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HomeMy WebLinkAbout08-11-2003 Council MinutesORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, and Jim White. Representing staff were Planning Director Mike Gaffron, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 3, 9, 10, 11, 13, and 15 were added to the Consent Agenda. Murphy moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. • APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of July 28, 2003 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of July 28, 2003. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated that the Commission had been planning the annual Park Tour. It will occur on September 2 °d, with stops at the Old Crystal Bay Road Trail, Crystal Creek Park, Hackberry Park, Seven Nations Park, Fire Station Park, and Casco Ice Rink. They had also been discussing the parks twenty -year plan and will have a plan of attack ready to discuss at the work session. PLANNING COMMISSION COMMENTS —SANDY SMITH, REPRESENTATIVE • None. IF ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 PUBLIC COMMENTS • None. ZONING ADMINISTRATOR'S REPORT *3. #03 -2893 John and Roberta Henrich, 4125 Highwood Road— Variance- Resolution No. 5019 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5019 granting a variance to Municipal Zoning Code Section 10.24, Subdivision 5B to allow construction of a new residence to replace a pre- existing residence on a lot containing 0.66 acres in area in the LR -1B Zoning District where a 1.0 acre minimum lot area is required; and a variance to Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16(L)(1 &2) to allow 683 s.f. (5.7 %) hardcover in the 0 -75' lakeshore setback zone where no hardcover is normally allowed, and to allow 4,690 s.f. (28.2 %) hardcover in the 75 -250' lakeshore setback zone where 25% hardcover is allowed; and a variance to Section 10.56, Subdivision 16(C)(2 &3) to allow the proposed house to encroach 4' into the required 30' bluff setback, and a deck to encroach 15' into the 30' bluff setback and 5' into the 20' bluff impact zone; and a variance to Sections 10.22, Subdivision 1(B) and 10.56, Subdivision 16(C)(6) to • allow a 12' encroachment of the average lakeshore setback for the house; and a variance to Section 10.03, Subdivision 9(A) to allow the accessory structure (detached garage) to remain without a principal structure during construction. Vote: Ayes 4, Nays 0. *4. #03 -2895 Gary Germundsen, 4101 Highwood Road — Variance — Denial Resolution No. 5020 Murphy moved, and Sansevere seconded, to adopt Denial Resolution No. 5020 denying variances per Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision 16(L), and Section 10.03, Subdivision 14(C) for hardcover and structural coverage for Gary Germundsen, 4101 Highwood Road. Vote: Ayes 4, Nays 0. *5. #03 -2904 Richard S. Brown, 1300 Shoreline Drive — Variance — Resolution No. 5021 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5021 granting variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16(L)(2) to allow hardcover of 39.7% in the 500 -1000' lakeshore setback zone. Vote: Ayes 4, Nays 0. 2 0 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 6. #03 -2907 Jeff and Cara Ziebarth, 720 North Arm Drive — Variances— Revised Plan Gaffron stated that the application came before Council two weeks ago, and they voted to grant partial approval of the requested variances subject to the applicants providing a revised plan for review. The parameters of approval included: . 1. Approval of a second story structure encroachment within the 0 -75' setback zone, 65' from the shoreline. 2. Denial of the side setback variance for second story of structure to encroach within 4.3' of left side lot line and within 2.4' of right side lot line. 3. Denial of the side setback variances for the attached garage addition to encroach within 6' of the left side lot line. 4. 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. 5. Approval of the hardcover variances as proposed. 6. Applicant to provide a suitable drainage plan to be developed prior to final Council action. Gaffron stated that the applicants had presented new plans. He reviewed the plan • drawings with Council. The new plan shifted the garage footprint so that it is centered on the property and met the 10' side setbacks. However other changes were in conflict with Council's direction. The roofline had been rotated 90 degrees so that the gable ends faced the lake and street. The second story was now almost entirely contained within a 13/12 pitch gabled roof. The roof over the garage had become a continuation of the new roof over the second story addition, rather than a separate, slightly lower roof system. The front line of the new garage overhangs within 4' of the northerly side lot line and within 0.9' of the southerly side lot line. Cutouts in the roof on the south side of the garage would lend some openness to the area, the encroachment by a 13/12 pitch overhand would have some visual massing effects of concern. Gaffron stated that staff did not draft a resolution because the new plans did not meet requirements and raised new issues to discuss. Also, the City Engineer had not had time to review the drainage plan. Mayor Peterson asked if the plan should be returned to the Planning Commission. Gaffron stated that the Planning Commission could see it next Monday. Sansevere stated he would prefer for the application to go back to the Commission. Murphy agreed. White asked if one plan was better than the other in terms of drainage. Gaffron stated that either plan could work with the use of gutters or swales to direct water flow. ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 6. #03 -2907 Jeff and Cara Ziebarth, 720 North Arm Drive — Variances Revised • Plan — Continued Sandy Smith asked if the drawings could be done to scale before the Planning Commission meeting. Jeff Ziebarth stated that the drawings were done to scale, but the copying was improperly done. Jeff Ziebarth stated that they were on their fifth set of plans for the house. They had been bringing plans to the City for three months and needed a resolution. Mayor Peterson stated that she had a problem with the F setback and would vote against the application. They were going to deny the application last time it came up because the setbacks were too small, and now they were even smaller. Also, she was not comfortable with moving on an application without having the drainage plan reviewed. Mr. Ziebarth stated that they had enough room on the north side for a swale and would control water flow with gutters. The shift in the roof orientation would help the neighbors by directing water flow away from the side lot lines. He stated the purpose of the overhang was to soften the look of the approach to the front door. He requested being allowed a colonnade along the walkway instead of the overhang. Kirk Ottesen of 710 North Arm Drive stated that he was concerned with the Ziebarths • adding bulk so close to the lot line. Mr. Ziebarth stated that they were adding only the garage piece to the existing house, and the current design had reduced the size of the house from the original plans by almost 800 s.f. They considered tearing down the house and building new, but that would only allow them a 720 s.f. footprint for the new home. Murphy stated that the problem was with the new addition coming within F of the side lot line, a matter distinct from the square footage of the home. He stated they had completely changed the design of the house, shifting the roof, and had no drainage plan, so it was unfair to expect a resolution from Council without the Planning Commission first seeing the plans. Cara Ziebarth stated that last time she was there, she explained to Council that they had changed the roofline. She said by August 4ch she would have the new plans into the City for review, including the drainage plan, and they were there on time. She stated the building had not changed from the last Council meeting, only she did not have extensive drawings at the last meeting. They did not need any variances except for the overhang. Mr. Ziebarth stated that rotating the roof would help the neighbors because the only maintenance required on the sides would be a gutter. Murphy stated that he would not approve the application because of the side setback • encroachment. El ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 • 6. #03 -2907 Jeff and Cara Ziebarth, 720 North Arm Drive — Variances — Revised Plan — Continued Mayor Peterson stated that they were going to deny last time with setbacks of 2.4' and 4.3', and then the applicants came in with 0.9' and 4' setbacks. Gaffron stated that the maximum overhang allowed was a 1.5' encroachment into the setback. So from the garage addition, they could have 1.5' overhang into the setback. Murphy stated that the City has an informal rule of small lot, small house. White mentioned the colonnade idea. Ziebarth sketched it out for the Council to view on the overhead. Gaffron stated it would be viewed as a structure, though it is open and lower than the roof. As drawn it would sit about 4' from the lot line, instead of 10'. It would be an aesthetic issue, that brings some impacts. White stated that the problem with the colonnade was that it could turn into something else, like a screened in porch down the road. Mayor Peterson stated she would not vote in favor of the application because of the setbacks. Mr. Ziebach stated that they would be willing to remove the overhangs from both the north and south sides, and put in a colonnade on the south side only. Council agreed that would be acceptable. Gaffron stated that Council had provided clear enough direction. The colonnade would have to be an open structure, set in from the edge of the house. By the next meeting, he would draft a resolution and have new plans, with a review of the drainage plan. White moved, and Mayor Peterson seconded, to table Item 6, #03 -2907, Jeff and Cara Ziebarth, 720 North Arm Drive. Vote: Ayes 4, Nays 0. *7. #03 -2916 Phillip Smith, 2600 West Lafayette Road — Variance — Resolution No. 5022 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5022 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2, and 10.56, Subdivision 16(L)(1 &2) to allow hardcover in excess of the amounts normally allowed, and a variance to Sections 10.22, Subdivision 1, 10.55, Subdivision 8 and 10.56, Subdivision 16(C) to allow a second story addition over the existing residence located less than 75' from the OHWL of Lake Minnetonka where no structure is normally allowed. • Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 *8. #03 -2920 St. Edward's Episcopal Church, 865 Ferndale Road North— • Conditional Use Permit — Resolution No. 5023 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5023 granting a conditional use permit per Municipal Zoning Code Sections 10.28, Subdivision 3(A) and 10.20, Subdivision 3(3) to permit a church use on the property located at 865 Ferndale Road North. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Sansevere thanked Drew McDermott, Ms. Rogasheski, Mr. Bix, and Mr. Hollander for coming and expressing interest in filling the Council seat. Murphy stated that he had seen a letter written to the Pioneer Press by Mound Council Member Pete Meyer explaining why he voted for the Safe and Sober Program. He noted the good work of the Mound and Orono Police Chiefs. Murphy stated he called Mr. Meyer to thank him for the editorial letter. White stated that he would prepare a resolution for the next meeting thanking the organizers of the Casco Point Night Out. Laura Datzenroth and Mary Tucker had over • 100 responses, and it was the best neighborhood meeting he has seen. He stated he would like to invite them to the meeting to receive their thanks. Mayor Peterson stated that she appreciated the Long Lake Mayor inviting her to participate in the parade. She also thanked Council for passing Item 13 in support of the Partnership to Address Substance Abuse. She reminded everyone that Navarre Dog Days would happen over the coming weekend. PUBLIC SERVICE DIRECTOR'S REPORT *9. Accept Quotations Navarre Sidewalk Project Murphy moved, and Sansevere seconded, to accept the quotation for the Navarre Sidewalk Project from Schmidt Curb Inc., Elk River, Minnesota in the amount of $40,552.50 with approval of a budget adjustment to the year 2003 Municipal State Aid Fund to reflect the expenditure. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 • *10. Approve County Road 6 Feasibility Report Murphy moved, and Sansevere seconded, to accept the Willow Drive /CR 6 Intersection Feasibility Study and to authorize City staff to present the study to the Hennepin County Transportation Department for review and to begin discussions on a future intersection reconstruction and traffic signal project. Vote: Ayes 4, Nays 0. Murphy moved, and Sansevere seconded, to approve the recommendation in the Willow Drive /CR 6 Intersection Feasibility Study for the installation of Four -Way Stop Signs at this intersection and to authorize City staff to work with the Hennepin County Transportation Department on the installation of Four -Way Stop Signs at the Willow Drive /County Road 6 intersection as soon as possible. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *11. Request for Payment— Navarre Fire Station Murphy moved, and Sansevere seconded, to approve the requests for payment to • Constructive Ideas in the amount of $3,240.00, and to BKV Group in the amounts of $2,378.74 and $11,547.89, to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 4, Nays 0. 12. Adopt New Code for the City of Orono Barrett stated that the City is making small, but actual, changes to the Zoning Code, which usually requires a public hearing. He stated he would be more comfortable if a public hearing were held. Sansevere moved, and White seconded, to table Item 12, New Code for the City of Orono. Vote: Ayes 4, Nays 0. *13. Support of Partnership to Address Substance Abuse — Resolution No. 5024 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5024 in support of a continuing partnership among the area cities and with the Orono School District regarding efforts to address chemical abuse. Vote: Ayes 4, Nays 0. 7 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 14. Saga Hill Park Land Exchange Gaffron stated that the City had acquired land for the Saga Hill Park area, partly through a DNR assisted grant. One property they wanted was privately owned and the City was unable to acquire it. He explained that Garden Lane, the road that would access the property, ends before reaching the property in question, and there is a deep ravine between Garden Lane's end and the property. Last week the property owner asked what they would have to do to develop the property. Staff explained the owner would have to build a driveway of 500 -600' in length and provide a design to bring sewer to the property. The owner suggested the land previously offered by the City might be a good alternative. The property the City wants to trade has direct access to `Vildhurst Trail and sewer already exists. Staff walked both properties with the DNR. The parcels are equal in terms of forestation. There would be about an 8 -step process to complete the land exchange, including appraisals. Gaffron stated that the DNR representatives seemed in favor of the exchange, but there is a formal process to follow to complete the exchange. It will potentially take 2 – 3 months to complete the process. Murphy suggested including the word "process" in the motion. is Murphy moved, and White seconded, to authorize staff to commence the land exchange process through which the City will receive the parcel with PID #07 -117- • 2324 0036 in exchange for the parcel with PID #07 - 117 -2324 0031. Vote: Ayes 4, Nays 0. *15. Release of Conservation Easement — Fleming Trail Addition Murphy moved, and Sansevere seconded, to approve the extinguishment of the conservation and flowage easement on the Fleming Trail Addition property in the area needed for the Highway 12 project, and to authorize the City Administrator to sign the necessary documents to accomplish this. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None. *16. LICENSES None. M 0 • • • ORONO CITY COUNCIL MEETING MONDAY, AUGUST 11, 2003 *27. BILLS Murphy moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 7:50 p.m. ATTEST: Linda S. Vee, City Clerk 9 Barbara Peterson, Mayor