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HomeMy WebLinkAbout07/19/1993 Planning Commission Minutes0 ., t MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Charles Schroeder, Stephen Peterson, Candace Rowlette, Sandra Smith, and Janice Berg. Dale Lindquist arrived at 7:34 p.m. Charles Nolan, Jr. was absent. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, and Recorder Teri Naab. Edward Callahan and J. Diann Goetten were present. Chair Schroeder called the meeting to order at 7:00 p.m. ( #1) #1829 DIANE SIEFF, 1080 WILDHURST TRAIL - VARIANCES - PUBLIC HEARING 7:00 - 7:22 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Diane Sieff was present. Mabusth explained the applicant requests approval of an after -the- fact hardcover variance for the repair of an existing deck, and an expansion to the deck at the northeast corner from 6x20' to 14x20' . All improvements meet required setbacks. The applicant proposes the removal of an existing shed located in the 0 -75' setback zone, reducing hardcover from 2.3% to 0 %, and 68 s.f. of concrete slab in the 75 -250' zone. There is a 92 s.f. increase of hardcover in the 75 -250' zone. Smith questioned if the removal of the concrete pad near the detached garage, the walkway around the attached garage, and the rock by the northern drive would be possible. Sieff explained the rock was just left over and dumped directly on the grass but serves no purpose. The walk is used for the service door from the garage and also is needed to reduce erosion problems. Peterson inquired about the history of the property. Mabusth explained a variance application was approved in 1979 for the detached garage. All improvements proposed with this application were completed in 1991. Rowlette asked if both drives were necessary. She felt the southern drive was difficult to exit the property from because of the lip on the road. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ZONING FILE #1829 - CONT. Sieff stated during the winter, the southern drive is the only access from the property. Also the neighboring property uses it for access. The lip on the road was installed by the City to help direct drainage. She offered to remove the plastic under the flower beds on the lakeside of the residence. Rowlette felt two driveways were not necessary and asked the applicant to consider more aggressive removals of hardcover. She pointed out existing 75 -250' hardcover is 39.5% and proposed is 39.9 %. Schroeder noted the City issued a Stop Work Order in February for this project. Mabusth advised a "Stop Work Order" was never issued as decks were already repaired The Inspectors observed the new construction when visiting a neighboring property. Letters were sent to the applicant advising of the need for a building permit. Sieff stated she was notified of the need for a permit after the construction was finished. Peterson inquired about the square footage of the walkway. Mabusth said it is approximately 31x 25'. Sieff asked that the application be tabled to allow her time to review possible hardcover removals. It was moved by Smith, seconded by Rowlette, to table Application #1829 for Diane Sieff, 1080 Wildhurst Trail, to allow the applicant time to reconsider additional hardcover removals and submit her best efforts to the City. Ayes 5, nays 0. ( #2) #1840 JIM TAYLOR, 1342 REST POINT CIRCLE - VARIANCE - PUBLIC HEARING 7:22 - 7:41 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Taylor were present. • Mabusth explained the applicant proposes the installation of a connecting walkway to an existing deck, requiring a 3' setback variance. Hardcover is currently at 51.8% and proposed at 52.6% in the 75 -250' zone. She questioned whether the walk is proposed over natural ground cover or non - hardcovered surface. 2 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ZONING FILE #1840 - CONT. Lindquist arrived at this time. Taylor stated the last 8 to 9' near the house will be located under an existing eave, which will cover that portion of the entire walk. He explained his need for the walk for access to the house opposed to using the steps. Mabusth noted the eaves had not been included in hardcover calculations so the walkway would be included as new hardcover. Schroeder noted Mrs. Taylor had indicated the potential exists to remove a portion of the brick patio and the concrete slab. Taylor stated he would prefer not to have to do so immediately, but it is his intent to reduce the brick patio to install draintile and would be willing to remove the slab. Mabusth stated the walkway is necessary to provide a safer access to the residence. Peterson asked about comments from the neighbors. Mabusth stated there were no comments. Smith asked if there was a chance to improve the appearance of the rock drive. Taylor said it is his intent to do so. Smith questioned the existence of the porch near the lakeshore. Mabusth explained the City approved the improvement of this structure in 1990 with the condition that it could not be converted to living space and plumbing could not be provided. Rowlette suggested staff brief the applicant on the conditions related to this structure on the property. It was moved by Schroeder, seconded by Berg, to recommend approval of Application #1840 for Jim Taylor, 1342 Rest Point Circle, for a side setback variance to allow the installation of a walkway to the • existing deck, conditioned upon the removal of 50% or more of the brick patio by August 31, 1993 and removal of the concrete slab by September 30, 1993. Ayes 6, nays 0. 3 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ( #3) #1841 WILLIAM & LORI CORNELIUS, 960 TONKAWA ROAD - VARIANCES - PUBLIC HEARING 7:41 - 8 :39 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Cornelius, Steve Longman, applicants' builder, and David Riddler, former owner, were present. Mabusth noted the City approved an average lakeshore setback for a new residence and a pool at the end of 1992. At that time the survey indicated a loop drive located out of the 0 -75' zone. However, a portion of the drive is located within the 0 -75' setback area at 1,200 s.f. hardcover. The applicants advised that portion of the drive had existed on the property for years. The applicants claim to relocate the drive on the property would mean the loss of mature trees. The applicants propose the drainage to run away from the lake draining to the west and eventually to the marsh. • Longman explained the surveyor originally located the drive on the survey but later realized it was within the 0 -75' zone and changed the location without notification to the builder or owner. He reiterated the loss of 6 to 8 mature hardwood trees if the drive were to be relocated. He pointed out they are not adding additional hardcover in the 0 -75' zone, but merely using the existing hardcover for the drive. Peterson stated he does not have a problem with the drive, but does have a problem with the 12" culvert coming from the neighboring property to the south across the Cornelius property and dumping into the lake. He asked if there were a way to filter the groundwater. Longman stated they intend to extend the culvert under the drive and direct drainage to the natural swale /marsh area to the northwest of the drive. Mabusth asked about a retention area to the south of the drive. Longman stated that was not their intent, and the natural drainage pattern flows to the marsh area. He stated the culvert has been in place since approximately 1920. He added the Lauer property does not appear to be adding to the run -off. He stated it is their goal to grade the property so there is not water standing on the south • side of the drive, but they are open to suggestions. Cornelius stated there has not been water flowing out of the culvert during this wet season. 4 1� J MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ZONING FILE #1841 - CONT. Riddler stated he never had a problem in this area in the past and the same sized culvert has been there for many years. Smith stated in an effort to reduce hardcover in the 0 -75' zone she would like them to consider relocating the drive through an existing opening in the wooded area thereby reducing tree removal. Longman stated this is not feasible because of the following: the curve would be too narrow to maneuver, they would lose mature trees, and the slope would be in excess of what the code allows. Mrs. Cornelius reminded them that they could have subdivided the property and then there would be even more hardcover than presently. Rowlette stated she has a difficult time approving this when the previous two applicants were asked to remove all hardcover in the 0 -75' zone. She stated she would never have voted in favor of the original application knowing the location of the proposed drive. She remembered visiting the property during that application process and stated she did not see the existing drive in the 0 -75' zone. Riddler stated the drive had been there for many years. Rowlette asked if it was located on the survey. Mabusth stated the survey did not locate that portion of the drive as it was intended to be removed with the total redevelopment of the property. Longman noted Bruce Vang, the City Inspector, did locate the existing drive on aerial photos. Schroeder called for a recess from 8:05 to 8:15 p.m. Mabusth pointed out the aerial photos indicate two driveways from the property. The property owner indicated he used the loop portion of the drive for maintenance of the property near the lake, but the portion connecting the loop and the exit to the road was never used and became overgrown. Schroeder clarified that there never was a loop connection between the two drives as currently proposed. Riddler concurred. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ZONING FILE #1841 - CONT. Longman stated with the proposed drive, the connection is there. He reiterated the hardcover in this zone is existing hardcover. He stated it has impacted the lake in the past the same as it will in the future. Rowlette stated it is their duty to improve run -off to the lake. She felt they needed more information on the drainage issue. Mr. Cornelius stated there is very little run -off presently, and it will all drain to the marsh area on the property. He pointed out the loss of mature trees will only negatively impact the run -off situation. He submitted letters of support from neighboring property owners. Schroeder read the letters from James Gilbert and Graydon McCulley. • It was moved by Peterson, seconded by Lindquist, to recommend approval of Application #1841 for William and Lori Cornelius, 960 Tonkawa Road, for hardcover and setback variances to construct a portion of the drive in the 0 -75' zone, subject to the City Engineer approving the drainage plan with the extended culvert and analysis of the landscape plan around the front of the house and no expansion of the existing drive in this area. Rowlette stated she is disappointed with the after - the -fact request and reiterated she would never have voted in favor of the original application had she known this, but would vote in favor at this time to preserve the trees. Smith stated she is disappointed that the applicants are not willing to consider alternatives. Mr. Cornelius stated they did review all the options. Vote: Ayes 6, nays 0. ( #4) #1842 TOM BROWNE, 760 BROWN ROAD SOUTH - VARIANCES - PUBLIC HEARING 8:39 TO 9:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. • Mr. and Mrs. Browne were present. 0 • i 1 U MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ZONING FILE #1842 - CONT. Mabusth explained since the adoption of the shoreland regulations, the wetland area has been reclassified as a recreational development lake and structures must meet a 100' setback. She reviewed the impact of the regulations on the building envelope for this property. The applicant proposes enclosing an upper level deck, a screen porch on an existing deck with an addition to one corner, and an additional connecting deck area to the south with the installation of a pool and deck area. Mabusth pointed out they are allowed to have non - structural hardcover in the 75-100' zone. The DNR' s structure setback for this area is 100'. The DNR has expressed concern about the additions of structure toward the lake and recommends the following: no new construction extending lakeward, the removal of the basketball court, and that applicant maintains the existing natural vegetation on the lakeshore bank. Mr. Browne stated their primary concern is the protection of their septic system and the marsh area. Smith stated she does not have a problem with the screened portion to the existing deck, but does not agree with the addition of the pool and would like the basketball court to be removed. Mr. Browne stated the court is used by their children to ride bikes on as their drive slopes to the busy County road. He asked if they are suggesting he remove the court in exchange for the pool? He felt there would not be enough area on the property for the pool if it had to be located outside the 100' setback. Rowlette stated she would like to see a condition that the court would not be replaced in the future if repairs were necessary. It was moved by Rowlette, seconded by Smith, to recommend approval of Application #1842 for Tom Browne, 760 Brown Road South, for variances to enclose the upper level deck, and screen porch on the lower deck extending no closer to Tanager Lake, and the expansion of the lower deck as shown; and denial of the request for a pool and deck addition subject to the condition that the concrete slab may not be repaired and must be removed in the future when major repairs are deemed necessary. Ayes 6, nays 0. W • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ( #5) #1843 ROBERT & JOAN SUESS, 2590 WATERTOWN ROAD - SKETCH PLAN /SUBDIVISION Mr. Suess, Mark Gronberg and Earl Fischer were present. Mabusth explained this is a 8 lot subdivision, of which Lots 5 and 6 do not meet the required lot width. Staff recommends extension of the road to the western boundary of the property to provide for a future connection to Goldenview Drive, with the development of a temporary cul -de -sac in the interim. Drainage on this property is a major issue. Currently major portions of the property drains to the northeast and through the Hackberry Hill neighborhood. During the review of the previous 3 lot subdivision, the applicant proposed a retention pond to the north. In the current review, the Engineer has suggested directing drainage to the south to Watertown Road, which does not have drainage ditches to carry the run -off. • Gronberg noted because of the neighbors' concerns to the east, the existing tree buffer was left and the drainage swale was moved further to the west creating a larger than average drainage easement. He questioned if this area would be deducted from the dry buildable on those lots and felt that would be a hardship. He questioned the purpose of the connection of the road to Goldenview Drive. Mabusth replied this would be a part of the network of roadways. The City is trying to connect the interior roads in the City. Lindquist questioned where the pond on Lot 8 will drain. Suess stated it currently drains to the northeast. He added if the road were required to be extended, it would destroy one of his lots and one of the possible lots on the Hallson property. He noted Mr. Hallson has already paid for a road, Goldenview Drive, and did not feel he would like to pay for another. Mabusth noted that access can still be from Goldenview Drive, but that access corridor to be platted at the time of a future subdivision would only be developed at the time the City found a need to develop through roads. . Peterson asked about the septic sites. Mabusth noted two lots have been tested satisfactorily, and they do not anticipate any problems with the remainder of the lots. E:3 • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ZONING FILE #1843 - CONT. Suess pointed out his homestead has existed on this property since the late 1800s. He said the drainage issue should have been corrected with the development of the Hackberry neighborhood and he felt he should not be solely responsible for the correction of the drainage problem. Mabusth stated perhaps there is an opportunity to work with the neighbors to the east to create a joint drainage easement. Lindquist questioned the need for the road. Mabusth explained that the interior roads are all private roads until connected, at which point the City will take over maintenance. Lindquist asked if lots have been platted on the Hallson property to see where the boundaries could go. Mabusth noted the northern Hallson lot at 4+ acres has not been platted as yet. Fischer stated the residents want the private road to deter public traffic. Rowlette stated the access may be very valuable should Highway 12 be relocated to the southern corridor. She suggested staff confirm the ability of Hallson to divide his property if the road were to be located across his property. Mabusth stated they will be requiring drainage information with the filing of the preliminary plat to determine the impact on the dry buildable area. She noted the new development cannot send drainage at a greater velocity to property to the east than property emits at undeveloped conditions. She felt the Hallson property could be subdivided into two parcels even with all or part of a future road extension. Peterson felt they should allow the cul -de -sac and not require the extension of the road. Mabusth stated even if the Hallson property were divided, the road • would not necessarily be constructed as the property is served by Goldenview. No action was taken. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ( #6) REPORT BY PLANNING COMMISSION REPRESENTATIVE Peterson reported Councilmember Kelley cautioned the Planning Commission in accepting the removal of non - structural hardcover for structural hardcover. Mayor Callahan stated that advise was for both the Planning Commission and Council. Peterson reported on Council action on zoning applications presented to them at their last meeting. Smith asked if it is their job to thoroughly review the applications and do an in -depth review prior to passing the application on to Council. Mayor Callahan stated that is correct. • Councilmember Goetten felt the Planning Commission could be stricter, and added sometimes new information is presented to the Council that the Planning Commission did not have an opportunity to review. ( #7) OTHER ISSUES Peterson reported he has been asked to serve on a County Road 15 Improvement Committee to review the possible upgrade of the road. The next meeting is scheduled for August 5th, 7:30. Smith reported the next Highway 12 Policy meeting is scheduled for July 21st at 5:30 p.m. She asked when the Commission would begin reviewing other issues. She suggested they consider a survey of applicants to determine if there are ways to improve service. Mabusth suggested staff develop a survey and present it to the Commission for review. Schroeder nominated Smith to be the representative on Highway 12 issues and Peterson the representative on County Road 15 issues. ( #8) APPROVAL OF MINUTES It was moved by Lindquist, seconded by Peterson, to approve the • minutes of the June 21, 1993 Planning Commission meeting. Ayes 6, nays 0. 10 • 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 19, 1993 ( #9) REPRESENTATIVE TO THE COUNCIL MEETING Peterson and Smith volunteered to attend the meeting August 9, 1993 Council meeting. ADJOURNMENT Chair Schroeder adjourned the regular Planning Commission meeting at 10:10 p.m. t CT,iffrles Schroeder, Chair Person 11