern lot line. Chair Kelley asked if they anticipated ever connecting the garage to the residence. Mr. Brant i ngham noted they may w i sh to demo I i sh the ex i st i ng garage in the future and replace with a detached garage. It was moved by Chair Kelley, seconded by Bellows, to recommend approval of Application #1717 for Henry Brantingham of 3185 Sixth Avenue North to construct an addition to the existing residence requiring approval of a rear lot line setback variance. Ayes 5, nays 0. 2 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ( #7) #1720 CITY OF ORONO, FOX STREET - CONDITIONAL USE PERMIT /VARIANCE - PUBLIC HEARING - 7:47 - 7:48 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Rowlette suggested that the City consider repairing the roadway so this will not be a problem in the future. Mabusth noted the application will be reviewed by the DNR and the MCWD. She noted that the culvert under the railroad had not been located or maintained until this year, and they are hoping this will reduce the problem. It was moved by Bellows, seconded by Rowlette, to recommend approval of Application #1720 for the City of Orono, for a conditional use permit and variance to allow the repair of the roadway known as Fox Street. Ayes 5, nays 0. ( #8) #1722 HOWARD EISINGER, 3245 WAYZATA BOULEVARD - RENEWAL CONDITIONAL USE PERMIT - PUBLIC HEARING 7:39 - 7:53 P.M. • The Affidavit of Publication and Certificate of Mailing were noted. Howard Eisinger was present. Mabusth explained the application is a renewal of a conditional use permit that involves a 12 acre former dump site with approximately 100,000 cubic yards of fill. The filling was never realized with previous approval and now the applicant has an opportunity to obtain fill from the City facility project. She stated that staff recommends that the project be reduced to 10,000 cubic yards and to limit the project to a two year time period. She noted this project will not encroach the 26' setback of the wetland on the property. Bellows stated that in the previous approval there was major discussion about immediately seeding the filled area. Mabusth noted that based on the City Engineer's comments, the area could never remain in a disturbed state for more than a 30 to 60 day period. Eisinger stated that his hopes are to start in a place where the fill would be of the greatest benefit to the property. He asked the Commission to reconsider the condition of limitation of the operation of the trucks with the former approval. • 7 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1722 - CONT. Chair Kelley noted those safety conditions were originally placed because of concerns for those going to the school and traffic. He stated that he was adamant about those conditions. He recalled that with the original approval, the contractor had agreed to clean and repair the roadway and asked what provisions had been made with this application. Mabusth stated that it was assumed that anyone doing the work would be responsible for repair of the shoulder. Chair Kelley suggested staff inspect the shoulder before and after the project to assess any damages caused by the trucks. He asked if it would be necessary to provide some type of signal to allow trucks to cross the highway. Mabusth suggested that the Engineer evaluate the situation and determine the necessity of safety precautions. Bellows asked if this effort would fulfill the original intent of the first proposal. - Mabusth noted that there are deep depressions on the property and this is just the first phase of the project. She noted the original application was for 200,000 cubic yards of fill. She indicated that the property would never be allowed to be constructed upon and the soil was not suitable for septic use. It was moved by Chair Kelley, seconded by Schroeder, to recommend approval of Application #1722 for Howard Eisinger, 3245 Wayzata Boulevard, for a renewal of a conditional use permit but amending the allowed cubic yards of fill to 10,000. Ayes 5, nays 0. ( #9) #1723 PATRICIA & WILLIAM DICKEY, 2645 WATERTOWN ROAD - CONDITIONAL USE PERMIT /VARIANCE - PUBLIC HEARING 8:24 - 8:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. & Mrs. Dickey were present. is C3 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1723 - CONT. Mabusth explained this application has four parts. She noted that the application involves two parcels which have been legally combined, Outlot A of Countryside Manor plat and R.L.S. 1080. The property consists of 64 acres. She explained that the first phase deals with the three sided garage structure added to an existing garage on the R.L.S. portion of the property. The structure require a variance to the oversized accessory structure ordinance. She explained that the code allows for a total of 6,000 s.f. for accessory structures on property 9 acres or over. Mabusth explained the second phase involves a 6 -8' high fence along Watertown Road where a 3 1/2' high fence would be allowed. She indicated the fence was in place long ago, and has been expanded due to applicant's claim of an impact on the property from the recent development of Golden View Drive. Mabusth went on to explain that since the properties have been combined, the second principal residence on Outlot A would need conditional use approval to be used as a non - rental unit. She noted there is adequate area on the property if the applicants wished to divide off area for this structure in the future. She stated the second conditional use permit is required for a temporary greenhouse structure used two months each year for a special crop project. Chair Kelley asked if the oversized accessory structure square footage calculation includes the temporary greenhouse structure. He stated he did not have a problem with the overage of accessory structure square footage as long as the acreage of the property remains the same, or if improvements are proposed, additional review by the City would be needed. All Members agreed. Chair Kelley asked how Members felt about the fence. He stated that it is placed i n the wooded area of the property, but noted that it had been added onto since the recent development across the street. Mabusth noted that the fence had been altered in height during construction of the road, but those vertical sections had been removed. Rowlette stated she understood the problem with the road across the street, but noted she could not approve a fence of this height. Chair Kelley stated that since the house was there first, then the road across the street developed, he felt that was adequate hardship for allowing the fence to remain. He asked if the entire greenhouse structure is removed at the end of the two month season. 0 9 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1723 - CONT. Mabusth concurred. She stated that the building department originally had fire code problems with the structure, but those have been resolved. She noted that if there were no changes proposed to the structure, additional approval would not be needed in the future. She noted that the entire structure would be removed each season and stored in the wooded section on the property. Chair Kelley asked about the commercial aspect of the greenhouse. Mrs. Dickey explained that the man that farms the surrounding land and his family would be the persons running the greenhouse. It was moved by Chair Kelley, seconded by Schroeder, to recommend approval of Application #1723 for Patricia and William Dickey of 2645 Watertown Road for conditional use permits and variances based on the following conditions: A) square footage overage for an oversized accessory structure, as long as the property remains as one unit, or if additional improvements are proposed, it would • require additional City review; B) 4.6' in excess of the allowed height for a privacy fence on the north side of the house, with the proviso that there will be no vertical or horizontal extension of the fence; C) temporary greenhouse use, to be removed no later than July 15th of each year and it can be stored on the property in the wooded area; and D) guest house non - rental use of the second principal structure on the property. Ayes 4, nays 1. Rowlette voted nay. Mabusth asked if the square footage of the temporary greenhouse structure should be added into the square footage for the accessory structures. Chair Kelley felt as long as it was not a permanent structure, it should not be added into that figure. 10 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ( #11) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE Chair Kelley reported that at the last meeting, the Committee discussed the regulation of marinas. The next meeting will be March 19, 1992 at 7:45 a.m. ( #12) REPORT BY FACILITIES COMMITTEE REPRESENTATIVES Bellows reported that at a recent meeting with the architect and contractor grading was discussed and the Committee expressed their concerns about the overall project. It was stated that the grading project was 75% complete. She felt that the issue of the construction schedule not being realistic must be addressed. She f I t that the i ssue of who on the Comm i ttee was a I I owed to vote was still unresolved. Jabbour noted that according to the architect, the only time lost to date on the project was in the preparation of the documents. He noted that the architect is continually stating that the plans are being redesigned per staff input and this must stop. The next meeting is scheduled for March 24, 1992 at 5:00 at the Orono Link. ( #14) APPROVAL OF MINUTES It was moved by Chair Kelley, seconded by Rowlette, to approve the minutes of the February 18, 1992 Planning Commission meeting. Ayes 5, nays 0. ( #15) REPRESENTATIVE TO THE APRIL 13, 1992 COUNCIL MEETING Rowlette volunteered to attend the April 13, 1992 Council meeting. ADJOURNMENT Chair Kelley adjourned the regular Planning Co 9.00 P.M. / 11 Ies Kell ission eti at j� ,Chair Per n