HomeMy WebLinkAbout08/15/2005 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair David Rahn, Commissioners Roland Jurgens, Jim Leslie, Cynthia Bremer, J.Marc Fritzler,Ralph
Kempf; and Alternate Janice Berg. Representing Staff were Planning Director Mike Gaffron,Planners
Melanie Curtis and Janice Gundlach, and Recorder Jackie Young. Mayor Barbara Peterson was present.
Chair Rahn called the meeting to order at 6:00 p.m.
CONSENT AGENDA
1. #05-3144 BERKSHIRE PROPERTIES,2745 KELLEY PARKWAY,PUD/COMMERCIAL
SITE PLAN RENEWAL,6:00 P.M.—6:01 P.M.
Fritzler moved,Kempf seconded,to place Item No.5 on the Consent Agenda.
Gundlach noted there was no clear recommendation by Staff on the covered entry in that application.
Fritzler withdrew his motion.
Rahn moved,Fritzler seconded,to recommend approval of Application#05-3144,Berkshire
Properties,2745 Kelley Parkway,granting of a one-year PUD/Commercial Site Plan Renewal.
There were no public comments regarding this application.
VOTE: Ayes 7,Nays 0.
OLD BUSINESS
2. #04-3039 CITY OF ORONO,PROPOSED ORDINANCE AMENDMENT: WETLAND
PROTECTION,6:03 P.M.—6:41 P.M.
Gaffron addressed the Planning Commission regarding the proposed ordinance amendment for wetland
protection. The proposed ordinance amendment involves Sections 78-1601 through 78-1614 and a
number of ancillary code revisions. Gaffron noted a letter was received today from the Minnehaha Creek
Watershed District generally in support of the proposed ordinance amendment as well as a letter from the
Winston Law Office concerning Application 05-3095, which is impacted by the ordinance amendment.
Gaffron stated the ordinance incorporates new,more comprehensive definitions of"wetlands"based on
Circular 39 types (Types 1 through 8). This section replaces the prior definitions that merely identified
wetlands as `lowlands' covered with shallow and sometime temporary or intermittent waters, and also
identifiable by wetlands vegetation and soil types.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#04-3039 City of Orono,Proposed Ordinance Amendment,Continued)
The ordinance establishes that all Type 1 through 8 wetlands in the City are subject to the ordinance
provisions, and it references a new City Wetland Map based on the MCWD's wetland inventory. The
City's 1974 Wetland Inventory is no longer the basis for whether a wetland is subject to City wetland
ordinances. The past distinction between"City of Orono protected wetlands"(those on our 1974 map)
and"non-City protected wetlands"(those areas that are wetlands delineated under WCA delineation rules
but were never on Orono's map nor protected by Orono)will no longer exist. The ordinance establishes
methods for resolving the location of wetland boundaries if they are disputed. The ordinance also
provides a procedure for removing a wetland from the Wetlands Overlay District or amending its
boundaries.
In addition,the ordinance does not take the place of Wetland Conservation Act regulations but is in
addition to them. The WCA rules primarily deal with work within a wetland; for example,WCA does
not require wetland buffers. The primary focus of the new ordinance is to protect wetlands by
establishing what activities or improvements the City will allow both within and near wetlands. While
the proposed ordinance is intended to be consistent with WCA and MCWD rules,the City is not at this
time becoming the Local Government Unit for administering the WCA rules in Orono; although Staff
anticipates the City reacquiring that responsibility in the future. For the time being the Minnehaha Creek
Watershed District has that responsibility.
Gaffron stated the ordinance establishes that wetland buffers must be created whenever a wetland is being
altered,replaced or restored,whenever new development occurs; and whenever redevelopment,
construction or land alteration activity occurs that has the potential to adversely impact a wetland.
The ordinance also establishes standards for the creation and maintenance of the required buffers.
Required buffer widths,ranging from 15 feet to 50 feet, will be determined on the basis of the function,
values, and susceptibility of individual wetlands,rather than merely on the size of the wetland.
Gaffron indicated the ordinance establishes a listing of permitted and conditional uses allowable within
wetlands and wetland buffers; establishes standards for protection of wetlands and buffer areas;
establishes required setbacks from buffers(20'); and addresses the conformity/nonconformity status of
pre-existing conditions that make buffer establishment difficult or impossible.
The ordinance establishes a permit approval procedure and minimum standards for alteration of wetlands.
In addition,the ordinance establishes a requirement for dedication of wetland and buffer easements,and
for marking of wetland buffers for certain types of development. The ordinance establishes violations as
a misdemeanor and lays out procedures for preventing or remedying violations.
Gaffron noted the Minnehaha Creek Watershed District submitted a letter to the City regarding the
ordinance amendment. Gaffron stated the MCWD is recommending that common sets of baseline
information be utilized, such as the MCWD Functional Assessment of Wetlands, as a tool for identifying
geographic location, approximate size, function and value,and management classification. The MCWD
is recommending that the City be consistent with the classifications indicated in the FAW. Gaffron noted
the MCWD currently calls for a wetland buffer of 16.5 feet where the City calls for a wetland buffer of
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#04-3039 City of Orono,Proposed Ordinance Amendment,Continued)
15-feet in width. Because a permit application is subject to both City of Orono and MCWD requirements,
the minimum 16.5-foot buffer will be enforced regardless of whether it is required by the City. Gaffron
recommended that as a matter of efficiency, it is advantageous to minimize the discrepancies between the
City of Orono and MCWD requirements.
Gaffron noted the MCWD also requires the recording of a"Declaration"with the Hennepin County
Recorder to memorialize the obligations of a property owner towards a wetland buffer. As a matter of
efficiency,it may be advantageous to obligate a permit applicant to record one document that identifies
both the concerns of the City of Orono and MCWD.
Gaffron stated tonight's meeting is being held to allow for public comment on the revisions,identify any
issues that need further consideration, determine whether any revisions should be made to the draft
ordinance, and make a recommendation to Council regarding adoption of the ordinance. Gaffron noted
the City's moratorium prohibiting wetland alterations and prohibiting the granting of building or land
alteration permits or permit approvals is set to expire on August 23, 2005. Gaffron indicated he would be
asking the Council to adopt an interim ordinance in the event that the Planning Commission does not have
a recommendation concerning the ordinance amendment which would establish standards previously
adopted by the City.
Leslie inquired whether the MCWD feels that the utilizing of common sets of baseline information is a
best practices concern or whether it is the MCWD's recommendation that this be embedded in the
ordinance.
Gaffron stated it is his impression that the MCWD is recommending that the City adopt the MCWD
Functional Assessment of Wetlands,which is a tool that is advocated by the MCWD to identify
geographic location, approximate size, function and value, and management classification. Gaffron stated
wetland classes identified by the City should be consistent with the classifications indicated in the
Functional Assessment of Wetlands.
Leslie inquired whether there are any counter examples where the 16.5-foot buffer would not be enforced
and the City's proposed 15-foot buffer would be enforced.
Gaffron stated the MCWD's regulations would be enforced in all situations and recommended that the
City's buffers be made consistent with the MCWD.
Bremer inquired whether a restore protection classification would also be included in the City's proposed
ordinance.
Gaffron stated he does plan to speak with the MCWD regarding that item in the near future. Gaffron
stated in his opinion that language could be added in the future to the ordinance amendment.
Bremer concurred that the City should be consistent with MCWD's buffer zones.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#04-3039 City of Orono,Proposed Ordinance Amendment, Continued)
Rahn opened the public hearing.
John Winston, 1555 Wehr Lane North, stated he is appearing tonight on behalf of the Steinhafels.
Winston noted that an application filed by the Steinhafels for a conditional use permit was tabled pending
the City's adoption of a wetlands protection ordinance.
Winston stated under the interpretation of the draft ordinance,a four-foot dock would be a permitted use
and a wider dock would be considered a conditional use. Winston stated he has a concern that a dock
greater than four feet would not be allowed as a conditional use. Winston noted the Steinhafels are
requesting a six-foot dock.
Winston stated the matter could be addressed by revising Section 78-1607,and suggested that the
four-foot width limitation not be imposed arbitrarily on every property in Orono and that different widths
could be stated for different sized properties as a permitted use. Alternatively, while a four-foot wide
limitation could be stated as the optimum in Section 78-1606 as a permitted use, discretion should be
granted to the City under Section 78-1607 to grant wider dock/walkway widths,when circumstances
merit,the same as a conditional use.
Winston requested the Planning Commission consider an amendment to the draft ordinance to,one, allow
greater widths for larger properties on a permitted use basis or,two,to allow greater widths for any
property on a conditional use basis.
Steve Bohl,Bohland Development, stated the current preliminary plat application process requires that
you go through the watershed district since they are the LGU. Bohl expressed a concern that the need to
go through the MCWD is an inefficient and costly process, and recommended that the City's standards be
made consistent with the MCWD's to avoid the need to appear before the City on multiple occasions.
Rahn noted the City is attempting to be consistent with the MCWD's requirements as much as possible.
Rahn indicated a discussion was held regarding the Steinhafel application and noted that the dock width
issue is a DNR requirement. Rahn stated in his opinion the City should be consistent with the dock width
that is allowed by the DNR. Rahn commented that docks have been proven to be a habitat for wildlife
and that he personally would like to see some consistency on the dock widths.
There were no further public comments regarding this application.
Bremer requested the dock width issue be addressed.
Gaffron stated a distinction may need to be made between docks that are located on Lake Minnetonka,
which are dealt with by the LMCD, and those docks that are constructed through wetlands. Gaffron
indicated he has not spoken with the LMCD regarding dock width. Gaffron stated if a dock width greater
than four feet is allowed, language could be included under 78-1607 a(1)that docks through wetlands
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#04-3039 City of Orono,Proposed Ordinance Amendment,Continued)
greater than four feet in width could be allowed with a conditional use permit. Gaffron stated a basis for
the wider dock could be presented to the City and approval made on a case-by-case basis.
Jurgens inquired whether there is any way possible that someone could request a dock that is wider than
four-feet wide if the language is not changed.
Gaffron stated the four-foot width is a performance standard and that a variance could be granted to the
width standard if a hardship is demonstrated.
Jurgens stated in his opinion there is some detriment to a six-foot dock versus a four-foot dock if the dock
is merely used to access the lake. Jurgens stated he does see some circumstances where a hardship could
be demonstrated for a wider dock,but that if the dock is merely used to access the lake,a dock wider than
four-feet wide may not be necessary. Jurgens stated in his opinion a variance application may be the
appropriate vehicle to address situations where a wider dock is desired rather than a conditional use
permit.
Rahn stated in his view if the DNR currently has a standard regarding dock width,the City should be
consistent with that.
Gaffron stated Staff would speak with the DNR this week regarding that issue.
Bremer stated she would prefer making it a conditional use permit rather than a variance.
Jurgens inquired what type of conditions would be imposed to allow a wider dock.
Rahn noted a hardship does not need to be shown under a conditional use permit.
Jurgens stated certain requirements should be in place in order to allow a wider dock.
Bremer inquired how Commissioner Jurgens feels about being consistent with the DNR requirement.
Jurgens stated he is not aware of a DNR standard but that he may be willing to adopt a standard that is
consistent with the DNR if one exists.
Leslie inquired whether there are any other agencies that would govern the width of docks.
Gaffron stated the LMCD governs the docks on Lake Minnetonka.
Leslie inquired whether the DNR is consistent with LMCD's requirements.
Gaffron stated it is his understanding they are attempting to be consistent.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#04-3039 City of Orono,Proposed Ordinance Amendment)
Leslie stated he would also prefer a conditional use permit rather than a variance. Leslie commented the
DNR standards could be used as a guideline to help the City during the CUP process.
Gaffron stated 78-1607 (a)(1)could be revised to include docks exceeding four feet in width. Gaffron
inquired whether the MCWD standard of 16.5 feet should be in place for the wetland buffer rather than 15
feet.
It was the consensus of the Planning Commission that the 16.5-foot standard should be in place for the
wetland buffer.
Bremer moved,Berg seconded,to recommend approval of the City of Orono Proposed Ordinance
Amendment: Wetland Protection,subject to the definitions being made consistent as outlined in
the Minnehaha Creek Watershed District letter of August 15,2005; specifically to change the
language to require a buffer of 16.5 feet in Section 78-1605(c), and to also clarify Section 78-1607 to
specifically allow a conditional use permit for a dock greater than four feet but not to exceed either
the Minnehaha Creek Watershed District's or the DNR's limitations. VOTE: Ayes 7,Nays 0.
3. #05-3134 RICHARD AND PATRICIA CROSBY,2705 WALTERS PORT LANE,
VARIANCE,6:41 p.m.—6:56 P.M.
Richard Crosby,Applicant, and David Park,Durabuilt,and Tom Kaspers were present.
Curtis stated the applicants are now requesting a hardcover variance within the 75'-250' zone for 7,885
square feet or 45.9 percent. This is a reduction of 1,554 square feet from the previous plan. The revised
plan includes a 340 square foot garage addition, slightly larger than the original proposal of 272 square
feet. The applicants are proposed to remove 1,632 square feet of driveway or essentially one-half of the
horseshoe driveway.
Planning Staff recommends approval of a hardcover variance to allow the construction of a garage
addition to the home consistent with hardcover removals resulting in levels the Planning Commission
deems appropriate.
Park stated they are proposing a substantial decrease in the hardcover on this lot to help bring it more into
conformance.
Rahn indicated he is happy with the amount of proposed hardcover to be removed.
There were no public comments regarding this application.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3134 Richard and Patricia Crosby,Continued)
Kempf indicated he is pleased with the amount of hardcover reductions being proposed. Kempt stated he
did visit the site today and noticed that there are a number of landscaping areas on the lakeside that
include plastic and timbers. Kempf stated a substantial amount of hardcover could be removed on the
lakeside of the home as well,noting that the timbers are nearing the end of their life anyway.
Crosby indicated he would like to address the landscaping areas next year rather than have too many
projects started at one time.
Kempf stated he would like to insure that those areas are addressed this year and requested that removal
of those areas be a condition of approval.
Fritzler stated he is in agreement with Kempf's comments.
Crosby pointed out the garage addition would be going over existing hardcover.
Rahn noted the 0-75' zone has a zero percent hardcover limit.
Crosby stated from an ecological standpoint the timbers probably stop phosphate and other debris from
running into the lake. Crosby indicated he is willing to remove the timbers if the Planning Commission
so desires. Crosby stated he takes steps to clean up this area every week to help protect the lake.
Leslie commented the applicant has made good progress on his application and that he is in agreement
with removing the hardcover in the 0-75' zone.
Jurgens inquired whether a time limit could be set for the removal in the 0-75' zone.
Kempf stated they are not raised beds and that the hardcover in the 0-75' zone could be easily removed as
part of the process of removing the other hardcover.
Kempf moved,Bremer seconded,to recommend approval of Application#05-3134,Dave Park of
Durabilt on behalf of Richard and Patricia Crosby,2705 Walters Port Lane,granting of a
hardcover variance in the 75-250' zone of 45.9 percent,with the stipulation that the 142 square feet
of timbers in the 0-75' zone be removed. VOTE: Ayes 7,Nays 0.
NEW BUSINESS
4. #05-3136 TROY BROITZMAN, 1860 SHORELINE DRIVE,VARIANCE,6:56 P.M.—
7:24 P.M.
Troy Broitzman,Applicant,was present.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3136 Troy Broitzman,Continued)
Curtis stated the applicant is requesting a lot width variance in order to construct a new home on the
property. The average lakeshore setback variance is no longer being requested with the revised plans. A
conditional use permit is also required due to the approximate 7,295 cubic yards of grading proposed.
Planning Staff recommends approval of the lot width variance subject to approval of the grading plan by
the City Engineer.
The Planning Commission should give the applicant direction regarding appropriateness of the site
grading. If the Planning Commission feels that the site is suitable for a home with a walkout basement on
both the front and rear,then the applicant should be directed to work with the City Engineer to achieve an
acceptable grading plan. Should the Planning Commission find that the grading plan is creating a
contrived walk-out that will be out of character with the neighborhood or have a negative impact on
neighboring properties,then the applicant should be directed to redesign and provide a revised plan for
review.
Curtis stated the applicant has responded to the comments provided by the City Engineer and the
Hennepin County Entrance Permit Coordinator with a revised plan. If the Planning Commission would
like to review the City Engineer's comments on the revised plan,then the application should be tabled to
the September meeting.
Rahn inquired whether Staff has received any comments from the City Engineer regarding the current
plan that is now before the Planning Commission.
Curtis stated they have not.
Broitzman stated they have revised their plans in an effort to address the issues dealing with hardcover
and the average lakeshore setback. Broitzman stated the current house has a walkout basement and a
walkout garage. Broitzman indicated the new proposed house is 1.5 foot lower than the basement of the
existing house.
There were no public comments regarding this application.
Rahn inquired whether the applicant collects cars.
Broitzman stated he is constructing the residence himself and that in his opinion the additional garage
space may add to the value of the house in the future.
Rahn stated the Planning Commission typically likes to review the comments of the City Engineer and
that it is difficult to review plans without having the City Engineer's comments in front of them. Rahn
indicated he has a concern with the letter submitted by Hennepin County regarding the access. Rahn
inquired what rationale there is for having the proposed access come off of Highway 15.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3136 Troy Broitzman,Continued)
Broitzman stated the other two roads are cul-de-sacs and that he would still need to access Highway 15
eventually. Broitzman stated he did eliminate the second driveway in the back in the revised plans.
Bremer noted she routinely drives along Highway 15 and that it is difficult to access that road from the
driveway. Bremer indicated she would prefer the access off of Heritage due to safety reasons.
Jurgens stated from an aesthetic standpoint it would be better to have the access off of Heritage and that
the view of the lake would not be obstructed by asphalt if the driveway were relocated.
Broitzman stated he proposed the driveway in the rear in addition to the Shoreline Drive access.
Jurgens stated he is unable to support two accesses.
Berg inquired whether the county is recommending that the access onto Highway 15 be eliminated.
Rahn stated they are recommending that access onto Highway 15 be eliminated.
Berg indicated she has a concern with the access on Highway 15 given the amount of traffic on that
roadway and recommended that access be off of Heritage.
Broitzman stated the other issue with the rear driveway was the steepness of the lot.
Rahn stated he would like to see the comments of the City Engineer,noting that the City Engineer did
comment on the steepness of the lot and that the access might be better if it is located off of Highway 15.
Bremer pointed out the existing driveway does exit off of Highway 15.
Gaffron pointed out there is a 17-foot difference over approximately 120 feet,which is more than a 10
percent slope, and would require a tuck-under garage and other revisions if the driveway is located in the
rear.
Rahn inquired how the Planning Commission feels about the proposed grading.
Jurgens stated he would like to see less grading on this lot.
Curtis stated the numbers have been revised with the new plan.
Kempf stated the safety issues are better with a rear driveway and that the aesthetics of the lot would be
improved with the removal of the driveway in the front as well as requiring less maintenance. Kempf
indicated the lot is situated such that a tuck-under garage could be accommodated quite well.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3136 Troy Broitzman, Continued)
Kempf noted there are a number of nice homes in this area and that the appearance of the proposed
residence on the lakeside is like a box with a number of simple windows. Kempf encouraged the
applicant to consider revising his plans.
Jurgens stated in his view part of the reason for the amount of dirt being moved is the design of the house.
Jurgens stated if one level of the walkout is eliminated,that would reduce the amount of dirt that would
need to be removed.
Broitzman stated he purchased the lot because the current house is a walkout.
Jurgens indicated he has a concern with the large amount of dirt that the applicant is proposing to remove.
Broitzman stated the entire hill in front of the house is from when the house was originally built.
Broitzman noted he had to redo his plans in a hurry due to the fact that he only recently learned of the
city's height restriction. Broitzman indicated he is flexible with the amount of fill to be removed.
Rahn inquired whether the current plan is the plan that the applicant would like to proceed forward with.
Broitzman indicated he could have the engineering redone prior to the Council meeting.
Jurgens stated in his view this application needs to be tabled in order to allow the applicant time to make
the changes that the applicant has suggested as well as have the plans reviewed by the City Engineer.
Broitzman stated he would like to begin construction in the near future prior to winter.
Rahn stated the Planning Commission is only able to review the plan that is before them and that he
would like to have the comments from the City Engineer prior to action on this application by the
Planning Commission.
Fritzler stated he is also in agreement that this application should be tabled.
Bremer commented the main issue is the amount of grading,which needs to be reviewed by the City
Engineer. Bremer stated it appears that the lot width variance would be granted. Bremer indicated she is
in favor of the access onto Highway 15 if the applicant would like to retain that,but that she would like to
see the two parking spots removed.
Berg inquired whether there are chimneys on either end of the house.
Broitzman stated they are.
Berg commented in her view the home appears to be an apartment house. Berg inquired how many
people would be living in the house.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3136 Troy Broitzman, Continued)
Broitzman stated he would be residing there with his girlfriend but that he comes from a large family who
would be visiting from time to time.
Leslie stated if the number of garage stalls were reduced, the amount of grading could also possibly be
reduced.
Broitzman indicated he is not willing to eliminate the walkout.
Jurgens stated a portion of the walkout could be retained and that it is not necessary to have a walkout the
entire width of the house. Jurgens stated in his opinion the house could be redesigned to reduce some of
the grading.
Jurgens moved to table Application#05-3136,Troy Broitzman, 1860 Shoreline Drive,to allow time
for the City Engineer to comment on the grading plan.
Gaffron stated the length of the house and the garage could possibly be reduced and that it appears that
the narrow width of the lot seems to be driving the design of the house.
Bremer noted the applicant does not need a setback variance.
Kempf seconded the motion. VOTE: Ayes 7,Nays 0.
Jurgens noted Mn/DOT has estimated the amount of traffic on Highway 15 at approximately 20,000 cars
a day.
5. #05-3140 ANDREW AND KRISTEN RONNINGEN,3030 CASCO POINT ROAD,
VARIANCE,7:24 P.M.—7:38 P.M.
Andrew Ronningen,Applicant,was present.
Gundlach stated the applicant is requesting a rear yard setback variance to permit a rear yard setback of
20 feet when 30 feet is normally required, 20 feet currently exists, and 20 feet was permitted by variance
in 1968. An average lakeshore setback variance to permit the new roof structure to encroach into the
required setback(no further lake encroachment is proposed; however,the increased height proposed
requires approval of this variance). In addition,a rear yard setback variance to permit a rear yard setback
of 15 feet where 30 feet is normally required and 20 feet currently exists. Gundlach noted the 20 feet was
permitted by variance in 1968.
Staff recommends approval of the variances to allow the increased pitch roof as no additional
encroachment to the required rear yard is proposed and the additional height will not impact adjacent
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ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3140 Andrew and Kristen Ronningen,Continued)
properties' views to the lake due to the curvature of the shoreline in the cove. Staff recommends that the
Planning Commission discuss whether variances should be granted to permit covered entries. Gundlach
stated in the past hardships have been based on the location of the existing house on the lot and not
always inherent with the land.
Ronningen stated they are attempting to design the addition to fit in with the neighborhood. Ronningen
stated they currently are experiencing an ice buildup on the front steps, which would be improved by the
overhang. Ronningen stated they would also like to add one light to improve the safety of the entryway.
There were no public comments regarding this application.
Rahn inquired if Maple Avenue were considered a side setback, what the encroachment would be.
Gundlach stated a side yard adjacent to a street in the half-acre zone requires a 15-foot setback.
Rahn noted the address is Casco Point and inquired whether this application could be reviewed with a
different rear yard.
Gundlach indicated Staff reviewed this application in this manner because there is an approved variance
from 1968 where it was called the rear yard. Gundlach stated technically a rear yard is the yard opposite
to the front,which in this case would be the lake.
Rahn stated in his view Casco Point would be a side street yard.
Gaffron stated the City needs to be consistent and if the City in 1968 determined that it was a rear yard,it
should probably remain a rear yard.
Jurgens commented some day in the future Maple Avenue might be improved and is technically a
right-of-way. Jurgens inquired whether the 20 feet is measured from where the stoop currently is.
Gundlach stated the existing 20 feet is from the wall of the home.
Rahn stated there would be an additional five feet of encroachment with the stoop.
Jurgens stated in theory there actually is house located under the front stoop given the fact that there is a
well pit in that area. Jurgens stated he does not have an issue with the application.
Leslie stated as long as the City's building code does not mandate a covered walk,he does not see a
hardship for a covered entrance and a further encroachment into the setback. Leslie stated the hardship is
inherent with the building and not the land and that he does not support this portion of the application.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3140 Andrew and Kristen Ronningen,Continued)
Bremer inquired if it is changed to a side yard setback,how that would impact the other two variance
requests.
Gundlach stated the average lakeshore setback variance would still be required and the rear yard setback
variance for the additional story would be eliminated.
Kempf stated he also tends to agree with Chair Rahn. Kempf stated Maple Avenue is a driveway that
accesses one lot and more than likely would never be developed.
Jurgens stated he does not know what the future holds for this area. Jurgens stated he does not have a
problem with the encroachment since there is already a well pit located below the stoop.
Kempf stated it does make sense to have a heated structure over that area.
Bremer moved,Fritzler seconded,to recommend approval of Application#05-3140,Andrew and
Kristen Ronningen,3030 Casco Point Road,granting of a rear yard setback variance of 20 feet, an
average lakeshore setback variance, and a rear yard setback variance to permit a setback of 15 feet,
with the hardship being the safety concerns and the structure that exists below the stoop,with the
recommendation that the Council consider this a side yard setback,which would make the
structure be in compliance. VOTE: Ayes 6,Nays 1,Leslie Opposed.
6. #05-3141 JEFFREY AND ETHEL GUSTAFSON,4203 NORTH SHORE DRIVE,
VARIANCE,7:38 P.M.—7:45 P.M.
Jeffrey Gustafson,Applicant,was present.
Curtis stated the applicant is requesting a lot width variance in order to construct a single family home on
the property. The property is one acre in area but does not meet the width requirement at the lakeshore.
Additionally, due to the amount of fill and grading proposed, a conditional use permit for 770 cubic yards
of fill is required.
Planning Staff recommends approval of the lot width variance and the conditional use permit in
conformance with Staff and City Engineer's comments.
Gustafson thanked Staff for their help with his application. Gustafson stated they would like to eliminate
the circular driveway and that his neighbor is agreeable to doing some joint landscaping along the
property line
There were no public comments regarding this application.
PAGE 13
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3141 Jeffrey and Ethel Gustafson, Continued)
Rahn stated he is in agreement with Staff's recommendations.
Jurgens inquired what amount of fill is allowed prior to a conditional use permit being required.
Curtis stated 500 cubic yards.
Jurgens inquired whether the amount of fill could be reduced. Jurgens noted the garage and residence
could perhaps be lowered somewhat to reduce the amount of fill.
Gustafson stated he did not pay much attention to the amount of fill necessary until he received the
engineer's calculations. Gustafson stated to his knowledge the fill is needed to compensate for the
tuck-under garage that was originally built.
Jurgens pointed out six feet of fill is going in an area that has not been previously excavated and that the
house and garage could be lowered two feet.
Gustafson stated the garage is even with the main floor of the house.
Jurgens reiterated he does not see the necessity for the conditional use permit.
Bremer moved,Kempf seconded,to recommend approval of Application#05-3141,Jeffrey and
Ethel Gustafson,4203 North Shore Drive,granting of a lot width variance and a conditional use
permit for 770 cubic yards of fill,subject to review and approval of the grading and drainage plan
by the City Engineer and Staff.
Fritzler stated the conditional use permit for the excess fill should be adhered to and that fill in excess of
the 770 cubic yards should not be brought onto this lot.
VOTE: Ayes 6,Nays 1,Jurgens Opposed.
7. #05-3143 DAN HESSBURG OF HESSBURG DEVELOPMENT,INC.,774 TONKAWA,
VARIANCE,7:45 P.M.—8:17 P.M.
Dan Hessburg,Applicant,was present.
Gundlach stated the applicant is requesting a number of variances in order to construct a new residence on
an existing lot. A lot area variance is required to permit construction of a new residence on an existing lot
consisting of.36 acres in an area where 1.0 acres is normally required and; two, a lot width variance to
permit construction of a new residence on a lot 74 feet in width at the shoreline and 61 feet in width at the
75-foot setback where 140 feet is normally required. In addition, a hardcover variance is being requested
PAGE 14
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3143 Dan Hessburg of Hessburg Development,Continued)
to permit 29.8 percent hardcover within the 75'-250' zone where 25 percent is normally allowed and 27.2
percent currently exists; and a hardcover variance to permit 39.4 percent hardcover within the 250'-500'
zone where 30 percent is normally allowed and 66.8 percent currently exists.
Gundlach stated the applicant is proposing a three-car garage,with the third stall stacked with a two-story
breezeway to the existing home and a small lakeside deck.
Staff finds that due to the narrowness of the lot and over one-third of its area being located within 75 feet
of the lake and not buildable,hardships exists which may warrant some level of hardcover variance. Staff
does not believe,however,that the levels requested are within the levels typically approved for rebuilds
on a substandard lot of similar size and shape. Gundlach noted Staff has compiled some hardcover data
from other rebuild applications from 1999 to 2004,which has been included in the Planning
Commission's packet. Gundlach indicated Staff is attempting to utilize this information to help
demonstrate the amount of hardcover being approved on substandard lots. Staff feels the hardcover
percentages should be approximately 25 to 27 percent in the 75'-250' zone and the footprint size,
including the garage, should be approximately 1,800 square feet to 1,900 square feet. Staff would
therefore recommend that the applicant be directed to reduce the footprint size, and hardcover within the
75'-250' zone.
Staff would also suggest that a turn-around apron consisting of 8' x 8' be included on a revised plan as
City Code Section 18-136(G)requires one due to the county road.
Staffs recommends the applicant be directed to explore a combination of hardcover and footprint
reductions in an effort to attain hardcover levels and footprint sizes more comparable to those previously
approved variance on similarly sized lots. The revised plans shall incorporate the City Engineer
comments contained in Exhibit G and also proposed house elevations so that conformance with building
height regulations can be confirmed. Gundlach stated Staff would like to see the hardcover reduced to
no more than 27 percent.
Hessburg stated he did not understand at first that the 75-foot setback could not be included,which has
since been revised. Hessburg stated due to the cost of the lot, it would not be economically feasible to
construct a house on the lot if he is forced to reduce the home any further. Hessburg pointed out they
meet the side yard setbacks and do not encroach upon the neighbors' view.
Hessburg noted they do meet the structural coverage limit but are slightly over on hardcover. Hessburg
stated the solution to the problem would be the use of pervious pavers that have been approved by a
number of other cities. Hessburg stated he is unable to meet the hardcover limit and still make the house
saleable. Hessburg indicated they are willing to make some minor adjustments as well as meet the
recommendations of the city engineer.
Rahn stated the concern is the hardcover being proposed in the 75'-250' zone.
Bremer inquired what the calculations would be if adjustments were made on the driveway and sidewalk.
PAGE 15
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3143 Dan Hessburg,Continued)
Hessburg stated he believes the overall hardcover could be reduced by 2.5 percent by reducing the size of
the driveway and sidewalk slightly.
Bremer stated the City of Orono does not recognize the use of pervious pavers as non-hardcover at the
present time and would consider it hardcover.
Hessburg stated they have been engineer approved and have been found to allow water to drain.
Jurgens stated the issue with the pavers is that they could be removed in the future and replaced with
some type of hardcover. Jurgens stated the City does not want to have to conduct annual inspections to
make sure that the properties are in compliance.
Hessburg stated the new installation techniques have been improved and that the pavers tend to last as
long as normal blacktop.
Jurgens pointed out that economics is not a hardship that can be considered by the Planning Commission.
Jurgens stated the smaller lot size dictates a smaller sized home.
Hessburg stated the neighbor's residence was granted a variance for 18 percent structural coverage.
Hessburg indicated the value of the land requires a house of substance.
Leslie concurred that economics are not a hardship and cannot be considered by the Planning
Commission. Leslie stated the number of garage stalls could be reduced to two stalls,which would help
reduce the hardcover.
Bremer stated she would be in favor of a hardcover variance of 27.2 percent given the nature of the lot if
the driveway and sidewalk were reduced.
Hessburg stated he would like to make the garage as wide as possible.
Rahn stated he is in favor of providing the applicant with a hardcover number that needs to be met.
Gundlach stated a 30-foot setback is required from Tonkawa with the breezeway connecting the garage
and that if the breezeway were removed,the setback would be reduced. Gundlach pointed out the
applicant probably would not be able to reduce the driveway and still meet the City's minimum standards.
Tom Okerstrom, 770 Tonkawa, stated at the time they constructed their residence they were not aware of
the need to obtain variances for their garage. Okerstrom stated they were told a three-car garage is not a
hardship and neither is a breezeway,which they were prohibited from constructing.
PAGE 16
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3143 Dan Hessburg,Continued)
Okerstrom stated the residence is two stories,which makes the whole side of the yard a wall. Okerstrom
stated he is in favor of a new house being built,but raised a concern regarding the amount of massing on
the lot and the impact that has on his view.
Jurgens stated he is in agreement that this is a massive structure and that the applicant could meet the 25
percent hardcover limit.
Rahn noted the applicant does meet the 15 percent structural coverage limit.
Kempf commented the graphs illustrate hardcover in the range of 25 to 27 percent as the norm.
Jurgens stated the hardcover standard is 25 percent and that he personally does not believe Staff should be
using the graphs to help determine the amount of hardcover that should be allowed on a certain lot.
Jurgens stated the amount of hardcover allowed is determined by the individual circumstances for that lot.
Fritzler stated he does not look at the cost of the property being a hardship,and since this would be
considered new construction,he would like to see the hardcover not exceed 25 percent.
Paul Larson, 3865 Shoreline Drive, indicated he represents the property owners. Larson stated Hessburg
and himself have done a tremendous amount of work around the lake developing land and that they have
worked closely with Staff in order to get this application to comply as much as possible with City
regulations. Larson stated the hardship is the long,narrow lot,which requires a long driveway. Larson
pointed out the size of the deck is very small compared to the neighbor's.
Larson stated it is not a three-car garage but really a tandem garage. Larson stated the extra room is for
storage. Larson noted they do meet the structural coverage limit,the setbacks, and the height restrictions.
Larson stated they are asking for less of a variance than what was granted for the adjoining property.
Larson stated the size of the rooms is not excessive and that they are limited to reducing the size of the
house any further.
Leslie pointed out the glaring difference between this house and the neighbor's is the detached garage.
Larson commented the Minnesota climate dictates the need for an attached garage.
Jurgens stated it depends on a person's priorities.
Rahn suggested the applicant revise the plans slightly in order to meet the 27.2 percent hardcover.
Hessburg indicated he would be able to tweak the plans slightly and reduce the hardcover down to
approximately 27.2 percent.
PAGE 17
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(#05-3143 Dan Hessburg,Continued)
Chip Nadeau, 774 Tonkawa, stated the proposed structure is a beautiful structure and is a definite
improvement over the present structure. Nadeau noted there is a considerable amount of construction
taking place on Tonkawa and that this proposed residence would fit in with the rest of the neighborhood.
There were no further public comments.
Bremer moved,Leslie seconded,to recommend approval of Application#05-3143,Dan Hessburg of
Hessburg Development,Inc., 774 Tonkawa Road,granting of a hardcover variance to permit 27.2
percent within the 75'-250' zone,granting of a hardcover variance to permit 39.4 percent within the
250'-500' zone or whatever hardcover is necessary to include the 8' x 8' turn-around and driveway
to access the structure,subject to City Engineer's approval of the grading and drainage plan,with
the understanding that the hardship is the width of the lot and the fact that 1/3 of the lot is located
within the 0-75' zone. VOTE: Ayes 4,Nays 2,Jurgens and Fritzler Opposed,Berg Abstained.
Gundlach inquired whether the applicant should appear before the Planning Commission again with a
revised plan.
Bremer stated it would not be necessary to appear before the Planning Commission but that the applicant
should have the revised plan ready prior to the Council meeting.
Jurgens stated he does not feel the hardship is the width of the lot and that the other lots in the area have
been able to construct adequate homes on similar type lots.
(Recess taken from 8:17 p.m.—8:30 p.m.)
9. OTHER ISSUES FOR DISCUSSION
Gaffron stated Police Chief Good was requested to attend the Planning Commission and make comments
regarding the Narrows Saloon application,but since the application is not on tonight's agenda, he would
recommend that the Police Chief not comment on that application specifically.
Chief Good indicated she would be happy to be a resource to the Planning Commission if they have
specific items they would like researched.
Leslie stated the City Council recently passed a moratorium on development for Navarre pending
development of a master plan. Leslie stated one of the items he expects to see in the master plan is
outdoor seating and other types of private entertainment and/or restaurant facilities. Leslie inquired
whether there would be any concerns that Police Chief Good would have with those types of
establishments.
Police Chief Good stated generally depaitments are asked to do an analysis on the impact to public safety
and that she looks at development in terms of how much their present resources can handle. Good stated
PAGE 18
' MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(Other issues,continued)
they have concerns regarding sufficient parking,ingress and egress,vehicular traffic,and community
events that serve alcohol. Good stated in general if something impacts the safety of a pedestrian,
increases the traffic, speed,noise,the department can comment on the amount of resources it would take
to support that type of operation.
Berg noted there are a couple of businesses that have outdoor seating currently. Berg inquired how
outdoor seating impacts those areas.
Good stated they addressed issues in those areas related to safety in the parking lots,how to prevent
vehicles from hitting the pedestrians and the safety of pedestrians on the sidewalks.
Rahn commented outdoor seating is becoming increasingly more popular.
Jurgens inquired whether the police department has any records that show how safe a particular area is.
Police Chief Good stated they are able to research premises for incidents that happen on that particular
site but that they do not record incidents on the basis of where they were consuming alcohol prior to an
incident happening at another location.
Bremer inquired whether there is anything that could be added to an outdoor seating area that would help
alleviate her concerns.
Good noted an emergency exit needs to be provided,but that she has also seen in some spots in
Minneapolis that the fencing is permanent,which would help to keep people inside the area where alcohol
is allowed as well as plastic cups and other debris. Good pointed special arrangements need to be made
for serving alcohol outside the establishment,which is done through the state.
Good stated the police department also has concerns about parking across the street from various
establishments due to safety reasons. Good stated it is important for the police department to have a good
working relationship with the owners of the establishments and that they need to be wary of over-serving
someone. Good stated in her view the people of the community are vigilant in helping to keep the amount
of crime down in Orono.
Berg inquired whether there are gangs that are hanging out in the Orono area.
Police Chief Good stated there is some gang activity going on in the City as well as some meth labs and
other drug activity that goes on.
Kempf inquired whether the police department patrolled the event at Fletchers and how that event went.
Police Chief Good says they have major concerns regarding the type of event that was held at Fletcher's
recently and that they will be speaking with the Spring Lake City Council. Good stated it is very
PAGE 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
(Other issues, Continued)
important that the proprietors have a good working relationship with the police department. Good stated
the water patrol also had concerns regarding the amount of boats and number of people in that restricted
area.
Rahn thanked Police Chief Good for appearing at tonight's meeting. Rahn recommended that Police
Chief Good attend the Planning Commission at the time the Narrows Saloon application is on the agenda.
PLANNING COMMISSION COMMENTS
8. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS JULY 25 AND AUGUST 8,2005
Kempf stated he was in attendance at the July 25 meeting,noting the Salas application was approved.
Kempf indicated that property has recently been sold.
Kempf stated the Mack application requested 18 percent structural coverage,with the Council giving the
applicant the opportunity to revise their plans down to 16 percent structural coverage or reappear in six
months with a new application.
Kempf noted the Navarre moratorium was on the consent agenda. Kempf stated Nussbaum expressed
some concerns regarding the Planning Commission's recommendation.
Fritzler stated he was in attendance at the August 8,2005 meeting. Fritzler noted a majority of the items
were on the Consent Agenda,with the Valerius application receiving a conditional use permit for signage.
Gundlach stated a condition was included in the resolution restricting monument signs,which apparently
was not read by the applicant prior to the approval. Gundlach stated ultimately the Council did approve a
multi-tenant monument sign.
Fritzler stated the Accent Investments application was tabled at the request of the applicant. Fritzler
stated the home occupation license review was denied,with the property owner being given until
November 15"'to remove all equipment associated with his landscaping business.
10. PLANNING COMMISSION APPROVAL OF MINUTES FOR JULY 18,2005
Bremer moved,Fritzler seconded,to approve the minutes of the Planning Commission meeting of
July 18,2005, as submitted. VOTE: Ayes 7,Nays 0.
PAGE 20
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 15,2005
6:00 o'clock p.m.
11. SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON
AUGUST 22 AND SEPTEMBER 12,2005
August 22—Leslie
September 12—Bremer
ADJOURNMENT
Leslie moved,Kempf seconded,to adjourn the Planning Commission meeting at 8:50 p.m.
VOTE: Ayes 7,Nays 0.
David Rahn, Chair
PAGE 21