Loading...
HomeMy WebLinkAbout01/19/1993 Planning Commission MinutesManning Commission 16 CITY OF ORONO PUBLIC ATTENDANCE Council MEETING DATE I 3` PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) r� u i r� MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ROLL The Orono Planning Commission met on the above date with the following members present: Acting Planning Commission Chair Maureen Bellows, Charles Schroeder, Candace Rowlette, Jeff Johnson and Ed Cohen. Stephen Peterson was absent. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, and City Recorder Teri Naab. Edward Callahan, Gabriel Jabbour and JoEllen Hurr were present. Chair Bellows called the meeting to order at 7:00 p.m. ( #1) $1627 SAMUEL A. MCCLOUD, BIG ISLAND RECORD LOT 22 - VARIANCE - CONTINUATION OF PUBLIC HEARING 7:00 - 7:25 P.M. David Anderson was present for the application. Mabusth reviewed the former application for the Planning Commission that involved a lot line rearrangement in March 1991, and an after the -fact variance dealing with decking, retaining walls, and extensive stairways, which were constructed some time after the 1987 storm. She noted 40 s.f. of the deck attached to the existing residence and all decking near the lake are within the 0 -75' zone. Proposed hardcover within the lakeshore has been reduced and retaining walls remain, which the applicant proposes to minimize the 3.2 to 5 visual impact with plantings. The applicant proposes 3.2% hardcover in the 0 -75' zone versus 10.8% existing. Anderson reviewed the types of plantings he proposes for the property. Cohen asked what comprises the 3.2% hardcover proposed. Mabusth explained prior to the 1987 storm, the property had approximately 1% 0 -75' hardcover which comprised a stairway to the lake necessary because of the steep slopes. The 3.2% proposed hardcover Includes the 40 s.f. of deck attached to the dwelling. Chair Bellows expressed concern about allowing the retaining walls to remain, which in essence is the "bones" for the decking, and questioned what is to stop the applicant from rebuilding the deck areas. She asked how the building inspector felt about the plantings versus the railing along the retaining walls. Mabusth stated plantings as such have been approved before in other locations. 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 i ZONING FILE #1627 - CONT. Rowlette felt they should be given the opportunity to review the property prior to making a decision. Cohen stated he would not approve after- the -fact hardcover installed within the 0 -75' zone, and agreed with Rowlette that they should be allowed to inspect the property. Chair Bellows indicated the proposal is based on an engineer's opinion, not a signed recommendation by a licensed engineer. She felt If this were approved they would be allowing a potential for the decks to be rebuilt In the future. She felt the deck attached to the residence Is enormous, and she felt that should be reduced to meet the 75' setback. Anderson stated his client would not object to reducing the size of the attached deck. Chair Bellows suggested tabling the application to allow the applicant time to complete the following: 1) the engineering to be done properly, including modification of the retaining walls; 2) revise the plans so that any flat area remaining is not wider than 3'; 3) deck attached to cabin to be altered so as not to encroach the 0 -75' setback area; and 4) portions of retaining walls needed to support decks to be removed. Johnson asked how much of the retaining wall system was installed to retain the slope versus how much was built to support the decking. He supported the Idea of retaining the slopes that fell In from the storm. Anderson stated he could not answer that question. It was moved by Cohen, seconded by Schroeder, to table Application #1627 for Samuel A. McCloud, Big Island Record Lot 22, to allow the applicant time to revise his proposal and submit any additional required documents. Ayes 5, nays 0. Chair Bellows recommended the applicant resubmit his proposal in time for the Planning Commission to visit the property. 2 1 J a MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 (#2) 41787 ROBERT L. WAADE, 998 WILDHURST TRAIL - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:25 - 7:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. & Mrs. Waade were present. Mabusth explained the applicants propose a conditional use permit to allow a non - rental guest apartment to be installed within their residence currently under construction. She noted access would be v i a a secondary door leading i nto an open area which Is part of the garage. Chair Bellows asked the hardships for the request. Mrs. Waade explained their son has diabetes and has major medical problems with which she and her husband need to help, and by living near him they could do so. This option would provide him with some independence. Mabusth clarified the applicants are not asking for a variance and therefore do not have to prove hardship. Chair Bellows expressed concern that the entrance to the apartment is not via the principal portion of the residence as required by code. Mr. Waade suggested the addition of a wall at the base. of the I and Ing which would in essence make that room a part of the house. Cohen felt that would be reasonable. Chair Bellows felt that would still not meet the Intent of the code. Schroeder explained to the applicants that their intent is to prevent the rental of the unit In future years. Chair Bellows asked if conditional use permit approval could run with the owner /applicant rather than the property. Cohen asked how a subsequent purchaser of the property would have knowledge of such an arrangement. He felt it should be registered in the chain of title. K 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1787 - CONT. It was moved by Cohen, seconded by Johnson, to recommend approval of Application #1787 for Robert L. Waade, 998 Wildhurst Trail, for a conditional use permit to allow a non - rental apartment unit within the principal residence, subject to the applicant redesigning the proposal In accordance with the recommendation, and a resolution be filed in the chain of title noting approval of such is applicable to the current owner only and any subsequent owner must obtain approval from the City prior to use. Ayes 5, nays 0. ( #3) #1789 LIBBIE HOPWOOD, 1205 LAKEVIEW AVENUE - VARIANCES - PUBLIC HEARING 7:45 - 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Britt Goetze, applicant's father, was present for this application. Mabusth explained the original house was destroyed by a fire, and that residence had a street side deck which did receive variance approval. The proposed residence will be replaced In the same envelope as the existing, but the setback variances required are less as the deck will not be replaced. Goetze noted they will be using the existing footings. Mabusth added the proposed residence meets height requirements. It was moved by Johnson, seconded by Rowlette, to recommend approval of Application #1789 for Libbie Hopwood, 1205 Lakeview Avenue, for variances to construct a residence using the existing footings. Ayes 5, nays 0. ( 04) #1790 MINNETONKA CENTER FOR THE ARTS, 2040 NORTH SHORE DRIVE - VARIANCE PUBLIC HEARING 7:52 - 7:55 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Ralph Martinson was present. Mabusth explained the Art Center is requesting the installation of a small directional sign along County Road 15. The applicant has contacted Dave Zetterstrom from Hennepin County, who has approved to a location for the sign. 4 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1790 - CONT. It was moved by Chair Bellows, seconded by Cohen, to recommend approval of Application #1790, Minnetonka Center for the Arts, on the property located at 2040 North Shore Drive, for a variance to Install a directional sign along County Road 15. Ayes 5, nays 0. ( 05) #1791 BLAKE BICHANICH, 332 WESTLAKE STREET - VARIANCES PUBLIC HEARING 7:55 - 8:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Bichanich were present for this application. Weckman explained the applicants own two adjacent parcels, for which they propose a 50 s.f. addition to the south side of the residence and another addition of a basement lower level to the north side of the residence. They are proposing to move the northern structure 10' closer to the lake to enhance the view, and a tower is proposed to join the two structures. The property has been assessed for one sewer unit. The hardship is the narrowness of the lots. Johnson asked the setback from the lake. Bichanich noted the houses are approximately 150' to 200' from the lake. It was moved by Chair Bellows, seconded by Cohen, to recommend approval of Application #1791, Blake Blchanich, 332 Westlake Street, for side lot line variances to construct additions to the existing residences. Ayes 5, nays 0. ( #6) #1792 DON GRONBERG, 110 LEAF STREET - VARIANCES PUBLIC HEARING 8:00 - 8:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Don Gronberg and Mark Gronberg were present. Mabusth briefly reviewed the areas of lots within the neighborhood and two area variances approved since 1975 based on current rural standards. The property now has sewer available. However, the shoreland regulations require the residence to be setback 75' from the edge of the tributary is opposed to the 26' setback previously required. This requirement reduces the building envelope, as well a, as the need to dedicate right -of -way for Leaf Street. 5 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1792 - CONT. Mark Gronberg submitted a letter indicating the acceptance of a 25' right -of -way from the City Engineer and Public Works Director. Mabusth noted they are asked to approve a shoreland setback and area variances. The tributary is considered a protected tributary. She added the average area of developed lots In this neighborhood Is approximately 1+ acres. Don Gronberg reviewed that he purchased the lot in 1958, and at that time the property was dry to the southeastern most stake of the property. He noted the homeowners along the tributary are responsible for the height of that body. He added this is a holding pond for Lake Minnetonka. He indicated his neighbors on either side are considering additions to their homes. Chair Bellows asked if it would be more beneficial to approve a street setback variance. Mark Gronberg explained the run -off comes from up on the hill straight to the creek, and with this proposed plan there Is more of an outpouring towards the street and down to a grassy area and essentially to the creek. He felt this proposal improves the drainage situation In the area. He added, there is thought of widening the road which would place the residence too close to the road. Cici Graham, 95 Leaf Street, expressed her favor of the proposed structure and felt it would be a positive addition to the neighborhood. Cole Graham, 95 Leaf Street, urged the Commission to consider the project, and added the adjacent properties will probably follow suit. He noted a need for the houses in the area to be upgraded. Johnson pointed out that the property was platted prior to the adoption of the current regulations. He also added, the applicant purchased the property 34 years ago w i th the i ntent to bu i I d on the property. He felt they should recognize that fact. Rowlette questioned the fact that the neighbors control the dam. Mabusth clarified that the homeowners' association working with the DNR control the level of the water. Mark Gronberg added any repairs necessary are the responsibility 6 of the homeowners' association. 6 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1792 - CONT. Mabusth questioned Gronberg as to his statements regarding the control of the dam and how that relates to the tributary today and impact on his property. Don Gronberg stated the original creek was in the center of the current creek, and the building envelope would be 75' from that original creek bed, thus a variance would not be necessary. Schroeder agreed there is significant hardship in that he has owned the property since 1958, and the proposed residence will be setback consistent with the neighbors. He added there is an artificiality about the entire creek. It was moved by Rowiette, seconded by Schroeder, to recommend approval of Application #1792, Don Gronberg, 110 Leaf Street, for a lot area variance and shoreland setback to construct a new residence. Ayes 5, nays 0. ( #7) #1793 TIM JOHNSON, 627 NORTH FERNDALE ROAD - CONDITIONAL USE PERMIT /VARIANCE - PUBLIC HEARING 8:20 - 9:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Tim Johnson and Merle Friesen of Otten Brothers were present. Chair Bellows read a letter from Joe Thomas, 629 North Ferndale Road, indicating his approval of the project. Chair Bellows noted that the opinions submitted by the unlicensed landscape architect has no validity. Mabusth reviewed the drainage patterns of the area. She noted a Conservation and Flowage Easement was taken over the wetland area on the Johnson property during the 1981 subdivision of the property. In the fail of 1992, staff discovered work crews dredging up so I t s i n the area to determ I ne I f a pond was fees i b I e. She noted recent paving changes in private road to the north had intensified drainage down the shared lot line area and had endangered an adjacent mound system on property at 629 North Ferndale Road. She Indicated the property is severely limited with regard to septic expansion. She said staff could not recommend approval of any pond north of the drainage easement Iine in order to protect and preserve the alternate septic site. i 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1793 - CONT. Friesen explained the bermed areas around the pond are to be filled from the spoils removed from the pond area. He said they hope to alleviate the flooding problems in the area with this pond. The applicant noted the swaIe was necessary to move the water from the f ront of the house to the rear. He f I t the i nsta I 1 at i on of the pond would enhance the usability of h I s back yard as In the spring it is very wet. He contended that the pond on the Bastian property to the east has never overflowed into his wetland area. He explained that during the spring the drainage through his property to the Daniels' property flows very fast. He felt the installation of the pond would preserve that flowage without causing additional problems. Chair Bellows noted the Conservation and Flowage Easement, which was filed in the chain of title for the property, states very clearly that no trees, shrubs, or vegetation shall be removed, no dirt shall be moved, etc. She suggested the Easement was approved to protect the property from Improvements such as what Is proposed. She indicated the City Engineer feels this Improvement is not necessary to alleviate the drainage problems claimed in application involving flooding of basement areas. Weckman explained the need for an alternate septic site and the restrictions that apply to that site, including the requirement that the site be setback 75' from any body of water. Cliff Otten felt that if the pond were redesigned, the setbacks could be met. Schroeder said the only way they could approve such a proposal would be if the applicant could prove that the improvement would provide for the betterment of the pond. Cohen noted if the drainage pattern were changed, the pond by his house would virtually disappear. He added, Johnson bought the property with these conditions on it, and the easements and requirements were filed In the chain of title. The applicant noted the drainage ditch out I et to the west over time has lost its functionality. He expressed concern for his property value. i 8 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1793 - CONT. Chair Bellows suggested: the applicant become familiar with the alternate septic site requirements, have proper hydrology done, and study the effects of the drainage pattern on other properties. She added, historically It is rare that the Commission would approve the transformation of a natural wetland to a manicured pond. Tim Johnson stated it Is not his Intent to mow the area around the pond. Jeff Johnson stated the applicant needs to study the ramifications of changing the drainage patterns. He questioned the ability to create berms by filling in the wetlands. Mabusth concurred that cannot be done, and noted because of the IImIted area for septic expansion, berms cannot be placed anywhere in the rear of the property. Schroeder suggested the applicant review the following: 1) the effects on the alternate septic site; 2) the effects of an altered drainage pattern; and 31 any Improvement that Is consistent with the wetlands currently In place. Cohen noted Orono is geared to protect the natural habitat and environment. Chair Bellows stated she does not consider a drainage easement a handicap or hardship. It was moved by Cohen, seconded by Chair Bellows, to table Application #1793 for Tim Johnson, 627 North Ferndale Road, to allow the applicant time to revise his proposal. Ayes 5, nays 0. ( #8) #1795 LUANN WALTERS, 3800 WAYZATA BLVD - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:00 9:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. LuAnn Walters and Cliff Otten were present. Mabusth explained there is a need to protect the future drainfleld areas to Insure adequate expansion room should the day care expand. She noted the sprinkler system will require a new well. She referred to the Engineer's recommendations regarding the parking plan, Including the moving of the entrance drive on County Road 6 further to the east. It is suggested the applicant obtain an 40 updated permit from the County. 9 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 ZONING FILE #1795 - CONT. Walters said she has enjoyed working with everyone on staff at the City. It was moved by Cohen, seconded by Johnson, to recommend approval of Application #1795 for LuAnn Walters, 3800 Wayzata Boulevard, for a conditional use permit to allow a day care /school use, subject to conditions #1 through 7 included In the staff memo. Schroeder asked if the septic site will be expansion. Weckman stated additional testing will be neces Walters inquired if she could have two signs on Cohen amended his motion to include approval of exceed 12 s.f. in either sign. Johnson seconded adequate for the sary. the property. two signs, not to that amendment. JoElien Hurr Inquired about the catering aspect. Walters stated It would be limited to those affiliated with the day care, and would be available on a pre -order basis. She noted this would Include either breakfast for the parent on his /her way to work, or dinner for the entire family to be picked up along w i th the child at the end of the day. Schroeder asked about the necessary license for that aspect. Walters said she would need a licensed catering kitchen, which is also necessary for the day care. Cohen inquired if they will be collecting money for such service, or charge to accounts. Walters felt it would be better to use a meal ticket and either bill or have parents pre -pay. Mabusth noted Weckman has reviewed the septic system formulas for such use and does not find a problem. Chair Bellows suggested that staff revoke approval of the catering portion of the conditional use permit if it is felt that it is adding an undue strain on the septic system. Vote: Ayes 5, nays 0. to 10 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 19, 1993 (#9) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. (#10) OTHER ISSUES Chair Bellows congratulated Mayor Ed Callahan on his new position. It was moved by Schroeder, seconded by Cohen, to recognize the splendid job Charlie Kelley did on the Planning Commission. Ayes 5, nays 0. (#11) APPROVAL OF MINUTES It was moved by Rowlette, seconded by Schroeder, approve the minutes of the November 16, 1992 Planning Commission meeting. Ayes 5, nays 0. ( #12) REPRESENTATIVE TO THE COUNCIL MEETING Edward Cohen volunteered to attend the meeting February 8, 1993 Council meeting. ADJOURNMENT Chair Bellows adjourned the regular Planning Commission meeting at 9:20 p.m. Maureen Bellows, Chair Person a, 11