Loading...
HomeMy WebLinkAbout05-18-1992 Planning Commission MinutesPlanning Commission 16 CITY OF ORONO PUBLIC ATTENDANCE MEETING DATE Council PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. i 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 0. NA11E OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 1 F1, 4. 5, 6. i 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD MAY 18, 1992 ROLL The Orono Planning Commission met on the above date with the following members present: Planning Commission Acting Chair Ed Cohen, Jeff Johnson, Candace Rowlette and Stephen Peterson. The following were absent: Charlie Kelley, Maureen Bellows, and Charles Schroeder. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth and City Recorder Teri Naab. Chair Cohen called the meeting to order at 7:00 p.m. ( #1) #1732 JOAN SWEETSER, 845 OLD LONG LAKE ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Joan Sweetser was present. Mabusth explained that this is a two lot subdivision. In 1987, this was proposed as a three lot subdivision, which received preliminary subdivision approval but was never finalized. The outlot location was approved by the City for a private road. Additional surveying work will be required to locate the designated 41 wetland within the subdivision. The former guest house is no longer inhabited and the City will ask for appropriate abandonment of the septic system and the well pit. State well records confirm that the well has been abandoned and grouted. Access to Lot 2 will be via the dry buildable corridor where the original road outiot was located and approved by the City. Cohen asked if the guest house should be razed. Mabusth said that it still can be used as an accessory structure. The square footage of the structure is 718 s.f., so it easily satisfies the required setback of 10'. The approval resolution should specify the approved use of the structure. Al Bronte, 925 West Wayzata Boulevard, asked how far it goes into Highway 12. Mabusth showed him the plat map and the location of the property noting the property does not extend to Highway 12. Sweetser asked if it is necessary to abandon the septic system and well pit as it has never been a problem in the past. Mabusth noted this issue would have to be brought before the Council for comment as improvements are required by State law. • MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD MAY 18, 1992 ZONING FILE #1732 - CONT. Cohen felt that for safety reasons, the septic system and well pit should be appropriately abandoned. Sweetser noted the area of the well pit is every extensive, up to four men could stand in it at one time, and it is covered over with metal. Cohen asked if the metal could be removed. Sweetser stated that it is a man hole which has been there for many years without a problem. Johnson suggested that they leave the decision to the discretion of the building inspector, although this was probably the reason why it was brought up in the first place. It was moved by Rowlette, seconded by Johnson, to recommend approval of Application #1732 for Joan Sweetser, 845 Old Long Lake Road, for a two lot subdivision, subject to the following conditions: 1. dedication of 33' of right -of -way for Old Long Lake 16 Road; 2. the guest house can never be used as a residential unit and prior to final approval the septic system and the well pit be appropriately abandoned; 3. the surveyor must designate the wetlands; 4. City to require granting of a flowage and conservation easement over designated wetlands; 5. granting of drainage and utility easements around the perimeter of property and along the shared lot line. Ayes 4, nays 0. ( #2) #1734 JOHN BURGER, 3750 BAYSIDE ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:48 - 7:57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. John Burger and Laurie Meyer of Kyle G. Hunt and Partners were present. 0 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD MAY 18, 1992 ZONING FILE #1734 - CONT. Mabusth explained this is a proposed two lot subdivision. It was originally proposed at the time of the sketch plan review as a three lot subdivision. Lot 1 is located in the five acre zoning district and an area credit for Outlot A at 4+ acres is requested. Outlot A is separated from Lot 1 by the Luce Line Trail. Outlot B is shown which will continue to serve as riparian access for the homestead portion of the property, Lot 2. Mabusth reiterated that at the sketch plan review, it was felt that the Commission would not approve any kind of encroachment of the designated wetland and advised the applicant to work with the owners of the properties in the Bayside Landing subdivision. She explained that Burger has obtained an easement to achieve access over the existing private driveway that serves Lot 1, Bayside Landng. Based on the underlying easement that the City has over Landmark Drive, Mr. Burger would have the right to use Landmark Drive for access per the opinion of the City Attorney. Burger has worked with the four property owners in the Bayside Landing addition and he has agreed to share in the original cost for Landmark Drive construction and participation in maintenance cost for said road. Rowlette asked if these lots will be included in the Stubbs Bay Sewer Project. Mabusth stated that Lot 2 will be the only lot included within the sewered district. Mabusth noted that Lot 1 has approved septic system sites and a building site. It is recommended that no construction be allowed on Outlot A. Cohen asked if approval of such area credit has ever been done before. Mabusth concurred that utilization of a special lot combination for area credit has been used by the City. Rowlette asked if to get to Lot 1 the drive would have to cross a wetland. Mabusth explained that access would be via Landmark Drive and then across the existing private driveway that serves Lot 1 and will still be classified as a private drive. Rowlette thought that approval could not be granted for this property until the sewer had been approved for the area. 0 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD MAY 18, 1992 ZONING FILE #1734 - CONT. Mabusth explained that was when a two lot split was proposed of the southern or homestead portion of the property which would have required credit of the wetland areas. It was moved by Rowlette, seconded by Johnson, to recommend approval for Application #1734 for John Burger for property at 3750 Bayside Road, for a two lot subdivision, subject to the conditions set forth by staff in the memo to Planning Commission dated May 13, 1992. Ayes 4, nays 0. Mabusth noted that the on -site septic inspector had specific recommendations to the future developers of the property which should be incorporated with the approval. The Members agreed to those conditions being incorporated. ( #3) #1679 WILLIAM MILLER, 2691 CASCO POINT ROAD - VARIANCE - CONTINUATION OF A PUBLIC HEARING 7:10 - 7:15 P.M. William Miller was present. Mabusth explained that at the last meeting at which the applicant appeared, the original proposal was divided into two parts. The first issue was the gazebo, which Planning Commission recommended approval of but Council tabled until the complete application was reviewed. The applicant has provided an amended survey showing the setbacks of the structures and a hardcover inventory. In the 0- 75' setback area there is 344 s.f. or 7.64% hardcover; and in the 75 -250' setback area there is 4,544 s.f. or 43.28 %. Miller provides a reduction of hardcover with a new proposed two stall garage proposed at 3,438.95 s.f. with a net reduction of 11% hardcover. There is no change in the 250 -500' setback area. Miller explained that the original survey that they were working with was from 1968, which proved to be inaccurate. The main concern of the Planning Commission was that a three car garage was too large for the property and the garage was set off to the side not allowing for direct access into it. The garage has been switched to allow direct access and has been reduced. Johnson asked about additional removal of hardcover. Miller stated that the garage and graveled area around the garage has been reduced. 0 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1679 - CONT. It was moved by Cohen, seconded by Rowlette, to recommend approval of Application #1679 for William Miller of 2691 Casco Point Road, for a variance to construct a garage subject to the condition that the hardcover removals must be completed at the time of final inspection for the new construction. Ayes 4, nays 0. Cohen added that the removals of hardcover are sufficient to support the construction of the new structural hardcover. ( #4) #1724 TAMMY L. WOODIS, 2818 CASCO POINT ROAD - CONDITIONAL USE PERMIT /VARIANCE - CONTINUATION OF PUBLIC HEARING - 7:15 - 7:18 P.M. Tammy Woodis was present for this application. Mabusth explained this application involves a through lot. The applicants knowing that there would be hardcover problems, combined the parcels making it a through lot and were now required to apply for a conditional use permit. During the review it was realized that they would also need a hardcover variance of approximately 1% in the 250 -500' setback zone. There is no hardcover within the 46 500 -1000' setback area. The footprint of the pool requires a 15' setback. Al I other setbacks are met by the pool for a through lot. It was moved by Johnson, seconded by Peterson, to recommend approval of Application #1724 for Tammy Wood is, 2818 Casco Point Road, for a conditional use permit for construction of an in- ground pool on a through lot and for a hardcover variance within the 250 -500' zone. Ayes 4, nays 0. ( #5) #1729 CLAIR ROOD, 3280 NAVARRE LANE - RESIDENTIAL SUBDIVISION OF A LOT LINE REARRANGEMENT - CONTINUATION OF PUBLIC HEARING 7:18 - 7:30 P.M. Clair Rood was present. Mabusth explained that an updated survey has been submitted. The proposal meets the requirement of .5 acres of dry contiguous land. The remaining portion of Lot 56 has .5 acres of dry contiguous to the east of the drainage easement. 6 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1729 - CONT. Cohen reminded Mabusth of a question in the recommendation that the application shall not be scheduled before the Council for final approval until the subdivision survey has been drafted in a format acceptable to the City. Mabusth indicated that staff would work with the surveyor on this issue, but the Planning Commission can make a recommendation prior to this being done. Johnson stated that the surveys indicate silt fence around the wetlands but on site there is only dirt around the area. Rood explained he has a year to complete the work around the pond area. He felt that by July- August everything should be dried enough to remove the dirt and add the silt fence. Johnson suggested that staff inspect the site for conformance with the Watershed permit. Rood felt they were following the requirements of the permit. 46 Mabusth asked if some of the spoils were to be removed from the site. Rood confirmed that the spoils were to remain on site and it has been calculated that there is enough area to allow the spoils to remain. It was moved by Cohen, seconded by Peterson, to recommend approval of Application #1729 for Clair Rood for a residential subdivision of a lot line rearrangement of property at 3280 Navarre Lane, based on the fact that each lot meets or exceeds the standards of the LR- 1C zoning district, and conditioned upon each lot achieving access from an approved public road, subject to the following conditions: 1. applicant shall apply for legal combination of Parcels B and C; 2. final approval shall not be scheduled until a subdivision survey has been drafted in a form acceptable to the City; 3. the applicant shall make appropriate payments to the City and provide further soil testing information for the proposed construction. Ayes 4, nays 0. 0 6 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ( #6) #1731 CLAIR ROOD, 2215 KENWOOD WAY - VARIANCE - PUBLIC HEARING 7:30 - 7:48 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Clair Rood was present for this application. Mabusth explained that the applicant was given an opportunity during the conditional use permit approval process to come back and add on a variance request to that application seeking approval of the monuments in excess of 3 1/2'. It was determined at a prior meeting that because the structures were adjacent to a right -of- way, they could only be 3 1/2'. Mabusth referred to sections of the code dealing with fences or walls. She stated that final determination must be based on property lines resulting from lot line rearrangement. We are now dealing with front /street and side street yards. Applicant agreed to alter fencing to 3 1/2' in the front yard area and to adjust fencing in traffic visibility area to 3'. She asked the Commission if they would approve a 4 1/2' high fence structure adjacent to a side street yard. The road will never be upgraded to a public or private road and will only serve two residences based on current zoning. Johnson asked if the original intent was for the pillars to be 6' high. Rood stated that along Navarre Lane the poles are within the front yard and will be 3 1/2' high. He stated his intent is to plant a 4' high hedge between the properties and wants the pillars to be a little higher than the hedge. He felt that it would be aesthetically pleasing to have the pillars a bit higher than the hedge. Rowlette asked if this is considered a fence. Mabusth stated that was the recommendation or finding of the Planning Commission last year. She noted the fence and wall section of the code doesn't distinguish between side or rear yards adjacent to streets. The Planning Commission determined that if next to a public right -of -way, the height cannot exceed 3 112'. Cohen asked if this was the application that Chair Kelley was adamant about adhering to the height requirement of 3 1/2'. Cohen asked the applicant what height he is proposing for the fence. Rood said he thought the request was for a 5' high fence. 0 7 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1731 - CONT. Rowlette noted the plan calls for a 4'6" high fence. Johnson asked if there could be a petition to vacate the private drive. Mabusth noted there is sewer in the street and there is a lot that could gain access via the drive. It was moved by Johnson, seconded by Peterson, to recommend approval of Application #1731 for Clair Rood at 2215 Kenwood Way, for a variance to construct a fence at height of 4 1/2'. Ayes 3, nays 1. Cohen voted nay because he felt that is the fence is proposed along a street. ( #7) #1733 TEMPLE ISRAEL (CAMP TEKO), 645 TONKAWA ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:57 - 8:02 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Tony Gleekel was present for this application. Mabusth noted that the application involves repair to a drainageway which is seriously eroding away. The adjacent trail provides access for vehicles carrying camp children to the lakeshore. The original drainage improvements are inadequate to handle the velocity of run -off through the existing drainageway. They are recommending a filter fabric rip -rap drainageway. The City must ask for a 3:1 slope when using a rip -rap filter fabric. The Watershed District concurs with the City on that issue. She explained that because of the alterations to the bank, a few mature oak trees may be lost. It is recommended that retaining walls be placed around any other mature trees remaining. The DNR has advised that they will not require a permit for such work. The Watershed District will review the permit at their May 21, 1992 meeting. The applicants have requested that the application be taken to Council at their next meeting for review because of the severe erosion problem, but Mabusth advised that the Council may not act until the Watershed has approved the permit. It was moved by Cohen, seconded by Rowlette, to recommend approval of Application #1733 for Temple Israel at 645 Tonkawa Road, for a conditional use permit subject to the recommendations and conditions set forth by staff in their memo dated May 13, 1992. Ayes 4, nays 0. • 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD MAY 18, 1992 ( #8) #1736 GREGORY C. PETERSON, 1920 SHORELINE DRIVE - RENEWAL VARIANCE - PUBLIC HEARING - 8:03 - 8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. & Mrs. Peterson were present. Mabusth explained that this is a request for a lot width variance. She stated that it is the intention of the applicants to build a new residence on the lot. The building envelope is within the widest area of the lot. Septic testing has been provided and access shall be directly off the County road. She stated there is no change from the original application. Johnson asked if the applicants were aware of the restrictions placed on the lot and the fact that no additional variances will be granted for the property. Mabusth noted that this proposal has not been impacted by the new shoreland regulations. She reviewed for the applicants the hardcover restrictions. Cohen suggested the applicants work closely with City staff to make sure the building conforms to all pertinent standards. Mr. Peterson stated they would be unable to build this year and that is why they are requesting the renewal variance. It was moved by Cohen, seconded by Peterson, to recommend approval of Application #1736 for Gregory C. Peterson at 1920 Shoreline Drive, for a renewal variance to construct a new residence, subject to the same conditions of approval with the previous application. Ayes 4, nays 0. ( #9) #1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - VARIANCES - PUBLIC HEARING 8:10 - 8:57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Richard Hollander and Dick Indritz, applicant's attorney, were present. • 9 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT. Mabusth explained the updated survey showing the existing improvements on the property. She compared the survey to the one done in 1974. The garage addition done in 1974 was in the 75' setback area and the open deck was considered a non - encroachment. Since that time, there was a permit issued in 1982 which allowed the deck to be enclosed and second story additions and additional decks. The additional decks were destroyed in the 1987 "super storm ". The applicant applied for storm damage repairs under the emergency ordinance. The decks were reconstructed. Sometime in 1990 -91, the Inspectors noted the gazebo and lakeside deck. Hollander noted that it was built in 1974 and is in need of some repair. Indritz noted that this is an after - the -fact request to maintain the gazebo and lakeside deck structure. He noted that it is Hollander's contention that these structures have been in existence prior to Orono's adoption of its current ordinances and therefore are grandfathered in. He reviewed photos of damage done to these structures in 1987. He stated they have witnesses that can testify to their knowledge of the construction of these improvements. He explained there was renovation done after the storm damage, but was merely reconstruction of a portion of the existing gazebo. The deck wasn't damaged severely and did not require much reconstruction. He explained that Mabusth has pointed out that the permit issued in 1974 for the addition of the garage, there was an ordinance that prevented the construction of principal residences within 75' of the lakeshore and that is what the variance was for. A portion of the addition was within that zone. Indritz assumed that because there wasn't an ordinance governing decks within that zone, the deck was not included on the site plan. Additional construction was done to the principal structure, all of which was done in conformity to the ordinances in effect at the time. There is no documentation on file to show when the gazebo and lakeside deck structure was constructed, but his client contends they were constructed in 1974. The permit issued in 1982 was to reconstruct the principal residence destroyed by fire and to enclose the deck area and add additional decking. Mabusth noted that the 1982 permit allowed the deck to be enclosed. She explained that currently residents are not allowed to increase the intensity of a non - conforming structure, but back in 1982 they were allowed to do so. Johnson asked what required a permit in 1974. 0 10 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT. Mabusth stated the gazebo and deck structure would not have been subject to the average lakeshore setback at that time, but they were subject to the 75' setback and hardcover standards and a building permit would have been required. Indritz asked why that was not noted on the inspection records at that time. He introduced John Cardwell who is aware that the structures have been there for at least 25 years; Walt Kindsudder worked on the 1982 renovation project; and Warren Matheson worked with Hollander in building the deck in 1974. Rowlette remembered an addition to her house in 1974 and the restrictions in place at that time. She stated she found it hard to believe that the structures were approved to be built at that time. She said that she was on the property in the early 1970s and recalls the house with two decks and the screen porch. She said she did not remember the gazebo and lakeside deck being there. Cohen asked what the applicant is requesting as additional square footage. 41 Mabusth stated it consists of the gazebo and deck area. Indr i tz stated that there was a trade off for the garage, which was removed, and Hollander was allowed to construct a deck. He noted that because of the narrowness of the lot, virtually any construction is going to be in violation of the 75' zone. Cohen asked if Mr. Hollander had any other documentation for the construction of the gazebo in 1974. Hollander noted he has not found any documentation as such to date. Cohen noted that to realize any capital gains on the property, he would have to have records showing improvements to the project. Hollander stated that he has had two major catastrophes in the home in which many documents were lost. He said he can recollect building the structures in 1974. Cohen asked if there was any hardcover that could be removed in the 0 -75' zone. 0 11 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT. Hollander stated that there is a portion of plastic liner adjacent to the house that could be removed. Because of the narrow lot, the improvements near the ground need to be retained to prevent further erosion. In the 75 -250' zone, there is a gravel area that could be removed because the garage no longer exists and there is some additional plastic that could be removed all which amounts to 530 s.f. based on the surveyor's calculation. Cohen asked if the City has any records of the gazebo. Hollander noted that the debris shown on the pictures taken after the 1987 storm was from the gazebo. The landslide covered over the existing deck structure and knocked down the gazebo. Cohen asked if Hollander had any picture from 1974 to 1987 showing the gazebo. Hollander explained that the fire destroyed any pictures that he may have had. Cardwell remembered that in 1982 he was on the property and recalled the gazebo, which appeared to have been there for quite some time. Peterson noted that the existing detached screen porch is in need of repair and asked if it would be possible to remove it all together. Rowlette stated that the improvements on the lot have intensified. Indritz stated that his client feels the improvements are grandfathered in, and noted that Hollander is willing to remove the 530 square feet of additional hardcover. Rowlette explained that any run -off from the property ends up in the lake, which is damaging the lake environment. Johnson said he respected Hollander's position, but felt they should be consistent with other applications. He felt that a stair and landing portion would be a minimum of what is needed to gain access to the lake. He felt that if permit approval was sought in 1974, the applicant probably would not have received the approval needed. Cohen clarified that a portion of the deck and the gazebo should be removed. 0 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT. Hollander stated that the flower planters are built basically like a retaining wall. The deck has no plastic underneath it. He felt the boat house may only be the only improvement adding pollution to the lake. Cohen reiterated that the concern of the pollution to the lake was made in general. He concurred with Johnson's proposal. Peterson asked about the removal of the screened porch. Indr i tz stated that the front of the porch area i s the front of the retaining wall area designed to hold the water back from running into the lake. He noted that Hollander is willing to remove the existing screened porch in exchange for the gazebo and deck structure. Mabusth said the plastic and screened area would be about 2.5% within the 0 -75' setback area. Johnson felt there is an intensification on the property. He stated that 95% of the house is within the 0 -75' zone and there are structures within 14' of the lake. He felt that the removal of a structure further away from the lake was not an appropriate trade off. Rowlette felt they need to be consistent with other applications. She recommended that the applicant ask that the application be tabled for further consideration. Indritz advised that they concurred with the tabling of the application. It was moved by Cohen, seconded by Rowlette, to table Application #1737 for Richard Hollander of 680 North Arm Drive to allow the applicant time to review the issues. Ayes 4, nays 0. ( #10) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. ( #11) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE There was no report. ( #12) REPORT BY THE FACILITIES COMMITTEE REPRESENTATIVE There was no report. ( #13) OTHER ISSUES 0 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 There were no other issues. ( #14) APPROVAL OF MINUTES It was moved by Rowlette, seconded by Cohen, to approve the minutes of the April 20, 1992 Planning Commission meeting. Ayes 3, nays 0. Johnson abstained because he was not in attendance. ( #15) REPRESENTATIVE TO THE JUNE 8, 1992 COUNCIL MEETING Peterson volunteered to attend the June 8, 1992 meeting. ADJOURNMENT Chair Cohen adjourned the regular PI ing Commission meeting at 9:00 P.M. Ed Cohen, Acting Chair Person 14