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HomeMy WebLinkAbout02-12-2001 Council MinutesORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planning Director Michael Gaf ron, Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Jim White and Tom Kellogg arrived at about 6:40. Mayor Peterson called the meeting to order at 6:30 p.m. - 1. Planning Commission Interviews Mr. Jule Hannaford was the first interview. He stated that he has been a resident of Orono for 2 years, has 3 children in the Orono school district, ages 14, 11, and 9. He was interested in the position because he feels it's important to give back to the community and he plans to live in Orono for a long time. Sansevere asked if he was familiar with the City's government. Mr. Hannaford stated he was not specifically familiar with Orono's government, but as a lawyer he was familiar • with government proceedings in general. Sansevere asked if he was available to commit his time to the Commission. He stated he was fine with the scheduled meeting times, but did have a conflict on the second Monday of each month. Mayor Peterson asked if he was familiar with the City's philosophy. He stated he was not. Flint asked what kind of law he practices. Mr. Hannaford replied he is in corporate law, primarily transactional law for financial institutes. Nygard asked if he was familiar with the job of the Planning Commission. He stated he was, and the Planning Commission reviewed proposals and made recommendations to the Council regarding zoning and development. Sansevere asked if he felt the Planning Commission should follow rules closely, or if they have some latitude. He stated he felt they should mostly go by the book. Sansevere asked if there were any important issues that he was concerned about. Mr. Hannaford stated he enjoys the quality of life in Orono. He feels issues need to be balanced. 0 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 1. Planning Commission Interviews— Continued White asked about his leadership style. He stated he is a team builder and feels a group should determine leadership, and he would look for a consensus. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Mr. Ronald (Butch) Zelinsky was the second interview. He stated he has lived in Orono for 4 %2 years, has a 12- year -old in the Orono schools, loves the area, and would like to add his perspective to the Planning Commission. Mayor Peterson asked if he was familiar with Orono's Comprehensive Plan. Mr. Zelinsky stated he was through recently acquiring property along Highway 12. Sansevere asked if he had an idea of the direction Orono should go in the future. He stated he felt the future depends on the Highway 12 corridor and relations with Long Lake. He would like to see a downtown area with services that are currently not available to create a sense of community with shops and gathering areas. Flint asked if being a realtor would cause conflicts of interest. Mr. Zelinsky stated he would fully disclose any conflicts and step back when appropriate. • Nygard asked if he was familiar with the job and time commitments of the Planning Commission. He stated he would have no problem visiting sites and attending meetings. He said he added a pool a couple of years ago and worked with the Commission. He enjoyed the process. Nygard asked if he felt he had to be strictly guided by the Comprehensive Plan. He stated he feels there should be a dialogue when tough issues arise and the Commission should come to a consensus. White asked about his vision of the future. Mr. Zelinsky felt the 2 -5 acre minimum lot size was critical and believed the City should hold firmly to the 2 -acre minimum. He felt the community had needs for community centers, restaurants, and other gathering places. Sansevere asked if he would be willing to serve as an' alternate. He stated he would. Ms. Susan Moseley was the third interview. She stated she has been a resident since 1988. She has run a small business and been a stockbroker. She was involved with the Orono schools while her children were attending. She felt she would bring her interest, desire, and enthusiasm to the Commission. She felt a city must meet the current needs of its residents, but also plan for the future. 2 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 . 1. Planning Commission Interviews — Continued White asked what steps should be taken toward the future. She stated a government needs to listen and focus on growth goals, then sell its plans to the residents so they understand the City's objectives. Sansevere asked what issues she would focus on. Ms. Moseley stated she uses the parks and schools, but would have to be educated on other concerns. She has seen a huge housing expansion and approves within reason. She likes living in a low-density area. Flint asked if she would have trouble saying no to applicants. She stated she would not, and the Commission makes decisions as a unit and with reasons for those decisions. Sansevere asked if she would be willing to serve as an alternate. She stated she would. Mr. Rick Windenburg was the fourth interview. He stated that he has been a resident of Orono for 1 year, has a background in construction, has dealt with planning issues, and wants to be involved with the community. Sansevere asked if he was familiar with the City's Comprehensive Plan. `Sr. Windenburg stated he was familiar with it from working in the area 5 years ago. • Sansevere asked if it would be difficult to say no to construction people. He stated it would not be, and he is basically out of the field now. 0 Sansevere asked if there were any issues that he was concerned with. He stated there were not at the present time. Nygard asked if he was familiar with the job of the Planning Commission. He stated he felt the Planning Commission reviewed applications for variances, etc. and decided if the requests were acceptable, then made suggestions. White asked about his leadership style. He stated he would bring his ideas to the table, but also listen and learn. He wouldn't force or follow; but be open to others' input. Sansevere asked if he would bewilling to serve as an alternate. He stated he would. Mr. Gary Welsh was the fifth interview. He stated that he has been a resident of Orono since 1967, circulated a sewer petition in the 1960's, was on the City Council for 2 terms in the 1970's when the Comprehensive Plan was first drafted. He tries to see the big picture and is aware that small decisions affect the big decisions. He has studied the ordinances and visited sites. N ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 1. Planning Commission Interviews— Continued Sansevere asked what issues he sees facing the Planning Commission. Mr. Welsh stated he is concerned with runoff and sewer, small houses being torn down and big ones built up, and people with large houses pushing for extras. Flint asked what he saw as the relation between the Planning Commission and the City Council. He stated the Planning Commission was an extension of City Council. The Commission implements the big picture for the Council. White asked what he saw as the relation between the Planning Commission and the staff. Mr. Welsh stated the Planning Commission has oversight responsibility of the staff's work as presented in the packets. Nygard asked why he chose to get involved in govermnent again. He stated he has an interest in Planning issues and would like to see applications at the beginning of the process. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Mr. Marc Fritzler was the sixth interview. He stated that he has been a resident of Orono for 18 years and is a retired officer from the Orono Police Department. He is • interested in the Commission because the attempt to consolidate with Long Lake made him more aware of issues that affect Orono. He stated he has time to commit and is not afraid to dig into regulations. • Sansevere asked if he was familiar with the City's Comprehensive Plan and felt there was latitude. Mr. Fritzler stated the Commission should operate under the plan, but deal with the specifics of each case. He felt ordinances were there to be adhered to. Flint asked how he felt about the way the City has been run. Mr. Fritzler stated he lives in a 5 -acre minimum lot size area and enjoys the open space, but feels some areas of the City could be improved, particularly the Highway 12 commercial area. White asked how he would engage citizens in government concerns. He stated he would make himself known to, and canvas, the public. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Mr. David Rahn was the seventh interview. He stated that he has been a resident of Orono for 26 years and owns 2 residences here. He has a construction background and was a contractor in Orono for 10 years. 4 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 1. Planning Commission Interviews -- Continued 0 Sansevere asked if he was familiar with the City's Comprehensive Plan. Mr. Rahn stated he is familiar with the City's ordinances, but not specifically the Comprehensive Plan. Sansevere asked if there were any important issues that he was concerned about. Mr. Rahn stated that he has an ability to problem solve and felt that with his background he could help keep applications from reaching the Council before the T's are crossed. Flint asked how he felt about the way the City has been run. He stated he was familiar with the progress of the lake cities and feels they develop at the same rate as Orono. He stated that due process takes time. White asked what he saw as the relationship between the Planning Commission and staff. He stated he doesn't see it as a large contact area. Staff present applications etc. to the Commission. Nyaard asked if he would have trouble separating his roles of staff and Commissioner. Mr. Rahn stated he would not and feels there are situations where his background would be helpful to the Commission. Sansevere asked if he would be willing to serve as an alternate. He stated he would. Mr. Robert Albertson was the eighth interview. He stated that he has been a resident of Orono for 38 years. He is an inventor, owns 4 companies, is involved in community affairs with organizations such as the Minnesota Concerned Citizens Association, Minnesota Public Utilities Commission_ Mound School Board, and the City of Spring Park. He is an idea person, handles his own legal cases, is fair and tough, can say no, and has no conflicts of interest. Sansevere asked if there were any changes he would like to see in Orono. He stated the area along County Road 15 in Navarre is an eyesore and it should be developed or beautified. Flint asked what he saw as the role between the Planning Commission and the City Council. He stated the Planning Commission works in an advisory capacity to the Council. If the Council disagreed with his recommendation he would argue his point or come with a new approach. Sansevere asked if he would be able to take on a non - leadership role. He stated he would. White asked if he was familiar with smart growth. He stated he was not, but feels development should be reasonable and would like to see a light rail system. 5 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 1. Planning Commission Interviews — Continued n LJ Nygard asked if he had ideas for the Navarre area. Mr. Albertson stated Navarre could become a hub area to connect with Mound. Sansevere asked if he would be williniz to serve as an alternate. He stated he would. Ms. Jeanne Mabusth was the ninth interview. She stated she has been a resident of Orono for 22 years. She has been impressed with the City's government over the last 4 years. She has worked for the City of Medina, and the City of Orono as the Administrator of Building and Zoning Department. Sansevere asked what she considered the role of the Planning Commission. She stated she felt it was set up properly with a number of experienced members. The Council liaison was important and she felt the Council should pay attention to the Commission's recommendations and use the Consent Agenda more. Flint asked what she considered her area of expertise. Ms. Mabusth stated she had years of experience as City staff and a Planning Commission alternate. She has knowledge of the City's codes and the Comprehensive Plan. She felt the best ordinances were those worked on to reflect how times and the environment change. Nygard asked if she would be able to separate her roles as staff and a resident advocate. She stated she would, and it was important to create an atmosphere where applicants can ask questions and the Planning Commission can explain the codes. White asked if she had any pet peeves. Ms. Mabusth stated it was important for the chairman to provide information to applicants and the neighbors concerned with a project. Sansevere asked if she would be willing to continue serving as an alternate. She stated she would. CONSENT AGENDA 2. Approve /Amend Items 5, 9, and 14 were added to the Consent Agenda. Flint moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. 2 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 . APPROVAL OF MINUTES L� *3. Regular Council Meeting of January 22, 2001 Flint moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of January 22, 2001. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated the Park Commission would be asking for donated hostas and daylilies for Navarre Park in April. They are trying to locate the remaining property corners at Saga Hill. There was a bill in the House to try to block trails throughout the state; he sent a copy to the National Rails to Trails group. The bill would affect the Dakota Rail, Crystal Bay Road trail and others. They are taking more pictures of lake access points. The Commission is considering putting an ice rink in at Crystal Bay Park that would serve for skate boarding in the summer. They are planning on burning French Creek Park this spring to promote the wildflower development, and are considering redeveloping playground equipment at Hackberry Park. The Commission is looking into a recognition board in the City office's lobby to acknowledge land donors. It would probably be a map with plates that show who donated what parcels. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. #2631 City of Orono — Zoning Code Amendment —RPUD Residential Planned Unit Development District Gaffron stated that when the City adopted its Comprehensive Plan and sent it to Met Council, it planned to have 6 —12 months to change ordinances to match the plan. Part of the Plan included the reguiding of areas of the City for different types of residential 7 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 4. #2631 City of Orono Zoning Code Amendment —RPUD Residential Planned Unit Development District — Continued use, i.e.: for higher density use. The senior housing project has caused them to move ahead on the ordinance changes. The RPUD district would accommodate a variety of housing types. It would be residential only with no mixing of commercial and residential. The district would allow all permitted uses of the R -IA basic residential zone and a multi - family attached dwelling, but only in the urban zone. There is a minimum site area of 5- acres, and a height limit of 2 %2 stories or 30', except on RPUD sites currently zoned/guided for commercial use, which could be up to 3 stories. Ten percent of the site must be devoted to private recreation area in addition to standard park dedication requirements, and there are detailed landscaping/buffering /screening and architectural requirements. Currently the RPUD rezoning would not be allowed in the shoreland areas. The RPUD could replace the M6 district. The Planning Commission voted 4 – 0 to approve the ordinance. Sansevere asked if the shoreland areas should be included in the RPUD areas. Gaffron stated that some properties could be redeveloped using the RPUD, and there are benefits to using the RPUD in the shoreland. Nygard stated he prefers to exclude the shoreland to is protect the cabin feel along the lake. • Flint stated he was concerned with density issues. Gaffron stated the RPUD district could be used for apartment -type development only on land currently zoned for commercial use. So the commercial area would become a higher density residential area. Council would be creating a district to which properties could be rezoned, but the district would never have to be used, as with the M -6. Flint stated he would like to keep M -6 on the books, in addition to the RPUD, so that it remains as an alternative. Gaffron stated that no residential property could be rezoned to a higher density than it is guided in the Comprehensive Plan. Mayor Peterson suggested discussing the RPUD ordinance in a work session. Items 4 and 6 were continued to the next Council meeting. Nygard moved, and Sansevere seconded, to table items 4 and 6. Vote: Ayes 5, Nays 0. 8 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 . *5. #2638 City of Orono — Zoning Code Amendment —B -6 District Landscaping and Architectural Standards — Ordinance Adoption, Ordinance No. 201, 2 "d Series Flint moved, and Sansevere seconded, to adopt Ordinance No. 201, Second Series, amending Chapter 10 of the Orono Municipal Code by amending Section 10.45, Subdivision 6, B -6 Zoning District Design Requirements. Vote: Ayes 5, Nays 0. 6. #2639 City of Orono — Zoning Code Amendment — Section 10.52: Add RPUD to list of Allowable Zoning Districts in highway 12 Corridor Study Area Item 6 was tabled with item 4. Nygard moved, and Sansevere seconded, to table items 4 and 6. Vote: Ayes 5, Nays 0. 7. #2640/2641 Orono Ambar, LLC, 2060 Wayzata Boulevard - -- Highway 12 PUD General Concept Plan Review Frank Dunbar was present. is Weinberger stated that Orono Ambar requested General Concept Approval for a two -lot plat of property at Highway 12 and Brown. The property is currently zoned B -1, general business. They would rezone the property and subdivide it into 2 lots: a senior housing unit on the east lot, and an office building on the west lot. The Planning Commission recommended approval 4 – 0. Staff recommended approval subject to the noted conditions. 0 Mr. Dunbar stated that he would like to eliminate the wall at the front of the property along Highway 12 because it impacts the building, and neighbors indicated they did not approve of it. Jacqueline Ricks of 2108 Sugarwoods Drive asked why the service road was required in front of the building. If it was removed there would be more room for landscaping. Weinberger stated the road was included for the safety of residents using the parking lot in front of the building. Gaffron stated that about half of the office building traffic would enter the office lot by the service road from Brown Road because only west bound traffic on Highway 12 can access the office lot's direct entrance. Mr. Dunbar stated that all of the residents would have underground parking. Primarily visitors would use the lot in front of the building, mostly in the afternoon and on weekends. The S -curve in the parking lot would help to slow traffic. E ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 7. #264012641 Orono Ambar, LLC, 2060 Wayzata Boulevard --- Highway 12 PUD General Concept Plan Review— Continued Carl Berg of 2102 Sugarwoods Drive stated his parents are in a similar complex and the visitors' parking is barely used. Moorse suggested office traffic could someday use Brimhall Road for access to the lot at the north. Ideally a light would go in at Brimhall Road and Highway 12. Mr. Dunbar stated that the neighbors would like to eliminate the fence on the north border of the property by the office building and instead preserve the brush and foliage, then use berms to screen headlights from the office traffic. Mayor Peterson agreed that preserving existing vegetation was preferable to building a fence. Sansevere moved, and Nygard seconded, to table item 7. Vote: Ayes 5, Nays 0. *8. #2648 Peter and Nicole Thomas, 1385 Orono Lane— Variances /CUP- Resolution No. 4604 Flint moved, and Sansevere seconded, to adopt Resolution No. 4604 granting variances to Section 10.22, Subdivision 2, Section 10.55, Subdivision 8 and Section • 10.56, Subdivision 16(J) and (L) to allow hardcover in the 0 — 75 foot lakeshore setback zone of 11.38% where 11.22% hardcover exists and no hardcover is normally allowed and to allow hardcover in the 75 — 200 foot setback zone of 25.45% where 25.16% hardcover exists and 25% is normally allowed; a variance to Section 10.56, Subdivision 16(C)(5) to allow retaining walls where they are normally prohibited in the lakeshore setback zone; and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 21. Vote: Ayes 5, Nays 0. E *9. #2649 Charles Leekley, having an interest in 1525 Long Lake Boulevard - Variances— Resolution No. 4605 Flint moved, and Sansevere seconded, to adopt Resolution No. 4605 granting variances to Municipal Zoning Code Section 10.03, Subdivision 9(D) to permit a garage entrance 5 feet from the north property line where 30 feet is required; and Section 10.24, Subdivision 5(B) to permit a 5 foot side setback where a 10 foot setback is required for construction of a detached two stall garage. Vote: Ayes 5, Nays 0. 10 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 10. #2650 Kirsten and Patrick Burton, 2601 Rainey Road — Variance /CUP Herb Baldwin, landscape designer; Dick Peterson, attorney; and Bill Huntress, project architect, were present to represent the Burtons. Weinberger stated that the applicants have a 14 -acre parcel with a lot of wetland area. The applicants submitted a 4 part request: 1. CUP to permit a second residential unit on a 5.25 acre property; 2. CUP to permit the chimney height for the main residence to exceed 30 feet, at a height of 36 feet, 6 feet above the peak of the house; 3. variance to permit construction of a 3 story flat - roofed house where the Code allows a maximum of 2 '/2 stories; 4. variance to permit a 30 inch high railing around the roof of the guest house, that would exceed the 30 foot maximum height for a structure, for safety purposes. The Planning Commission voted 4 – 0 to allow the guesthouse and a motion to approve the chimney height, 3 -story house, and railing failed with a 2 – 2 vote. Weinberger stated that the height of the guesthouse would be less than a 2 % story house at its peak because of the mid -gable measure. There are plenty of tall trees on the property and no adjoining properties it would affect. He also stated that the City has other houses with chimneys that exceed the permitted height due to requirements of the Building and Fire Codes. The Council agreed that they would allow construction of a guest house. • There was a consensus that the chimneys should not exceed 32 feet (2 feet above the roof) because the additional 4 feet was requested for aesthetic purposes. The Council felt they should be consistent and referred to the art center in their discussions. 0 Mr. Huntress stated that the 3 story guest house has a smaller footprint than the 2 i/2 story gabled design. Weinberger stated the Code says 2'/2 stories or a 30 foot height is permitted, whichever is more restrictive. Gaffron stated that the application was precedent setting, and the architect made a compelling argument that 30 feet was more restrictive because it would actually be shorter than the peak of a 2 '/2 story house. Barrett stated the City was concerned with the massing and height of the structure, not necessarily the number of stories. Barrett stated he was concerned that allowing this structure would open the door for someone to request a much larger structure that is 3 stories high. He felt a variance was required to permit 3 stories because of the ordinance. He asked if the design was saving trees. Mr. Peterson stated it was. Mr. Huntress stated the house was designed to nestle its occupants in the trees, so they intentionally used a small footprint and vertical structure. Mr. Peterson stated that because of the required septic mounds and several large oak and maple trees they want to preserve, there is very little room to place the guest house. They only plan to remove about 5 poplars, which would regrow in a short amount of time. Mr. Peterson stated they have used an arborist to help design the house and would use one during construction to insure the trees are not injured. 11 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 . 10. #2650 Kirsten and Patrick Burton, 2601 Rainey Road—Variance/CUP- Continued Sansevere asked about the size of the house. Mr. Huntress stated the vertical portion of the house is 19.5 feet by 19.5 feet, and the first story is 20 feet by 30 feet. A similar 2 1/2 story house would be about 40 feet wide. Flint stated the Council would want documentation about the trees and their drip lines, also the resolution should reflect that the house would be constructed as such specifically to save large trees. Mr. Huntress stated that the railing around the roof was for safety purposes, and they would use a special cable that was not visible from about 50 feet away. Mayor Peterson stated she did not see a hardship for the railing. Flint moved, and Nygard seconded, to allow a second residential unit on the property. Vote: Ayes 5, Nays 0. Flint moved, and White seconded, to require chimney height on the main house to exceed the roof peak by only 2 feet, at a height of 32 feet. Vote: Ayes 5, Nays 0. Flint moved, and Nygard seconded, to deny the request for a 30 inch high railing around the roof of the guest house. Vote: Ayes 5, Nays 0. Flint moved, and White seconded, to have staff draft a new resolution for the next Council meeting that shows a 3 story structure would be permitted because its design saves large trees on the property, reducing its impact on the land. Vote: Ayes 4, Nays 1 ( Nygard). 11. #2651 Robin and Jeremy Bupp, 2696 Caroline Avenue — Variances Mrs. Bupp and Steve Longman, the builder, were present. Weinberger stated that a building permit was issued to the Bupps in June 2000. The house was nearly complete when it was discovered that the shoreline along the next door neighbor's property bends inland and the 75 foot lakeshore setback was not measured properly by the surveyor. The proper setback reduces their hardcover area by approximately 200 s.f. Currently, the applicants were at 100% of the allowed hardcover in the 75 — 200 foot setback zone. 12 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 11. #2651 Robin and Jeremy Bupp, 2696 Caroline Avenue— Variances — Continued The applicants have requested variances to permit additional hardcover on the property for an expansion to the driveway and to construct a lakeside paver stone patio. The total hardcover request is for 350 s.f. Staff has issued a temporary certificate of occupancy. The applicants are required to provide swales around the house, add gutters to the northeast roof line to direct water away from the neighboring house, and install draintile. The exterior improvements cannot be completed until spring when the ground thaws. Staff recommended denial of the application, and suggested a 3 foot by 8 foot landing with a stairway could be constructed to the patio door to provide safe access instead of the requested patio. The Planning Commission voted 4 — 0 to recommend denial of the application. Mr. Longman stated that the Bupps are in an unfortunate situation and feels that the shape of the lot creates a unique hardship. Gary Thompson, attorney for Joseph and Jane Clemons of 2690 Caroline Avenue, stated they believe the Bupps are already over the allowed hardcover. The Clemons' independent contractor came up with different hardcover numbers from the city. He Sstated the Bupp's house will create drainage problems for the Clemons that won't be revealed until the spring thaw. He stated the Bupps have a side door with no walkway and air conditioner wiring with no intact unit that will require a concrete pad. He also stated that the lot was overbuilt and the Clemons object to the retaining wall installed where the patio was to go. 0 Joe Clemons of 2690 Caroline Avenue stated that he has asked for a written drainage plan for a year and has not received one. Gappa stated they have met several times with the Clemons and last Friday a letter was sent to them. Weinberger stated the City would not normally provide that information to neighbors and did not recall the City providing that information in the past. Mr. Clemons stated that the Bupps had agreed to put up gutters before they occupied the house and it hadn't been done. Mrs. Bupp replied that they signed documents with the City stating they would install gutters within 180 days. Weinberger stated the City has provided copies of the plans, including drainage, on several occasions to the Clemons. Mr. Clemons claimed that the Bupps have removed well in excess of 501 cubic yards of dirt without a CUP, and he had a printed article stating a CUP was required for excavation. White asked if the 500 cubic foot limitation was in addition to dirt removed for a basement. Weinberger stated that the Bupps removed a house, then prepared the lot for construction of a new home and the grading on the lot has not changed significantly. He also stated that the ordinance Mr. Clemons referenced applies to construction absent 13 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 11. #2651 Robin and Jeremy Bupp, 2696 Caroline Avenue— Variances — Continued the house. The ordinance allows normal and customary grading in the area of an existing or a newly constructed building without requiring a CUP. Mr. Clemons stated that the Bupps have put in retaining walls that are higher than allowed. He stated the walls should be removed and fill put in, and they should install stairs off their deck instead of off the sliding glass door. He also claimed their house obstructs his view and has damaged his property. Mr. Clemons stated that the Bupps improperly measured the silt line by walking out to the dock and then measuring back. He stated that roof overhang has not been included in the hardcover calculations and should have been. Sansevere asked if overhang was typically included. Gaffron stated that the Code states anything that impedes direct absorption of rainwater is hardcover and overhang is not considered part of the hardcover unless it is supported by posts or a wall. Nygard asked if the hardcover ordinance was a yard requirement. Gaffron stated it was not. He stated the overhang was allowed to encroach 1 Meet into the required yard, that is, into the 10 foot setback from the property line. Sansevere asked if the retaining walls were a hardcover issue. Weinberger stated that 45 • s.f. have been included in the hardcover calculations for the retaining walls. u Mr. Longman stated that Mr. Clemons statements were unfounded and requested that they not vary from the requests before Council. Mr. Clemons reported that Peggy Kadlec of 2726 Caroline Avenue, quoted the builder as saying, "You can try to stop me, but I'm building as fast as I can and once it's built all 1 have to do is get a variance from the City." He also stated that the first footprint was in error and Lyle Oman, the City's Building Official, found that the lakeside structure was 3 feet wider than what the survey had indicated and extended 3 feet beyond the legal setback line. Neither Ms. Kadlec nor Mr. Oman were present at the meeting to comment. Sansevere asked if the retaining walls would remain, even if the 3 by 8 foot landing were allowed. Weinberger stated that the retaining walls would remain and were allowed with the building permit. Mrs. Bupp stated that the retaining walls retain preexisting dirt, they were not filled in behind as Mr. Clemons suggested. Mr. Longman stated that Mr. Clemons' charges were fabrications. He agreed that he hired the surveyor who made the mistake. He stated he did not see how the driveway and patio would impact the neighbors. Mayor Peterson stated that it was a hardcover issue and the City tries to never grant variances to hardcover for new construction on a conforming lot. 14 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 i11. #2651 Robin and Jeremy Bupp, 2696 Caroline Avenue— Variances — Continued Mayor Peterson stated she did not see a hardship to allow the extra driveway and the patio. After some discussion, Council agreed that the Bupps should be allowed the 3 by 8 foot landing for stairs down from the sliding glass door for safety purposes. Anne Wilbur of 1410 Cherry Drive asked if the retaining walls could be removed to gain hardcover. They could not be removed. Lorrie Rejzer of 2715 Caroline Avenue stated that she felt the Council was indulging the applicants after - the -fact, and that the lot was overbuilt. Flint stated that the Council believed the error was on the part of the surveyor and was not fraudulent. The Council was trying to be fair in resolving a tough issue. White stated that the Bupps would be denied their request and only granted a landing for some stairs so they could use their door. He hoped that the neighbors would move on and try to be friendly with the Bupps. Sansevere indicated he could not approve the variance because he did not see a hardship. Nygard agreed. Flint moved, and Mayor Peterson seconded, to allow a 3 foot by 8 foot landing with stairs from the existing door for safety purposes that would be behind the average lakeshore setback, and to deny the request to increase the size of the driveway. • Vote: Ayes 3, Nays 2 ( Nygard and Sansevere). *12. #2652 Ron Lauer for Dennis Anderson, 1720 Bohn's Point Road- Variances— Resolution No. 4606 Flint moved, and Sansevere seconded, to adopt Resolution No. 4606 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 13,045 s.f. (48.7 %) hardcover in the 75 – 200 foot setback zone to construct a paver walkway and outdoor stair addition; Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow a second story addition to the existing residence to encroach 88 feet and 92 feet into the average lakeshore setback. Vote: Ayes 5, Nays 0. *13. #2655 Robert and Nancy Lux, 1209 French Creek Rive— Variance- Resolution No. 4607 Flint moved, and Sansevere seconded, to adopt Resolution No. 4607 granting a variance to Municipal Zoning Code Section 10.56, Subdivision 16(C)(1) to allow replacement of a deck and addition to the west end of the residence that are both located within 150 feet of a Natural Environmental lake. Vote: Ayes 5, Nays 0. 0 15 9 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 *14. #2657 Clifford Otten, 2350 Wayzata Boulevard— Easement Vacation — Resolution No. 4608 Flint moved, and Sansevere seconded, to adopt Resolution No. 4608 approving the vacation of a dedicated drainage and utility easement within Lot 2, Block 1, East Willow Woods. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Peterson stated that the Fire Department Committee was close to determining the appropriate size of the new Fire Department. The Long Lake Fire Chief will be at the next Council meeting to present drawings. Moorse stated that the determined size depends on an accurate cost estimate and expected funds from Mn/DOT. Flint stated that the size and cost are related and he would not approve the fire station at an unreasonable cost. Nygard stated he was concerned about pedestrian crossings in Navarre along County Roads 15 and 19 because of the parks and children running across the street outside of • crosswalks. Nygard stated he was concerned about snowmobile safety on the lake. He suggested the Park Commission look at the issue. PUBLIC SERVICE DIRECTOR'S REPORT None. CITY ADMINISTRATOR'S REPORT 15. Scheduling of Work Session The Council agreed to hold its Work Session on February 22, 2001 at 3:30 p.m. CITY ATTORNEY'S REPORT None. • 16 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • *16. LICENSES Flint moved, and Sansevere seconded, to approve the following licenses. Vote: Ayes 5, Nays 0. GAMBLING PERMIT — RESOLUTION NO. 4609 1. Orono Ice Arena, Inc. Bantam A Regional Hockey Tournament Orono Ice Arena -1025 Old Crystal Bay Road March 4, 2001 SPECIAL EVENT 1. Wells Fargo Bank Minnesota, N.A. Half Marathon Race Race Route: Start at Norwest Bank Wayzata, Lake Street to Ferndale Road to County Road 15 to Orono Orchard Road to Fox street to Old Crystal Bay Road to County Road 51 to County Road 19 to Northview Road to Lake road to County Road 15 to Old Beach Road to County Road 19 to Beehrle Avenue to the Southwest LRT Trail to Water Street. Finish at Nonvest Bank Excelsior. • Sunday, May 6, 2001 8:00 a.m. –11:00 a.m. CIGARETTE LICENSE 1. Kenneth Galloway Wayzata Country Club 4. Daniel Scherven 200 West Wayzata Boulevard Navarre Lanes, Inc. 3425 Shoreline Drive 2. Timothy Ivory Spring Hill Golf Club 5. Grant Wenkstern 725 Sixth Avenue North Lake%-iew Golf of Orono, Inc. 710 North Shore Drive West 3. LeRoy Koehnen Navarre Amoco 3360 Shoreline Drive 0 *17. BILLS Flint moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. 17 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 1] ADJOURNMENT The meeting was adjourned at 11:30 p.m. ATTEST: Li da S. Vee, City Clerk r� LJ • 18 Barbara Peterson, Mayor