HomeMy WebLinkAbout10-19-1992 Planning Commission MinutesI
CITY OF ORONO
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ROLL
The Orono Planning Commission met on the above date with the
following members present: Planning Commission Chair Charlie
Kelley, Maureen Bellows, Charles Schroeder, Stephen Peterson, Ed
Cohen, Candace Rowlette, and Jeff Johnson. The following
represented the City Staff: Zoning Administrator Jeanne Mabusth,
Septic Manager Stephen Weckman, and City Recorder Teri Naab. J.
Diann Goetten was present to represent the Council. Ed Callahan and
Gabriel Jabbour were also present. Chair Kelley called the meeting
to order at 7:00 p.m.
( #1) #1771 JAMES & SARAH JANE MARKOE,
340/350 NORTH ARM LANE -
PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:25 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Mike Steadman and Don Peterson were present to represent the
applicants.
Mabusth explained previous owners received conceptual approval of
the Council for a lot line rearrangement two years ago, but never
proceeded with the application. The Markoes had purchased the
property with the intent to build one house on the two lots.
However, the Markoes have been transferred out of State. She
reminded the Commission that this property received extensive
amounts of spoils from the dredging of the channel area. The major
impact was received by Lot 1, and because of the steeper elevations
to the west, it placed severe limitations on the installation of
a mound system on this property. As the septic site is configured,
the lot could only maintain a two bedroom house. The lot line
rearrangement would provide for a four bedroom house on Lot 1. She
noted the application was originally to be done through a metes and
bounds, but the City is currently requesting a plat which will
allow the dedication of drainage easements, the dedication of
easements over the channel area and wetland. The lots are 4+ acres
in area in a 2 acre district. She stated the major issue is that
they cannot grant 17' for additional right -of -way and maintain the
area needed to support a 4 bedroom house. She noted at 8 1/2', the
applicants would still be able to meet the 10' setback to the toe
of the septic system from the right-of-way. She stated the variance
required is for lot width, approximately 74' for Lot 2.
Johnson asked about the 33' right -of -way.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1771 - CONT.
Mabusth explained the 33' of right -of -way was created by the
original owner when the entire property was all one parcel. The
right -of -way is owned by the resident to the north, but maintained
by the City.
Don Peterson stated with the original subdivision application, it
was their attorney's opinion at the time, that if the City
maintains a private road for a certain number of years, that
roadway becomes public.
Cohen clarified the required lot width is 200' and they are
requesting 74' width.
Chair Kelley stated this is only for the first 100' of the
property.
Mabusth noted with the original North Arm Estates subdivision, the
City approved a
lot
width variance, as
each
lot exists now at 176'.
Rowlette asked
the
right -of -way issue
to be
clarified.
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Mabusth said if the applicants are required to dedicate 17' of
right -of -way, they would not have enough area for the septic
system. The 17' of additional right -of -way would allow the City to
bring the road into conformance with current standards. The City
can still maintain the street at a 33' width, but the additional
right -of -way would be needed if the road is upgraded as a
requirement if the properties to the north and west are subdivided.
Rowlette felt their decision could affect future plans for the
property to the north with respect to development.
Mabusth said the neighbors to the north are aware of the proposal.
Rowlette indicated the property has the area for a septic system
and still grant the entire right -of -way, the house would just have
to be smaller in size.
Bel lows reminded them they cannot make a decision based on economic
gain. She stated they have been working hard to obtain a rational
street system.
PAI
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1771 - CONT.
It was moved by Bellows, seconded by Cohen, to recommend denial of
Application #1771 for James and Sarah Jane Markoe, 340/350 North
Arm Lane, for preliminary subdivision approval based on it setting
a negative precedent if approval is granted.
Schroeder asked if they could not maintain a rational street system
in the area by requiring additional right -of -way from property to
the west from Mr. Olson.
Johnson felt there are already two individual lots of approximately
4 acres. He felt if the City's goal is to obtain a 50' right -of-
way, they could gain the additional 8 1/2' from Olson.
Mabusth stated the Council came to the same resolve, that being if
there was not a subdivision the City would gain no additional
right -of -way.
Bellows felt this proposal is gerrymandering. She reiterated they
are not denying a use of the land.
Don Peterson noted they have 2 platted lots, one of which is
buildable. He understood from Mr. Schirmers if the mound system
could not be built as proposed, the lot is unbuildable. He stated
the 8 1/2' option is viable.
Weckman confirmed if the septic system is moved 10' over, the
location may be unacceptable as there are steeper slopes in that
area.
Mabusth stated septic testing on file with the City confirms the
site could support a septic system for a 2 bedroom home.
Don Peterson said that is a 2 bedroom home, with 1 bath and a
laundry, which is not economically acceptable on Lake Minnetonka.
Chair Kelley indicated his concern with squeezing the septic system
on a lot and felt that may lead to future problems.
Vote; Ayes 6, nays 1. Johnson voted nay.
Mabusth asked if this is considered a lakeshore lot, and if so, the
new shoreland regulations may require the lot width to be measured
at the lakeshore. She noted she would bring this to the Council's
attention.
3
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
( #2) #1737 RICHARD HOLLANDER,
680 NORTH ARM DRIVE -
AFTER- THE -FACT VARIANCES -
CONTINUATION OF PUBLIC HEARING 7:25 - 7:43 P.M.
Richard Hollander and Richard Indritz were present.
Mabusth explained the City does not have a record of building
permits issued for lakeshore accessory structures constructed prior
to the storm in 1987. She noted at the time of storm damage in
1987, the emergency ordinance allowed for permits to be issued only
for retaining walls in lakeshore properties or if the principal
structure was threatened to be damaged. The building permit issued
to Hollander specifically excluded the rebuilding of the gazebo in
the lakeshore yard.
Richard Indritz, attorney for the applicant, stated the lot would
not be buildable under current ordinances. The house and accessory
structures were built prior to the adoption of that code. He
referred to slides the applicant has located indicating the
existence of the accessory structures prior to the storm, but noted
they lacked any further documentation. He said the gazebo was
destroyed over 75% of its value during the storm, but the deck
sustained no damage. He indicated his client was willing to remove
the gazebo, a portion of the existing deck and planting area
underlain with plastic around the house.
Chair Kelley asked when the screen porch and gazebo were built.
Indritz indicated both were constructed in 1974 at the time of the
garage addition.
Hollander clarified he was not willing to remove the screen porch.
Indritz noted much of the hardcover on the property is necessary
to create positive drainage on the property.
Johnson felt it a reasonable request if the applicant would remove
the screen porch.
Peterson noted during the last review, the applicant noted the poor
condition of the screen porch.
Cohen reiterated the City has no record of approving the
reconstruction of the accessory structures after the storm.
Mabusth stated the permit specifically stated, "to restore the
shoreline ".
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1737 - CONT.
Rowlette indicated she is familiar with the property and stated she
can only remember the screen house being in that area of the
property in the 1970s.
Hollander stated after the storm, they did not replace any of the
boards on the deck but merely put the deck back. He stated his
entire lot is considered non - conforming and indicated he has spent
very much money in the maintenance of same.
Johnson said he appreciates the applicant's situation, but noted
the work was done without the benefit of permits. He felt to be
equitable with others, the applicant should make some concessions.
Hollander said he would be willing to concede the screen house to
facilitate a vote, but asked that he be granted an extended time
period for which to remove the buildings.
It was moved by Johnson, seconded by Peterson, to recommend
approval of Application #1737 for Richard Hollander, 680 North Arm
Drive, for after - the -fact variances subject to the removal of the
gazebo, 36 s.f. of decking, the plastic landscape areas around the
house, the screen house and associated decking by June 1, 1993.
Ayes 7, nays 0.
( #3) #1762 PAUL W. BOYKE,
793 NORTH FERNDALE ROAD -
PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7:43 -
7:50 P.M.
Paul Boyke was present.
Mabusth stated that the application is to be tabled but that staff
sought direction from the Commission on the issue of lot width.
It was moved by Cohen, seconded by Peterson, to table Application
#1762 for Paul W. Boyke, 793 North Ferndale Road, due to the lack
of required information. Ayes 7, nays 0.
Weckman indicated the additional septic information raised
questions regarding the outlot. He referred to options developed
by staff.
Cohen said he would prefer to review the options in writing and
refused to discuss the application any further.
5
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
( #4) #1764 AUSTIN EVANS,
255 LANDMARK DRIVE -
PRELIMINARY SUBDIVISION - PUBLIC HEARING - 7:50 - 7:53 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Austin Evans was present for this application.
Mabusth explained the 929.4 contour located on the property now
defining the flood fringe area. The property can also meet the most
conservative setbacks for building if the lakeshore setback is
required from the 929.4 contour.
Chair Kelley asked about the existing dirt road and remaining
foundation.
Evans said he intends to remove them.
Rowlette asked about riparian access.
Cohen said Evans must decide that prior to Council review.
is Rowlette reiterated a condition of approval for the Landmark
development was that the lakeshore outlot could not be used for
parking, which has been happening.
It was moved by Rowlette, seconded by Cohen, to recommend approval
of Application #1764 for Austin Evans, 255 Landmark Drive, for
preliminary subdivision approval subject to the conditions noted
in staff's memo, and the removal of the foundation. Ayes 7, nays
0.
( #5) #1766 HOWARD EISINGER,
3245 WAYZATA BLVD -
CONDITIONAL USE PERMIT - PUBLIC HEARING 7:56 - 8:15 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Howard Eisinger was present for this application.
Eisinger explained the original approval was for 100,000 cubic
yards, which never materialized. He noted the most recent approval
of 10,000 cubic yards has been fulfilled and he is unsure of what
additional fill is available.
Bellows asked how much fill the engineer has calculated to be
needed on the property.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1766 - CONT.
Eisinger answered 100,000 cub i c yards to get to the original grades
approved with the first application.
Mabusth stated there was only one problem reported with respect to
the construction schedule.
Chair Kelley asked about the junk and debris on the property and
asked if the removal of that be a condition of approval.
Mabusth concurred and explained that the engineer has recommended
seeding of the slopes this fall.
Eisinger felt the weather may not permit that to be completed.
Johnson indicated he thought this to be a benefit, and asked if
they intended to provide a clay seal to shed water.
Mabusth stated the interior areas are not yet filled and are still
receiving fill.
Bellows asked about a deadline for the completion of the project.
Mabusth stated the applicant does not have knowledge at this time
of any additional fill to be obtained.
Bellows stated they need to achieve the knowledge for an adequate
solution. She asked how long they could control a dangerous
situation on Highway 12. She mentioned this project is also costly
to the City in terms of engineering reviews.
Mabusth asked Eisinger if he has equipment to grade the fill.
Eisinger stated as a condition of accepting the fill, the
contractor is required to do the necessary grading work.
Mabusth noted the applicant has filed for a conditional use permit
of 20,000 cubic yards, and there is an additional 3,000 cubic yards
from the Stubbs Bay sewer project.
It was moved by Cohen, seconded by Rowlette, to recommend approval
of Application #1766 for Howard Eisinger, 3245 Wayzata Boulevard,
for a conditional use permit to permit filling and grading
activities in excess of 100 cubic yards for a period of two years,
subject to all conditions of the original approval resolution, and
the junk and debris be removed and seeding to be done by May 31,
1993. Ayes 7, nays 0.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
( #6) #1767 GEORGE & THERESA BLOOM,
1374 REST POINT ROAD -
VARIANCES - PUBLIC HEARING 8:17 - 8:30 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Mr. and Mrs. George Bloom were present for this application.
Mabusth explained the applicants propose a detached garage which
requires a street setback variance and hardcover variance. They
plan to remove the plastic landscape area within the 0 -75' zone and
the bench boxes will be moved to the deck area, resulting in
additional hardcover removals.
Cohen asked about the additional information requested.
Mabusth stated the applicant has not provided elevations, but has
addressed the drainage issue. She referred to the addendum
information in the packet. She pointed out the survey deals with
the 926' elevation which places the 75' setback at an incorrect
location. She noted that a Council member has called attention to
the survey that noted a 926' elevation which would require
amendment of the hardcover facts.
16 Mr. Bloom indicated his desire to move the application along
quickly advising they would like to build this year.
It was moved by Cohen, seconded by Bellows, to recommend denial of
Application #1767 for George and Theresa Bloom, 1374 Rest Point
Road, due to the lack of a correct survey information and
elevations for the new structure. Ayes 7, nays 0.
( #7) #1768 DR. WILLIAM & RHONDA T. OMLIE,
1860 SHADYWOOD ROAD -
VARIANCES - PUBLIC HEARING 8:30 - 9:05 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Dr. William and Rhonda Omlie were present for this application.
Rhonda Omlie explained they have revised their proposal to have the
garage addition follow the existing garage side, requiring a 15"
variance from the side lot line, and to provide a circular drive.
She stated their main reason for the request is due to safety. She
noted they currently back 130' on to County Road 19. They have
three vehicles, which requires some shuffling at times to exit the
property. The circular drive would allow for forward access onto
the County road. She pointed out they do not have any hardcover
within the 0 -75' zone, and are requesting a 5% increase in the 75-
250' zone. She noted they or i g i na I I y worked f rom a prev i ous survey,
which proved to be incorrect, thus delaying the project.
8
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1768 - CONT.
Dr. Omlie stated he is a trauma surgeon which requires him to have
quick egress from the property at all times.
Chair Kelley asked about the removal of the detached shed.
Rowlette reviewed it is used for storage of lawn equipment and a
boat. If the shed is eliminated, the boat may end up stored on the
property.
Johnson asked the size of the property.
Rhonda Omlie said it is approximately 1 acre.
Ken Larson, architect, felt the island in the middle of the circle
drive shown on Plan B is an asset as it will allow additional area
for dispersing run -off.
Johnson noted that with more intense variance applications with
smaller lots, the Planning Commission has consistently requested
additional reductions in hardcover percentage. He felt an attempt
should be made in this case also.
Rhonda Omlie said with respect to hardcover and run -off, the entire
east side of the lot is grassed and the drainage flows to that
area.
Peterson noted his property is set up much the same way and he has
a very large vehicle, and concurred with the applicants that it is
difficult to maneuver the drive, but felt it was not impossible.
Schroeder felt they should give some credence to the response time
issue.
Rowlette felt the circular drive makes sense for this property, but
asked that they consider additional hardcover reductions elsewhere.
Cohen felt the circular drive is not the problem, but rather the
additional shed and drive.
Chair Kelley reminded the applicants that they were aware of the
situation when the purchased the property.
Rhonda Om I i e stated major portions of the additions to the existing
40 residence are covering existing hardcover.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1768 — CONT.
Larson stated they have reviewed the proposal and have calculated
a way to reduce Plan B an additional 1 to 1.5 %.
Chair Kelley asked about additional landscaping the applicants may
want in the future. He said he feared if the plan is approved with
an overage in hardcover now, the applicants will later ask for
additional hardcover for landscaping.
Dr. Omlie stated that has been calculated in with the proposal.
Mabusth pointed out Plan B does not have the retaining walls
calculated in with the hardcover percentages.
Chair Kelley felt the applicants should review their proposal and
return with a complete proposal.
Bellows stated she would like to see the additional reductions in
hardcover on a plan.
is Rhonda Omlie understood the City is concerned with safety and
hardcover issues, and felt the Commission was not addressing those
issues.
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Bellows stated it is up to the Commission to determine how those
needs are met.
Johnson felt even though the lot is large, the increase in
hardcover being requested is large.
It was moved by Chair Kelley, seconded by Cohen, to recommend
approval of side yard setback of 15" to construct a garage for
Application #1768 for Dr. William and Rhonda Omlie of 1860
Shadywood Road. Ayes 7, nays 0.
It was moved by Chair Kelley, seconded by Cohen, to table
consideration of the hardcover issue for Application #1768 for Dr.
William and Rhonda Omlie of 1860 Shadywood Road, to allow the
applicants further time in which to consider additional reductions
in hardcover. Ayes 7, nays 0.
10
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
( #8) WILLIAM & LAURIE CORNELIUS,
960 TONKAWA ROAD -
VARIANCE - PUBLIC HEARING 9:09 - 9:12 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Laurie Cornelius and Steve Longman, builder, were present for this
application.
Mabusth explained the applicants request an average lakeshore
setback variance to construct a new residence and pool. She stated
the proposed house will be further back from the lake than the
existing house.
Chair Kelley noted only the house directly next door is affected
by the proposal.
Rowlette noted houses further down the shoreline have the same
setback as was being proposed, and added the house is on a point
which places further limitations on the building envelope.
is It was moved by Rowlette, seconded by Johnson, to recommend
approval for Application #1770 for William & Laurie Cornelius, 960
Tonkawa Road, for an average lakeshore setback variance to
construct a new residence and a pool. Ayes 7, nays 0.
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( #9) JAMES BROOKS,
3785 WATERTOWN ROAD -
VARIANCE - PUBLIC HEARING 9:13 - 9:15 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
James Brooks was present.
Weckman explained this application is for a side setback variance
to replace an existing porch on a narrow lot.
It was moved by Cohen, seconded by Rowlette, to recommend approval
of Application #1772 for James Brooks, 3785 Watertown Road, for a
side yard setback variance to replace an existing porch area. Ayes
7, nays 0.
11
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
( #10) #1773 ROBERT KOEHNEN,
537 HANLON AVENUE -
VARIANCES - PUBLIC HEARING 9:15 - 9:21 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Robert Koehnen was present.
Mabusth explained this is a request to allow structural repairs to
an existing detached garage that does not meet the required
setbacks, to replace an existing masonry wall and extension to the
rear of the garage with a boulder retaining wall.
Cha i r Ke I I ey asked i f the ne i ghbor affected by the wa I I has any
objections, and asked if the entire wall is placed within Koehnen's
property.
Koehnen stated his neighbor has no objections and has offered to
submit a letter to the City. He stated the wall has been placed
entirely within his property boundaries according to his survey.
Mabusth noted the applicant would need to obtain a permit for the
repairs to the garage.
Schroeder noted if the wall collapses it will take out the
neighbors' fence.
Bellows asked who engineered the wall and asked about a permit for
such.
Mabusth stated staff does not wish to address the wall with a
permit as they do not wish to assume any responsibility for such.
It is felt by staff that if the wall is removed now, it may create
additional problems for the property.
Schroeder felt the City should make sure they have approval from
the neighbor on file at the City.
It was moved by Schroeder, seconded by Johnson, to recommend
approval of Application #1773 for Robert Koehnen, 537 Hanlon
Avenue, for side and street setback variances to renovate an
existing detached garage, and for unapproved land alterations of
side lot line. Ayes 7, nays 0.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
( #11) EDWARD & MARGARET STRICKLAND,
735 NORTH FERNDALE ROAD -
VARIANCE - PUBLIC HEARING 9:28 - 9:45 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Mike Hoekstra, attorney for the applicants, was present.
Cohen noted he was unable to view the property because of the
applicants' dogs.
Rowlette asked if the dock is proposed to be removed in the winter.
Hoekstra stated it is a removable dock, but the applicants would
prefer to leave it in place year round.
Chair Kelley asked if the City has any other docks this long within
its limits.
Weckman stated there are 4 or 5 other examples of docks this long
within the City.
Hoekstra stated the adjacent neighbors, the Bergs, have no
objection to the proposal.
Mabusth stated Boyke also submitted a letter of non - objection.
Hoekstra stated the applicants' position is that they own the
property to the open water but they have no means to get there. He
indicated the dock is an environmentally safe alternative. He said
the applicants do not plan to destroy any vegetation with the
installation of the dock.
Peterson noted the Flowage and Conservation Easement for the
property which specifically states there shall not be a dock in
this area. He felt this structure will be inconsistent with the
nature of the land.
Mabusth said the area was a designated wetland at the time the
easement was taken. The DNR has now designated the area a "Natural
Environment" lake with a defined OHW.
Peterson felt the dock would be an ideal nesting area for geese.
He asked if the applicants would allow them to remain.
Bellows clarified the dock width.
Hoekstra stated the dock will be 4' wide with a floating platform
at the end that will be 8'x8'.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1774 - CONT.
Mabusth indicated there are no standards in place for docks on this
type of lake. She noted the subject Flowage and Conservation
Easement would have to be amended if the dock is approved.
Cohen contended the owners purchased the property with the
restrictions of that easement in place. He felt nothing could be
done.
Schroeder agreed the dock is inconsistent with the nature of the
land.
Peterson felt this should also be considered hardcover, and felt
it to be worse as it crosses this natural wetland.
Bellows noted this type of structure is built in natural areas by
environmentalists.
Peterson disagreed, and noted this type of construction is only
done for use by the general public.
John Sather, 2245 Shadywood Road, agreed with Peterson's comments.
It was moved by Peterson, seconded by Cohen, to recommend denial
of Application #1774 for Edward and Margaret Strickland, 735 North
Ferndale Road, for a variance to construct a dock from the edge of
the wetland to open water on Lydiard Lake, based on its
inconsistency with the nature of the land. Ayes 6, nays 1. Johnson
voted nay.
( #12) #1775 ROBERT G. LUESSE,
3249 CASCO CIRCLE -
VARIANCES - PUBLIC HEARING 9:46 - 9:55 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
Mr. Luesse was present.
Mabusth presented elevations of the proposal to the Planning
Commission. She noted the proposed detached garage requires
hardcover, side and street setback variances. The structural repair
of the existing accessory structure requires a side setback
variance. The addition requires an average lakeshore setback and
side setback variances.
Chair Kelley stated he has no problem with the request for a
garage, but has difficulty approving a 11% increase of hardcover
in the 75 -250' zone.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1775 - CONT.
Luesse noted the request for a detached garage requires a more
extensive drive. He stated he would be willing to change his
request for a 2 car attached garage, which will reduce the
hardcover proposed. He asked them to consider a reduced version of
the greenhouse addition as he is an avid gardener.
Chair Kelley pointed out the need to maintain a separation for
emergency vehicles.
It was moved by Chair Kelley, seconded by Cohen, to table
Application #1775 for Robert Luesse, 3249 Casco Circle, to allow
the applicant time to reconsider his application. Ayes 7, nays 0.
( #13) #1776 ROBYN STEWART,
370 LEAF STREET -
VARIANCES - PUBLIC HEARING 9:55 - 10:10 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
jRobyn Stewart was present.
Weckman explained the applicant requests a variance to the required
acreage for animals, and a variance to construct a barn in front
of the principal structure. He indicated the applicant intends to
use the adjacent neighboring property for pasture land.
Stewart stated she currently boards her horses at a vacant property
and indicated many problems with doing so. She stated she would
like to have her horses under supervision.
Shelia Olson stated Stewart also wants her horses on her property
to the children can use them for a 4H project.
Henry Furchner, 360 Leaf Street, felt the hardship with regard to
drainage would be placed on them if Stewart is allowed her request.
He indicated Stewart's property is currently saturated with sewage
and felt the addition of animals would only create a bigger mess.
Elaine Furchner expressed concern with the drainage to their
property. She noted Stewart does not currently take care of her
animals. She stated it would be a hardship to sell their property
with the animals so near. She asked what would happen if Laue
decides to build in the near future.
Stewart stated she would cover the manure with sawdust to reduce
the smell or use a dumpster or bury it.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1776 - CONT.
Jane Behrman, 340 Leaf Street, expressed concern for safety of her
ch i I dren, and noted she is uncomfortable that Stewart does not have
a lease for the pasture land.
Catherine Anderson, 398 Leaf Street, expressed her desire not to
have additional traffic down her private drive that she shares with
Laue.
Henry Furchner stated Shirley Laue has indicated the current
fencing for their property will not contain horses.
Bellows stated she did not see how they could grant a variance to
someone that does not own the property. She felt the hardships
expressed by the applicant were inadequate.
It was moved by Cohen, seconded by Bellows, to recommend denial of
Application #1776 for Robyn Stewart, 370 Leaf Street, for variances
to construct a barn in front of the principal residence and to
house horses on a substandard lot, based on the lack of hardship
expressed by the applicant. Ayes 7, nays 0.
Rowlette stated to the applicant that they cannot give credit for
property she does not own, and the Commission has no way of knowing
where the horses will be pastured.
( #14) #1769 LOUIS OBERHAUSER,
3856/3875 SHORELINE DRIVE & 2405 DUNWOODY AVENUE -
SKETCH PLAN OF PROPOSED PRD - SUBDIVISION -
CONCEPTUAL REVIEW
Louis Oberhauser was present. He stated his proposal to the City
is a 4 unit PRD. He noted the property is divided into 3 tax
parcels, and has been assessed for 4 sewer units. He felt this use
would be a good use of the land. He noted any proposal for this
property will require variance approvals. He felt the development
fits well on the site. He indicated attached housing would enable
a better quality of homes than smaller single family units.
Johnson asked if he has considered one single family residence. He
reminded the applicant of the 1/2 acre zoning requirement.
Oberhauser stated he has the right to build 3 houses on the lots.
He stated the County has assessed each lot at approximately $90,000
per lot.
Johnson stated they could not be built without variance approval.
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ZONING FILE #1769 - CONT.
Chair Kelley felt the City would be pushed into approval of those
variance requests because there currently are houses on the lots
and have been assessed for sewer. He felt a PRD development would
help free up more open space. He felt the PRD makes sense for this
property.
Johnson felt the PRD development is intended to preserve natural
features of a property, but felt there was nothing special about
these lots.
Chair Kelley polled the Commission with regards to a PRD
development. All Members, with the exception of Johnson, agreed
with a PRD development, with 2 to 3 unit development. Cohen noted
if the applicant could provide quality housing with 4 units on the
property, he was welcome to submit that plan.
Johnson felt the applicant should combine the three lots into one
parcel and build a single family residence.
Chair Kelley stated there is to be no hardcover in the 0 -75' zone.
Mabusth asked about the riparian issue.
All Members felt a single dock with three slips would be the
preferred option.
Rowlette stated she would like to see a further reduction in
hardcover on the property.
Chair Kelley asked about screening along the County road.
Oberhauser stated he intends to plant a hedge.
( #15) REPORT BY PLANNING COMMISSION REPRESENTATIVE
Johnson asked Callahan to explain the process for the approval of
the Shoreland Regulations.
Callahan explained after adoption by the city, the document is
submitted to the DNR and other affected entities for comment. He
noted Orono has submitted their ordinance and it is officially in
place. Other cities have submitted their documents and they have
been circulated for comment. He noted some cities cannot or do not
wish to meet all the required State standards and therefore are
asked for flexibility. He noted he has suggested Orono respond to
these flexibility requests by viewing them pragmatically..
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
( #16) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE
Chair Kelley reported the Committee is working on marina licensing.
Jabbour expressed frustration with the amount of time spent on this
issue, but felt it has helped some marinas to understand the
process better. He indicated some marinas have initiated their own
clean up process.
Chair Kelley asked the status of Gayle's Marina.
Callahan reported there is a possibility the DNR may purchase the
property.
JoEllen Hurr reported several neighboring residents have met with
the DNR to discuss the launch access, and they have come to a
consensus. The DNR w i I I be subm i t t i ng p I ans for rev i ew by the C i ty. .
The proposal is a joint venture with the City and the DNR.
6 ( #17) OTHER ISSUES
Chair Kelley reported work continues on the City facilities and it
is hoped to have the December Council meeting there.
Chair Kelley asked about progress on Highway 12.
Goetten stated the process has slowed.
Bel lows noted she has worked with MNDot on other projects, and they
have indicated to her the Highway 12 process will be very long due
to recent budget cuts.
( #18) APPROVAL OF MINUTES
It was moved by Cohen, seconded by Bellows, to approve the minutes
of the September 21, 1992 Planning Commission meeting. Ayes 7, nays
0.
( #19) REPRESENTATIVE TO THE COUNCIL MEETING
Rowlette volunteered to attend the November 9, 1992 meeting.
18
if
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HELD OCTOBER 19, 1992
ADJOURNMENT
Chair Kelley adjourned the regular Planniqg C mission meetjng at
10:50 p.m.
C arlie Kel e , Chair, rson
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