HomeMy WebLinkAbout07-28-2003 Council Minutes0
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
ROLL
The Council met on the above mentioned date with the following members present: Mayor Barbara
Peterson; Council Members Jim Murphy, Bob Sansevere, and late arrival Jim Murphy; City
Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning
Director Mike Gaffron, Planners Melanie Foth and Janice Waataja, City Engineer Tom Kellogg,
Public Service Director Greg Gappa, and Recorder Kristi Anderson.
Mayor Peterson called the meeting to order at 7:00 P.M.
CONSENT AGENDA
1. Approve /Amend
Council members added items #12, 18, 19, and 20 to the Consent Agenda.
White arrived at 7:03 P.M.
Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE:
Ayes 4, Nays 0.
APPROVAL OF MINUTES
• *2. Regular Council Meeting of July 14, 2003
Murphy moved, Sansevere seconded, to approve the Minutes of the Regular Council Meeting
of July 14, 2003 as presented. VOTE: Ayes 4, Nays 0.
2A. PRESENTATION BY DJ GOMAN — LONG LAKE FIRE EQUIPMENT
DJ Goman, of the Long Lake Fire Department, gave a presentation regarding a new piece of
equipment needed by the Fire Station, a heavy rescue fire truck. He reviewed the specifications for
the City Council, which included, a 24' box able to accommodate fire assistance equipment, water
rescue rubber stilts, and auto accident extraction tools. He explained that the non -water carrying
vehicle would provide a command post for accident scenes, as well as, a light tower to illuminate
accident scenes. The vehicle would utilize a standardized commercial size chassis with roll -up
cabinet doors. Goman stated that the current 1978 model `bread truck' is inadequate for many
reasons, it does not meet OSHA standards, provides no seatbelt constraints, is outdated, and the
cabinet doors open en route to accident scenes spilling their contents. Although the Fire
Department has been given approval by the Fire Advisory Board to proceed, Goman indicated that
they need a motion from each of the Orono, Medina, and Long Lake Councils to move forward
with the bid process. He indicated that the projected timeframe would be to have the vehicle by the
end of the year.
Mayor Peterson explained that both she and Murphy were present during the Fire Advisory Board
meeting and endorsed the purchase of the command post vehicle as part of the capital improvement
. plan for the Long Lake Fire Department.
PAGE 1 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m. •
(LONG LAKE FIRE EQUIPMENT PRESENTATION — Continued)
As this was the first he'd heard of it, Sansevere questioned when it was determined this purchase
was necessary and whether the piece of equipment was a standard piece for departments today.
Goman indicated that it had been a scheduled purchase for quite some time and that it was a
standard vehicle for most departments today. He explained that the department had been using a
smaller makeshift utility vehicle to assist in extractions at accident sites, fire rescues, and water
rescues; however, this was not effective. He stated that the larger size is necessary for growth to
house the equipment needed for various types of rescue and the coordination of communication.
White questioned what the estimated purchase price might be.
Mayor Peterson indicated that the figures are unknown and granting approval to set the truck out
for bid will provide those numbers.
White questioned whether fire departments have stats and floor plans for Orono if they are assisting
in those rescues. He suggested that the City require builders to supply the blueprints or floor plans
to the fire department to assist them in fire and rescue efforts should the need arise.
Goman stated that the current plan for the command center is to incorporate some of those
computerized capabilities thru a CAD system with updated plans for some buildings.
Murphy complimented Goman on his presentation and ongoing efforts to research the most suitable •
vehicle for the job. He indicated that the replacement truck had been in the capital plan for 10
years and that, by using a standardized truck chassis, maintenance costs will be reduced. He noted
that some important items have been included and others eliminated, such as the need for air pack
refills, as other departments can be called in with those amenities.
Mayor Peterson moved, White seconded, to authorize the Long Lake Fire Department to put
the truck out for bid according to the specifications presented with ad alternates. VOTE:
Ayes 4, Nays 0.
Mayor Peterson noted that Medina and Long Lake would also be voting to move forward with the
truck bid process.
PARK COMMISSION COMMENTS — Irene Silber
Silber stated that she had no new comments.
White shared that the Three Rivers Park District recently discussed all trails in their district and
acknowledged the fact that the Orono trail system is one of the few used for shopping trips.
PLANNING COMMISSION COMMENTS - J. Mark Fritzler
As Fritzler was unable to attend, Murphy and White indicated that they had both attended the
recent Planning Commission meeting and would be able to comment if necessary. •
PAGE 2 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
PUBLIC COMMENTS
There were none.
ZONING ADMINISTRATOR'S REPORT
*3. #02 -2809 RICK STERLING, 1300 VINE PLACE — VARIANCE AMENDMENT —
RESOLUTION NO. 5008
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5008, a Resolution
granting an average lakeshore setback variance for 1300 Vine Place. VOTE: Ayes 4, Nays 0.
4. #03 -2895 GARY GERMUNDSEN, 4101 HIGHWOOD ROAD - VARIANCE
Waataja reported that the applicant had requested the following variances to construct a
12'X12' deck on the lakeside of the new residence. 50.5% hardcover in the 75 -250' zone
(46.8% currently exists) where 25% is allowed and 1,708 s.f. of structural coverage (1,528
currently exists) where 1,500 s.f. is allowed.
Waataja stated that staff would recommend denial of the request based on Resolution
#4645 which approved variances allowing construction of the existing house, limiting the
• applicant to 40% hardcover. Furthermore, denial of the request would be recommended
since, as it currently exists, the home is over on lot coverage by structures and never
received a variance. The Planning Commission concurred with staff and voted 7 -0 to
recommend denial of the hardcover and structural coverage variances finding no viable
hardships to support the variance requests.
In addition, when reviewing hardcover calculations, Waataja pointed out that retaining
walls were added at the time of construction to ensure proper drainage and were not
proposed with the initial renewal variance review process. The driveway also appears
larger than what was depicted on the original survey.
Currently, the home is in excess of the Lot coverage by structures by 28 s.f., at 1,528 s.f.
This was a result of a modification to the plan upon construction of the home. Waataja
stated that the modifications include the 1.5'X12' two story bump -out and enlarged deck
entry. The applicant is proposing a second story deck and stairway off the lakeside of the
home greater than 6' off grade; therefore, it would be included in the lot coverage by
structures figure.
Germundsen stated that he bought the home with the structure and plans done. He noted
that the plans did not accommodate well for water runoff, since most of the water from
Highwood Road runs between he and his neighbor's property. He indicated that he had
nothing on the property to trade for the deck and believed that the deck would provide him
with an additional fire safety access. Germundsen maintained that the small lot was zoned
• too large for what it could accommodate and shared letters from both his neighbors in
PAGE 3 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m. •
(GARY GERMUNDSEN, 4101 HIGHWOOD ROAD, Continued)
support of his application. Germundsen also pointed out that his neighbors on either side
protrude 15 -25' further into the average lakeshore setback than his home. Finally, he stated
that due to the narrowness of Highwood Road, parking is a hardship that deters him from
being able to eliminate any more of his driveway than necessary. He repeated his request
for approval of the deck which would protrude a mere 9' from the house structure.
White questioned why the home was built further back than the average lakeshore setback.
Gaffron pointed out that the steep drop in the topography of the site limited the building
pad, as did the desire to keep the driveway short to obtain more space for the home itself.
Sansevere asked staff if they had heard anything from the applicant which would cause
them to change their opinion or recommendation.
Gaffron stated that the home should have been designed smaller from the beginning to
accommodate a deck. He maintained that early decisions in the design precluded the
applicant from adding a deck now and that no viable hardship exists to support the request.
Murphy stated that, having sat in on the Planning Commission discussion, he concurred •
with their opinion that the lot had been maxed out. While the lot is narrow and he could
appreciate the applicant's desire for a deck, there was no where to reduce hardcover or no
viable hardship.
Mayor Peterson recalled the original 2001 application and questioned whether the sliding
doors were present and how they would be blocked off now.
Gaffron stated that the sliding doors were not part of the original plans and that they would
need to be blocked off with a rail system 6" out.
Germundsen stated that the other planner he worked with in 2001 indicated that he would
likely be able to apply for a variance for his deck later, once his original plans were
approved.
Gaffron stated that the conversation the applicant was referring to had not been
documented; therefore, he could not comment why this would have been said. Gaffron felt
that recommendation was out of character from what planners typically suggest.
Mayor Peterson questioned the need for safety access.
Germundsen asked to be allowed an additional emergency exit to his second story living
space.
0
PAGE 4 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
(GARY GERMUNDSEN, 4101 HIGHWOOD ROAD, Continued)
Gaffron stated that the building code does not require access for exiting the home there and
suggested the applicant look into a rope ladder exit.
Mayor Peterson stated that she was unwilling to allow the additional hardcover over the
existing 1,528 s.f., noting small lot — small house.
White recognized the applicant's dilemma, with no hardship or hardcover to remove, he
found it difficult to support the request.
Gaffron pointed out that the existing home differs than the original plan, including egress
and bump -out windows, as well as, retaining walls. He noted that the driveway is gravel
and still to be paved sided by green space. While he acknowledged that staff could accept
the changes that occurred during construction, they could not support the addition of a
deck.
Sansevere moved, Murphy seconded, to deny Application #03 -2895, Gary
Germundsen, 4101 Highwood Road, a request for variances to construct a 121X12'
deck on the lake side of the new residence. VOTE: Ayes 4, Nays 0.
• 5. #03 -2904 RICHARD S. BROWN, 1300 SHORELINE DRIVE — AFTER -THE -FACT
VARIANCE
•
Gaffron explained that the applicant requested an after- the -fact variance for certain
retaining wall setbacks on the property, and a hardcover variance for excessive hardcover
in the 500 -1000' zone. This item was tabled at the June Planning Commission meeting to
allow the applicant to explore ways to reduce the excess hardcover.
Allowed = 35% = 6,785.6 s.f.
Existing = 50.8% = 9,860 s.f.
Initial Proposal = 45.9% = 8,908 s.f.
Revised Proposal = 39.7% = 7,693 s.f.
Gaffron indicated that the applicant has made a good faith effort to reduce hardcover by
eliminating the circle driveway and replacing it with a walkway and stairs in the front yard,
and establishing parking spaces near the lower driveway. After working with a landscape
architect, the applicant determined that removal of the circular drive could result in a
positive impact to the property and result in a hardcover reduction of 2,167 s.f., yielding a
final 500 -1000' hardcover of 7,693 s.f. or 39.7 %.
At its July 21, 2003 Planning Commission Meeting, the Commission reviewed the revised plans
and on a vote of 5 -2 recommended approval of the revised plan for 39.7% hardcover subject to the
following conditions:
PAGE 5 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m. .
(RICHARD S. BROWN, 1300 SHORELINE DRIVE, Continued)
1. Existing encroachments of wetland or required wetland setbacks by retaining walls, fill or
paved surfaces shall be removed.
2. Retaining walls shall be removed wherever they extend outside the property boundaries,
and any walls to remain within 5' of the lot lines should be reviewed by staff to determine whether
they are needed to support steep slopes or whether they are purely aesthetic in nature, and those not
necessary to support the topography of the site shall be removed.
3. All landscape beds lined with fabric or plastic shall have such liner removed.
The minority opinion of the Planning Commission was that the removals did not reach the 35%
limit established by code and they failed to see a hardship supporting the variances.
Gaffron explained that staff believed the applicant had made a good faith effort to reduce hardcover
to 39.7 %. He indicated that if the Council concludes that the unique circumstances regarding the
history of this property could be deemed as a hardship, then approval of the after - the -fact variances
per the revised removal plan would be in order.
Mr. Brown stood for questions, commenting that he was disappointed with the process this
application had taken, although he felt that Gaffron had been fair and reasonable throughout.
With regard to the history of this property, Murphy stated that the City had always had a difficult
time with the previous owner, which was no reflection on Mr. Brown. He believed the City had •
ample opportunity to inspect the work in progress and that it was unfortunate that neighbors' calls
that things were out of control were not followed up on. He was bothered by the fact that the
hardcover was way over after construction was complete, that the owner/builder had taken the City
for `a ride', and that the new owner was left holding the bag.
Brown questioned that, despite the neighbor's concern, when he called one month prior to closing
on the property, the City did not express concern and told him that electric inspections etc. were all
that remained. He felt the City had plenty of opportunity to catch this before it got to the point it
was at when he purchased it.
White stated that he believed Brown had gone to great lengths to reduce the hardcover by 20 %, and
agreed that the City did have chances to correct this problem earlier. He indicated that the Planning
Commission spent much time debating the application and that he agreed with the
recommendation.
Mayor Peterson, too, saw the Planning Commission discussion and agreed that what the applicant
had done was fair. Having driven past the home during construction, she questioned why it was
never checked over a year period. She complimented the applicant for making the best of a bad
situation.
Sansevere believed approving the application would not set any precedent, based on the history and
unique set of circumstances surrounding the property which justified the hardship.
•
PAGE 6 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
(RICHARD S. BROWN, 1300 SHORELINE DRIVE, Continued)
Gaffron pointed out that some of the hardcover was not in place until the end of construction and
agreed that the City did have some culpability, since the site was not inspected for over one year
and neighbors had called to complain, although not necessarily about the hardcover specifically.
Murphy encouraged staff to draft a resolution that makes it clear to builders that they cannot pull a
stunt like this and the City will allow it on behalf of the new owners.
Attorney Barrett commented that this is the third time this same issue has been addressed recently.
He reminded the Council that hardships extend from the land and that it is difficult to assign
hardships to circumstances.
Mayor Peterson stated that she viewed the application differently than the previous applications,
since this is the new owner versus a current builder /owner.
White suggested the City consider invoking some kind of financial penalty to builders who
disregard or go beyond what is allowed.
Sansevere agreed, stating that some communities do have fine provisions.
Barrett acknowledged that this is becoming a problem and suggested the Council determine a way
• to gain control of the issue.
Murphy moved, Mayor Peterson seconded, to approve the Planning Commission
recommendation for Application #03 -2904, Richard S. Brown, 1300 Shoreline Drive,
approval of after - the -fact variances for the revised removal plan, subject to conditions noted,
acknowledging that the hardship is granted solely on specific circumstances of this case, as
the owner was not the builder or owner at the time, but trying to accommodate the hardcover
provisions after the fact. In addition, noting that the City will take a look at the process used
to work with builders in the future.
Brown suggested the City look at its process, since he was merely called by the City Attorney at
4PM the night before his closing and told there were problems, long after his first inquiry. He
noted, too, that the City Attorney was hesitant to even tell him, the potential owner, what was
wrong. He pointed out that a pump station exists directly across from the property and felt there
was many opportunities for the City to have seen red flags.
Attorney Barrett indicated that he had asked to speak to Brown's attorney, since it would be
considered unethical to speak to him if he had representation.
VOTE: Ayes 4, Nays 0.
*6. #03 -2906 RICHARD ROBERTS, 1937 FAGERNESS POINT ROAD — AFTER -THE-
FACT VARIANCES — RESOLUTION NO. 5009
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5009, a Resolution
• granting approval of a two- tiered retaining wall replacement on house side of road, with
PAGE 7 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m. •
(RICHARD ROBERTS, 1937 FAGERNESS POINT ROAD, Continued)
landscaping/screening to soften the visual impact; denial of the variance to allow the
retaining walls on the lakeside of the street; however, approval to construct a 4' side
stairway, 10 cubic yards of fill in the 0 -75' zone to allow that area to become lawn, maintain
the slope, and revegetate slope. VOTE: Ayes 4, Nays 0.
7. #03 -2907 JEFF AND CARA ZIEBARTH, 720 NORTH ARM DRIVE - VARIANCES
Gaffron stated that the applicants provided a new plan on July 14 for review by the
Planning Commission at its July 21 Meeting which reduced the number and magnitude of
variances needed to construct a second story addition and attached garage to the existing
residence. The variances required by the most recent revised plan include:
1. Second story structure encroaching within 0 -75' setback zone, 65' from shoreline.
2. Second story structure encroaching 4.3 feet from left side lot line.
3. Second story structure encroaching 2.4 feet from right side lot line.
4. Attached garage addition and grading 6 feet from left side lot line (rather than 4') and
moved back toward existing house footprint to avoid encroaching sewer line
easement.
5. Remove existing 423 s.f. deck in 0 -75' zone, replace with a smaller 95 s.f deck still
slightly encroaching average setback line. •
6. Hardcover in 0 -75' zone will be reduced from 1058 s.f. (29.4 %) to 535.31 s.f. (14.8 %)
where no hardcover is allowed, by reducing deck steps and concrete slab areas.
7. Hardcover in 75 -250' zone will be reduced from 2257.1 s.f. (51.9 %) to 1961.38 s.f.
(45.1 %) where 25% is normally allowed.
Changes not requiring variances include:
> Lot coverage by structures reduced from 1870 s.f. (23.5 %) to exactly 1500 s.f. where
1500 s.f. is allowed (no variance required).
> Total hardcover as a percent of 75 -250' zone will reduce from the existing 3315 s.f.
(76.3 %) to 2496 s.f. (57 %).
Gaffron indicated that the Planning Commission voted 7 -0 to make the following
recommendation:
1) Denial of the 4' side setback variances for the attached garage addition to encroach
within 6' of the left lot line, as it could be still shifted to meet a 10' setback with some
interior design changes.
2) Denial of the side setback variance for second story of structure to encroach within 4.3'
of left side of lot line, and 2.4' of right side lot line, because the resulting structure
would tend to overshadow adjoining properties and lead to future maintenance issues.
3) Approval of the second story addition encroachment of the 75' lakeshore setback, 65'
from the shoreline.
PAGE 8 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
(JEFF AND CARA ZIEBARTH, 720 NORTH ARM DRIVE, Continued)
4) Approval of the hardcover variances as proposed, as this plan reflects what appears
to be the minimum hardcover necessary to support a reasonable residence on
the property as follows:
a) Hardcover in 0 -75' zone will be reduced from 1058 s.f. (29.4 %) to 535.31 s.f.
(14.8 %) where no hardcover is allowed, by reducing deck steps and concrete slab
areas.
b) Hardcover in 75 -250' zone will be reduced from 2257.1 s.f. (51.9 %) to 1961.38
s.f. (45.1 %) where 25% is normally allowed.
5) Applicant must provide a suitable drainage plan to be developed prior to review by the
Council.
6) Approval of the removal of the existing 423 s.f. deck in 0 -75' zone, subject to
replacement with a smaller 95 s.f. deck as proposed, still slightly encroaching the
average setback line.
Gaffron pointed out that neighbors were present during both the recent Planning Commission
Meetings and objected to the 2.4' and 4' variances from the side lot lines. He indicated that, if the
structure were a tear down, the new home would need to be built 10' from either side on a 40' wide
• lot.
Ms. Ziebarth had nothing to add. She pointed out that they had redesigned the home to meet the 10'
setbacks as required by staff and the Planning Commission. She asked that they be allowed a bit of
leniency for the overhangs of the house, since they had gone to great lengths to meet the other
restrictions.
•
Mayor Peterson indicated her support for the revisions and asked Gaffron if he had the newest
plans.
Gaffron stated that he would review the plans and could support an overhang encroachment.
Greg Harding, 700 North Arm Drive, asked if the current grading plan met with the engineer's
approval.
Gaffron indicated that he believed the drainage plan could be accomplished based on the reduction
in hardcover and assured the neighbor that it would be reviewed.
Kirk Ottesan, 710 North Arm Drive, asked if the new plan would meet the side setback
requirements.
Gaffron stated that he would meet with the applicants; however, the new plan could be tweaked to
do so.
PAGE 9of18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m.
(JEFF AND CARA ZIEBARTH, 720 NORTH ARM DRIVE, Continued)
White moved, Sansevere seconded, to approve Application #03 -2907, Jeff and Cara Ziebarth,
720 North Arm Drive, subject to the Planning Commission recommendations 1 -5 a and b,
and 6, to construct a second story addition and attached garage to the residence. VOTE: Ayes
4, Nays 0.
*8. #03 -2909 PLEKKENPOL BUILDERS INC. ON BEHALF OF TOM MCGLYNN, 3980
DAHL ROAD, - AFTER -THE -FACT VARIANCES — RESOLUTION NO. 5011
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5011, a Resolution
granting the replacement of the renovated boathouse structure to its pre - existing location for
unique reasons documented in the resolution. VOTE: Ayes 4, Nays 0.
*9. #03 -2910 WAYNE AND ANNE JOHNSON, 1225 LAKEVIEW AVENUE — VARIANCE
— RESOLUTION NO. 5010
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5010, a Resolution
approving a side yard variance to encroach 15' into the side yard setback where a 30' setback
is required for the residence located at 1225 Lakeview Avenue. VOTE: Ayes 4, Nays 0.
*10. #03 -2911 PETER AND LISA RYSKAMP, 1080 WILDHURST TRAIL —
CONDITIONAL USE PERMIT — RESOLUTION NO. 5012 •
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5012, a Resolution
granting a Conditional Use Permit to allow the replacement of an existing permanent piling
dock which is deteriorating and poorly located in relation to neighboring docks for the home
located at 1080 Wildhurst Trail. VOTE: Ayes 4, Nays 0.
*11. #03 -2912 MARVIN AND MARY SMITH, 1940 COUNTRY CLUB ROAD — VALANCE
— RESOLUTION NO. 5013
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5013, a Resolution
granting side /front yard setback variances for the property located at 1940 Country Club
Road. VOTE: Ayes 4, Nays 0.
*12. #03 -2913 STEWART AND GINA HANSEN, 583 PARK LANE — VARIANCE —
RESOLUTION NO. 5014
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5014, a Resolution
granting approval of the 5' side yard variance subject to the applicants making a further
reduction in hardcover by matching the square footage reductions approved for their
lakeside deck. VOTE: Ayes 4, Nays 0.
Cl
PAGE 10 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
*13. #03 -2915 NORTHERN SUNROOMS, INC. ON BEHALF OF SCOTT UDELL —
2166 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5015
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5015, a Resolution
granting approval of the 8' variances from the average lakeshore setback and the 2' variance
for the eave encroachment for the property located at 2166 Shadywood Road., VOTE: Ayes
4, Nays 0.
14. #03 -2916 PHILLIP SMITH, 2600 WEST LAFAYETTE ROAD — VARIANCE
Gaffron explained that the applicant requests a lakeshore setback variance to construct a
second story addition partially within 75' of the shoreline, and hardcover variances for an
attached garage and a porch addition. The applicant has proposed to remove 1 s.f. of
existing 0 -75' hardcover for each 2 s.f. of proposed new hardcover in the 75 -250', i.e. a 1:2
removal ratio which would result in a 300 s.f. net increase in hardcover on the site.
Gaffron indicated that the Planning Commission reviewed this item on July 21 and
recommended approval of the upper level additions in the 0 -75' zone, finding that the
visual impact of those additions is decreased by constructing them in a % story
configuration, and noting that the existing home being partially in the 0 -75' zone is the
• hardship.
In addition, the Planning Commission further recommended that a hardcover variance be
approved for the porch and garage additions only in conjunction with concurrent removals
of hardcover in a ratio of 1:1 to result in no net hardcover increase on the site. The
Planning Commission also recommended that the shed in the 0 -75' setback zone be
removed as part of the removals and that all landscape plastic /fabric be removed.
Gaffron acknowledged the memo of support from the applicant's neighbors.
Murphy asked how the 600 s.f. would be removed from the site.
Gaffron indicated that, likely, the shed of 100' would be removed from the 0 -75'. He noted
that removals from the 75 -250' were difficult to come up with, since much of the home is
located in the 0 -75' zone and because the driveway accesses a private driveway /roadway
with limited parking. He noted that the applicant would probably lose much of his patio.
Smith reminded the Council to consider the uniqueness of his lot, which it is in character
and reminiscent to the 1950's style of the lake. He noted that it is more than 300' to the
nearest public right of way for additional parking; therefore, he found it difficult to remove
significant portions of his driveway. Smith pointed out that if his home were on a
conforming 1 acre parcel, it would be allowed 7,800 s.f. of hardcover, and if it v4-cre a tear
down it would be easier to reduce hardcover. He maintained that his home was not a tear
• down and, in fact, unique in that it was not another tall structure. He argued that the City,
PAGE 11 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m. •
(PHILLIP SMITH, 2600 WEST LAFAYETTE ROAD, Continued)
with its existing codes, is forcing people to build a bunch of tall tight structures on the lake
by requiring 25% in the 75 -250' etc. He questioned whether this was good for the
character of the lake community.
Beyond reductions in hardcover, Smith indicated that he would be willing to redirect water
flow from his home away from the lake via downspouts which would run to the back side
of his property. He asked that, if he was required to remove 300 s.f. or more, that he
choose how it be removed from the 0 -75' versus being forced to remove the shed which
compliments the house.
Smith acknowledged that the Planning Commission told him the Council would likely turn
him down, but he wished to present his case nonetheless. He felt his home and addition
maintained the original lake character of the lake as designed and asked to be given his
variances.
Murphy questioned whether water diversion could really help offset the hardcover as
proposed.
Gaffron pointed out that water runoff either runs toward the lake or away from the lake on •
this site and could all be directed one way or the other. He stated this is unique to this site,
in that water could infiltrate before it hits the lake.
Smith stated that the patio is stone with adequate spacing for infiltration, he reiterated that
his was not a grand home.
White questioned whether the City had ever entertained removal ratios of other than 1:1 in
the past.
Gaffron stated. that, typically, the City has gone for 1:1 ratios to obtain equal trades. He
indicated that he would have to struggle to find any other similar cases historically.
Sansevere asked if it could be done 1:1.
Gaffron stated that patio removals could be made, perhaps some driveway removals, but
few others.
White suggested the applicant remove a portion of the driveway and allow people to park
on the grass as he does.
Smith stated that his screened in porch was a more important feature than the others. He
asked, if the City was not willing to accept anything other than a 1:1 removal ratio, even
though his lot was annexed to the City from Navarre and legally platted as it was, was •
PAGE 12 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
(PHILLIP SMITH, 2600 WEST LAFAYETTE ROAD, Continued)
allowed less hardcover than other surrounding communities, and not a big apparent
hardcover issue, how they would suggest he proceed.
Gaffron stated that the hardship is limited, since the home is being put to a reasonable use
as it exists. He believed some reductions could be made in the 0 -75' zone, but also
recognized the points made by the applicant that Orono's standards are difficult to meet.
He agreed that, unfortunately, hardcover often forces people to build up which causes
massing concerns.
Murphy empathized with the applicant, acknowledging that the house is placed nicely on
the lot. He recognized that the City seems to be creating a situation that the nice ramblers
of this type will soon disappear to be replaced by tall stovetops unless the City can begin to
find real ways to remove hardcover issues. He believed he must concur with the Planning
Commission recommendation and suggested the applicant consider other options for
removal.
White liked the proposed improvements and felt stuck between setting a new precedent,
even though redirection of water flow might warrant an even greater than 1:1 removal
is ratio.
Mayor Peterson stated that she was also leaning towards the Planning Commission
recommendation.
Smith asked if he were to build the porch initially, whether he could be allowed to do some
nips and tucks to his proposal on the left side. He asked if the Council would allow him to
remove the equal amounts of hardcover from his property wherever he was able to do so,
be it the lakeside, backside, etc. to complete construction.
The Council agreed.
White moved, Murphy seconded, to approve Application #03 -2916, Phillip Smith,
2600 West Lafayette Road, granting the upper level additions in the 0 -75' zone and
variances for the staged porch and garage additions in conjunction with concurrent
removals of hardcover in a ratio of 1:1 to result in no net hardcover increase on the
site. VOTE: Ayes 4, Nays 0.
*15. #03 -2918 BRUCE SINGER, 330 TONKA AVENUE — VARIANCE —
RESOLUTION NO. 5016
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5016, a Resolution
granting the lot area and lot width variances to construct a 2260 s.f. single family home at 330
• Tonka Avenue on the .43 acre lot with a defined width of 150'. VOTE: Ayes 4, Nays 0.
PAGE 13 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m.
*16. #03 -2921 STUART MACDONALD, MACDONALD AND MACK
ARCHITECTS, LTD. ON BEHALF OF EDWARD HAMM, 485 ORONO
ORCHARD ROAD SOUTH — CONDITIONAL USE PERMIT — RESOLUTION NO.
5017
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5017, a Resolution
approving the Conditional Use Permit subject to meeting the 50' rear yard setback
requirement, which is the only standard required by the Zoning Ordinance, for the property
located at 485 Orono Orchard Road South. VOTE: Ayes 4, Nays 0.
*17. #03 -2924 TODD SMITH ON BEHALF OF JIM AND JULIE HARSTAD, 4550
WOLVERTON PLACE — VARIANCE — RESOLUTION NO. 5018
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5018, a Resolution
granting the After - the -Fact variance to construct an accessory gazebo /shed structure nearer
to the street lot line than the existing residence located at 4550 Wolverton Place. VOTE: Ayes
4, Nays 0.
MAYOR/CITY COUNCIL REPORT
11
Murphy reported that he had been contacted by Mrs. Dahlquist, the corner neighbor at
Willow and County Road 6, to inform him of two serious accidents at the intersection this •
past week. The motorcyclist from the accident is in serious condition and Mrs. Dahlquist
was concerned about the traffic and speed along those roadways. Murphy encouraged staff
to double its efforts with the County to measure the traffic counts and correct the
intersection. He expressed concern that the only way to obtain authorization for a
semophore is to get the car count up, but questioned the logic, when our efforts should be
to save lives.
Moorse summarized the progress on the Willow and County Road 6 intersection. While he
indicated that ongoing discussions with the County show that the corner falls short of the
warrants for a signal, he noted that the City would be conducting a feasibility study to put
in turn lanes next year. He stated that the City plans to do as much prep work as it can for
the eventual installation of signals. He stated that they will continue to monitor traffic
counts and pursue posting some signage, although the County does not believe signage to
be helpful. Moorse pointed out that, in fact, the City is considering installing a four way
stop sign at the intersection; however, traffic backups might be an issue.
Sansevere questioned where or how most of the accidents occur.
Gappa stated that accidents occur east and westbound on Willow, as well as, north and
southbound on County Road 6.
0
PAGE 14 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
(MAYOR/CITY COUNCIL REPORT, Continued)
Moorse stated that the County has indicated that this intersection is not one of their
priorities in comparison to many others. He asked Gappa how the accident rate plays into
the list of priorities.
Gappa stated that the intersection falls in the above average category; however, is not high
enough to warrant a signal. He indicated that more and more people call about this
intersection, and at the risk of inconveniencing motorists, they may need to post the stop
signs to save lives; even at the risk of upsetting commuters who will have to wait at the
signs. He was confident it would not be long until the City met the traffic counts and speed
to warrant the signal lights.
Moorse indicated he would talk to Police Chief Good about additional speed enforcement
and us of the speed traffic trailer.
Sansevere agreed that a stronger police presence would impact speeds in a hurry.
White reported that he had accompanied the Minnesota Historical Society on a tour of
several lake structures, including the Cable ice house, Casco Point, etc. He stated that the
. initial reaction of the Historical Society was that the ice house was 70 years old and they
would report back to the City within a few days as to their opinion.
Sansevere stated that, in his opinion, these old structures add to the charm and character of
the lake. He felt the City should spend some additional time discussing the possibility of
exempting some of these structures from the hardcover requirements in order to preserve
that era of the lakes history regarding its historical significance.
Gaffron acknowledged that the City still must perform an inventory to determine what is
worth saving and define standards that the City wants to use in its determination whether
something stays or goes. He suggested the City consider whether they would like to own
these things.
Mayor Peterson reported on a recent LMCD meeting she had attended. During the
meeting, the LMCD passed a resolution saying that the water patrol could install buoys for
a third and fourth safety channel. In addition, she reported that discussion took place
regarding the installation of a line of yellow shoreline buoys, or `no anchoring zone'. She
indicated that more would be discussed at the August 23 -27 meeting.
Sansevere stated that he was not in favor of the shoreline `no anchoring zone' prohibiting
boat parking near the shore. He felt that to be a safety hazard and discouraging to all
families who want to frequent Big Island. He agreed that enforcement of the 4 channels
would be critical to their success, but was concerned where and what impact the shoreline
• corridor might have.
PAGE 15 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m. •
(MAYOR/CITY COUNCIL REPORT, Continued)
White believed tickets should be written to those in violation, or anchor ropes cut of those
who choose not to follow the regulations.
PUBLIC SERVICE DIRECTOR'S REPORT
*18. SPATES AVENUE LIFT STATION CONTROL PANEL
Murphy moved, Sansevere seconded, to accept the quotation from Electric Pump,
Minneapolis for Spates Avenue Lift Station Control Panel Replacement in the amount of
$19,926 to be funded from the Sewer Fund with approval of a Sewer Fund budget adjustment
to reflect this expenditure. VOTE: Ayes 4, Nays 0.
*19. REQUEST FOR PAYMENT #2 — SCADA SYSTEM
Murphy moved, Sansevere seconded, to approve the Request for Payment Number 2,
SCADA System Project to Automatic Systems Company in the amount of $61,081.20. VOTE:
Ayes 4, Nays 0.
CITY ADMINISTRATOR'S REPORT
*20. REQUEST FOR PAYMENT — NAVARRE FIRE STATION •
Murphy moved, Sansevere seconded, to approve the request for payment of Payment
Application No. 1 for the Navarre Fire Station, in the amount of $24,312.28, to DEW
Corporation, the General Contractor, to be funded from the Navarre Fire Station
Construction Account. VOTE: Ayes 4, Nays 0.
21. LONG LAKE FIRE STATION STORMWATER DRAINAGE OPTIONS
Murphy implored the Council to give further consideration to their options, and not vote
for option 1 simply because of the price tag. He reminded the Council that the City has
spent $3 million on this fire station and should ensure that the right solution is done, not
just the cheapest. He maintained that Rochon did not meet the design, that the curb needs
to be redone, and more investigation needs to occur. He believed that the City needs to
have a grasp of what else is going on, and take a measured approach of its options.
Sansevere asked if the City could begin with option 1 and flow into option 2 if it is
necessary. He asked why they should discount Bill Wolters suggestions.
White agreed that there was not enough information in front of the Council for them to
make an informed decision. He felt the options were too broad, jumping from $8,000-
$35,000.
C�
J
PAGE 16 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
• 7:00 o'clock p.m.
(LONG LAKE FIRE STATION STORMWATER DRAINAGE OPTIONS, Continued)
As is not currently the case, Murphy maintained that the City needs to have the north
corner built right. He pointed out that many `experts' and others disagree on what is an
adequate solution. He asked the Council to avoid making a decision in a big hurry without
adequate information. He wondered if the observations made by laymen all along may
have been right.
Gappa stated that he, Engineer Kellogg, and Moorse had visited the site that morning to
see whether option 1 or 2 was better than the other. He indicated that they believed more
information was necessary to make that recommendation.
Mayor Peterson indicated that she would discuss the options and situation with Mayor
Shafer later in the week.
Moorse indicated that the entrances on the north, west, and east, were all in need of a
solution. He stated that if Option 1 or 2 are to be considered, the City needs to take a look
at the different slope grades to determine how it was supposed to have worked. He stated
that it may end up costing $35,000 to get the slope steeper and directed away from the
building. He acknowledged that there was much work to be done, that the curb, concrete,
• part of the roadway, etc. would need to be torn out and he wanted to ensure that what is put
back is appropriate.
E
Murphy moved, Mayor Peterson seconded, to table the selection of an option for
addressing site drainage issues at the north side of the Long Lake Fire Station.
VOTE: Ayes 4, Nays 0.
Murphy reiterated that there are serious problems with the north, west, east, and backside
of the building and suggested a survey be done for the whole site.
Moorse stated that the City needs to ensure that they have a representative present
throughout the entire process on behalf of the city's interests.
CITY ATTORNEY'S REPORT
Attorney Barrett indicated that the City would be pursuing litigation against the Cables.
White asked that the fence be included in the list of items not removed to date.
PAGE 17 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 28, 2003
7:00 o'clock p.m.
*22. LICENSES
SPECIAL EVENT PERMITS
1. Applicant:
Maria Swenson
Event:
Birthday Party and Live Music for 50 — 75 Guests
Location:
875 Forest Arms Lane
Date:
Saturday, August 9, 2003
Time:
6:00 p.m. - 11:30 P.M.
Murphy moved, Sansevere seconded, to approve the special event permit requested by Ms.
Swenson. VOTE: Ayes 4, Nays 0.
SPECIAL EVENT PERMIT
2. Applicant: Brian McCollor /Jarrod Sokolowski — Gear West Ski & Run
Event: Corn Days Annual 4 Mile Run
Location: Hackberry Park, Brown Road South and Willow Drive
Date: Sunday, August 10, 2003
Time: 11:00 a.m.- 12:30 p.m..
Murphy moved, Sansevere seconded, to approve the special event permit for Gear
West Ski & Run, Corn Days Annual 4 Mile Run. VOTE: Ayes 4, Nays 0.
*23. BILLS
Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE:
Ayes 4, Nays 0.
ADJOURNMENT
Mayor Peterson moved, Sansevere seconded, to adjourn the Orono City Council Meeting of
July 28, 2003 at 10:03 P.M. VOTE: Ayes 4, Nays 0.
ATTEST:
wee, City Clerk
PAGE 18 of 18
".1 d4: 1; - �- � �
Barbara Peterson, Mayor
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