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HomeMy WebLinkAbout11-16-1992 Planning Commission Minutes40 PUBLIC ATTENDANCE Council CITY OF ORONO MEETING DATE &7 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2. Ilk 4. 5. Nvc p qw 4,11a A 8. - �j 13. 14. 15. 16. 17. 18. -20. It Cl MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 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, Candace Rowlette, and Jeff Johnson. Ed Cohen was absent. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and City Recorder Teri Naab. J. Diann Goetten and Gabriel Jabbour were also present. Chair Kelley called the meeting to order at 7:00 p.m. ( #1) #1778 DEPARTMENT OF NATURAL RESOURCES, NORTH SHORE DRIVE, MAXWELL BAY PUBLIC ACCESS - CONCEPTUAL REVIEW /COMMERCIAL SITE PLAN Gordon Kimball, representative for the DNR, and Stan Linnell , DNR Landscape Architect, were present. Gaffron stated the Planning Commission does not need to take specific action on this application and the intent is to provide input to the DNR regarding the Maxwell Bay boat access. Kimball said the plans represent response to the City and area residents' concerns. He noted the DNR purchased a portion of the property under consideration in March 1992. Linnell clarified ownership of parcels in the area. He showed 4 various concept plans. He said typically the DNR tries to provide a counter -clock wise traffic movement for accesses. They would provide striping for the loading areas and screening for the satellites. Kelley asked about providing trash bins. Linnell stated that could be incorporated within a cooperative agreement between the City and the DNR. Kelley asked about lighting for the area. Linnell stated typically they provide one light for the loading ramp area, and possibly one additional light for the parking lot area. He stated with this proposal, they may provide a light for the shore fishing area. Kimball noted typically the DNR does not maintain accesses during the winter months and tries to discourage the use of such so as not to imply the ice is safe. lil MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 DNR - MAXWELL BAY PUBLIC ACCESS - CONT. Linnell explained Plan A which provides for 55 -60 car /trailer parking spaces, and 15 car only spaces with 3 loading ramps. He stated the area provides for a 2 1/2 to 3' launching depth at the ramps, and the ramp areas would not be appropriate for the launching of larger boats. Johnson asked how the DNR would plan to treat run -off and improve water quality. Linnell indicated they try to provide for drainage to run away from the lake wherever possible, but added with this site that may not be feasible. He stated they would provide detention ponds around the site and as large a green buffer as possible. Kelley asked about curbing. Linnell indicated curbing would be provided around the islands and wherever necessary to direct traffic or run -off. Kimball added the DNR would provide a skimmer system within the detention areas to filter run -off and it would be the responsibility of the DNR to maintain those systems. Schroeder asked about the length of the fishing pier. Linnell noted typically the piers are 80' long, but that can be reduced as needed. Kelley asked about additional dredging in the area. Linnell said they do not plan any additional significant dredging. Kimball stated typically during a drought period, the DNR leaves accesses high and dry. He noted it is not the policy to get involved in maintaining lake levels, and would only consider doing so in a drastic situation. Linnell explained Plan B which includes development of the DNR owned property westward to include the 3 privately owned parcels. This plan would include 70 -76 car /trailer parking spaces, and 15 car only spaces. A right turn lane would be provided as well as a by pass lane. He stated they have met with Hennepin County, and entrances have been based on the County's recommendations. a, Peterson asked about areas to remove milfoil. 2 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 DNR - MAXWELL BAY PUBLIC ACCESS - CONT. Kimball indicated typically boat owners will throw the milfoil off to the side and the DNR crews will rake up the area during maintenance. He stated the DNR would try to keep areas in front of the ramp free of milfoil. Linnell explained Plan C provides access off of Tonkawa Road, and would include 50 -55 car /trailer parking spaces, and 15 car only spaces. He stated this is the smallest site proposed and only provides for a 25 -30' setback from the lake. Peterson asked about the future of the land owned by the DNR if this proposal is realized. Linnell said the DNR would need to get Legislative approval to sell the property. He added area residents indicated their desire for the smaller access, but may be willing to approve the larger site to off set additional hardcover and provide additional setbacks. He explained Plan D provides 65 -76 car /trailer spaces, and 15 car only spaces. He noted this plan provides for a 45 -50' setback from the lake and would allow for additional space for detention ponds. Schroeder asked how the DNR came to purchase the property on Maxwell Bay. Kimball noted the owner approached the DNR. He referred to goals established from studies done in the m i d -1 980s in which 10 criteria were developed for public accesses. Bellows asked about distribution of lake access around the lake. She questioned the need for another public facility when there is already one within "spitting distance ". Kimball explained the 1980s studies established 5 zones around the lake. He noted the goal for providing parking spaces is linked to past studies, and is also opportunity- driven. He noted the LMCD's Lake Access Task Force attempted to address the distribution of lake access. He said Plan D would provide the maximum number of parking spaces needed for Zone 1. Bellows felt the DNR was putting the cart before the horse as they do not know the current distribution in other zones. Marge Gasch reported in Zone 1 there are 63 parking spaces, Zone 2 has 37, Zone 3 has 0, Zone 4 has 16, and Zone 5 has 32. 6 3 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 DNR — MAXWELL BAY PUBLIC ACCESS — CONT. Kimball stated the DNR would not stop moving forward with an access in any zone just because other zones are deficient. He added the DNR would be happy to work in any of the zones to create access and they intend to do so. Bellows suggested the DNR actively seek out spaces where there currently are none. Schroeder added the population is higher in the southern portion of the lake. Kelley asked whether the DNR has to go the Legislator to acquire funds to purchase additional property. Kimball stated they have received $944,000 for acquisition of land for pub I i c access, and the money is not site spec i f i c, but the work program is keyed toward Maxwell Bay. Jabbour explained the City was informed casually that there will be an access on Maxwell Bay, and that was endorsed by the Task Force. He stated it was the City's position that there should not be an access on Maxwell Bay. The City decided to work with the DNR to provide the least offensive site. It was felt if they target other heav i I y used areas on the Bay, such as mar i na s i tes, they may be able to reduce the overall traffic. He noted the City did not have a choice in the matter. He stated the DNR is before them as a courtesy. Peterson asked which plan the DNR prefers. Kimball stated they need to establish the most cost effective plan and would prefer to use the plan that meets the total parking criteria for the zone. Kelley asked if that is done, would the DNR agree to consider no additional accesses in Orono. Kimball indicated that decision would have to be made by the Commissioner's office, and the option has been submitted to him. He said it is the DNR's hope that whatever access proposal moves forward in the future, it be a cooperative effort. 4 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 DNR - MAXWELL BAY PUBLIC ACCESS - CONT. Marge Gasch, 1030 Tonkawa Road, stated the area residents were very concerned about the possible access and unsuccessfully tried to stop the purchase of the property. She noted it was generally felt that a public launch may be better in the area than the current marina situation. She indicated the area residents have worked with the DNR and feel better about the situation. She added, she does not want the larger plan, especially considering the proximity of the North Arm landing. Rowlette asked about the number of spaces provided at North Arm, and asked if that number includes on- street parking. LinnelI stated it is the goal of the DNR to eliminate on- street parking with public accesses. Don Peterson, 3048 North Shore Drive, expressed the following concerns: 1 . asked that the ramp be off i c i a l I y closed during winter months to prohibit the use by ice fishermen; 2. asked that with Plans A and B, the loading ramp area be prov i ded at the western I of I i ne to stay away f rom the residentially used properties; 3. asked that appropriate setbacks be met, possibly through reduced ramp size; and 4. asked why the DNR has not considered all available sites in Zone 1. Kimball stated the DNR has not considered any sites on its own at this time. He said they are working with the LMCD's Task Force on any considerations. He reiterated this is a public access and people have a right to use the landing during winter months to gain access to the lake. He did not feel there would be a massive proliferation of ice houses because of the landing. Bellows reminded Kimball that he stated earlier it is not a policy of the DNR to keep the accesses open during winter months. Kimball explained it may be possible to consider closing the access during winter months, but could not commit to that. He added the DNR does not maintain accesses during winter months. a 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 DNR - MAXWELL BAY PUBLIC ACCESS - CONT. Linnell stated it would be difficult to move the location of the ramps within Plans A and B as the County has recommended access to the property at the western lot line. Peterson asked if it wouldn't be wise to consider sacrificing parking spaces to ensure property owners' rights. Linnell stated the proposals direct traffic away from the residential properties. He stated they have tried to provide reasonable setbacks and still maintain a cost effective site, and wherever possible, have tried to incorporate detention ponds. Mike Hilbelink said he has tried to bring to the attention of the Task Force other ava i I ab I e s i tes. He added he wou I d I i ke to see North Shore Drive Marina property included with the proposal. Kimball stated he would be happy to consider any site that goes through the process, which the Task Force is currently developing. Jabbour said, "that is assuming the Task Force is operating above board ". Jim GrathwoI, Chair of the Task Force and Director of the LMCD Board and representative for Excelsior, said, "the Task Force first met in March 1992 and at that time formed three sub - committees, which between March and October met a number of times and discussed a series of recommendations to bring back to the Task Force. At the October meeting of the Task Force, we got to one of the recommendations and adopted a set of standards for parking around Lake Minnetonka. The Task Force was able to approve criteria s i m i I ar to the 10 goa I s adopted i n the 1980. I t was a step forward . The Task Force is going to meet again December 9th to take up the second part of the report of those sub - committees. You may have seen something in the newspaper. We went out and counted 755 car /trailer parking spaces that exist, you can take anybody out and point to them. It may take some time. Now we have to determine how we categorize those 755. There is not much doubt now, and I think the Task Force will agree, how many there are existing. Some of them are bad, and you have mentioned some trouble with parking on the County Road near Henderson. Some of them are good such as at the Henderson Bridge. Our next step, once we adopt the count, we can start to divide them up. We have not reached the point yet where we have even begun to determine which zones this parking should be in. At the same time the question has come up about the procedure, what to do about properties being offered for so car /trailer parking." 6 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 DNR - MAXWELL BAY PUBLIC ACCESS - CONT. Grathwol continued, "How do you process interest for any particular site, such as for Advance Machines. We are going to have a meeting on November 23rd at the LMCD office of a committee of the LMCD on Lake access to begin to discuss what procedures we can have for an orderly process for bring forward in public properties people want to offer or properties people suggest could be examined as potential access sites." Kelley asked, " do you feel that each community on Lake Minnetonka should share its appropriate share, personally ?" Grathwol responded, "personally, I feel that each community on Lake Minnetonka should do what they do best. The question has been raised about Excelsior, and that is the City that I am from, and I have had a long experience with the City having I i ved there a long time and have represented them in various capacities over the years. The City of Excelsior, and the Council has confirmed by a 5 -0 vote, that they will not have car /trailer boat launch ramps in Excelsior." Kelley asked why the City of Orono should then. is Grathwol said, "that is a question you should ask yourselves.' Kelley asked why Excelsior should be exempt. Grathwald replied, "Excelsior has a 30 acre park along the lakeshore. They have a series of commercial properties along the lakeshore, and they have some residential, similar somewhat to Orono. However, they have a lot less area than Orono and they are surrounded by other communities that are residential in character." Kimball stated the situation where property owners are coming to the DNR and asking them to purchase their property is unprecedented, and that attitude has just recently been changing. Kelley said, "I am mad as hell. The DNR has 4 properties, and the City could say you can have those and squeeze what you can into it. Then you have Excelsior, and who knows what other communities that are saying "no we don't want any ". Kimball said, "the DNR has not responded to the position taken by Excelsior, nor has it been discussed i n the Task Force as a whole." Schroeder stated the timing seems all off, as the Task Force just 40 determined the process for counting spaces. 7 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 DNR - MAXWELL BAY PUBLIC ACCESS - CONT. Kimball added their decision to purchase the property is what precipitated the Task Force. Jabbour said, "that is a very good point that the DNR should remember, and I am very proud of what the Planning Commission is doing today and it is very important that the DNR see that. The sooner the DNR divorces its self from the LMCD, the better they will be. The City Council will pass a resolution stating no more accesses in Orono. I would like to know why Orono's resolutions echo hollow at the DNR, and the Chairman of the Task Force feels a resolution by Excelsior will hold water." Bellows felt the DNR should wait for the Task Force to develop a process for reviewing potential sites. Peterson asked if the Task Force has determined 700+ parking spaces are available, why is the DNR even considering more. Kimball replied that some of those spaces are not regarded as 16 secure parking spaces and the DNR feels off - street parking is best. Rowlette felt the DNR needs to let the Task Force do their job in determining final available parking spaces and review available spaces in each zone. Kimball noted this is the third task force to study this issue. Ke I I ey noted Orono i s w i I I i ng to have i is fa i t share of access, but before the DNR proceeds, the other communities around the lake have to have their fair share also. He added, before the City of Orono does anything, he would like to see a plan in place indicating each communities responsibility to provide its fair share. ( #2) #1778/1779 ANDREW GOETTEN, 1385 FOX STREET - PRELIMINARY SUBDIVISION /VARIANCE - PUBLIC HEARING 8:12 -8:55 P.M. Andrew Goetten and Paul Anderson, attorney, were present. 6 8 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 s ZONING FILE #1778/1779 - CONT. Gaffron explained the property is 3+ acres at the corner of Orono Orchard Road and County Road 15. The MUSA boundary line divides the property. During the 1980 Minnetonka Bluffs area sewer project, the Goettens dedicated an easement for a lift station in exchange for the City granting the ability to subdivide the property creating one 2 acre, unsewered, building site. Resolution #1178 established criteria for that division, however, the resolution does not suggest how to develop a one acre parcel within a 2 acre zoning district. Two options may be by a variance or by rezoning. The City Attorney opines that rezoning of the entire Bluffs area to 1 -acre standards would not be considered spot zoning as it would be residential property staying residential, and it would be fitting a set of residential standards to properties that already are developed. He stated another similar situation is the Hackberry Hill area. He noted the applicant has relied on this Resolution for the past 12 years to allow the subdivision of his property. He asked what is the City's obligation to allow this type of subdivision, and if any, under what process. Bellows asked if they are bound by decisions of a previous Council. Gaffron stated the Attorney has not addressed this issue. He noted past experience indicates actions by a previous Council do not necessarily bind a present Council. Mabusth asked if Gaffron has ever written a resolution such as Resolution #1178. Gaffron explained he was involved with the drafting of this resolution. At that time, Mr. Benson and Mr. Olson were involved with discussions with Mr. Goetten and minutes direct staff to draft a resolution but do not specifically outline criteria. He felt the intent of the resolution was to establish one sewer unit for a three acre parcel, and give the property owner some comfort that the City in the future might allow a subdivision of a 1 acre sewered lot and a 2 acre unsewered lot. Bellows asked about setting a precedent. Gaffron stated they would need to look closely to determine specific and unique criteria for approval to avoid creating a negative precedent. 9 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ZONING FILES #1778/1779 - CONT. Anderson felt the resolution implies the subdivision would be allowed. He reviewed the unique history of the property: 1. the Goettens were in support of the 1980 -1 sewer project, and even granted an easement for the lift station in the northeast corner of their property; and 2. they did not appeal the project as others in the area did. He stated his client would prefer the subdivision be approved as a variance as this would provide a more expedient process. Goetten explained he assumed the resolution was binding. He noted they supported the sewer project on the basis that they were helping the area by granting the easement and lowering the unit cost. He stated he was under the impression the application would proceed as a variance. He felt a rezoning of the area is the responsibility of the City, not of an individual. He added, he would prefer to address their decision as a private matter. Bellows stated rezoning will not solve the issue of the road. Gaffron concurred that the road right -of -way would still need to be granted, and thus a lot area variance would be needed. Schroeder felt the resolution accommodates the subdivision. Rowlette felt they were not bound by past decisions, and added she wishes to see the area rezoned. Peterson agreed the area should b� rezoned, but felt they were obligated by past agreements. He hoped decisions made by the Planning Comm ;ssion today will be honored in the future. Kelley stated he was in favor of rezoning the entire parcel. Gaffron indicated it would be incongruous to rezone the west two - thirds of the property to a one acre zone and not sewer the property. He felt the potential for changing the MUSA line is feasible, but they need to remember the City is dealing with the Metropolitan Council on other issues and the process of revising the MUSA could be slow. Mabusth felt it would not be wise to grant a variance to accommodate the subdivision. 40 10 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ZONING FILES #1778/1779 - CONT. Goetten asked the Planning Commission's opinion on the road issue. He reported his entire property is surrounded by right -of -way. He stated the road is currently 20' wide and serves 4 properties. There is an additional 10' available for right -of -way. In 1991, the Ci ty worked on the road, and it was the City's posit ion at that time that it was not necessary to widen the road. He said he hoped the newly created lot could access off Orono Orchard Road. He questioned the necessity of a 100' diameter cul -de -sac. Bellows agreed that the road may not be required at the width proposed. Kelley asked who would pay for the upgrading to the road. Gaffron stated it is the City Engineer's recommendation that the road be upgraded and paid for by benefitting property owners. Kelley stated he felt Lot 1 should access onto Fox Street. All members agreed. He felt it unfair that the entire burden of the cul -de -sac be born by Goetten. All members agreed. Kelley suggested a partial cul -de -sac or it be platted at this time and left undeveloped. Bellows asked about the potential of developing Fox Street right - of -way to the East. Mabusth indicated that is probably feasible because of the topography. Gaffron noted if Dakota Rail forces the access to the east to close, there would be an additional residence using the road for access. He indicated standards in the code require a public roadway to have a 50' wide right -of -way, paved at a minimum of 28', and a cul -de -sac with 100' radius. Bellows asked if there was another acceptable engineering alternative to the road. Gaffron stated the City Engineer does not recommend doing anything with Barrett Avenue. Johnson felt the area has limited transportation needs. 11 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 U ZONING FILES #1778/1779 - CONT. It was moved by Kelley, seconded by Bellows, to recommend approval of Applications #1778 & #1779 for Andrew Goetten, 1385 Fox Street, for preliminary subdivision approval, subject to 10' additional right -of -way be dedicated for Fox Street, redesign of cul -de -sac to meet a pro -rata share, Lot 1 to access off Fox Street, the entire parcel to be rezoned to a 1 acre zoning district, subject to an acceptable primary and alternate septic site be located on Lot 1, and approval of a variance for the septic system, based on the hardship that previously approved resolution is a binding agreement. Gaffron asked if the Commission is requesting the dedication of 33' of right -of -way for Orono Orchard Road. He asked if they intend Fox Street to be upgraded to the full width of the dedicated right - of -way, and if they will require the removal of the garage within that right -of -way on the Goetten property. Kelley stated 33' of right -of -way will be required for Orono Orchard Road. He added, Fox Street should be upgraded to the full width of the right -of -way which will require the removal of the garage on the Goetten property, and the cul -de -sac should be dedicated at a pro -rated share but does not have to be constructed at this time. Gaffron asked about the parcel with riparian access. Kelley stated that issue is up to the applicant to decide. Vote: Ayes 6, nays 0. ( #3) #1780 CITY OF ORONO, 1000 OLD CRYSTAL BAY ROAD - PRELIMINARY SUBDIVISION Mabusth explained item has been tabled to the next meeting and appropriate notices have been sent out. 12 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ( #4) A) #1785 DAVID CARLSON, 600/610/620 BIG ISLAND - PRELIMINARY SUBDIVISION, CLASS II, LOT LINE REARRANGEMENT & CREATION OF EASEMENT B) #1781/ #1782 - 620 BIG ISLAND - VARIANCE /CONDITIONAL USE PERMIT C) #1783/ #1784 - 610 BIG ISLAND - VARIANCE /CONDITIONAL USE PERMIT PUBLIC HEARING 9:21 - 9:39 P.M. The Affidavit of Publication and Certificate of Mailing were noted. David Carlson was present for this application. Mabusth explained at the time the survey was done for the property owners of 600 (Lot 3) and 610 (Lot 2) became aware that they did not own the lakeshore that they historically had been using. Mr. Carlson then asked them to participate in a lot line rearrangement to correct the riparian issue and other mutually benefiting lot line adjustments. Any approval of the lot line rearrangement must address the proposed substandard side setback of the existing cabin on Lot 2. Applicant has advised the structure will be removed. She noted both new structures will be located in the floodplain, as are the existing structures. Because the areas of both seasonal cabins are over 800 s.f. in area, an on -site septic system will be required. The subdivision code requires anytime a private or public easement is created, subdivision approval is necessary. Easements will be provided for Lots 1 and 2 sharing the septic system. Bellows noted the large loft space proposed for the new cabin and the potential for bedroom use expansion. Mabusth stated covenants would have to be executed to restrict the use of the cabin to a two bedroom use. Carlson said because of the cost and the value of the land, he felt the size of the structure was warranted. Kelley stated the Commission is concerned with the preservation of the land and the lake and could not consider monetary concerns. Carlson indicated the subdivision has setback and hardcover requirements. He up instead of out to meet that cr i ter will be used as a play area for his eliminated all the problems in the area floodplain and the need for an average 13 been proposed to meet the said he has proposed to go i a. He added the loft area children. He noted he has but the encroachment of the setback variance. 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ZONING FILES #1781/1782/1783 /1784/1785 - CONT. Kelley commended Carlson on coordinating a joint septic system. Gwen Meyers, daughter of a neighboring property owner, noted their concern that Carlson proposes a large structure for the lot, and the area does not warrant that size. Mr. Meyers asked about Hennepin Parks' intent to create a park on Big Island. Jabbour explained past Councils felt that a regional park would be feasible on Big Island, but it currently is felt that the land should remain residential and the City Council plans to amend the Comprehensive Plan to reflect that attitude. Bellows asked about using a wood foundation in the floodplain. Carlson stated the M.C.W.D. is requesting an architecturally approved foundation. Rowlette stated the loft area is not a legal bedroom, and added, she has one in her home and it is not used as a bedroom. It was moved by Rowlette, seconded by Johnson, to recommend approval for Applications #1785, #1781, #1782, #1783 and #1784, for David Carlson, for property involving 600, 610, and 620 Big Island, for a preliminary subdivision, Class II, lot line rearrangement and creation of easement, and variances and conditional use permit, per staff recommendations, and subject to the resolution indicating the loft area can not be used as a bedroom. Ayes 6, nays 0. ( #5) #1762 PAUL W. BOYKE, 793 NORTH FERNDALE ROAD - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING 9:39 - 9:44 P.M. Paul Boyke and Mark Gronberg were present for this application. Gaffron explained the application has been revised to provide only one riparian lot, therefore the standards for measuring the width of the homestead lot have changed. The homestead lot abuts the outlot along its east boundard as required. Another concern was the driveway and the effect it would have on the drainage in the area. He stated the applicant proposes reducing the height of the drive and adding a retaining wall which will actual improve the drainage situation in the area. Gaffron stated the applicant has provided 40 adequate detail so that staff feels comfortable with the proposal. 14 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 i ZONING FILE #1762 - CONT. It was moved by Johnson, seconded by Rowlette, to recommend approval of Application #1762 for Paul W. Boyke, 793 North Ferndale Road, for preliminary subdivision approval, per staff recommendations. Ayes 5, nays 1. Bellows voted nay as she felt the application is stretching the bounds of futility in the shape of the lots. ( #6) #1768 & #1786 DR. WILLIAM R. & RHONDA T. OMLIE, 1860 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:45 - 10:20 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Dr. William and Rhonda Omlie and Ken Larson, landscape architect, were present. Mabusth explained the OmIies have filed for a conditional use permit required for the expansion of the paving resulting in approximately 2.7% of additional hardcover. The applicants propose retaining walls and landscape areas underlain with geotechnical fabric, increasing the hardcover percentage. She reported the Council approved the side setback variance for expansion of the garage with the condition that hardcover remain at 25.1 %. The revised plan reflects reductions in the deck, patio and paved areas. Dr. Omlie stated they have tried to reduce hardcover on the property, and have now proposed a realistic total of hardcover including landscaped areas. Peterson asked about the need for handicapped accessibility. Dr. Omlie stated they have family members who are disabled and need to access the residence easily. Larson noted the proposal tries to slow down run -off by channeling it though more area before it enters the lake. Dr. Omlie noted other properties in the area have turnarounds. Peterson said the problem is a permit was issued and then the plans were changed mid - stream. Mrs. Omlie reiterated they originally were working with an old survey with incorrect numbers. 15 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 I ZONING FILES #1768/1786 — CONT. Mabusth said when the Building staff accepted the permit, the applicants were alerted to the possible dilemma they may be creating. Mrs. Omlie indicated a major reason for the proposed turnaround is the need for safe access to the County Road. She added, they did not have time to address this issue with the permit application as they had a leaking roof and needed to commence work immediately. Mabusth stated the approved permit does not include the retaining walls around the drive, and the deck. Kelley suggested removal of the existing detached garage in exchange for the additional hardcover. Dr. Omlie felt that was not feasible. Johnson stated removal of that garage would not help the drainage in the area as the land currently slopes away from that garage. He added he respects the time and effort expended on the development of the plans, but felt the hardcover increases were excessive. Rowlette asked about a drive without the retaining walls. Larson noted because of the topography that would be difficult. Rowlette suggested the elimination of the geotechnical fabric and the proposed deck. Mrs. Omlie asked the Commission's concern about this application. She stated the proposal deals with the drainage and filtering issues and is actually improving conditions on the lot. Bellows stated the City has objective criteria established and one is implemented via allowed percentages of hardcover to ensure standards are met. She added the City rarely grants variances to this degree, especially when they are dealing with new construction and have a chance to improve the condition of the property. It was moved by Bellows, seconded by Peterson, to recommend denial of Application #1768 for Dr. William R. and Rhonda T. Omlie, 1860 Shadywood Road, for variances for additional hardcover on the property in excess of the allowed 25 %. Ayes 5, nays 1. Johnson voted nay. 16 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ZONING FILES #1768/1786 - CONT. It was moved by Kelley, seconded by Rowlette, to recommend denial of Application #1786 for Dr. William R. and Rhonda T. Omlie, 1860 Shadywood Road, for a conditional use permit for fill in excess of 100 cubic yards for the driveway construction and retaining walls. Ayes 5, nays 1. Johnson voted nay. ( #8) #1775 ROBERT D. LUESSE, 3249 CASCO CIRCLE - VARIANCES - CONTINUATION OF PUBLIC HEARING 10:25 - 10:45 P.M. Robert Luesse was present. Mabusth explained the applicant has reduced the size of the proposed greenhouse to 6x8', the addition to the front of the house to 16 1/2x15', and the garage has been changed to 22x28' to be attached to the existing accessory structure, which creates an oversized structure and requires more restrictive setbacks. She asked if it would be easier to approve a detached garage. Kelley voiced concern about access for emergency vehicles. Mabusth stated that is why the garage was attached, and added, is it possible to reduce the size of the garage? She added the applicant has reduced the structural coverage on the lot considerably. Luesse asked if it would be more acceptable to detach the garage. Johnson asked about combining the workshop and garage to reduce the size. Luesse stated that would not give him the needed space. He noted an existing development pattern on Casco Circle of garages not meeting the required setback. Mabusth asked what exists in the area of the proposed attached garage. Luesse stated that is where his garden was. Kelley stated he does not have a problem with the proposed garage and greenhouse. Johnson suggested the garage be reduced to 22x24' 40 17 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ZONING FILE #1775 - CONT. It was moved by Bellows, seconded by Kelley, to recommend approval of Application #1775 for Robert D. Luesse, 3249 Casco Circle, for variances to allow a 22x24' attached garage. Ayes 3, nays 3. Rowlette, Johnson and Peterson voted nay. Motion failed. Luesse indicated he would be willing to remove the existing deck on the side of the house in lieu of the addition to the front of the home. The deck is 8 112 x24' or 204 s. f . He added, he would have to retain a small access to the side of the house because of the grade change. It was moved by Schroeder, seconded by Bellows, to recommend approval of Application #1775 for Robert D. Luesse, 3249 Casco Circle, approving variances to construct an attached 22x24' garage and an addition to the front of the house, subject to the removal of the side deck exclusion of a small landing area. The motion does not include approval of the greenhouse addition. Ayes 5, nays 1. Rowlette voted nay. Motion carried. ( #9) #1777 JOHN THIESSE, 3845 BAYSIDE ROAD - VARIANCE - PUBLIC HEARING 10:45 - 11:03 P.M. The Affidavit of Publication and Certificate of Mailing were noted. John Thiesse was present. Mabusth explained the property abuts the riparian outlot for the Bayside plat. A neighbor to the north claims encroachment of entry steps into the outlot, which staff has determined to be incorrect. The proposal reduces 75 -250' hardcover from 50% to 45 %. She reviewed the proposed changes: part of the existing deck on the east side will be enclosed, the remainder of the deck structure will remain open deck area, an intensification of the structure with the addition of a second story and a second story entry addition. She noted a slight encroachment of the average lakeshore setback, but stated it will not impact views of neighbors because of the curved shoreline. Thiesse said he has tried to purchase the property adjacent to his, but it would not help the situation as the property is totally within the 0 -75' zone. He added, because the outlot is unbuiidable, there will be no visual change in the area. Bellows stated she is sympathetic to the situation, but cannot 6 consider doubling the size of a structure on a sub - standard lot. 18 1 i LJ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1992 ZONING FILE #1777 - CONT. Thiesse stated he would rather have a three season porch, and felt there wasn't much difference once the roof is on the structure. It was moved by Rowlette, seconded by Schroeder, to recommend approval of Application #1777 for John Thiesse, 3845 Bays ide Road, for variances to construct additions to his existing residence, subject to the property connecting to sewer when available. Ayes 6, nays 0. ( #10) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. ( #11) STATUS REPORT BY LAKE SUE COMMITTEE REPRESENTATIVES There was no report. ( #12) OTHER ISSUES There were no other issues. ( #13) APPROVAL OF MINUTES It was moved by Rowlette, seconded by Johnson, approve the minutes of the October 19, 1992 Planning Commission meeting. Ayes 6, nays 0. ( #14) REPRESENTATIVE TO THE COUNCIL MEETING Stephen Peterson volunteered to attend the meeting. ADJOURNMENT Chair Kelley adjourned the regular Planni gpCommis 11:10 P.M. Charl ie Kle l le" , 19 eting at it Person