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HomeMy WebLinkAbout07-20-1992 Planning Commission MinutesPlanning Commission [7 CITY OF ORONO PUBLIC ATTENDANCE MEETING DATE Council PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) Pt , -2 :- 5 It .t ROLL The Orono Planning Commission met on the above date with the following members present: Planning Commission Acting Chair Ed Cohen, Candace Rowlette, Jeff Johnson, 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, Planning and Zoning Administrator Michael Gaffron, and City Recorder Teri Naab. Acting Chair Cohen called the meeting to order at 7:00 p.m. ( #1) #1749 JAMES F. LAWRENCE, 1550 SIXTH AVENUE NORTH - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:04 P.M. The Affidavit of Publication and Certificate of Mailing were noted. James Lawrence was present. Mabusth explained that this is a subdivision of Lot 4, Tanglewood, which is subject to the shoreland regulations. Access for the newly created lot will be from Tanglewood Road and Lot 1 will maintain access through Tract E. All structures meet the required setback from the protected tributary. Weckman has confirmed that the shared septic system for the principal residence and the guest house meets • the required setback also. Mabusth reported that the City does not have a record of a conditional use permit for the guest house. She asked if this should be a condition of approval. All Members agreed that the owner should apply for a conditional use permit. A motion was made by Rowlette, seconded by Johnson, to recommend approval of Application #1749 for James F. Lawrence, 1550 Sixth Avenue North, for preliminary subdivision approval subject to a conditional use permit being applied for and granted for the guest house use. Ayes 4, nays 0. ( #2) ZONING CODE AMENDMENT STANDARDS FOR COMMERCIAL AND RESIDENTIAL DOCKS THAT EMPLOY STYROFOAM FOR FLOTATION PURPOSES PUBLIC HEARING 8:34 - 9:20 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained that this is a proposed ordinance banning the use of non - encased styrofoam products for docks. He stated the ordinance is an addition to the shoreland regulations. He said that there are different grades of styrofoam. A complaint of marina owners is that the styrofoam docks wi I I be expensive to replace and 2 1/2 years is not a realistic time frame. • 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 ROLL The Orono Planning Commission met on the above date with the following members present: Planning Commission Acting Chair Ed Cohen, Candace Rowlette, Jeff Johnson, 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, Planning and Zoning Administrator Michael Gaffron, and City Recorder Teri Naab. Acting Chair Cohen called the meeting to order at 7:00 p.m. ( #1) #1749 JAMES F. LAWRENCE, 1550 SIXTH AVENUE NORTH - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:04 P.M. The Affidavit of Publication and Certificate of Mailing were noted. James Lawrence was present. Mabusth explained that this is a subdivision of Lot 4, Tanglewood, which is subject to the shoreland regulations. Access for the newly created lot will be from Tanglewood Road and Lot 1 will maintain access through Tract E. All structures meet the required setback from the protected tributary. Weckman has confirmed that the shared septic system for the principal residence and the guest house meets • the required setback also. Mabusth reported that the City does not have a record of a conditional use permit for the guest house. She asked if this should be a condition of approval. All Members agreed that the owner should apply for a conditional use permit. A motion was made by Rowlette, seconded by Johnson, to recommend approval of Application #1749 for James F. Lawrence, 1550 Sixth Avenue North, for preliminary subdivision approval subject to a conditional use permit being applied for and granted for the guest house use. Ayes 4, nays 0. ( #2) ZONING CODE AMENDMENT STANDARDS FOR COMMERCIAL AND RESIDENTIAL DOCKS THAT EMPLOY STYROFOAM FOR FLOTATION PURPOSES PUBLIC HEARING 8:34 - 9:20 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained that this is a proposed ordinance banning the use of non - encased styrofoam products for docks. He stated the ordinance is an addition to the shoreland regulations. He said that there are different grades of styrofoam. A complaint of marina owners is that the styrofoam docks wi I I be expensive to replace and 2 1/2 years is not a realistic time frame. • 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 STYROFOAM ORDINANCE - CONT. Jim Dunn, Lakeshore Marina, noted that two years ago he installed styrofoam docks after approval from the LMCD, DNR, and the Watershed District. He felt the key to foam Is the density and design. He reported that they lose less than a wastebasket full per year. He said that management of the system Is a key issue. He felt the City has not done enough homework on the Issue. Beth Whittaker, Minnetonka Boat Works, stated they added to their styrofoam docks three years ago after the necessary approvals. She felt that the time frame and the expense will be major issues. She felt that more research could be done, Including trying other options to prevent the foam from breaking up. She stated It would probably cost approximately $50,000 plus labor to change the docks. Dunn said removal of the docks would be labor intensified because utilities are built into the docks. Whittaker felt that it was not viable to replace just a portion of a dock as the buoyancy of the replacement section may not match the buoyancy of the remaining styrofoam docks. Jabbour stated his concern about this issue. He challenged Mr. Dunn on the amount of pollution caused by the foam. He noted that at a • recent meeting with the LMCD, he brought a piece of styrofoam and asked it to be passed around the room. It was considerably smaller after being passed around. Also, algae grows on the styrofoam, which the ducks and muskrats feed on. He stated three years may be unreasonable for replacement. He felt that the economic reasons are insignificant as there are significant costs In the annual maintenance of these docks. Dunn stated that the City has not done its homework on the issue. Jabbour reported that he has talked to Dow Chemical, attended to 4 -5 marina International shows, talked to NSP regarding the hydrodam on the river, and has found many other alternatives on the Issue. E. Leo Bullock, 2940 Casco Point Road, asked if anything was being done to collect the debris such as a silt fence. Dunn said they currently do not have a collector system. Robert Wilson, 4156 Highwood Rd, said he works for a company that installs docks and that the company does not use non - encased styro- foam because of the unstable aspects of the product during instal- lation. • - 2 STYROFOAM ORDINANCE - CONT. Whittaker noted she is not opposed to working with the Committee or Staff on this issue. She felt they were not given an opportunity to help draft the ordinance. She noted that the implementation schedule is too restrictive. Peterson told of an encased styrofoam system he has witnessed being used, wh i ch appears to work very we I I . He asked the cost d i fference between the encased system and the non - encased system. Whittaker noted they saved major dollars by using non - encased styrofoam. Gaffron reported that the LMCD recommends banning all non - encased styrofoam on the Lake and suggests eliminating the partial change over to one final deadline date. Rowlette asked the life expectancy of the docks. Dunn said they last approximately 10 years. He said that the algae buildup on the styrofoam actually helps heal the breakup of the styrofoam. Gaffron asked the Commission to review the questions posed in his • memo. #1 Rowlette, Cohen and Peterson agreed that all future use of non - encased styrofoam for dock flotation be banned. #2 Rowlette, Cohen and Peterson agreed that existing users of such products be required to eliminate non - encased styrofoam. #3 Cohen stated he felt that there should be one final deadline, five years from adoption. Rowlette felt that some marina owners may try to use deteriorating dock sections up until the final deadline date. Peterson didn't think that economic reasons were acceptable. #4 All Members agreed that the ordinance should apply to both commercial and residential properties. #5 All Members agreed that fines should be imposed for non- compliance. It was suggested that marina licenses be withheld for non - compliance. is 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 STYROFOAM ORDINANCE - CONT. Whittaker noted she is not opposed to working with the Committee or Staff on this issue. She felt they were not given an opportunity to help draft the ordinance. She noted that the implementation schedule is too restrictive. Peterson told of an encased styrofoam system he has witnessed being used, wh i ch appears to work very we I I . He asked the cost d i fference between the encased system and the non - encased system. Whittaker noted they saved major dollars by using non - encased styrofoam. Gaffron reported that the LMCD recommends banning all non - encased styrofoam on the Lake and suggests eliminating the partial change over to one final deadline date. Rowlette asked the life expectancy of the docks. Dunn said they last approximately 10 years. He said that the algae buildup on the styrofoam actually helps heal the breakup of the styrofoam. Gaffron asked the Commission to review the questions posed in his • memo. #1 Rowlette, Cohen and Peterson agreed that all future use of non - encased styrofoam for dock flotation be banned. #2 Rowlette, Cohen and Peterson agreed that existing users of such products be required to eliminate non - encased styrofoam. #3 Cohen stated he felt that there should be one final deadline, five years from adoption. Rowlette felt that some marina owners may try to use deteriorating dock sections up until the final deadline date. Peterson didn't think that economic reasons were acceptable. #4 All Members agreed that the ordinance should apply to both commercial and residential properties. #5 All Members agreed that fines should be imposed for non- compliance. It was suggested that marina licenses be withheld for non - compliance. is 3 STYROFOAM ORDINANCE - CONT. Cohen suggested a mailing to inform the residents of the City of the new ordinance. Mabusth asked if the ordinance should apply to all styrofoam structures to be used in the lake and if the ordinance would require collector systems to contain debris during transition periods. All Members agreed that it should. Jabbour noted that the issue has been researched by the City for the last two years, and stated that the proposed ordinance was sent to all marina owners for review prior to the public hearing. Gaffron asked whether the Planning Commission would like to make a single all- encompassing recommendation on the draft ordinance. Cohen felt the recommendations given for each item would suffice. ( #3) #1746 THOMAS & MARGARET LOWE, 2630 WEST LAFAYETTE ROAD - VARIANCES - PUBLIC HEARING 7:05 - 7:17 P.M. The Affidavit of Publication and Certificate of Mailing were noted. • Thomas Lowe was present. Mabusth explained that the majority of the residence is located in the 0 -75' zone. The applicants are proposing a 26x21.8' addition to the southwest corner of the residence, and the removal of 740 s.f. of existing landscape area underlain with plastic and the removal of a 176 s.f. accessory structure to be relocated in the 75 -250' setback area. Lowe c I ar i f 1 ed that he i s propos i ng to move the accessory structure on his second lot. He asked that the tennis court be excluded from the hardcover calculations as it is a clay court and allows water to pass through it. Mabusth noted that the C i ty cons i ders c I ay courts as hardcover. She stated an existing portion of the residence is located closer to the lake than the proposed addition. Rowlette stated she had a problem with additional hardcover in the 0 -75' zone. Lowe said that this is the only feasible location for the addition. 0 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 STYROFOAM ORDINANCE - CONT. Cohen suggested a mailing to inform the residents of the City of the new ordinance. Mabusth asked if the ordinance should apply to all styrofoam structures to be used in the lake and if the ordinance would require collector systems to contain debris during transition periods. All Members agreed that it should. Jabbour noted that the issue has been researched by the City for the last two years, and stated that the proposed ordinance was sent to all marina owners for review prior to the public hearing. Gaffron asked whether the Planning Commission would like to make a single all- encompassing recommendation on the draft ordinance. Cohen felt the recommendations given for each item would suffice. ( #3) #1746 THOMAS & MARGARET LOWE, 2630 WEST LAFAYETTE ROAD - VARIANCES - PUBLIC HEARING 7:05 - 7:17 P.M. The Affidavit of Publication and Certificate of Mailing were noted. • Thomas Lowe was present. Mabusth explained that the majority of the residence is located in the 0 -75' zone. The applicants are proposing a 26x21.8' addition to the southwest corner of the residence, and the removal of 740 s.f. of existing landscape area underlain with plastic and the removal of a 176 s.f. accessory structure to be relocated in the 75 -250' setback area. Lowe c I ar i f 1 ed that he i s propos i ng to move the accessory structure on his second lot. He asked that the tennis court be excluded from the hardcover calculations as it is a clay court and allows water to pass through it. Mabusth noted that the C i ty cons i ders c I ay courts as hardcover. She stated an existing portion of the residence is located closer to the lake than the proposed addition. Rowlette stated she had a problem with additional hardcover in the 0 -75' zone. Lowe said that this is the only feasible location for the addition. 0 4 ZONING FILE #1746 - CONT. Mabusth noted the proposal decreases the hardcover in the 0 -75' zone from 19.6% to 18.9 %. Cohen added that applicants are proposing structural hardcover for non - hardcover. He felt this is not an adequate trade. Mabusth noted the property to the south where the applicants propose placing the accessory structure does not contain a principal residence. Rowlette asked if the two lots were combined, would it change the hardcover calculations. Mabusth noted that the combination would improve the hardcover findings, but the issue would still exist in the 0 -75' zone. She added that if a reduction of hardcover in the 75 -250' zone doesn't offset by the same degree the new structural hardcover in the 0- 75, then there is no point in the applicants attempting to reduce hardcover in that area. Lowe said that he could remove approximately 640 s.f. of plastic in that area. • Cohen asked the hardship. Lowe stated that when the house was built under the ordinance in effect at that time, the house met all required codes. He said the City created the hardship by changing the ordinance. He noted the house design does not lend itself to a second story. Lowe reported that the second lot has been taxed as a buildable lot and has been assessed for sewer and water. Cohen asked what kind of addition is proposed. Lowe indicated that the addition will be used for a master bedroom and office space. It was moved by Cohen, seconded by Rowlette, to recommend denial of Application #1746 for Thomas and Margaret Lowe, 2630 West Lafayette Road, because of the excessive amounts of hardcover and the request to trade structural hardcover for non - structural hardcover. Ayes 3, nays 1. Peterson voted nay. Johnson stated he would be more amenable to the project if the two lots were combined. All Members agreed. Lowe asked about a lot line rearrangement. 0 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING sHELD JULY 20, 1992 ZONING FILE #1746 - CONT. Mabusth noted the proposal decreases the hardcover in the 0 -75' zone from 19.6% to 18.9 %. Cohen added that applicants are proposing structural hardcover for non - hardcover. He felt this is not an adequate trade. Mabusth noted the property to the south where the applicants propose placing the accessory structure does not contain a principal residence. Rowlette asked if the two lots were combined, would it change the hardcover calculations. Mabusth noted that the combination would improve the hardcover findings, but the issue would still exist in the 0 -75' zone. She added that if a reduction of hardcover in the 75 -250' zone doesn't offset by the same degree the new structural hardcover in the 0- 75, then there is no point in the applicants attempting to reduce hardcover in that area. Lowe said that he could remove approximately 640 s.f. of plastic in that area. • Cohen asked the hardship. Lowe stated that when the house was built under the ordinance in effect at that time, the house met all required codes. He said the City created the hardship by changing the ordinance. He noted the house design does not lend itself to a second story. Lowe reported that the second lot has been taxed as a buildable lot and has been assessed for sewer and water. Cohen asked what kind of addition is proposed. Lowe indicated that the addition will be used for a master bedroom and office space. It was moved by Cohen, seconded by Rowlette, to recommend denial of Application #1746 for Thomas and Margaret Lowe, 2630 West Lafayette Road, because of the excessive amounts of hardcover and the request to trade structural hardcover for non - structural hardcover. Ayes 3, nays 1. Peterson voted nay. Johnson stated he would be more amenable to the project if the two lots were combined. All Members agreed. Lowe asked about a lot line rearrangement. 0 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 ZONING FILE #1746 - CONT. Johnson noted there is always the issue of the tennis court over the lot line, which may become an issue in the future. ( #4) #1747 JOHN O'SULLIVAN, 2420 SHADYWOOD ROAD - RENEWAL VARIANCE - PUBLIC HEARING - 7:21 - 7:24 P.M. The Affidavit of Publication and Certificate of Mailing were noted. It was moved by Cohen, seconded by Johnson, to recommend approval of Application #1747 for John O'Sullivan, 2420 Shadywood Road, approving a renewal variance. Ayes 4, nays 0. ( #5) #1748 BOB HOVLAND, 1245 NORTH ARM DRIVE - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:25 - 7:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Hovland was present. Mabusth explained this is a through lot. The applicant is proposing • replacement of a detached structure which has seriously deteriorated. The structure to be removed is also located close to the right -of -way. The proposal is a detached garage, 30x33', which requires a 15' setback because it is in excess of 750 s.f. The proposal creates a .5% lot coverage overage. Cohen asked if the garage needs to be that large. Hovland explained that his son is moving home and has two vehicles and a boat, which they wish to store inside. Peterson asked if they planned to use the graveled area. Hovland said it may have a limited use. Johnson said he preferred to have the required setbacks met. Mabusth reported that if the garage were reduced to 25x30' it would meet the 750 s.f. limit and the required 10' setback. Rowlette asked about comments from the neighbors. Mabusth indicated all comments they have received to date were positive. 0 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 ZONING FILE #1748 - CONT. Cohen asked what is the hardship. Hovland stated they need that large of a garage for their vehicles and storage. It was moved by Johnson, seconded by Cohen, to recommend denial of Application #1748 for Bob Hovland, 1245 North Arm Drive, for a conditional use permit and variance. Ayes 4, nays 0. ( #6) #1750 CHARLES & SHIRLEY PYLE, 3548 IVY PLACE - VARIANCE - PUBLIC HEARING 7:31 - 7:35 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Charles and Shirley Pyle and their architect, Daryl Hanson, were present for this application. Johnson expressed his concern about the loss of trees and the intensification of the lot coverage. Mr. Pyle explained that they originally intended to attached the garage, but because of the layout of the house, it was not feasible. He advised that one of the trees to be removed has a disease already. Mrs. Pyle said they were not opposed to replanting trees. Cohen asked if the applicants were willing to consider deleting the roofed area. Hanson stated the applicants are willing to decrease the roofed area by 200 s . f . He noted that part of the area is covered by a trellis. Mabusth reported that the City has taken the position that a trellis area is not hardcover. is 7 Mabusth explained that the applicants propose to relocate an existing detached garage closer to the residence and install a patio area and a family room addition. All structures meet the required side setback. There is 663 s.f. of roofed structure to be • placed over paved walkways and patio. There is a decrease in hardcover, but an increase of 9.1% in structural hardcover. There is an excess of structural lot coverage. Johnson expressed his concern about the loss of trees and the intensification of the lot coverage. Mr. Pyle explained that they originally intended to attached the garage, but because of the layout of the house, it was not feasible. He advised that one of the trees to be removed has a disease already. Mrs. Pyle said they were not opposed to replanting trees. Cohen asked if the applicants were willing to consider deleting the roofed area. Hanson stated the applicants are willing to decrease the roofed area by 200 s . f . He noted that part of the area is covered by a trellis. Mabusth reported that the City has taken the position that a trellis area is not hardcover. is 7 C� MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 20, 1992 ZONING FILE #1750 - CONT. Hanson noted the roofed area is proposed to tie the structures together in a distinctive way. He said the area proposed to be roofed currently is considered hardcover as there is sidewalk there. Mabusth explained that it is the structural impact that they are dealing with. Johnson reminded them that this type of issue came up during an application on Baldur Park Road. Hanson stated the applicants would be willing to further reduce hardcover in the 75 -250' zone by removing plastic under landscaping. Mabusth said that may cause some drainage concerns. Mrs. Pyle said the Building Inspector has confirmed that it would not create a problem. Rowlette indicated she would consider approval of the application • if the applicant reduced the roofed area to approximately 400 s.f. and removed additional hardcover used in landscaping. All other Members agreed. It was moved by Cohen, seconded by Rowlette, to table Application #1750 for Charles and Shirley Pyle of 3548 Ivy Place, to allow applicants to redesign their proposal. Ayes 4, nays 0. ( #7) #1752 GEORGE W. KALWEIT, 4265 FOREST LAKE DRIVE - VARIANCE - PUBLIC HEARING 7:45 - 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. George Kalweit was present for this application. He referred to a letter sent to the City explaining the situation. He said they had contracted with a builder who was unfamiliar with the City's ordinances and did not obtain a building permit. The project was stopped prior to completion, and noted his safety concerns. It was moved by Peterson, seconded by Cohen, to recommend approval of Application #1752 for George W. Kalweit, 4265 Forest Lake Drive, for a variance to allow structural repairs within the 0 -75' setback area. Ayes 4, nays 0. • 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 ( #8) #1753 SKIP MADGE, 875 FOREST ARMS LANE - VARIANCE - PUBLIC HEARING - 7:50 - 8:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Skip Madge was present. Mabusth explained that any structure proposed within the lakeshore yard on this property would require approval of an average i akeshore setback variance. She noted the pool is proposed 22' from the side lot line. She added because the basin of the pool is over 1,000 s.f., it must be 30' from the side lot line. There is adequate width on the property to relocate the pool to meet the setback. She referred to a letter from a neighbor listing items he claims Madge completed on the property without the benefit of a permit. Cohen asked Madge when he purchased the property. Madge stated he purchased the property in November of 1989. Mabusth explained that a conditional use permit has been approved • by the City for the drainage swale to be constructed between the Madge and Carlson properties. The permit still remains to be approved by the Watershed District. She reported that prior to the conditional use permit approval, Mr. Madge was stopped by the Inspection staff because he was removing trees in excess of 6" in diameter in the 0 -75' zone. Madge applied for a landscaping permit. Council determined that trees could be replanted at the discretion of the owner in the 0 -75' zone at any location as long as the number to be replanted matched the number removed. Mr. Madge will complete his landscape plan as soon as the drainage area is installed. She noted that the 636 s.f. of hardcover in the 0 -75' zone is plastic under landscaping and was not approved by the City. Madge explained that he did put vinyl down to separate the rock from the new sod. Cohen referred to the allegation that Madge used a power dredger to widen the main channel. Madge stated the former owner did the dredging and also installed the pump house. Cohen asked how long the storage shed has been there. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD JULY 20, 1992 ZONING FILE #1753 - CONT. Arnold Carlson, 855 Forest Arms Lane, concurred that the former owner was responsible for those for dredging the channel and the pump house installation. He was unsure about the storage shed. Madge indicated the shed is not a permanent shed. Al Hibbs, applicant's contractor, indicated they were unaware of the additional side yard setback requirement with the enlarged pool area. He felt they could either shorten the pool or shift the pool to meet the requirements. Rowlette noted the landscape plan indicates the use of underliner around the trees to be replanted. She said that an approved underliner can only be used in the drainage swale area. Madge said he would agree to removal of the plastic within the 0- 75' zone. Mabusth advised that they are also asked to approve an average lakeshore setback variance for the fence around the pool. Rowlette commented on the new parking area within the 250 -500' zone. Peterson said he was concerned that additional hardcover on the property would only increase the drainage problem for Mr. Carlson. Cohen asked if Madge would be willing to remove the cement in the 250 -500' zone. Madge stated he may be willing to remove it but it would be quite costly. He felt this area d i d not affect the drainage in the area. He noted he will redirect drainage under the drive. Hibbs noted that the City asked for hardcover calculations for all zones "for the record only ". Jabbour said he never dreamt that each zone would be treated so independently. He noted the intent of the code is not to take care of drainage to prevent erosion, but to allow the water to naturally percolate prior to entering the Lake. Mabusth added that the property is at a total 25.3% hardcover within the 75 -500' setback area. Peterson asked when they can expect approval from the Watershed District. 40 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD JULY 20, 1992 ZONING FILE #1753 - CONT. Madge noted he expects approval from the Watershed District by July 31st. Rowlette stated the additional concrete area sends run -off directly to the Lake. Mabusth noted that the two home owners are doing what the developer should have done in the first place with respect to the drainage improvement within the 20' wide drainage easement. Peterson felt that the drainage issue should be approved and constructed prior to construction of the pool. Johnson did not feel that the drainage issue affects the proposal. Gaffron stated that the applicant has underutilized his allowed hardcover percentages in the 75 -250' zone. He asked if the excess shouldn't be allowed to be used in the 250 -500' zone if it does not adversely affect the neighbors. Mabusth stated the swale will be a grassed with rip rap at the base to catch sediment before entering the Lake. It was moved by Johnson, seconded by Rowlette, to recommend approval of Application #1753 for Skip Madge, 875 Forest Arms Lane, for a variance to construct a pool, an after - the -fact Lakeshore setback variance for a shed, and variance for a pumphouse in the 0 -75' zone, conditioned upon removal of plastic landscape materials in the 0 -75' zone and replacement of such with sod. Ayes 2, nays 2. Peterson voted nay because he felt that the drainage swale should be completed first. Cohen voted nay because he felt too many things have been done after - the -fact. He found the letter from the neighbor disturbing. He wished the neighbor had attended the meeting. Johnson felt the drainage issue is outside the scope of the pool project. He added there are other properties contributing to the drainage problem. Rowlette felt the pool project should not be held because of an area drainage problem. is 11 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 20, 1992 ( #9) #1754 E. LEO BULLOCK, 2940 CASCO POINT ROAD - VARIANCE - PUBLIC HEARING 9:20 - 9:26 P.M. Mr. and Mrs. Bullock were present. Mabusth explained that this is an after - the -fact variance for structural repairs on the deck. She noted a letter by a neighbor approving the project. She corrected the hardcover and variance requested as 2,283.5 s.f. or 20.6% hardcover variance within the 75 -250' setback area. She noted there is no hardcover in the 0- 75' zone, and no change proposed for the 75 -250' zone. Cohen asked if there are any removals available. Mabusth recommended the landscape plastic be allowed to remain around the house to prevent erosion from the drainage. She felt that property owners should not sustain damage on their property because of public drainage channels on both sides of the house. Bullock advised that his lower level has been flooded after rains this year because of the build -up of sediment within the public drainageway along the north lot line. • It was moved by Johnson, seconded by Cohen, to recommend approval of Application #1754 for E. Leo Bullock, 2940 Casco Point Road, approving a variance to allow structural repairs within the 0 -75' zone. ( #10) #1755 LEONARD NISKA, 2304 SHADYWOOD ROAD VARIANCE - PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. It was moved by Cohen, seconded by Johnson, to table Application #1755 for Leonard Niska of 2304 Shadywood Road. Ayes 4, nays 0. ( #11) #1754 ROBERT E. WILSON, 4156 HIGHWOOD ROAD - VARIANCE - PUBLIC HEARING 9:27 - 9:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Robert Wilson was present. Mabusth explained that the applicant is requesting hardcover and side setback variances for up to total replacement of a portion of the existing residence. • 12 . I • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 20, 1992 ZONING FILE #1754 - CONT. It was moved by Cohen, seconded by Rowlette, to recommend approval of Application #1754 for Robert E. Wilson of 4156 Highwood Road, for a variance to allow structure repair of a portion of the existing residence. Ayes 4, nays 0. ( #12) #1757 ALBERT D. HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT - PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. It was moved by Cohen, seconded by Rowlette, to table Application #1757 for Albert D. Hanser of 1685 Fox Street, until a representative is present for the application. Ayes 4, nays 0. ( #13) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. ( #14) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE There was no report. ( #15) REPORT BY THE FACILITIES COMMITTEE REPRESENTATIVE There was no report. ( #16) OTHER ISSUES There were no other issues. ( #17) APPROVAL OF MINUTES It was moved by Cohen, seconded by Rowlette, to approve the minutes of the June 15, 1992 Planning Commission meeting. Ayes 3, nays 0. Johnson abstained as he was not present at the meeting. ( #18) REPRESENTATIVE TO THE COUNCIL MEETING Peterson volunteered to attend the August 10, 1992 meeting. Il7�iIT1:I►1W�[:1ai Acting Chair Cohen adjourned the meeting at 9:35 p.m. 13 regdlar,'Planning mmission arlie KeYley, Chai Person 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 3, 1992 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Charlie Kelley, Ed Cohen, Candace Rowlette, Jeff Johnson, and Stephen Peterson. Maureen Bellows arrived after the vote. Charles Schroeder was absent. The following represented the City Staff: Planning and Zoning Administrator Michael Gaffron, and City Recorder Teri Naab. Chair Kelley called the meeting to order at 7:00 p.m. ( #1) COMPREHENSIVE PLAN AMENDMENT NO. 4 - STUBBS BAY /MUSA BOUNDARY REALIGNMENT - PUBLIC HEARING 7:00 - 7:08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained that Comprehensive Plan Amendment No. 4 is an amendment to include the Stubbs Bay project area within the Metropolitan Council's urban service area boundary. The area includes 137 property, 125 of which are developed, and 12 vacant lots. The City is not proposing to change any district boundaries or zoning standards. The amendment is to meet the criteria set by the Metropolitan Council requiring a plan amendment to show the boundaries of the MUSA line as the City continues to sewer various portions of the City. He noted that in the past the City has gone ahead with a project and later applied for the amendment to the Comprehensive Plan. The Metropolitan Council has now asked that in the future amendments be requested prior to commencement of a project. Johnson asked the time line for the current MUSA boundary line for the City. Gaffron stated that the City has not adopted a specific "Year 2000" MUSA per the Metropolitan Council's schematic. He said that the Stubbs Bay area is the last of five areas identified in the 1980 Comprehensive Plan, which were generally expected to be sewered by the 1990s. He noted that the City does not have any plans for future amendments. He explained that Comprehensive Plan Amendment No. 3 has not been adopted by the Met ropo I i tan Counc i I as they have requested additional information, and intend to address the issue of 64/640. He added that when North Oaks recently went through the same type of request the City will soon be going through, they were eventually allowed to continue with their current development of 1 to 1 1/2 acre unsewered development without a problem from the Metropolitan Council. to 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 3, 1992 16 L` It was moved by Cohen, seconded by Johnson, to recommend approval of Comprehensive Plan Amendment No. 4 - Stubbs Bay /MUSA boundary realignment. Ayes 5, nays 0. ( #2) OTHER ISSUES Chair Kelley asked what is going to happen with the sewer project for the Long Lake development area. Gaffron said that is included in Comprehensive Plan No. 3, and the City is still working with Metropolitan Council to gain approval. ADJOURNMENT / Chair Kelley adjourned the Planning C mss'iofi eet,itYg t :10 P.M. l harlie K Iley, C it Person f i E