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HomeMy WebLinkAbout08/16/1993 Planning Commission MinutesPlanning Ccr,�mi ssicn L CITY OF ORONO PUBLIC ATTENDANCE Council MEETING DATE 3 9 3 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2 J . 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 20. MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Charles Schroeder, Stephen Peterson, Sandra Smith, and Charles Nolan, Jr. Janice Berg and Candace Rowlette were absent. The following represented the City Staff: Building & Zoning Administrator Jeanne Mabusth, and Recorder Carole Haseman. Mayor Edward Callahan and Councilmembers J. Diann Goetten from 7:15 to 9:10 p.m. and JoEllen Hurr from 9:10 to 10:51 were present. Chair Schroeder called the meeting to order at 7:02 p.m. ( #11) #1853 RICHARD E. AND A. JEAN ENGEBRETSON 1180 TONKAWA ROAD - VARIANCES - PUBLIC HEARING 7:03 - 7:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Engebretson and Dale Mulfinger, their consultant, were present. Mabusth explained that in June the property had been reviewed as a variance application for the current owner, Ron Lauer. The Engebretsons are in the process of buying the property and have presented an application for the removal of the existing structure and propose a replacement residence which would be angled further west partially out of the 0 -75' setback area and approximately 6' in front of the average lakeshore setback and about 57' back from the shoreline. The majority of the structure has been removed out of the 0 -75'. There are hardcover excesses. Engebretson thanked the Planning Commission for reviewing his application early as he has an obligation in the City of Deephaven. Applicant stated this will be their retirement home on Maxwell Bay. Three hardships exist with the lot: lot is short and square in shape, scalloped effect of the shoreline adds to the shortness of the lot, and a hill is located on the property which they want to preserve as a berm between the proposed house and Tonkawa Road. He proposes to tear down the old house and build a two story square design home with a tuck under garage and no deck. The home will be located back from the lake. They plan to remove existing hardcover improvement closer to lake. The proposed plan minimizes every possible square foot of hardcover and lake setback intrusion. The driveway design allows for a turnaround eliminating the need -lo back out onto Tonkawa Road. Smith questioned the need for a three car garage and the possibility of more hardcover reduction. • 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ZONING FILE #1853 - CONT. Engebretson added that the three car tuck under garage serves as the foundation for the proposed structure and is needed to fit in with the value of homes being constructed in the area. Smith inquired about the driveway and turnaround in that area to eliminate hardcover in the circle drive. Mulfinger answered that the design eliminates the view of the tuck under garage thus the primary view is the front door and by not always parking in the garage, the turnaround would not be blocked. Smith asked if the evergreen and other trees would be saved. Engebretson said the majority of trees will stay especially those on the hill which will act as a sound and visual shield from Tonkawa Road. Nolan questioned the reasons for turning the house which creates a 6' encroachment in the average lakeshore setback and an excess of hardcover in the 0 -75' setback area. • Mulfinger explained that the design takes into consideration all the constraints on the property and significant gains were made under this format rather than to deal with trying to be behind the setback lines. The view is better to the northeast. In trying to pull the house back, they did not consider the line as the absolute most important thing and tried to achieve a balance between taking as few trees as possible, saving as much of the hill, creating the cul -de -sac to enable people to leave safely and provide a view. This house shows a porch in lieu of a deck so the aggregate volume of hardcover is inclusive of what others might call a deck. Chair Schroeder felt there was a good compromise with the plan and a gain in the reduction of hardcover within the 0 -75' area. Mabusth stated it would be a 6.2% reduction. Chair Schroeder stated with respect to the three car garage the Planning Commission does not consider the salability but cares about hardcover and appropriateness. The proposed house seems to fit the lot well. It was moved by Peterson, seconded by Schroeder to recommend approval of Application #1853 for Richard E. and A. Jean Engebretson, 1180 Tonkawa Road, for the variance as proposed and accepted the hardships stated by applicants. Vote: Ayes 4, nays 0. 0 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ( #1) #1780 CITY OF ORONO 1000 OLD CRYSTAL BAY ROAD - PRELIMINARY SUBDIVISION PUBLIC HEARING 7:32 TO 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the property is served by a private drive and a 4 1/2 acre residential lot is proposed and a large outlot for future park development. A MWCC lift station has existed there for years. Sewer is available to this property. There is one septic site which could support a four bedroom home with no alternate site. It is recommended that the property be sewered which necessitates the comp plan amendment to be addressed later in the meeting. No change will be made in the driveway status. We are still at one residential unit and even though the property could be subdivided into two residential units, it will not trigger any road upgrade. The upgrade of the road depends upon the actual use for the proposed park. Nolan asked how the park would be accessed. Mabusth responded there will be a 50' corridor to allow access, parking areas for vehicles and an access path. Two beautiful trees will be saved. We will have adequate width access for maintenance vehicles to enter northern parts of property. Chair Schroeder inquired about signage for the park and if the park and lot share a common driveway. Mabusth explained that signage will be developed at the time the park is to be developed. One issue will be who is to provide maintenance. Currently the City provides access to the MWCC facility but now the City no longer has an active use in the property. Smith asked about easements and felt that the trees should not be touched nor the creation of new roads. Mabusth said there is an existing easement that already serves the MWCC lift station area. The City will have to grant an access easement to the residential lot owner as City will retain ownership of outlot. The drainage way will be at a minimum 15' width easement which will be defined within the residential lot. The wetlands at southwest corner will be established and designated on the final plat. Chair Schroeder asked if the future owner intends to subdivide the property into two lots. 0 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ZONING FILE #1780 - CONT. Mabusth answered that there is enough dry buildable land for the property to be subdivided. It is the future owner's intent to apply for a conditional use permit to construct a guest house for his mother leaving it as one lot. A covenant will be filed on the property limiting development to five years. Mayor Callahan explained that the future owner is in the process of negotiating for the lot to be subdivided which the Council is not willing to do. Council has proposed a five year restriction for subdivision to occur. There is not a signed contract between the parties. Chair Schroeder stated that he has no problem with the issues - trees will be preserved, easements will be in order and the matter of park dedication has been addressed It was moved by Schroeder, seconded by Peterson to recommend approval of Application #1780, City of Orono, 1000 Old Crystal Bay Road for a preliminary subdivision subject to conditions 1 -7 as listed in memo dated August 12, 1993. Ayes 4, nays 0. ( 0) #1844 KEN HOPKINS, 65/75 FERNDALE GREEN Ig SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:52 to 7:57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Ken Hopkins was present. Mabusth explained that Fairway Hills Addition was a two lot subdivision derived from land adjacent to the greens of the Wayzata Country Club. It is an oddly configured subdivision which is impacted by Highway 12 at the southwest corner. Major concerns had been raised in developing residential lots close to the highway areas because of noise and visual impact so a berm was proposed along outer edges of road outlot. The property is served with sewer and water. There was no claim to seek credit of the drainage areas or wetland areas and was based on 2 acres dry contiguous land. By the time the property was developed, there was not enough room for berms and driveway at the western end of the outlot. The driveway must be within an outlot so a lot line rearrangement has been proposed involving Lot 2 and the outlot. The engineer had definite recommendations for berm and a curb will be defined along the south side of the berms for drainage purposes. Before ground cover is restored, hay bales and silt fencing will be used to protect the adjacent wetlands. The existing berms will be trimmed down to 3:1 slope. 0 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ZONING FILE #1844 - CONT. Hopkins said that lot line rearrangement will help save a large tree that would otherwise have been in the middle of a driveway. He is in agreement with the engineer's report. It was moved by Nolan, seconded by Smith, to recommend approval of Application #1844 for Ken Hopkins, 65/75 Ferndale Green, subject to five conditions as outlined by the City Engineer and further recommendation regarding the slope, seeding and the use of a fiber blanket. Vote: Ayes 4, nays 0. Hopkins reported there is a dangerous situation in pulling out of Ferndale Green onto Ferndale Road because of low trees hanging onto the road. ( #4) #1847 MICHAEL AND DANA BARRETT AND JAMES AND MOLLY WHEELER, 2912/2918 CASCO POINT ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - PUBLIC HEARING 7:58 TO 8:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Michael Barrett and Mark Greene, an attorney representing Universal Title Insurance, were Present. Mabusth explained that in 1983 the property owners completed a lot rearrangement without the approval of the City which provided for an 8'4" setback to the new division line. The City did not have an opportunity to review it. The City would have asked for a 10' setback from the corner of the residence. The owners are asked to consider the issue at this time. Universal Title Insurance Company has hired Mark Green to complete the lot line rearrangements. Greene stated this is to remedy a discrepancy between the legal descriptions that appear on the Certificates of Title for the properties, tax records and City records. A fence has existed between the properties for some time. The purpose is not to create any new lot but just to change the configurations to coincide at the City and County. The parcel was split off before the City actually approved it. Chair Schroeder suggested 10' problem be corrected. He had spoken to Wheeler who had seemed supportive of altering the line. Greene said Wheeler was rather reticent to granting the additional change. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1847 - CONT. Barrett explained that he has always lived at 2912. His father owned both tracts of land, erected a fence and later discovered the fence at the back edge encroached upon the adjoining lot by at least 15'. In the early '70s, an attorney was hired to correct the legal descriptions by adding the 15' piece of land to Parcel C. Parcel A, where the Wheelers are now living, was first sold in 1976. His father passed away in 1980 and nothing has been done with the fence. It seemed apparent that the City did not require approval back in 1971. He does not have a problem with the either the present proposal or the addition of 1 1/2' to the line. Smith questioned if the two mature oak trees would be affected. Barrett stated that the trees would not be impacted. Chair Schroeder said without Mr. Wheeler present the 10' setback issue cannot be addressed. It was moved by Chair Schroeder, seconded by Peterson, to recommend approval of Application #1847 for Michael and Dana Barrett and James and Molly Wheeler, 2912 and 2918 Casco Point Road, for subdivision of a lot line rearrangement and that Parcel B legally combine with Parcel C so that tax records and the county plat maps can be corrected and grant the setback variance 0 as proposed. Ayes 4, nays 0. ( #5) #1849 ESTATES OF BARBARA B. LUND AND RUSSELL T. LUND, III, 905 TONKAWA ROAD - VACATION OF SEWER EASEMENT - PUBLIC HEARING 8:14 TO 8:17 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Tres Lund was present. Mabusth explained that applicants were fulfilling a condition of preliminary subdivision approval by completing the vacation of a 20' sewer utility easement. The future residence will be served by a sewer line located in the County Road. The existing residence is served by a line at southeast lot line. Smith inquired if the shed had been removed. Lund answered yes. 0 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1849 - CONT. Mabusth added that a staff inspection would be done before final subdivision approval to see if all the conditions had been met. It was moved by Smith, seconded by Nolan, to recommend approval of Application #1849 for the Estates of Barbara B. Lund and Russell T. Lund, III, 905 Tonkawa Road, as proposed and allows for vacation of the sewer easement as indicated. Ayes 4, nays 0. ( #') #1829 DIANE SIEFF, 1080 WELDHURST TRAIL - VARIANCES - CONTINUATION OF PUBLIC HEARING - 8:21 TO 8:50 Diane Sieff and Gerald Sieff, her son, were present. Mabusth. explained the application had been tabled at the July 19th, meeting to provide Mrs. Sieff time to consider additional hardcover removals. An amended application has been received indicating the removal of 84 s.f. from the 0-75'. Sea walls or rip rap remain at 76 s.f. which are not counted as hardcover in the 0 -75 setback area'. Based on policy, there is 0 s.f. of hardcover within the 0 -75' area. In the 75 -250' setback area, the applicant proposes the removal of plastic underliner beneath the rose bed planters in the lakeshore yard and cement pads. The 8'x20' new structure results in 160 s.f. of structural hardcover and applicant proposes removal of nonstructural hardcover at 391.4 s.f. Chair Schroeder asked applicant if additional hardcover could be removed in the driveway area? Mrs. Sieff replied that part of the driveway is shared by her neighbor during bad weather. Chair Schroeder questioned the possibility of driveway reduction in the area closer to the attached garage. Mabusth asked if it could be reduced where the doors meet? Mrs. Sieff did not agree. Chair Schroeder stated the removal of plastic underliner is a good step but is difficult to count as a reduction. Mrs. Sieff asked if nonstructural hardcover is counted against her in the hardcover study, why can't it be counted as a removal? MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ZONING FILE #1829 - CONT. Chair Schroeder said that was a good question but plastic has a way of returning. Mabusth explained that structural hardcover is more permanent. Mrs. Sieff said she understood but that City lists all improvements as credited against hardcover. Nolan questioned removal of the driveway portion past the detached garage. Mrs. Sieff explained in bad weather her neighbor comes down and around in her driveway and up the hill. Nolan said he noticed vegetation across the driveway indicating that nobody ever uses it. Gerald Sieff replied the overgrowth had recently been trimmed. Nolan added that the lower driveway is clearly the safer of the two driveways and asked Mrs. Sieff if she is able to use the other driveway in the winter time. 0 Mrs. Sieff said that she does not attempt it but occasionally comes down it. Nolan suggested a plan to decrease a portion of the driveway thus reducing hardcover by 750- 1,000 s.f. He asked if the concrete pad that provides access to the side of the garage could be eliminated. Mrs. Sieff replied the little ramp is for the lawn tractor and snow blower. Nolan said he noticed an overhead door out the front and inquired if there was a water problem because of the ramp. Mrs. Sieff answered that heavy rains cause water to run down on top of the front and in the garage. Gerald Sieff stated that all hardcover with the exception of the added deck area was constructed before 1975 which was prior to the ordinance being in effect. To keep the added area, their proposal is to give up double hardcover removals with structural hardcover being the shed, plastic and concrete slabs. Schroeder questioned when the expanded deck was built? • 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 9 HELD AUGUST 16, 1993 ZONING FILE #1829 - CONT. Mabusth explained sometime in 1991 existing decks were repaired and the 160 s.f. of deck expansion was completed. Gerald Sieff reiterated that within the 0 -75' zone, which seems to be of most concern, they propose to reduce hardcover to 0% plus the rose beds and the concrete slabs which are over 3 times the area. Chair Schroeder asked if the driveway could be a viable reduction. Gerald Sieff replied there is no way to change the driveway because the neighbor uses it. If we take out the driveway, the neighbor won't get out unless she puts more hardcover in between our two driveways at a lower place. He felt they are being victimized because the deck was put up without his mother's consent or notice by her former husband. Chair Schroeder explained it has nothing to do with personal relationships but is an attempt to reduce hardcover at the margin. We think you have made a good start. The shed is an important removal in the 0 -75' setback and the plastic is something the City supports. Smith suggested if applicants feel strongly about having two driveways, perhaps there are some opportunities to make tradeoffs in terms of the deck or portions of it instead of simply removing plastic. Chair Schroeder stated the excess is considerable in the 75 -250' setback area and we are trying to suggest a few alternatives to remove more. Gerald Sieff felt that the impression he is getting is they have a choice to either remove 160' of deck or over 500' of other hardcover. Mabusth clarified in cases where excesses in hardcover exist on a property, the improvements would have required variance approval for structural repairs to existing decks not just for the expanded deck area. A problem for applicant is that you credit all hardcover the same. Does he want a letter from the neighbor claiming a hardship if they remove that section of driveway? Smith offered suggestions to remove the planters altogether and have the deck stop at that point. Mrs. Sieff asked if you are just talking about removing the timbers. 0 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 9 HELD AUGUST 16, 1993 ZONING FILE #1829 - CONT. Gerald Sieff said that would give an additional 15 s.f. He added that plans had been looked at many times and are reduced as much as possible. He reiterated the problem they have with counting structural hardcover and lack of categorization between blacktop or fabric underliner, gravel driveways or stone walkways. Schroeder noted that was a fair point. Mabusth suggested an ordinance amendment may be needed or an official policy defining structural and nonstructural improvements where excesses of hardcover exist on a property. It was moved by Peterson, seconded by Chair Schroeder, to recommend approval of Application #1829 for Diane E. Sieff, 1080 Wildhurst Trail, for the hardcover variances proposed with the understanding there will be a removals in the 0 -75' of the shed and in the 75 -250' of the concrete pads and plastic. Ayes 2, nays 2. Motion was voted against by Smith and Nolan. Chair Schroeder stated the motion does not carry it and goes to Council as a draw on September 13th. ( #6) #1851 ORONO WOODLANDS, INC /PAUL PHILLIPS, 2100/2140 SIXTH AVENUE NORTH - SUBDIVISION OF A LOT LINE REARRANGEMENT - PUBLIC HEARING 8:52 TO 9:05 The Affidavit of Publication and Certificate of Mailing were noted. Paul Phillips was present. Mabusth explained that Orono Woodlands, Inc. has a failed septic system because it was undersized and trenches were too deep. The alternate site was destroyed during construction. Applicant seeks areas outside of the current boundaries of the property to the southwest which meets the 20' required setback. At this point, there is no alternate site on the property. An equal exchange of land is proposed with this subdivision. The shed located on the new lot line must be relocated. There are no records of permits being issued. Drainage and utility easements must be vacated and new easements dedicated. Because of the complexity of the metes and bounds description, the City is recommending that we proceed with a plat. As there is an emergency need for installation of the septic system, staff recommends that after vacation easements are filed, applicant be allowed to proceed with construction of the septic. 0 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1851 - CONT. Peterson asked how the discharge of the water softener through an independent separate facility would be accomplished. Mabusth stated it would be an outlet to the rear of property. Water softeners create a burden for rural properties. Although the soft water is clean, it does have an impact on a septic system especially one that is under heavy usage. Nolan asked about the relocation of the two buildings as the back drops off significantly. Phillips stated that one is all right and the other one can be pushed back 10' if necessary. The front one which is too close to the line is used for tool storage and will not be on Woodlands property. He will give permission for use on his property. The one further back is okay where it is and has a primary use for storage of the lawn mower. Smith asked why the property line wasn't even when there was an even exchange of property. Phillips explained that he is giving up 6,000 s.f. in the southern corner near County Road 6. It is needed to accommodate a future 2 -acre lot in the front half of his 4 1/2 acre lot. i ' Mabusth stated the recent survey suggests the existing structure is not 30 from the west side lot line. This would be an attempt to bring it into conformity along the west lot line. Smith inquired what precautions can be made to ensure that similar septic problems don't arise in the future. Mabusth said meters are used in rural areas. The site evaluator has also provided procedures to protect and define septic areas where questionable uses exist. Phillips commented he thought he had a secondary site with a good primary septic but instead found it to be poorly designed and constructed and also inspected by the City poorly. The City should have detected that it was undersized. Mabusth replied it would appear that the water use was not anticipated. Phillips said the architect, builder and everybody knew precisely what the home was to be used for. He is not a water expert so was not aware of the problems. 0 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1851 - CONT. It was moved by Peterson, seconded by Smith to recommend approval of Application #1851 for Orono Woodlands, Inc. /Paul Phillips, 2100/2140 Sixth Avenue North for a lot line rearrangement as proposed. Smith added that some of the recommendations by the testing company also be incorporated specifically the recommendation to install low water use toilets. Ayes 4, nays 0. Chair Schroeder called for a recess from 9:00 to 9:07 p.m. ( #8) #1846 ALAN AND LESLEE UPIN 740 TONKAWA ROAD - VARIANCES - PUBLIC HEARING - 9:08 TO 9:36 P.M. Alan Upin and Leslee Upin were present. Mabusth explained applicants propose the removal of a 17'x21' brick patio and replacement with a 12'x19' screen porch requiring a lakeshore setback variance in the 0 -75' setback area. Applicants have been advised of the hardcover excesses. In the 0 -75' setback area there exists 584 s.f. and applicant proposes 394 s.f. which results in a reduction in hardcover of 190 s.f. or 3.3 %. In the 75 -250' setback area hardcover remains at 48 %. Total hardcover on the site exists at 34.6 % and is proposed at 33.4 %. There is an encroachment of the average Lakeshore setback line by the existing structure of 10'. The new structure will be 5' in front of that average lakeshore setback line. The existing concrete or brick patio is 60' from the lakeshore. The screened structure will be located at 65' requiring a 10' or 13.3% setback variance. Upin stated they would be willing to give up the rest of the existing brick patio that extends east and also give up the concrete pad that was originally a dog run adjacent to detached garage in street yard. Chair Schroeder asked for those dimensions. Mabusth figured 15'x6' for brick patio and 5'x7' for the concrete pad. Upin felt it was a little larger than that and does not see any additional area. There are some areas along the side of the house but because of water problems did not suggest it. Mabusth stated that was not shown in the hardcover calculations. ,! 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ZONING FILE #1846 - CONT. Nolan added he saw a steep slope with hosta plants with mulch with fabric underneath the mulch which was not part of the calculations. Upin said that wasn't part of his property and was right -of -way of County Road. Chair Schroeder suggested removals in the driveway and asked if that could help drainage problems? Mrs. Upin said they have tried everything and that is why they recently repaired the driveway because it buckles underneath from all the water. Chair Schroeder asked if there is a way to remove corners by walkway. Mabusth asked about the landscape areas. Mrs. Upin stated there is some in the front but there is no plastic near the house. It was done strictly to prevent additional water damage. • Chair Schroeder stated there are possibly reductions of some additional 200'. Mabusth asked the impact of removing concrete. She said already there is a reduction in the 0- 75' of 3.3% and applicants did not propose any reductions in the 75 -250'. You are asking for additional removals and probably have 250 s.f. of additional removals now. Chair Schroeder said he felt it was a decent effort and because of the lot topography and special drainage concerns there is not a lot more to do. It was moved by Schroeder, seconded by Peterson to approve Application #1846 for Alan and Leslee Upin, 740 Tonkawa Road, for the following variances - average lakeshore setback of 5', lakeshore setback variance at 65' for a 10' variance, hardcover in the 0 -75' reduced by 200 s.f. to 394 s.f., 75 -250' reductions as indicated with a total hardcover somewhere closer to 5,000. Removals need to be completed prior to the beginning of the new construction. Ayes 4, nays 0. 0 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ( #9) #1850 JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCES - PUBLIC HEARING 9:31 TO 9:55 P.M. James Spinner was present. Mabusth explained that applicant proposes a 12'x22' garage stall addition to the existing attached garage. It will be placed over existing hardcover. The impact will be minimal on lakeshore views of adjacent residences. Applicants' contractor did not provide complete hardcover facts. Nolan pointed out a concrete patio about 6 or 8' which runs along the length of the addition which was not shown on the hardcover fact sheet. Spinner answered there would be a water problem in the basement if removed. Mabusth stated that would be about 222 s. f. added to the 75-250'. Chair Schroeder asked if he thought about the pool area or any other areas that can be removed. Spinner said the pool area has crushed rock and a small slab is tilted out against the crushed rock . which is needed for drainage. Mabusth explained if the crushed rock is placed on existing grade, it isn't counted as hardcover. Nolan asked if the sidewalk could be narrowed to be the width of a traditional sidewalk and be kept almost under your overhang. Would you consider removing sidewalk up to the garage. Spinner said he could do that but the problem is the pad at grade. There is some debris on the stairs right now and part of it is crushed rock and when you get back up it becomes level. Nolan inquired if it could be removed without substantial erosion. Spinner said he isn't sure what is under there. Chair Schroeder asked what is supporting that pad now. Spinner answered it is timbers which were present when he bought the house 15 years ago and the asphalt driveway has been there since the house was built approximately 25 years. 0 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD AUGUST 16, 1993 ZONING FILE #1850 - CONT. Mabusth inquired if the contractor mentioned the hardcover issues and the fact that he was asked to come back with a proposal showing needed hardcover removals in the 75 -250' setback. Spinner said he was willing to narrow sidewalk but somewhat concerned about the pad. Hurr suggested an updated survey be done before it goes to Council. Nolan asked if a traditional 2 1/2' or 1 1/2' overhang would be considered. Spinner said he would certainly consider it but wants to consult with his builder. He said all the more reason to leave hardcover for wash purposes. We are talking about approximately 7' of hardcover from the proposed garage to east. Chair Schroeder asked if anything can be done tonight. Mabusth stated she cannot recommend anything without an updated plan as a pad and access stairs had not been added in. Nolan added that applicant's builder should consider the overhang on the proposed new roof which would cut down on structural hardcover and consider removing hardcover to the east of the proposed addition. It was moved by Schroeder, seconded by Smith, to table Application #1850 for James Spinner, 940 North Arm Drive, to allow the applicant time to reconsider additional hardcover removals and provide the City with an updated survey. Ayes 4, nays 0. ( #10) #1852 HOWARD EISINGER 3245 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT - PUBLIC HEARING - 9:55 TO 10:02 P.M. The Affidavit of Public and Certificate of Mailing were noted. Howard Eisinger and Cliff Reep was present. • 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ZONING FILE #1852 - CONT. Mabusth explained that this is a 12 acre former dump site that was closed in the early '70s. The City limited applicant's first permit to 100,000 cubic yards but fill was never received under the first permit. The second application came in for 10,000 cubic yards and the conditional use permit in effect currently is for 20,000 cubic yards. Fill has been received from Stubbs Bay sewer project and also from City of Wayzata and Watershed District for a recent lake improvement project in Wayzata. Mr. Eisinger is represented by Cliff Reep of GL Contracting, Inc. Mabusth asked when the final cubic yardage would be reached? Reep replied he is not sure when they will complete the total 20,000. Mabusth stated that all of the conditions of the original application will be held. Peterson asked if he has always met every prior condition and if there were any problems. Mabusth reported a recent problem a week ago regarding filling of tires but the matter was cleared up. Nolan asked why all the filling. •Eisinger explained that he is bringing it up to a usable piece of property in some ways and fixing the drainage. He said a driving range, storage area or playground are some of the possibilities for use. It was moved by Peterson, seconded by Smith to recommend approval of Application #1852 for Howard Eisinger, 3245 Wayzata Blvd., for the conditional use permit he has requested as long as he continues to meet all of the conditions met in the past and complies with the City requirements. Ayes 4, nays 0. ( #12) #1845 ERNEST LEMMERMAN 1297 WILDHURST TRAIL SKETCH PLAN OF A PROPOSED LOT LINE REARRANGEMENT AND LOT AREA VARIANCE - 10:02 TO 10:21 P.M. Mr. and Mrs. Ernest Lemmerman were present. • 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ZONING FILE #1845 - CONT. Mabusth explained applicant seeks direction concerning approval of a proposed lot line rearrangement and variance for the development of a vacant lot. The access to Mr. Lemmerman's property is on Wildhurst Trail. He has purchased tax forfeited property and has about 33,000 s.f. in area. The proposed lot line rearrangement will reduce the vacant lot to 19,600 s.f. Mr. Lemmerman's homestead lot would be increased to 26,150 s.f. Lemmerman explained that the undeveloped lot has an unusual shape and a steep hill. He has proposed to exchange part of the property with a neighbor and sell part to another but nobody is interested. He has been there for 36 years and has cleaned up that area. It has a nice view of Forest Lake. Chair Schroeder asked if it is a buildable lot. Mabusth answered the lot needs variance approval as it is in a 1 acre zone. It is sewer approved. Nolan asked whether it would be a benefit to realign the lot for better balance. Your wall is only a couple of feet behind your garage. The line could actually be moved further down to . balance. Lemmerman said that would not be a problem and noted the hill being useless. He explained several years ago the residence had burned down on the vacant land. Chair Schroeder stated that the issue here would be a lot area variance. Mabusth explained a lot area variance would be needed if he was to build on this parcel. A lot width variance would not be necessary because he meets 80% of that but he doesn't meet 80% for the required lot areas. Lemmerman stated that he would have no problem dropping the lot line down. Mabusth asked if members look favorably at the current proposal for a lot line rearrangement. It was reviewed favorably in 1985 and the Planning Commission gave a recommendation of positive direction - formal action on a sketch plan is not required and members need only give direction to the applicant. It would also help to determine lot lines by examining a topographic map but we do not have any topo information. • 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD AUGUST 16, 1993 ZONING FILE #1845 - CONT. Peterson stated he had no problem with what Lemmerman is trying to do and it seems to fit into the rest of the neighborhood. It is an unusual piece of property. He would like to take a look at the topography. Lemmerman said he has been working with it since 1986 to make it a workable situation. Mabusth relayed information that she received a phone call from a lady who was an interested buyer. Lemmerman stated he had not been contacted. Peterson said he felt Lemmerman was on the right track and to keep working with her. Schroeder said it makes sense and is consistent with the neighborhood. ( #2) #1848 CITY OF ORONO, 1940 SHORELINE DRIVE - 1000 OLD CRYSTAL BAY ROAD COMPREHENSIVE PLAN AMENDMENT NO. 5 - MUSA BOUNDARY AMENDMENT - PUBLIC HEARING - 10:21 TO 10:32 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained that both properties are outside the MUSA boundary lines. The septic system at 1940 Shoreline Drive has a failing septic system. The applicant seeks approval of a connection to an existing sewer line at the southwest corner. The property is approximately 2 acres in area. The adjacent property owner, Mr. Morse, and the railroad do not have a problem with the amendment as proposed. Peterson commented that we should encourage these hookups to eliminate septic system. Mabusth said they should be encouraged in the shoreland areas and this is a property that is located within a 100'. Callahan said you can't be connected to the sewer unless you get the approval of Metropolitan Council. The other connection involved here is the Melamed property so you are being asked to approve those two MUSA lines. is 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD AUGUST 16, 1993 ZONING FILE #1848 - CONT. Peterson stated that it is in the City's long -term best interest to get people hooked up to sewer if at all possible. Callahan said he is not at all sure if Metropolitan Council feels it is in their best interest. Nolan asked because of the additional capacity they don't feel they have it. Mabusth explained in connection with the Orono sewer property, we are asking for a portion of the property to be included in the MUSA. We have received conceptual approval from the Park Board to take 5 acres of land from Norerenberg Park located in MUSA in exchange for a 4 1/2 acre parcel of City land. Peterson inquired if a trade is necessary? Mabusth explained that is how it is kept as a simple Comp Plan Amendment. They will give us no problem with Mr. Nettles' shoreland property but interior undeveloped rural areas are looked upon differently although we could certainly claim shoreland area as it is on a Natural Environment Lake. We will check on this matter. Peterson asked if the homeowner pays for all costs. Mabusth said the owner pays approximately $17,000 for sewer connection to City and a hookup fee to create new stub. Peterson asked if the park status would change in the future and may want to be tied into MUSA. Hurr commented it is stipulated to not even have walking paths. Mabusth noted the area is a peninsula and based on setbacks would not be buildable. It was moved by Smith, seconded by Schroeder, to recommend approval of Application #1848 City of Orono, 1940 Shoreline Drive - 1000 Old Crystal Bay Road, Comprehensive Plan Amendment No. 5 with the stipulation that they are going to look into possibly not having an exchange of property if Environmental Lake area could be considered. Ayes 4, nays 0. • 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING • HELD AUGUST 16, 1993 ( #13) REPORT BY PLANNING COMMISSION REPRESENTATIVE Smith reported the application for Jim Taylor at 1343 Rest Point Circle, was approved but Mayor Callahan made the point that if physical disability is to be considered as a hardship, there needs to be a better understanding of hardships. The Cornelius application was approved subject to amendments with the amended resolution to be brought back to Council for the August 23rd meeting. The application for Tom Brown at 760 South Brown Road was approved. They did want an extra 15 s.f. Mabusth explained the major change by Council was to allow the concrete pad to stay and be able to be repaired as the lot had safety concerns and limitations on play areas for children. Smith reported that Hurr felt the Planning Commission might be inconsistent with requests that impact the 0 -75' setback area. ( #14) OTHER ISSUES Chair Schroeder stated that Smith developed a survey for hand out purposes to applicants. He has read and approved it. • Smith su gg ested that all applicants receive copies of the green Community Development Philosophy flyer. Chair Schroeder notified everyone that a meeting to discuss flag lots was scheduled for Wednesday at 6:30 p.m. Callahan added the meeting would help the Planning Commission understand Council's views about B -2 ordinances regarding marinas and flag lots. Schroeder stated that the storm water management and floodplain issues has been rescheduled to an unspecified date. ( #15) APPROVAL OF MINUTES It was moved by Callahan, seconded by Peterson, to approve the minutes of the July 19, 1993 Planning Commission meeting. Ayes 4, nays 0. 0 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING 0 HELD AUGUST 16, 1993 ( #16) REPRESENTATIVE TO THE COUNCIL MEETING Nolan volunteered to attend the meeting September 13, 1993 Council meeting. Peterson reminded everyone of the upcoming public hearing August 30, 1993 meeting regarding County Road 15. ADJOURNMENT Chair Schroeder adjourned the regular Planning Commission meeting at 10:51 p.m. Charles Schroeder, Chair Person • 0 21