Loading...
HomeMy WebLinkAbout03/15/1993 Planning Commission Minutes0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 P-.� 1 (#12) REPRESENTATIVE TO THE COUNCIL MEETING Schroeder volunteered to attend the meeting April 12, 1993 Council meeting. ADJOURNMENT Chair Bellows adjourned the regular Planning Commission meeting at 9:50 p.m. 9AMWAtws. Maureen Bellows, Chair Person 13 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 1:%141 The Orono Planning Commission met on the above date with the following members present: Acting Planning Commission Chair Maureen Bellows, Charles Schroeder, Stephen Peterson and Ed Cohen. Cohen left the meeting at 9:00 p.m. Candace Rowlette and Jeff Johnson were absent. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, and City Recorder Teri Naab. Council members Edward Callahan, Gabriel Jabbour and J. Diann Goetten were present. Chair Bellows called the meeting to order at 7:00 p.m. ( #1) #1298 PETITION TO VACATE PORTIONS OF FOREST BLVD - CONTINUATION OF PUBLIC HEARING - 7:00 - 7:30 P.M. Richard Johnson and Gordon Nelson were present. Mabusth reported this is an amended vacation request for 7 of the original 10 property owners involved with the application. In 1988 the application was tabled until access to the G. Nelson property and easements to City sewer Iines within a previously vacated road known as Oak Place are resolved. Richard Johnson, 1304 Elmwood Avenue, reviewed that he Initiated the second vacation application upon the request by the City, and paid the initial fee and hired the surveyor to provide the necessary legal descriptions. He felt Mr. Nelson's problem is separate from this issue and should not impede his ability to vacate his portion of the road. Bellows indicated the City is awaiting a legal opinion. Mabusth noted the City is in receipt of that opinion and must now decide the method of acquisition of the necessary access and utility easements, which will happen in the near future. Johnson noted he was told by the City Attorney that the City did not intend to spend a lot of money to resolve the issue. Bellows suggested he address his concerns before the Council. Mabusth suggested Johnson contact the City Administrator. Johnson asked if something should have been done in the past five years to resolve this issue. Bellows concurred with Johnson, but reiterated the Planning Commission could do nothing to resolve the issue. 1 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING FILE #1298 - CONT. It was moved by Cohen, seconded by Peterson, to recommend approval of Application #1298, a petition to vacate portions of Forest Blvd, for seven of the ten properties owners involved with the application, based on the findings presented. Ayes 4, nays 0. ( #2) ZONING AMENDMENT - SECTION 10.41, B -2 LAKESHORE BUSINESS DISTRICT - INFORMATION MEETING 8:25 - 9:05 P.M. Callahan stated the Council was not there to present their views but rather to hear the input from the Commission. He noted the proposed ordinance assumes that current marina uses would be allowed to continue until a requested change in marina or use. He suggested they not consider attaching land use provisions to number of slips allowed. He added the ordinance was not sent to the Commission because of the need to amend, but merely to review and consider amendments. Gaffron reviewed that the City has licensed marinas since the 1960s. In 1985 the City considered the license ineffective and considered approval of a conditional use permit instead, which was not well received by marinas. In the past few years, it has become clear that the City must recognize activities and changes on marina properties. Gaffron reviewed the three types of uses (permitted, conditional, and accessory). He noted that the Comprehensive Plan suggests that B -2 property should not be used solely to sell boats. He stated it Is hoped that over a period of time, the City will have the mechanics to bring existing marinas into better conformance. He reviewed to the references to the LMCD code and that those references may be outdated. Callahan noted it is the Council's intent to remove any reference to the LMCD ordinance from the code. Jabbour noted that the LMCD has admitted they would have difficult enforcing their ordinance on dry stacking. Callahan noted the LMCD does not have control over land use activities. Jabbour asked that his comments not be meant to sway the Commission's recommendation, and explained the LMCD feels they have the right to control the Lakeshore through ramp activities. He felt this to be selective governing. 2 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING AMENDMENT - CONT. Cohen referred to Page 1 where it states a request may be reviewed by the Planning Commission and /or a Special Lake Use Committee. Goetten explained the Lake Use Committee Is an Ad Hoc Committee in place and dealing with lake Issues, including marinas. Cohen felt it to be a double layer of bureaucracy. Jabbour reviewed former Councils wanted the language of the ordinance to be vague and to allow them the ability to make individual decisions. The current Council is attempting to bless the existing conditions and make reasonable, achievable expectations for future use of the properties. Callahan stated in the past it was assumed by Orono that the LMCD would supervise marinas, but that has been found to be untrue. He noted Orono hopes to establish the following: have reasonable control of the business; have reasonable control of the land use In relationship to the business; and give staff the ability to enforce the ordinance. He stated the DNR is likely to remove two of the seven marinas in Orono. He indicated the Lake Use Committee has focussed on the business aspects of the marinas. Gaffron noted again that past licensing policies have proved Ineffective. He said the code lacks provisions to bring these businesses Into greater compliance with performance standards absent a request for a permit, conditional use permit or variance; yet this seems to be what a number of residents hoping for. Bellows explained the Lake Use Committee was directed to review that aspect. She felt the landscaping areas of the code were too stringent. She added the existing marinas do not come close to compliance in their current state. Gaffron noted they basically comply with past agreements and conditions attached to licenses issued by the City. He added none of them meet the required setback or hardcover limits. Bellows felt they should establish an ordinance more closely related to reality. Jabbour noted that a number of improvements to existing marinas were added without approval and after adoption of the current ordinance. He felt it unrealistic for the City to expect the B -2 zone to comply with existing setbacks. He stated in the near future the MPCA and EPA will mandate all marinas to submit a storm water management plan. 3 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING AMENDMENT - CONT. Peterson noted the lack of mention of milfoil in the ordinance, and suggested It be a requirement to provide an area for transients to clean off their boats and trailers. Bellows suggested that the ordinance have a degree of reasonableness. Gaffron indicated that the site - related requirements of the ordinance are normally not enforced or reviewed until a new application is presented, as is the case in virtually all other business and residential zones. Bellows asked that the Commission be presented with a comparison of the existing marinas and how they comply with the current ordinance. Peterson asked that Page 8, Subsection 15 be explained. Gaffron did so, and added many "non- conforming structures" which exist today have been allowed through past variance approval. Debb i e Brenaman, North Shore Dr i ve Mar i na, stated they have a I arge lot and are able to comply with most of what the City requires, but added they are in the process of trying to replace the existing buildings and she hopes that will be possible. She said that the City needs to decide who is to play "God" in these issues, and whether or not Orono is with the LMCD or not. She stressed the need for consistency, and pointed out their license was not issued because of the lack of plantings, which the City had removed in the past and never replaced adequately. Jim Rivers, Windward Marina, felt they need to establish minimum standards, and should not have a code no one can meet. He added Orono has never been happy with the marina operations over the past 20 years. Be I I ows noted i n i is of fort to preserve the I ake as a resource, the City may have overlooked the marinas needs. She felt they need reasonable standards. Callahan agreed that they need a land use ordinance that is related to real life. He noted many of the complaints received in the past 6 months have been addressed. Bellows suggested a work session prior to the public hearing on April 19th to review the ordinance. 4 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING AMENDMENT - CONT. Peterson asked whether it is possible to have minimum standards for existing marinas and different, more stringent standards for new marinas. Jabbour stated the City cannot do that. Brenaman asked that the City tell them the perfect scenario. Jabbour stated he has worked since 1972 on abiding by the perfect standards, which has proved to be a very diluted concept. He noted there is no way additional property would be rezoned to B -2, so they must adopt an ordinance existing B -2 properties can comply with. Gaffron noted that various marinas have tried to comply in good faith, but have found it impossible. Goetten noted the land area of most of the marinas is very limited. a 0 Peterson asked how many existing marinas have pumpout stations, and asked that be addressed in the ordinance. 1 Rivers said residential property owners have stated the marinas down grade their properties, and asked the City to establish standards and enforce those so marinas will not be perceived this way. Brenaman stated the licensing procedure used to be simple and effective and felt they should return to that way. Bellows closed the public information portion of the meeting at 9:15 P.M. Jabbour introduced Don Germanson, former president of the LMLOA. (#3) #1804 MICHAEL REVIER, 2691 ETHEL AVENUE - VARIANCE - PUBLIC HEARING 7:30 - 8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Gil Landsiedel represented the applicant. 5 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING FILE #1804 - CONT. Mabusth explained the applicant seeks an average Lakeshore setback variance to construct a new residence on a property. The former single story residence has been removed. A one -story walkout is proposed. The adjacent property has a platted corridor to the lake, which the code classified as a lakeshore lot with view rights. The former residence was also in front of the average setback. Cohen asked if there would be any change in views of adjacent neighbors. Dave RunkeI, 2684 Casco Point Road, introduced his spokesperson, Dale Runkel. Dale Runkel reviewed that the former residence was set back further on the property, and was only a one story residence of 900 -1,000 s.f., which is approximately one -third the size of what is proposed. He proposed the new residence would obscure the peripheral view of the Runkels. He also indicated the residence would be much higher on the property because of existing elevations. Mabusth noted the former single story residence was constructed at the 956 elevation. She reiterated the applicant proposes a one - story walkout. Cohen asked the purpose of the ordinance. Mabusth stated it is for the protection of lake views. Bellows asked the use of the corner of the Runkel house closest to the property. Dale Runkel stated that area is currently used as garage space, but in the future may be added on to or remodeled. Cohen stated since there is not a window from that corner, no view is impeded. Bellows stated it is the City's intent to maintain existing conditions, not to improve upon future view conditions. Mrs. Runkel noted they have a lakeside deck, and their peripheral view would be impacted with the proposed residence. Dave Runkel presented pictures and a comparable situation on Casco Point Road. 6 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING FILE #1804 - CONT. Bellows noted that the comparable was suggested by Mabusth, who was referring to comparable view situations, not structure sizes. She noted it is not their intent to preserve a 180 degree view for all property owners. Dave Runkel submitted a letter and exhibits. He Indicated because of the allowed height per code and the difference in elevations, the residence could be built at a 40' difference from the RunkeI's. He proposed that the residence could meet the average lakeshore setback and all required setbacks, and noted to approve a variance the Planning Commission must have a unique situation with justified hardships. He questioned the impact of the additional hardcover on the property and the impact on drainage in the area. He stated they may have a problem with dock rights as the property only has 25'- 30' of lakeshore. He added, in the past there has not been a dock for this property. Cohen felt the situation was created by the aberration of the adjacent lot with the platted corridor. Bellows stated the situation exists because of the platted corridor to the lake, which the City would not allow to be platted by today's standards. She reiterated that If the average lakeshore were taken from the Kauffman property Instead this proposal would meet the setback. She added the owner has a hardship created by the lot configuration. She felt Runkel was asking for an impossible situation by asking that future potential views be preserved in case of an addition to the Runkel home, and citing historical uses of the property. Dave Runkel said he made the current owner aware of the unusual situation prior to the property being sold. Mr. Amundson, 2697 Ethel Avenue, presented the Commission with a copy of his torrens property title which states applicant's property shall have the right to use his dock. Lands IedeI explained the owner is also a builder who intends to preserve the natural setting of the property. He noted a dock Is not planned. He proposed that the higher elevations, natural vegetation and growth will screen the house from the Runkel property and felt the views will not be Impacted. He said the applicant is building the house for himself. 6 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING FILE #1804 - CONT. Dick Kauffman, 2696 Ethel Avenue, stated he does not object to the proposed house but is not happy about the split drive, of which one leg goes down toward the lake and very near his property line. He said he was worried that this area would become a parking area for vehicles. Landsiedel said it is the intent to plant trees along that property line to screen the drive. Mabusth noted a 5' setback from the drive must be maintained, which does not allow room for tree plantings. Dave Runkel felt there Is a compromisable house location. Amundson stated he does not object to the proposal. Peterson questioned the ability to remove an existing structure and re- establish a new average setback line for adjacent properties. Mrs. Runkel felt the property is buildable, but at a different location. She noted the vegetation referred to by Mr. Landsiedel Is merely scrub brush and will probably be removed. Cohen said he supports the variance request and felt the purpose of the ordinance is to preserve the views and he felt that was done. Schroeder felt this Irregular as the Amundson property was not considered prior to construction of the Kauffman residence. Mabusth explained the corridor may not have been platted but existed as an easement at that time. She noted in the past 5 years, the City has consistently considered lots with platted corridors to the lake as lakeshore property when computing average setback lines. Cohen said he would feel different if the Runkel house had a room used as living space where the garage is located. He stated the Planning Commission is an advisory board to the Council and could not make a binding decision. Peterson stated he Is opposed and stated the view would be impacted. Dale Runkel suggested the house be located further back on the property. 8 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING FILE #1804 - CONT. Bellows noted a variance would still be required if the residence were proposed on the former house site. Kauffman stated he would prefer to see the house located further back to reduce the impact of the drive. Dale Runkel asked that the application be tabled to allow the neighbors time to meet with the applicant. Landsledel asked that the Commission act on the application and assured them that the applicant would not want to create bad feelings and would make an effort to address the concerns. It was moved by Bellows, seconded by Cohen, to recommend approval of Application #1804 Michael Revier, 2691 Ethel Avenue, for an average lakeshore setback variance to construct a new residence, based on the following hardships: no other variance is necessary, the former residence was located in front of the average setback IIne, the extremely irregular situation of the Amundson lot creates the hardship, the existing use of adjacent properties will not be 40 impacted, and no objection from Amundson. Ayes 3, nays 1. Peterson voted nay. Schroeder encouraged the applicant to consider the concerns of the neighbors addressed at the meeting. ( 05) #1806 JON & SHIRLEY BILLIGMEIER, 2935 FARVIEW LANE - VARIANCE - PUBLIC HEARING 8:10 - 8:25 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Biliigmeler were present. Mr. Billigmeier explained he has not heard of any objections from neighbors. He stated the tennis court Is proposed to be placed in front of the principal structure and 30' from the required street setback. Any other area on the property would encroach mature trees and the alternate septic site. Mabusth noted the elevation of the property drops dramatically further back on the property. Staff recommends either the court be reduced to 110' to assure a 30' street setback Is maintained and a retaining wall be installed to protect the alternate septic site. 16 She suggested septic site. testing be done to find another alternate 9 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 ZONING FILE #1806 - CONT. BIIIIgmeIer stated they would like to have the full -sized court and would like to begin construction as soon as possible. Cohen stated there were too many unknowns and suggested tabling the application. Bellows stated there would be too many contingencies with the application unless the applicant agreed to the reduced court size and the retaining wall. Gaffron stated it would be a month before testing could be done. Billigmeler questioned the need for the retaining wall. Mabusth stated it would deter any filling for slope purposes adjacent to the alternate septic site. Cohen noted the applicant has a better probability of a full -size court If another septic site is located on the property. Leslie Rebstock, 2943 Farview Lane, stated she is in favor of the proposal. She noted another tennis court located adjacent to their property and does not find that an annoyance. All members stated they would recommend approval of the request If another septic site could be located. It was moved by Schroeder, seconded by Peterson, to table Application #1806 for Jon and Shirley Biliigmeier, 2935 Farview Lane, pending additional septic testing information. Ayes 4, nays 0. ( #9) REPORT BY PLANNING COMMISSION REPRESENTATIVE Bellows reported Council approved the L'AIIIer application after much discussion. Callahan explained there was a tendency for the Council to want to eliminate the internal access, but it was pointed out that was needed for handicap accessibility, and the external access was needed for safety reasons. Conditional use permit approval was conditioned upon the parents living in the apartment. Goetten noted she voted against the application as she felt the restrictions were too stringent. 10 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 REPORT - CONT. Bellows reported the School District was granted a conditional use permit for the expansion of the day care facility for uses permitted under the State Statute. She stated the Woodhill application was approved, but their recommendation was modified to Include a parking apron and not requiring the road to be widened after the curve going northward. Jabbour suggested the Planning Commission begin to review the cul- de -sac design standards. Bellows noted that Jabbour has requested staff provide the Council with a status sheet and felt that may be helpful to the Planning Commission also. Goetten asked that the Council liaison provide them with a report similar to that provided by Bellows this evening. She reported they Intend to invite the DNR to their April 7th meeting to discuss the Maxwell Bay access issue. ($10) OTHER ISSUES Bellows reported a Committee of OBA members and citizens has been established to review possible sites for baseball fields. She has requested that a Commission member be appointed to that Committee. Peterson asked if a Park Commission member would also be asked to be on the Committee. Goetten noted the composition of the Committee is up to them, but she has suggested it encompass all within the Orono School District. Peterson noted the in- fighting between the OBA Board and the Little League. Bellows stated regardless of such, she felt they ought to help facilitate a solution as the need will remain. Jabbour noted at the last Council meeting, Council encouraged all parties work together toward a solution. Callahan stated the Park Commission has reviewed the problem and he felt that is as much official Input as is needed. He cautioned the members not to find their position in contrast to that of the Council. He suggested the until the Council requests participation on the Committee, the Planning Commission avoid the Committee meetings. 11 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 15, 1993 OTHER ISSUES - CONT. Bellows asked Goetten's opinion. Goetten said discussion of the Planning Commission representative was not discussed at the last Committee meeting. She suggested if Council went to the meetings, they may be as an observer. Bellows felt as an appointed members to the Planning Commission, they should try to help the City with planning needs, and she felt taking a pro- active status would be better than being reactive. She suggested a joint Council /Planning Commission meeting to discuss the official position. Callahan noted he thought they should wait until a full Planning Commission were in place. Bellows stated she wanted the meeting as soon as possible. Callahan suggested the following Tuesday evening. Jabbour noted in the past he has felt a good working relationship with the Planning Commission. Bellows felt they ought to be seen working together publicly. She said she does not want the opinion that they are only a recommending body to continue as that implies their decisions do not matter. Callahan said that is certainly her point of view. Jabbour suggested they review the ordinance establishing responsibilities of the two groups. Goetten hoped the Planning Commission was aware of their responsibilities, but suggested they may need to be defined or a change in roles. She invited the Planning Commission to the next Council meeting as the Council would be interviewing potential Planning Commission members. Bellows reported the Council has asked the Planning Commission members to submit a position statement or profile on each member providing background for new members of the Council. (#11) APPROVAL OF MINUTES The Commission did not approve the minutes due to a lack of quorum. 12