HomeMy WebLinkAbout03/19/2007 Planning Commission Minutes MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m. �
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members
present: Acting Chair Ralph Kempf, Commissioners Michelle Winer,Tess Rice,Jaye Ann Zullo,Dick
Kroeger,Kim Kang, and Alternate Janice Berg. Representing Staff were Planning Director Mike �
Gaffron,Planners Evelyn Turner and Melanie Curtis,and Recorder Jackie Young. City Council
• Member Cynthia Bremer was present. � � �
Acting Chair Kempf called the meeting to order at 6:00 p.m.
APPROVAL OF MINUTES . ,
1. PLANNING COMMISSION MEETING OF FEBRUARY 20,2007
Winer moved,Zullo seconded,to approve the Planning Commission minutes of February 20,
2007, as submitted. VOTE: Ayes 6,Nays 0,Berg Abstained.
CONSENT AGENDA
Item No. 8 was added to the Consent Agenda,with a request to table Item No. 6.
Winer moved,Kroeger seconded,to approve the Consent Agenda as amended. VOTE: Ayes 7,
Nays 0.
*2. 07-3268 WJM PROPERTIES,2605 WEST WAYZATA BOULEVARD,CONDITIONAL
USE PERMIT,6:03—6:03 P.M.
Acting Chair Kempf opened the public hearing at 6:03 p.m.
� � There were no public comments regarding this application. . �
Acting Chair Kempf closed the public hearing at 6:03 p.m.
Winer moved,Kroeger seconded,to recommend approval of Application#07-3268,WJM ;
Properties,2605 West Wayzata Boulevard,granting of a Conditional Use Permit. VOTE: i
Ayes 7,Nays 0.
PAGE 1
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m.
OLD BUSINESS
3. 06-3246 HIGHMARK BUILDERS ON BEHALF OF THE ESTATE OF MARY JO
PETERSON,4205 NORTIi SHORE DRIVE,VARIANCE,6:04—6:48 P.M.
Jim Morris,Highmark Builders,was present.
, Turner stated the applicant is requesting the following variances to allow construction of a replacement
resident:
1. Lot area variance of 0.62 acre when 1.0 acre is required;
2. Lot width variance of 60 feet when 140 feet is required;
3. 29.9 percent hardcover in the 75 to 250 foot zone when 25 percent is allowed;
4. An average lakeshore setback to permit encroachment into this setback by part of the deck stairs
and approximately five square feet of the house.
. Turner noted the average lakeshore setback line was established off of the building permit plans for the
adjacent house and would need to be field verified.
The Commission considered this request in November 2006. At the request of Staff and the applicant,it
was tabled to allow the house and site plan to be redesigned to eliminate the three-story design,reduce
the amount of hardcover,and eliminate the average lakeshore setback variance. The revised proposal is
• for house with two stories plus a basement. The revised plan reduces the hardcover down to 29.9
percent,with the excess amount being the amount that is required to extend the driveway through the
easement. Turner noted there is a sewer line that runs through the property. It is Staff's feeling that had
that sewer line not existed,the applicants would have been able to relocate the house forward,which
would put all the driveway into the 250-500 foot zone and result in the house meeting the City's
hardcover requirements. \
The City routinely reViews lot width and lot area requests and grants them when no other land is
available for acquisition and the property existed in separate ownership from adjacent properties prior to
adoption of the current zoning standards. This lot satisfies those requirements. Similar variances were
granted for the property to the west.
Planning Staff recommends approval with the following conditions:
1. Approval of the lot area and width var�ance subject to approval of the grading plan by the City
Engineer. '
2. Approval of the hardcover variance to allow 29.9 percent hardcover in the 75-250 foot zone.
PAGE 2 � •
' MINUTES OF THE '
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007 ' ,
6:00 o'clock p.m. , '
. (#06-3246 Highmark Builders,Continued)
3. Approval of the average lakeshore setback variance subject to the location of the average
lakeshore setback line being deternuned by a field survey and the encroachments being shown
on a survey before this application is considered by the City Council.
Morris stated the excess hardcover is related to the utility easement and is a result of the required
location of the driveway to the house. Morris stated if the easement did not exist in that location,they
would be able to slide the house to the north,which would reduce the hardcover required for the
•driveway and would also eliminate the need for the hardcover variance.
Morris indicated they are using the survey for the proposed house and they have not been able to
complete the final survey since the deck is still under construction. Morris stated the stairs of the deck �
may encroach approximately five to six feet into the average lakeshore setback and that the number of
steps incorporated into the stairway is required due to the height of the deck. Morris noted the size of
the deck has been reduced from what they originally proposed and that they have kept their variance
requests to a minimum.
Acting Chair Kempf opened the public hearing at 6:15 p.m. -
William Titler,4209 North North Shore Drive.requested to address the Planning Commission.
Kempf noted the Planning Commission did receive Mr.Titler's letter.
Mr.Titler indicated he has some additional comments to his letter. Titler stated they are in the process
of constructing a house on the adjoining lot and that they have designed their plans so that they do not
encroach into the average lakeshore setback. Titler stated the burden the applicant must meet is whether
the property can reasonably be used without variances and that the average lakeshore setback variance is
� unnecessary. Titler commented there are probably a large number of people who would like to get an
additional five feet into the average lakeshore setback but that it is possible to construct the house with a
deck without encroaching into the average lakeshore setback. Titler noted he was required to move his
house further back than the average lakeshore setback and that it is not unreasonable to think that this
house could be constructed behind the easement or in front of the utility, easement without a hardcover
variance.
Titler stated a detached garage could be constxucted and would not be unreasonable for this lot,which
would eliminate the need for the average lakeshore setback. Titler stated their views of the lake would
be altered due to the construction of the new house and that they would be better off if the house were
remodeled. .
Titler noted the proposed driveway is roughly the same pitch as the current driveway and that the
owners of the property on a number of occasions were unable to make it up the driveway this winter.
Titler pointed out the applicant is also proposing to dig an 18-foot basement under the garage,which is
located eight feet from a high pressure sewer line, and that at least five feet of separation is required to
dig near that sewer line. Titler stated the sewer lines would be in jeopardy by digging such a deep
PAGE 3 �
MINUTES OF THE
ORONO PLAN�IING COMMISSION MEETING
Monday,March 19,2007 .
� • 6:00 o'clock p.m. '
(#06-3246 Highmark Builders, Continued)
� basement. Titler stated without the excavated area under the garage,the basement would not qualify as
a basement under the City's newly adopted ordinance.
Titler staYed he is in favor of the lot width and lot area variances but that the other variances are being
driven by the building of a spec house and are not necessary for the reasonable use of the property.
Titler commented in his view this project would have a severe detriment on his property. Titler stated a
letter from the City Engineer also indicates runoff onto his property and that issue has not yet been
. addressed by the applicant. Titler expressed a concern that this application will be moved forward to the
City Council without that issue being addressed.
Emily Peterson,4205 North Shore Drive, stated Mr.Titler has had to utilize her driveway periodically
during the construction of his new residence because he was unable to access his own driveway.
Peterson stated she has had to deal with a large amount of runoff from Mr.Titler's construction project
and that her yard has been torn up by construction vehicles.
Peterson stated the proposed house would help to increase the value of the other houses in the
neighborhood and that the other neighbors are not opposed to the project except Mr.Titler.
Acting Chair Kempf closed the public hearing at 6:27 p.m.
Kang inquired whether there is an attached and a detached garage proposed.
� Turner stated there is an attached and a detached garage proposed and that the existing detached garage
is proposed to be removed to reduce the hardcover in the 75-250 foot zone. •
Kroeger inquired whether there is an attached three-car garage being proposed..
Morris stated the attached garage would be two stalls and that there is living space below the garage.
Morris stated they will plan accordingly to protect the sewer line during construction using sheet piling
if necessary.
Kempf commented that is probably an issue for the City Engineer.
Turner pointed out the letter from Mr.Titler in the Commissioners' packets was in response to the first.
plan and not the revised plan that is now before the Planning Commission. Turner noted the City
Engineer received the revised plans today.
Kempf inquired about the lack of a turn-around at the garage.
� . Turner stated it is possible the turn-around could be constructed opposite of the proposed garage and the
driveway could be slid over more to get it out of the 75-250 foot zone. Turner stated the plan the City
Engineer responded to had the existing detached garage remaining and that the City Engineer would be ,
PAGE 4 .
. MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m.
� (#06-3246 Highmark Builders,Continued)
commenting on the revised plan regarding the pitch of the driveway,which has now been relocated in
the revised plans.
Kempf stated the revised plan shows a very small encroachment into the lakeshore setback and that in .
his opinion there is an obvious hardship being created by the sewer line that runs through the property.
Kempf stated he would be in favor of the house being constructed in its present location rather than
being pushed back substantially.
Kroeger stated one option would be to construct all of the garage space as detached,which would allow
� the house to be pushed back,would eliminate the need for the average lakeshore setback variance,help
reduce the pitch of the driveway, and would reduce the hardcover in the 75-250 foot zone.
Morris stated they did look at the option of eliminating the attached garage but that it is reasonable in
Minnesota to have an attached garage. Morris stated the house would be pushed closer to the utility
easement if the garage were entirely detached and that some sort of drive or turn-around would still be
required. Morris stated the amount of hardcover would be reduced slightly with the detached garage but
that a variance would still be required. Morris noted a portion of the driveway would then be located
within the easement.
Rice inquired whether any retaining walls would need to be built to handle the runoff.
Turner stated she does not anticipate the need for any retaining walls but would expect that a swale
would be required. ,
Morris stated they have forecasted approximately 200 square feet of retaining walls in their numbers
and that they will need to get the input of the City Engineer on what would need to be constructed. •
Morris noted they are also proposing to do some swales but at the present time they are unsure exactly
what would be required until the final grade and survey are completed.
Kroeger inquired whether the shed located down by the lake would be removed.
Morris stated it is a requirement that the shed be removed. �
Turner noted Mr.Titler revised his grading plan slightly after construction was commenced on his
property and that the changes being made by Mr.Titler would help with the drainage on this property.
Turner stated relocation of the driveway would also help with the runoff. �
�
Berg inquired whether the issue with the neighbor's drainage has been addressed.
Turner stated the runoff should be addressed with the final grade.
PAGE 5 . .
MINUTES OF THE
� ORONO PLANIVING COMMISSION MEETING �
Monday,March 19,2007 , �
6:00 o'clock p.m.
(#06-3246 Highmark Builders,Continued)
Morris stated he is agreeable to worlcing with the City Engineer to resolve any drainage problems.
Morris noted the property slopes rather drastically towards Mr.Titler's property and that the relocation
of the driveway would help to reduce the runoff onto Mr.Titler's property.
Kempf stated in order to resolve the drainage issues,there will need to be some cooperation between the
neighbors and that the Planning Commission would defer to the City Engineer on the grading and
drainage issues.
Kempf noted there is a very slight intrusion being proposed into the average lakeshore setback under
this plan,which is a better option than relocating the house either in front or in back of the utility
easement.
Kempf inquired whether there is the need for a turn-around.
Turner stated she would defer to the City Engineer on that item. .
Winer moved,Kang seconded,to recommend approval of Application#06-3246,Highmark
Builders on behalf of the Estate of Mary Jo Peterson,4205 North Shore Drive,granting of lot area•
and lot width variances, a hardcover variance, and an average lakeshore setback variance,subject
to approval of the grading and drainage plan by the City Engineer and also subject to the location
of the average lakeshore setback line being determined by a field survey and the encroachments
being shown on a survey before this application is considered by the City Council.
VOTE: Ayes 5,Nays 2,Kroeger and Zullo opposed.
Kroeger stated in his opinion the applicant does have other options to meet the average lakeshore
setback requirement.
Zullo stated in her opinion the garage could be relocated away from the house.
4. 06-3249 CITY OF ORONO,OUTLOT A,STONEBAY, COMPREHENSIVE PLAN
, AMENDMENT,6:48—7:42 P.M.
Gaffron stated the City of Orono is proposing an amendment of the Orono Community Management
Plan to"undo"the prior amendment adopted in 2004 that under strict conditions allowed an expansion
of retail opportunities within Outlot A, Stonebay. Associated with the amendment would be rezoning of
the site from RR-1B Single Family Rural Residential to B-6 PUD Highway Commercial District. This
rezoning was not included in the legal notices but would follow any reguiding of the site.
This item was last reviewed at the January Planning Commission meeting. At that time the properiy
owners' representative, Steve Johnston,requested a six-month tabling of the comp plan amendment and
rezoning to allow time for submittal of an application for a bank and food co-op for the site. Gaffron
. � PAGE 6
MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m.
(#06-3249 City of Orono,Continued)
stated representatives of Reliance Development Corporation and Harvest Moon Food Co-op have
indicated they are considering the site for a bank and food co-op and need additional time to explore the
possibilities of these uses for the site before making a formal application. The Planning Commission
tabled the item for two months on a vote of 6-1.
� Gaffron stated the first amendment re-guided Outlot A to allow for retail uses under the following
parameters:
1. No individual buildings greater than 15,000 square foot gross floor area.
2; One building must be a pharmacy/convenience store.
3. The remaining buildings shall have no individual tenant space greater thari 7,000 square feet.
4. The most westerly building on the site shall be oriented and designed in a manner that focuses .
_ on the regional pond as an amenity for customers or tenants. �
5. Buildings on the site shall be oriented with a goal of providing an inviting vehicle and
pedestrian entry from Kelley Parkway without creating negative visual impacts for the Stonebay
Acting Chair Kempf opened the public hearing at 6:55 p.m
Steve Johnston,Landform Engineering Company, stated he is appearing tonight on behalf of John
Terrance Homes. Johnston stated in January of 2007,the land was under contract with Reliance and
that since that time they have removed themselves from the property. Johnston stated Central Bank and
Harvest Moon�ood Co-op have submitted an application today at 8 a.m.,which proposes an 16,000
, square foot office building,with a portion being used as a bank and the other portion being reserved for
professional tenants. In addition,a 12,000 square foot locally owned food co-op store is also being
proposed for the site. Johnston indicated the contract has been assumed by Central Bank from Reliance
and that a group of investors are ready to purchase the property.
Johnston stated their application was not submitted earlier because they did not expect Reliance to �
withdraw from the project and that they had to find an alternate developer. '
Johnston stated in his view this is a financially viable project and that they would request the Planning
Commission to table any action on this comprehensive plan amendment given the application that they
have submitted. Johnston stated in his opinion the office use and food co-op is a reasonable use for the
� . property and should be given proper consideration by the Planning Commission prior to acting on the
comprehensive plan amendment.
Kari Smith, 80 Cygnet Place, stated she is a member of the steering committee for Harvest Foods and
that they are leading a grassroots effort to bring a member-owned food co-op into Orono. Smith stated
they are developing connections with local farmers to provide fresh produce, organic foods, fresh baked
PAGE 7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
• 6:00 o'clock p.m. ,
(#06-3249 City of Orono,Continued)
bread, and other items. The vision of the food co-op is that it will become a central meeting place for
�the residents in this area,offer cooldng classes, and other amenities.
Smith stated the local businesses have been very supportive of this project and that there has been a
great deal of interest being expressed in this project. Smith noted they now have 150 members and they
are anticipating that number to continue to grow, especially once a firm location is decided upon.
Smith stated they have a team of community members working on outreach and promotion of Harvest
Moon and they have applied for a$25,000 matching loan. Smith stated they also have enlisted the
' assistance of Mary Molton,former Lakewinds project manager,to help make this project a success.
� Smith stated in essence the location they are looking at is one that their members feel would be a great
location and would allow great access by the members of the community.
Carl Berge, Orono resident, stated he is a tenant of the medical building located near the Orono City
Hall,and that there is a great amount of interest and support being expressed for this project throughout
, the area. Berge stated this project is well worth considering, especially given the nutritional value that
would be offered by the food co-op, and that there is a great deal of reasonableness to the project.
Jan Gunther,Minnetrista, stated she has owned a business in Long Lake for fifteen and a half years and
that her two children attend Orono Schools. Gunther stated she welcomes the project in this area and
that the co-op would benefit the community and would help promote other businesses to locate in this
area.
John Quinlivan,Independence, stated it is very critical for this type of business to have the support of
the community,which this project has, and that this site in the Stonebay development is a good fit given
its close proximity to the residents of the Stonebay development and the high school.
Reverand Linda Freeman, 190 Cygnet Place,stated she is speaking on behalf of many members of
St.Martin's Church and that they are also in support of this project given the benefits it would offer the
community.
Acting Chair Kempf closed the public hearing at 7:13 p.m.
Kempf stated the City Council and City Attorney have recommended the Planning Commission pass the
comprehensive plan amendment. Kempf noted the applicants would still need to go through a
comprehensive plan amendment regardless of the action taken by the Planning Commission tonight.
Kempf noted the Planning Commission in the past has been supportive of this proj ect and that the City
� Council will be the deciding body on the project. Kempf stated as the language currently reads, one of
the buildings is required to be a pharmacy,which would need to be addressed at some point. '
Zul�lo stated she does not feel there is a need to make the change at this time to the comprehensive plan
amendment and that the language should remain as is for the time being.
PAGE 8
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
. Monday,March 19,2007 �
6:00 o'clock p.m. '
(#06-3249 City of Orono,Continued)
Kang stated she would agree with Commissioner Zullo and would allow the interested parties time to
solidify their plans.
Kempf stated the applicants would need to proceed forward with a proposal for a comprehensive plan
amendment and that delaying action on this amendment would not be in the best interests of the City or
the other parties tonight.
• Zullo stated she does not see the risk to the City by delaying action on the coinprehensive plan
amendment. �
Winer stated she is in agreement with the recommendation of Staff and the City Attorney. Winer
inquired whether it could be a homeopathic drug store.
Gaffron stated the City's Comprehensive Plans reads pharmacy/convenient store. Gaffron stated that
language was iricluded in the Comprehensive Plan at the time the City Council was specifically.looking
at the construction of a Walgreen's on this site.
Johnston stated they have made application for a guide plan amendment,which includes revised text to
allow this type of use, and that they would be back before the Planning Commission next month.
Johnston stated he personally feels it makes more sense to look at both applications at.the same time. �
Kroeger inquired how the Planning Commission should make their feelings lrnown about a bank and a
. food co-op at this location to the City Council. Kroeger expressed concern by recommending approval
of the comprehensive plan amendment that the Planning Commission might send the signal that they are
against retail at this site. `
Gaffron stated the City Attorney is recommending that the City rezone and reguide this area to what the
City Council intends this site to be and that currently the language reads that a pharmacy is required on
this site,which is no longer the desire of the City Council. Gaffron stated the next step following the
reguiding would be a rezoning of the site and that it should ultimately be rezoned to a B-6. Gaffron
noted currently the site is zoned RRl-B, Single Family,two-acre minimum lot size.
Gaffron stated the City Attorney is looking at having the City's Comprehensive Plan and zoning for this
area match. Gaffron requested the Planning Commission make a recommendation to the City Council
on the amendment before them this evening.
Winer inquired whether by approving the comprehensive plan amendment the zoning would be changed
to B-6.
. Gaffron stated that it would be. �
` Zullo inquired what would be included in the B-6 District. . �
PAGE 9
MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING �
Monday,March 19,2007
6:00 o'clock p.m.
(#06-3249 City of Orono,Continued)
Gaffron stated it is a professional office district,which would allow office buildings,banks,hotels and a
few other things.
Kroeger inquired whether a food co-op would be allowed in the B-6 District. .
Gaffron stated if it is considered retail,it would not be allowed on this site. Gaffron stated the original
language reads uses ancillary to the office building,which would mean a use that would help support
the office u'se.
Berg inquired whether the Council is looking at going back to what this site was zoned prior to 2004.
Gaffron indicated that is the intent and that they have directed Staff to amend the language back to what
it was prior to 2004:
Kempf staYed in his opinion moving this application forward to the City Council will not delay action on
the application submitted by the bank and food co-op. Kempf stated the City Council does not want to
� , deal with a number of applications being filed under the current language.
Berg inquired why the language is being changed back to what it was in 2004 rather than what the
recently submitted application is requesting. .
Gaffron stated Staff was directed back in the fall of last year to amend the Comprehensive Plan back to
what it was prior to 2004. •
Cynthia Bremer, City Council, stated one of the reasons why it is important to change the .
comprehensive plan amendment is that if an application came before the City that met the requirements
of the current Comprehensive Plan Amendment,the City would not have any means to deny the
application even though it is not something the City currently desires for this site. Bremer stated in her
view the requirement of a pharmacy at this site is not something that is desirable and that there really is
no benefit to tabling the comprehensive plan amendment.
Bremer indicated she will relay the feelings of the Flanning Cominission to the City Council concerning
the bank and the food co-op and that by the Planning Commission moying the comprehensive plan
amendment forward,the Planning Commission is not telling the City Council that they are opposed to
retail at this site. �
Gaffron stated Walgreen's indicated that they were not happy with the access and so did not pursue the
project.
Zullo stated she understands the reason for approving the comprehensive plan amendment but that she
would like to see some language included im the motion reflecting what the Planning Commission
would like to see on this site. � • '
PAGE 10
MINUTES OF THE .
ORONO PLANTTING COMIVIISSION MEETING '
Monday,March 19,2007
6:00 o'clock p.m.
(#06-3249 City of Orono,Continued)
Kroeger stated he has a difficult time approving the comprehensive plan amendment given its current
language and that he would like to see the zoning open on this site.
Gaffron stated the Planning Commission should make a recommendation on whether or not to revise the
Comprehensive Plan back to what it was pre 2004,which would eliminate the pharmacy use, and
whether or not the zoning should change from RR-1B to B-6 PUD or B-6. Gaffron stated if the '
Planning Commission feels that there is some other type of zoning that would be more appropriate than
B-6 for this site,they could make that recommendation. Gaffron noted the B-6 PUD zoning would .
allow retail on the site and the B-6 zoning would not allow retail. �
Zullo stated the political process is that the Council hears through applications the desires of the citizens
but that she is not necessarily in agreement with acting on the Comprehensive Plan Amendment tonight
� and zoning it B-6.
Kempf stated he would like to proceed forward with recommending approval of the comprehensive plan
amendment.
Kempf moved,Winer seconded,to recommend approval of rezoning Outlot A,Stonebay,to B-6
PUD,Aighway Commercial District. VOTE: Ayes 4,Nays 3,Kroeger,Kang and Zullo opposed.
' Winer moved,Kempf seconded,to recommend approval of Application#06-3249, City of Orono, �
Proposed Comprehensive Plan Amendment,Outlot A,Stonebay,and to rezone the site from RR- �
1B, Single Family Rural Residential,to B-6 PUD,Highway Commercial District,with the
recommendation that special consideration being given to aIIowing a bank and a food co-op on
this site. VOTE: Ayes 5,Nays 2,Kroeger and Kang opposed.
5. � 07-3255 CATHERINE SWEET,3405 CRYSTAL BAY ROAD,VARIANCE,7:42—8:00
P.M. �
Catherine Sweet,Applicant,was present.
Turner stated the applicant is requesting a setback variance to construct a replacement garage with a
two-foot setback from the westerly side property line when a 15-foot setback is required. A variance to
allow hardcover in the 0-75 foot zone and more than 25 percent hardcover in the 75-250 foot zone is
also requested. .
The west wall of the proposed garage is proposed to be 2.0 to 4.7 feet from the street right-of-way. At
the corner closest to the property line,the eave would be about 12 inches from the property line.
Because it is a street,the required setback would be 15 feet. If the property were not a street,the
required setback would be 10 feet. Since the wall is within three feet of the property line,the building
PAGE 11 .
MINUTES OF TFIE
ORONO PLANNING COMNIISSION MEETING
� Monday,March 19,2007 •
� 6:00 o'clock p.m. '
(#07-3255 Catherine Sweet,Continued) �
code would not allow the windows in the wall facing the street right-of-way and would limit the eave to
eight inches.
In addition to the garage ancl shed, 511 square feet of hardcover,including a 120 square foot grade level
deck would be removed. A net reduction of 32 square feet of hardcover would result, all in the 75 to
250 foot zone. The calculations submitted by the applicant do not include the portion of the driveway
within the side street right-of-way. Customarily this hardcover should be included as if the driveway
were located on the lot. There is approximately 280 square feet of the existing driveway within the 0-75
foot zone and 820 square feet in the 75-250 foot zone.
Turner requested the Planning Commission consider the following issues:
1. Where should the driveway be located? While the driveway within the street right-of-way has
existed for at least 50 years,the property has no formal arrangement with the City regarding the .
encroachment. With the revision required to the driveway at the proposed location,less of the
driveway would be in the side street right-of-way. It would also be possible to place the entire
driveway on the property. Turner noted the street has been identified as a possible location for a
trail connection to Three Rivers. �
2. Is there a reasonable arrangement for the garage without a setback variance? Moving the
garage north not only increases the hardcover but it also puts it farther into the hill and closer to
Dakota Trail. Moving the garage south brings the driveway closer to the corner of the house �
and sidewall of the house. The overhead door is proposed to be centered in the garage with four
feet on either side. Shifting the door two feet toward the street right-of-way would make it
easier to route the driveway around this corner. A small garage could more easily fit within the
' setbacks.
� 3. What level of hardcover is appropriate? Hardcover percentages cannot be determined until the
� location of the driveway is determined. It is not possible to eliminate the hardcover within the
0-75 foot zone.
� Planning Staff recommends approval with the following conditions:
1. Approval of a setback variance to allow a garage of appropriate size to be placed ten feet or less
from the west property line,but at least five feet from this property line. ,
2. The portion of the driveway south of the driveway to the tuck-under garage to be on the
property with the unneeded portion of the existing driveway removed. The garage apron and
transition should comply with City standards.
3. The portion of the driveway within the right-of-way between Crystal Bay Road and the new
driveway being allowed to remain until the City Council deternunes the right-of-way is needed
or certain removals occur. This would be formalized in an encroachment agreement.
PAGE 12
MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007 ' �
�
, 6:00 o'clock p.m.
(#07-3255 Catherine Sweet,Continued)
4. The driveway remaining within the right-of-way being narrowed to eight feet,with the removal
being done from the west edge. . �
5. A hardcover variance to allow the amount of hardcover the Commission determines reasonable.
Sweet stated she would like to replace the garage.
Kempf inquired when the house was constructed.
Sweet stated the house was constructed in 1926.
Kempf noted the chimney seems to be original to the house and that there is a foundation under the bay
window. Kempf expressed a concern about disturbing an old foundation by placing the driveway close
to it.
Acting Chair Kempf opened the public hearing at 8:49 p.m.
There were no public comments regarding this application.
Acting Chair Kempf closed the public hearing at 8:49 p.m.
Kempf noted a letter has been received from Eunice and Bob Nichols,3407 Crystal Bay Road, �
expressing concerns regarding the trail connection and the problems that could ensue from that trail
. connection. Kempf stated the Nichols are requesting that this path not be considered a connection to the
lake. Kempf in his opinion it is very unlikely that this trail would be used as a connection to the lake by
a large number of people given the lack of parking available on Crystal Bay Road.
Kroeger inquired whether the applicant has any problem with the narrowing of the driveway.
Sweet stated she does not. .
F
�Zullo stated she would prefer a five-foot setback rather than a two-foot setback.
Kempf suggested the width of the garage be reduced by four feet,which would allow the garage to be
pulled forward, and the driveway to be relocated. . ,
Berg inquired whether it was Staff's recommendation to relocate the driveway.
Turner stated it is and that there is also the issue of whether the driveway would meet the standards for
the approach. Turner stated it might be possible to angle the garage slightly if the garage were smaller.
Berg inquired what size garage Commissioner Kempf was proposing.
PAGE 13
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING .
Monday,March 19,2007
6:00 o'clock p.m.
(#07-3255 Catherine Sweet,Continued) .
Kempf stated 20 foot wide by 24 foot deep.
Berg commented 22 feet is more standard.
Kempf stated a standard overhead door is 16 feet wide and that there are a number of garages that have
two feet on either side of the overhead door.
Turner stated given the required 10-foot separation from the house,it probably is not likely to be able to
move the garage that far forward but that the garage could be angled slightly to help accomplish a flatter
approach.
Zullo suggested modifying the proposed garage�to 20 feet wide by 24 deep and require a five-foot �
setback.
Kempf suggested the garage also be brought forward.
Zullo moved,Kroeger seconded,to recommend approval of Application#07-3255, Catherine
Sweet,3405 Crystal Bay Road,granting of a five-foot setback variance,hardcover variances for
the 0-75 foot zone and the 75-250 foot zone,and requiring the garage to be reduced to 20' x 24'
and brought forward slightly to meet the five-foot setback. VOTE: Ayes 7,Nays 0.
*6. 07-3259 LAKE COUNTRY BUILDERS ON BEHALF OF KATHY AND GARY
GANGSTEE, 1374 REST POINT ROAD,VARIANCE
Winer moved,Zullo seconded,to table Application#07-3259,Lake Country Builders on behalf of
Kathy and Gary Gangstee, 1374 Rest Point Road. VOTE: Ayes 7,Nays 0.
NEW BUSINESS �
7. 07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN
MILBRATH, 1404 BALDUR PARK ROAD,VARIANCE,8:00—8:38 P.M.
John Vogstrom,Vogue ICF Homes, and Darrin Hahn,were present. �
Turner noted the recently submitted survey matches the footprint of the house plans. Turner stated the
applicant is requesting the following variances to construct a new house:
1. A lot area variance of.28 acre when 0.5 acre is required;
2. A lot width variance of 49.75 feet when 100 feet is required; ` '
3. A hardcover variance to allow 16.07 percent hardcover in the south 0-75 foot zone when none is
allowed;
PAGE 14
MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
Monday,March 19,2007 �
6:00 o'clock p.m.
(#07-3266 Vogue ICF Homes, Continued)
4. A hardcover variance to allow 48.07 percent hardcover in the 75-150 foot zone when 25 percent
is allowed, and to not maintain the required grade elevation for 15 feet from the proposed .
structure.
The applicant proposes to build a two and a half story house with an attached garage. The property is
located in the LR-1C, One Family Lakeshore Residential District requiring a minimum lot area of 0.5
acre and 100 feet of width at the shoreline and at the required 75-foot setback. This lot is 0.28 feet in
width at the shoreline and at the 75-foot setback. Due to poor soils,the house would be built on pilings
and grade beams. It would appear as slab on grade construction with no basement or crawl space. The
property has two 0-75 foot zones, one on the street side and one on the lake side. Part of the property is
within the flood plain. The maximum depth of a flood on the property would be about one foot. The
flood plain elevations require that the bottom of the lowest floor of a building in the floodplain be
elevated to the regulatory flood protection elevation of 932.5 feet. Within 15 feet the building ground
level must be no lower than one foot below this elevation. The applicant proposes to maintain the
required elevation only within a few feet of the building.
Turner stated City Code specifies that the height of the proposed house be measured from existing grade
to a point halfway between the top of the highest window and the peak of the roof. By this definition,
the house is 34.5 feet high.The windows are located in the gable end. As proposed,the third level may
be slightly too large to be considered a half-story. The pitch of the roof may have to be reduced slightly
to reduce the portion of the third level with a floor to roof joist measurement of five feet or more from
18' 7.5"to 18 feet.
The Planning Commission recommended approval of a code change that increases the side setbacks for
wider lots,regulated peak height based on the width of the lot and disregard windows in gable ends
when determining the building height. This item was tabled by the City Council for further study of the .
setback and peak height portions of the code change. The basis for disregarding windows in gable ends
was that they did not add to the mass of the roof. The proposed code change would limit this property
to a peak height of 37.5 feet. As proposed,the peak height would be about 38 feet.
Planning Staff recommends approval of the following: .
1. Approval of the width and area variances.
2. Approval of the floodplain variance subject to approval of the grading plan by the City Engineer
and the MCWD. �
3. Approval of the hardcover variance for the street side 0-75 foot zone.
4. Approval"of the pea height variance if the corners are removed and the Commission determines
it appropriate.
5. Approval of a hardcover variance but not to the extent proposed.
PAGE 15
.
MIlVUTES OF THE
� ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m.
(#07-3266 Vogue ICF Homes,Continued)
• Vogstrom noted the patio on the plans should be moved further down and would be located within the
little cove on the house. "
Vogstrom proposed to install two 3-foot pads for the driveway with grass in between to help reduce the
hardcover on the property.
Turner stated the Code specifies the whole width of the driveway would be counted as hardcover even if
there is not a hard surface over the entire width.
Vogstrom suggested the City consider allowing permeable pavers.
Berg noted at the present time permeable pavers would still count as hardcover.
Hahn stated the biggest hardship with the property is the bay located on two sides.
Zullo expressed a concern with the need for a height variance.
Kroeger suggested the height of each story be reduced slightly.
Berg stated the height of the house goes towards the massing that is noticeable on the lot,and given the
smaller size of the lot,it may be necessary to reduce the size of the house.
Vogstrom pointed out there would not be a basement or other storage available in the house and that
there is a need for a three-car garage.
Acting Chair Kempf opened the public hearing at 8:16 p.m. �
Kristie Anderson 1408 Baldur Park, stated she has a concern with the runoff that might be created as a
result of this project,especially given the amount of hardcover being proposed for the lot and the fact
that their properties are located below the floodplain. Anderson stated in her view the size of the house
does give the appearance of a lot of massing on the site and that the height of the house should be
reduced. �
Hahn stated they will be reducing the ceiling height of each floor by six inches.
Anderson inquired what the ceiling heights would be.
Hahn stated it would be 9.5 on the main floor and 9.5 on the second floor.
Anderson noted the neighbor on the other side of this property is out of the country at the present time
and encouraged the Planning Commission to keep his best interests in mind.
PAGE 16
MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING ' •
Monday,March 19,2007
6:00 o'clock p.m.
(#07-3266 Vogue ICF Homes, Continued)
Turner noted the height numbers were determined from the existing grade and that two feet of fill would '
be brought in to raise the floor,which would be counted against the height. Turner stated the peak
height would be 38 feet and the average height would be 34.5 feet by measuring halfway between the
peak of the roof and the top of the windows.
George Sticlrney, Orono,inquired what the total hardcover is on the property,including the 0-75 foot .
zone. Sticlrney indicated he is not opposed to some variances for this property but that he has a concern
with the height of the structure. �
Hahn stated the middle of the roof is at 30 feet.
Zullo commented the concern deals with the overall project and the amount of total massing on the
property as well as the height of the structure. Zullo stated she is not supportive of the project based on
' those two concerns.
Acting Chair Kempf closed the public hearing at 8:24 p.m.
Kang expressed a concern with the hardcover and the height, and encouraged the applicants to design a
smaller house in an effort to reduce the hardcover on the lot.
Kempf noted the total hardcover for the lot is 3265 square feet. Kempf recommended the hardcover be
reduced to below 3000 square feet. Kempf suggested the applicants consider constructing the third stall
to be accessed through the double garage door.
Vogstrom indicated they are willing to redesign the house to better conform to the recommendations of
the Planning Commission.
Kempf stated he appreciates the indentations designed into the house to help break up the appearance of
massing on the lot but that the two dormers on each side of the house appear to be rather large.
Hahn stated the dormers are merely decorative and could be reduced.
Berg commented the dormers tend to contribute to the overall massing on the lot. Berg recommended
the applicant work with Staff on redesigning his plans.
Winer noted page three of the report states the house would be constructed on pilings and that the house
must comply with the regulatory flood protection elevation.
Turner stated a floodplain variance is one of the requests the applicants are making because if they were
required to meet that standard,the house could only be approximately 15 feet wide. .
� Winer stated in her opinion there is going to be flooding in this area.
PAGE 17
' MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m.
(#07-3266 Vogue ICF Homes,Continued)
Turner stated under the floodplain regulations,the applicants are required to create storage capacity and
that those plans are reviewed by both the City and the Minnehaha Water Shed District.
Vogstrom stated the latest grading plan does address those issues raised by Staff. �
Turner noted the City Engineer's comments are regarding the first plan and not the plan that is before
the Planning Commission.
Vogstrom indicated they will redesign the house in an attempt to meet the concerns raised by the
Planning Commission.
It was the consensus of the Planning Commission to require the hardcover be reduced below 3,000
square feet.
Kroeger moved,Berg seconded,to table Application#07-3266 Vogue ICF Homes on behalf of
Benjamin and Karen Milbrath, 1404 Baldur Park Road. VOTE: Ayes 7,Nays 0.
*8. 07-3269 SHERRY EVANS, 1380 RAILROAD AVENUE,VARIANCE
� Winer moved,Zullo seconded,to recommend approval of Application#07-3269,Sherry Evans,
1380 Railroad Avenue,granting of setback variances subject to the submission of an updated
survey showing the proposed addition and hardcover calculations with the building permit
application. VOTE: Ayes 7,Nays 0.
9. 07-3270 M1L0 H.THOMPSON,3135 CASCO CIRCLE,VARIANCE,8:38—8:58 P.M.
Milo Thompson,Applicant, and Jeffrey Sweitzer,Architect,were present.
Curtis stated the applicant is requesting the following variances in order to construct extensive additions
to the existing home:
1. Lot width variance to allow construction on a lot 60 feet in width where 100 feet is normally
required; ,
2. Side yard setback variance to allow construction within the 10 foot required side setback. The
additions are proposed to be constructed above existing portions of the home with an eight-foot
side yard setback where a ten-foot setback is normally required;
PAGE 18
MINUTES OF THE
• ORONO PLANNING COMMISSION MEETING -
Monday,March 19,2007
� 6:00 o'clock p.m.
'(#07-3270 Milo Thompson, Continued)
3. A variance to the half-story requirement for a portion of the proposed home where the guest
� apartment will be located; .
4. A variance from the Hardcover Policy Resolution requirement to provide hardcover to any
garage door.
In addition,the applicants are requesting a conditional use permit to allow a guest apartment.
Staff recommends approval of the side setback variance to allow a slightly larger volume encroachment
, into the side setback for a higher roofline. The Planning Commission should discuss the half-story and
make a recommendation to the applicants and to the City Council.
Further,the Planning Staff recommends approval of the conditional use permit for the non-rental guest
aparhnent with the following stipulations:
1. The one main access to the principal residence should be maintained.
2. The utilities for the guest aparhnent shall not be metered separately from the principal residence
� and the apartment shall not have a separate street address. ,
3. No rental of the guest apartment shall be permitted. .
Thompson stated the existing two ends of the house have been constructed out of solid concrete and are
very solid. Thompson stated those two ends would remain,with the pitch of the roof being changed.
The house has been designed to be a retirement house and also to accommodate his children and
grandchildren.
Thompson stated currently there is a detached garage with a sloping sidewalk that becomes icy in the
wintertime. Thompson stated they have attempted to eliminate as many steps as possible and to design
the steps to be able to be negotiated by a chair lift. Thompson stated the guest apartment could possibly
house a caretaker or visitors.
Thompson noted they have kept within the City's hardcover limits and that the house does conform to
the City's height regulation. Thompson stated the house is long and narrow due to the lot and has been
� designed to meet their needs as they grow older.
Acting Chair Kempf opened the public hearing at 8:55 p.m.
. There were no public commen�s regarding this application.
Acting Chair Kempf closed the public hearing at 8:55 p.m.
Thompson stated there are two side yards that will be turned into garden and flower beds.
. PAGE 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING �
Monday,March 19,2007
� 6:00 o'clock p.m.
(#07-3270 Milo Thompson,Continued)
Sweitzer pointed out the ramp and landscaping areas on the overhead.
Thompson stated the property is well screened by a row of six foot arborvitae and has a large number of
trees. Thompson stated the house is not out of character with the two adjacent houses.
Kempf inquired whether anyone on the Planning Commission would be opposed to the side yard
variance.
It was the consensus of the Planning Commission that they would not be opposed to the side yard
variance. '
Kempf inquired what the total square footage of the lookout is.
Thompson stated it is 13' x 20' and that a queen size bed would fill the room.
Kroeger commented from the street side the house is well screened.
Thompson stated one`tree would need to be removed in order to construct the garage.
Sweitzer indicated the existing garage is not in good condition and should be torn down. Sweitzer
stated anotlier reason for the larger windows is to allow egress.
Kempf inquired whether anyone on the Planning Commission is opposed to the entryway as proposed.
It was the consensus of the Planning Commission that the entryway is fine as proposed. .
Kempf moved,Winer seconded,to recommend approval of Application#07-3270,Milo
Thompson,3135 Casco Circle,granting of a lot width variance,a side yard setback variance, a
variance to the half-story requirement,a hardcover variance, and the granting of a conditional
use permit subject to the following conditions: (1)The one main access to the principal residence
should be maintained; (2)The utilities for the guest apartment shall not be metered separated
from the principal residence and the apartment shall not have a separate street address; (3)No
rental of the guest apartment shall be permitted. VOTE: Ayes 7,Nays 0.
10. 07-3272 KERN HOPPE,1150 WYNDMERE ROAD,SUBDIVISION,8:58—9:10 P.M.
Kern Hoppe,Applicant,and Mark Gronberg, Surveyor,were present.
Turner stated the applicant is requesting approval of a preliminary plat to divide the property into two
lots, one for the existing house and one for a new house. �
PAGE 20
MINUTES OF THE
' ORONO PLANNING COMMISSION MEETING •
Monday,March 19,2007
� 6:00 o'clock p.m.
(#07-3272 Kern Hoppe, Continued)
Turner noted the wetland delineation done in 1980 must be updated but cannot be completed until
spring. Both lots would be served by private wells. The property is not within the MUSA. The
applicants have identified an acceptable septic site on each lot.
' Planning Staff recommends approval subject to the following conditions:
1. A wetland delineation acceptable to the MCWD being provided with the application.for final -
plat approval. -
2. The Flowage and Conservatibn Easement being revised as necessary to reflect change in
location of the wetland and current regulations.
3. The plat providing a drainage easement over the portion of the property with an elevation of
969.5 and below.
� 4. Payment of a park dedication fee for the new lot.
5. Payment of the storm drainage fee.
6. The title opinion required with the application for final plat approval addressing the issue of the
• new lot having access from Wyndmere Road. Access from Sixth Avenue North is not
acceptable as it is a county road. � ' �
Gaffron inquired how many lots were created originally.
Hoppe stated four lots were created.
Gaffron stated the applicant probably paid approximately$200 per lot park dedication fee at the time the
. five lots were created but that he would need to verify the amount paid. Gaffron stated the applicant
would be required to pay park dedication fees on only one lot.
� Acting Chair Kempf opened the public hearing at 9:09 p.m.
. There were no public comments regarding this application.
'
Acting Chair Kempf closed the public hearing at 9:09 p.m. .
Zullo moved,Berg seconded,to recommend approval of Application#07-3272,Kern Hoppe, 1150
Wyndmere Road,Subdivision,subject to the following conditions: (1) A wetland delineation �
acceptable to the MCWD being provided with the application for final plat approval; (2)The
flowage and Conservation Easement being revised as necessary to reflect change in location of the
wetland and current regulations; (3)The plat providing a drainage easement over the portion of ,
the property with an elevation of 969.5 and below; (4)Payment of a park dedication fee for the
� PAGE 21
MINUTES OF THE
ORONO PLANIVING CONINIISSION MEETING '
Monday,March 19,2007 .
6:00 o'clock p.m.
(#07-3272 Kern Hoppe,Continued)
new lot; (5)Payment of the storm drainage fee; (�The title opinion required with the application
for final plat approval addressing the issue of the new lot having access from Wyndmere Road.
Access from Sixth Avenue North is not acceptable as it is a county road. VOTE: Ayes 7,Nays 0.
11. 07-3274 BRUCE PADDOCK, 1450 AND 1500 BRACKETTS POINT ROAD,
SUBDIVISION,9:10-9:43 P.M.
George Sticlrney,Developer, and Mark Gronberg, Surveyor,were present on behalf of Bruce Paddock.
Gaffron stated the applicants are proposing a multi-faceted application with the ultimate goal of
improving the marketability and/or buildability of the two residential properties at the southern tip of
Bracketts Point. The application was previously brought forward as a sketch plan,which allowed for a
number of policy issues to be addressed by the Planning Commission and Council.
The applicant is proposing the following:
1. Vacation of the southerly 580 feet of Bracketts Point Road;
2. Re-platting of Lots 1 and 3,Block 1,Bracketts Point,to create:
a) A new private road outlot serving 1450, 1480 and 1500 Bracketts Point Road.
b) . � A 2.00 acre lakeshore lot to replace the 2.00 acre non-lakeshore lot at 1450.
c) a 2.84 acre lakeshore lot to replace the 3.72 acre lakeshore lot at 1500.
d) A new tennis court outlot,potentially to serve as a neighborhood amenity.
The proposed lot line rearrangement is primarily intended to convert the non-lakeshore lot at 1450
�Bracketts Point Road into a lakeshore lot. This lot currently does not have lakeshore and is separated
from the lake by the 20 foot public road right-of-way and 10-20 feet of land across the right-of-way that
is part of 1500 Bracketts Point Road. The goal is to allow replacement of the former caretaker house at
1450 with a new residence commensurate with the upper-bracket homes on Bracketts Point.
The applicant is proposing to vacate the southerly 580 feet of Bracketts Point Road which was originally
dedicated to the public as a 20 foot corridor in its current configuration in 1903. Currently,the 20 foot
right-of-way of Bracketts Point Road contains a narrow paved road/driveway that splits off to serve
homes at 1450, 1480 and 1500. It has no cul-de-sac platted or constructed,but both 1480 and 1500 have
loop driveways that have eliminated the need for vehicle backing. While these provide for some
minimum level of emergency vehicle access, at the average 14 foot width the existing driveway system
PAGE 22
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m. . '
(#07-3274 Bruce Paddock, Continued) , �
does not provide the 20 foot width required by the Minnesota State Fire Code. The current
road/driveway system is not in compliance with these standards.
Gaffron noted the applicant has submitted a revised plan today that does meet the 20-foot standard that
the fire marshal is recommending.
' Gaffron noted the Planning Commission had discussed at some length at its previous meeting the
vacation of the public roadway located in this area. Gaffron stated vacation of a public roadway is
potentially appropriate when the public no longer has current or future need for the roadway. While the
primary need for the existing public roadway is to serve the owners of three properties as an access and
� utility corridor, it has to some extent served other public purposes. It may provide the opportunity for
the public to view the lake, some of which could be lost.With regards to the City's long-standing policy
of not vacating rights-of-way that provide potential direct lakeshore access, Staff would note that this
right-of-way does not abut the lake and provides no public access to the lake.
As part of this formal road and easement vacation application,the appropriate public utility companies '
have been notified today to deternune whether their facilities.
Staff recommends approval, subject to the following revisions and conditions:
1. Vacation of right-of-way to not proceed to Council until the appropriate utility companies have
weighed in; easements may be necessary.
2. The backup"T"area and the first 40 feet of the proposed road outlot should be platted and
dedicated as public road.
3. As a compromise between the 16 feet proposal and the 24 feet City standard,yet meeting Fire
Code,the new road should be paved to a 20 foot width, and Outlot B should be widened to 40
feet to maintain 1'0 feet of shoulder outside the pavement for snow storage,etc.
4. The cul-de-sac right-of-way should be increased to 100 feet and the internal island be reduced
to allow for a 20-foot paved width loop with an outside dimension of 80 feet diameter.
5. The lot line between Lots 1 and 2 should be revised as a result of the above, so that Lot 1
contains at least 2.00 acres.
6. The applicant's request for a hardcover variance for the"Woods"cabin be granted based on the
historic presence of that structure and that it not be required to be removed if/when the principal
residence on Lot 2 is removed. �
7. The applicant's request for a hardcover allotment for the 75-250 foot zone of Lot 2 be granted
based on the unique shape of that lot and the house location requiring excess driveway and
PAGE 23 �
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING '
Monday,March 19,2007 j
6:00 o'clock p.m. F �
(#07-3274 Bruce Paddock,Continued)
'driveway loop to meet fire code standards;but subject to a condition that total replacement or
� reconstruction of the principal residence on Lot 1 be located totally out of the 0-75 foot zone.
8. Formal waiver of the average setback ordinance with respect to Lots 1 and 2 based on the
configuration of the property.
9. The only accessory structure allowed in Outlot A is the private tennis court,and it is specifically
granted a variance to be ten feet from the new street lot line. Ownership of Outlot A may be
either by one, some, or all of the owners of Lots 1 and 2 and the owner of 1480 Bracketts Point
Road.
10. , Preliminary plat approval will not be granted until the City has written confirmation from the
owner of 1480 Bracketts Point Road of acceptance of the new configuration.
11. Relocated sewer main lines will become owned by the City. The existing sewer lines to be
abandoned shall be removed. '
Sticlrney stated they have made some changes to the plan with regard to access,with a turn-around
being provided within the 20 feet of area width and extending the 40-foot right-of-way. Sticlrney stated
the access for the new Lot 1 would go no farther than the southwest corner of the outlot and that the
road is now designed to meet the required width. Sticlrney noted the maj ority of the right-of-ways on
Bracketts Point are 20 feet currently.
Sticlrney stated they do have a signed agreement with the Hendrichs concerning the access and that
certain agreed upon improvements to the Hendrich property would also be done in conjunctiori with this
proposal. Stickney indicated their proposal also helps to clean up the access situation.
Acting Chair Kempf opened the public hearing at 9:25 p.m:
There were no public comments concerning this application. '
Acting Chair Kempf closed the public hearing at 9:25 p.m.
Winer inquired whether there would be any Indian mounds affected by this proposal.
Sticlrney stated the Indian mounds are located further away from these lots and should not be impacted
at all by this proposal.
Sticlrney noted 13,250 square foot of hardcover would be reduced in the 0-75 foot zone,with the
hardcover on the lots being reduced overall. Sticlrney stated the lot is 2.2 acres but 1.55 acres is located
in the 0-75 foot zone. Stickney stated a turn-around is needed to get in and out of the driveways.
� PAGE 24
MINUTES OF THE �
" ORONO PLANIVING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m.
(#07-3274 Bruce Paddock,Continued)
Kempf stated he would like Staff to see if the hardcover could be further reduced and verify the amount
of hardcover that is proposed to be removed.
Kempf stated the Planning Commission did previously discuss at some length the fact that giving up the
public roadway is enhancing the value of this property considerably and whether some compensation
should be paid to the City. Kempf requested that issue be raised by Staff with the City Council. �
Kroeger stated it is highly unlikely that the public would be invited to travel down that roadway if it is
not vacated. .
Zullo stated she does not feel the City of Orono should plow down to the turn-around since the public
has been deterred from traveling down this road. �
Sticlrney stated if the public does travel down that road currentl'y,they have to trespass on someone's
property in order to turn around. Sticlrney noted the City has not maintained this road previously.
Zullo inquired whether the cost to redo the septic would be shared by the three property owners.
Stickney stated that cost would be borne by Mr.Paddock.
Zullo inquired whether the City would be incurring any costs for the connection to the sewer.
Gaffron stated the development agreement would require an escrow for the work and that the developer
would be responsible for those costs. . '
Gronberg inquired whether the sewer lines would need to be physically removed or whether they could
be abandoned and filled with sand.
Gaffron recommended that issue be discussed with the City Engineer.
Zullo inquired whether any hardcover variances are required.
Gaffron stated he has been asked by Commissioner Kempf to verify the hardcover numbers but that the
Planning Commission could move this application along and that item could be raised at the City
Council meeting. "
Stickney stated in other cities they would be allowed 31,000 square feet of hardcover for this type of lot
and that he does not feel the hardcover being proposed is unreasonable.
Gaffron stated the City has granted hardcover variances in the past to lots that have�smaller 75-250 foot
� zones similar to this. Gaffron stated he recommended approval of the application based in large part on
the removals being proposed for the 0-75 foot zone.
PAGE 25
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007 ;
6:00 o'clock p.m.
(#07-3274 Bruce Paddock, Continued)
Zullo stated in her opinion the Planning Commission should adhere to the 25 percent hardcover limit
given its location on the lake. .
Sticlrney stated given the large amount of hardcover that is required for the driveway,the amount of �
hardcover they are proposing for the three lots is reasonable and that the amount of hardcover being
removed in the 0-75 foot zone is a great benefit to the City.
Winer moved,Zullo seconded,to recommend approval of Application#07-3274,George Stickney
on behalf of Bruce Paddock, 1450 and 1500 Bracketts Point Road,granting of a street vacation
and preliminary plat approval,subject to the conditions outlined in StafPs report dated
March 16,2007,with verification of the amount of hardcover proposed to be removed and the•
amount of hardcover to be remaining and/or added,subject to review and approval of the plans �
by the fire marshal, and with the understanding that if the existing house is torn down,a separate
application would be required for construction of a new residence. VOTE: Ayes 7,Nays 0.
12. 07-3275 BPS PROPERTIES,95 LEAF STREET,SUBDIVSION,9:43—10:09 P.M.
' George Sticlrney;Developer, and Mark Gronberg, Surveyor,were present on behalf of BPS Properties.
Curtis stated the applicant has submitted a preliminary plat application for a 39-acre parcel proposed to
be divided into 13 single family residential lots, a private road, and a 4.42 total acre outlot and a 0.07
acre Outlot B. All of the lots would be served by a new private road with cul-de-sac extending westerly
from Leaf Street. All lots would be served by private septic systems and wells. '
As was discussed in January,the proposed development is in conformance with°the Community
Management Plan. The developer is also proposing to conform to the two acre minimum lot size, as
directed by the City Council. The proposed plat appears to meet or can generally meet the City's
ordinance standards for development in the RR-1B zone. The Planning Commission should consider
whether the Conservation Design process has resulted in the best layout for this site. .
If the Planning Commission is satisfied with the proposal,it could be forwarded to the Council for
preliminary plat review. The developer should address the following topics prior to Council review:
1. Aesthetic "rural character"element of Conservation Design.
2. MCWD acceptance of wetland delineations.
3. Respond to and address the City Engineer's comments.
• PAGE 26
MINUTES OF THE .
ORONO PLANNING COIVIlVIISSION MEETING �
� Monday,March 19,2007 �
. . 6:00 o'clock p.m. •
(#07-3275 BPS Properties,Continued)
. Sticlrney stated he has reduced the number of lots from 15 to 13 and that all of the lots meet the City's
requirements for size. Stickney stated the buckthorn and other weeds would be removed and the area
� will be enhanced with native vegetation,trees, and other landscaping.
Sticlmey stated they would be constructing a tennis court and a gazebo, a wood chip trail that ties into
the Luce Line, and other amenities that are designed to enhance the natural features of the site.
Kroeger inquired whether there would be curb and gutter. .
Gronberg stated there would not be curb and gutter.
Zullo inquired whether the Fire Marshal is okay with the proposed development.
Sticlrney stated the three ponds being proposed for the development would also allow the fire
, department to access one of the ponds in the event of a fire.
Gronberg stated a new code has just come out from the State Fire Marshal's Office regarding ponding
and that they are unsure whether that new code would apply in this situation. '
Zullo inquired whether one entrance into the development meets code. .
Gronberg stated they do have the option of installing a dry hydrant with a line down to one of the ponds
which would allow the fire department to access the water in the pond. '
Sticlrney stated he did distribute some information to the Council regarding the width of the streets in
the area and that the road width is consistent with the rest of the area.
Kroeger noted this development is located less than two miles from the fire station.
Acting Chair Kempf opened the public hearing at 9:58 p.m.
There were no public comments regarding this application.
Acting Chair Kempf closed the public hearing at 9:58 p.m.
Winer inquired whether there has been any soil testing conducted.
Gronberg stated the soil testing has been completed. '
Kempf stated the City's Rural Oasis Study also addresses the view sheds of the adjoining properties and
that it appears the significant number of trees that are being proposed for this development help to
preserve the natural character of the area. Kempf suggested the applicant meet with the neighliors to
discuss their views of this area.
' PAGE 27
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING . �
Monday,March 19,2007 ;
� 6:00 o'clock p.m.
(#07-3275 BPS Properties, Continued)
Stickney stated one way they are protecting the view is by not creating a lot adjacent to Watertown
� Road and leaving that natural vegetation.
Gaffron stated Staff did discuss the view corridors as it relates to the Rural Oasis Study with the �
applicant. Gaffron stated in his opinion the developer has the right concept of what the City is
attempting to preserve of the view sheds and that this issue could be reviewed later on in the process if
necessary.
Sticlrney noted he did reduce tlie number of lots proposed on this site also to help preserve the natural
character of the area.
Gaffron commented the City does lose the ability at times to preserve some of the views by clustering
the houses and that perhaps it may be necessary to delineate areas where accessory buildings cannot be
constructed. .
` Kempf stated because the view sheds are important on this particular piece of property,he would still be
in favor of outlots instead of covenants to protect the view sheds from accessory buildings because it
would give more complete protection to those areas. .
Kempf moved,Winer seconded,to recommend approval of Application#07-3275,George
Stichney of BPS Properties,95 Leaf Street,granting preliminary plat approval. VOTE: Ayes 7,
Nays 0. • .
13. 07-3276 ROBERT G.LUESSE,3249 CASCO CIRCLE,VARIANCE, 10:09—10:37 P.M.
Robert Luesse,Applicant,was present.
Curtis stated the applicant's home was damaged by a fire that occurred in March of 2006. The
applicants like the style of their existing home and would like to build a new home on the existing
foundation,keeping the same style of home but reconfiguring the internal dimensions,with a proposed
small lakeward addition conducive to one-level living. The addition is to allow adequate room for a
bedroom which is driven by a health condition. The applicants have also proposed to construct a small
second story to provide room for their growing family to visit. Their intent is to construct a home which
mirrors the one they have lived in for many years and they intend to use the same gravel-style roofing
material thus keeping the pitch of the roof to a minimum as well.
The applicant is requesting the following variances in order to rebuild a home on the property by
reusing the existing foundation and add a second story:
i
PAGE 28
� MINUTES OF T� ,
• ORONO PLANIVING COMMISSION MEETING
Monday,March 19,2007 1
6:00 o'clock p.m. t � �
(#07-3276 Robert Luesse,Continued)
1. Lot area and lot width variances to allow redevelopment of a lot 16,260 square feet in area and
52 feet in width at the OHWL and 57 feet in width at the 75-foot setback where 21, 780 square
feet in area and 100 feet in width are normally required;
2. Hardcover variances within the 0-75 foot zone for 21.4 percent(909 square feet)hardcover
where 0 percent is normally required and 21.4 percent currently exists, and within the 75-250 �
foot zone for 32.3 percent(3,637 square feet)hardcover where 25 percent is normally allowed
. and 31.4 percent currently exists,and within the 250-500 foot zone for 36.8 percent(284 square
feet)hardcover where 30 percent is normally allowed and 36.8 percent currently exists;
3. Lot coverage by structure variance to allow 16.2 percent where 15 percent is normally allowed
and 15.6 percent currently exists;
4. An average lakeshore setback variance to allow a six-foot encroachment into the average
lakeshore setback for a portion of the home;
5. A side yard setback variance for the first level of the proposed home to be set back as close as
� 5.3 feet to the side lot line where a 10 foot setback is required and a 53 foot setback currently
exists in order to reuse the existing foundation of the home.
: Planning Staff recommends approval of the variances to builc�a new home on the site as proposed.
However,the applicant should propose hardcover removals to achieve the previously approved sguare
footage within the 75-250 foot zone as well as remove the lakeside deck. �
Luesse stated they would like to rebuild following a fire they experienced at their residence and that
they would like to expand the main floor to accommodate their needs as they grow older. Luesse stated
they would like to rebuild on the existing foundation even though it does encroach into the side yard .
setback. Luesse noted the side yard requirement at the time the house was originally constructed was
five feet.
Luesse stated the hardcover can be reduced to comply with Staff's recommendation. Luesse noted this
area has experienced some mud slides in the recent past and that the deck was°built in its present
location because it helps to protect the existing hillside.
Acting Chair Kempf opened the public hearing at 10:20 p.m.
There were no public comments regarding this application.
Acting Chair Kempf closed the public hearing at 10:20 p.m. �
Zullo stated she would like to see the side yard setback requirements complied with and that she does
not see the necessity to replace the hardcover in the 0-75 foot zone. • ,
. PAGE 29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007 ?
6:00 o'clock p.m. `
(#07-3276 Robert Luesse,Continued)
Kempf inquired how old the stairway is.
Luesse stated the stairway was constructed after the house was built and is at least 35 years old.
Kempf commented the stairway appears to be getting to the point where it should be replaced.
Luesse inquired whether Commissioner Zullo's comments related to the stairway or the deck.
Curtis noted a stairway is allowed down to the lake along with a landing of 12 square feet in the 0-75
foot zone.
Zullo stated she does not see the need to remove the decking at this point in time.
Kroeger inquired whether the average lakeshore setback would be calculated from the outer point of the
deck rather than the corner of the house. '
Gaffron stated in this situation, if this is a grade level deck or no higher than six feet above grade,it
would be measured from the house. Gaffron stated he is unsure what the topography in the area is.
Luesse stated the deck extends approximately eight or nine feet out.
Gaffron stated that would change the average lakeshore setback line.
Kempf stated the deck and stairs appear to be getting due for replacement. Within the 0-75 foot zone
there is a large deck and that the portion of the stairway that accesses the other set of stairs is�ve feet •
wide and then there is a third deck. Kempf stated the uppermost deck is very close to the grade of the
front yard and that that deck should be removed out of the 0-75 foot zone. Kempf stated it is his
impression that the stairway and landings are out of compliance and should be replaced in some fashion.
Gaffron stated the decks are nonconforming and can be replaced in kind but not expanded.
Rice commented the applicant is able to replace the house in its current location and asked if the second
story fits within the setback.
Curtis stated the applicant would like the second floor to be on the same exterior wall as the first floor to
allow for a three bedroom configuration on the top level.
Kempf inquired whether the cap would be removed and then the house rebuilt from that.
Luesse stated it would be. '
Kempf noted the engineer's report states it is impossible to fill the block foundation and that there is a
long horizontal crack in the wall,which suggests'failure of the foundation. Kempf stated he was able to
PAGE 30
� MINUTES OF THE '
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m. •
(#07-3276 Robert Luesse,Continued)
move the blocks in the area of the crack that he observed on the exterior of the house and that he has a
concern with constructing a new house on top of the existing foundation.
Curtis noted there is an engineering report that is included in the Commissioners'packets.
Luesse stated he was very careful to have the engineer check the items that Commissioner Kempf
referred to. Luesse stated the wing wall located on the north side of the house did move approximately
15 years ago and that he did put some pilaster in that area to support that section of the foundation.
Luesse stated he is interested in constructing the new residence on a solid foundation and that the
existing foundation is solid.
Winer inquired whether the applicant has considered rebuilding the entire house �
Curtis stated the City Engineer has reviewed the report submitted by the applicant's engineer and that
the City Engineer did not note any specific concerns.
Zullo inquired whether the applicant should rebuild the lakeside decks.
. Curtis stated those were mentioned in the report to allow the Planning Commission to discuss that item
as part of the overall application.
Zullo inquired whether the stairway and landings could be removed and replaced with one stairway
without the landings.
Curtis stated it could but that the applicant has the right to replace what is existing. Curtis stated the
second level porch and deck would be considered structure and that the applicant is proposing to fill that
. area in as livable space. Curtis noted the structural coverage on the lot would not increase. '
Curtis distributed a letter from Lucille Carlson,3247 Casco Circle,regarding the project. Carlson has
indicated she does not object to the proposal to rebuild on the existing foundation,including adding a
second story.
Luesse stated he did discuss this project with the neighbor.
Rice moved,Winer seconded,to recommend approval of Application#07-3276,Robert G.Luesse, �
3249 Casco Circle,granting of lot area and lot width variances; hardcover variances within the 0- �
_ 75 foot zone,the 75-250 foot zone, and the 250-500 foot zones; lot coverage variance,an average
lakeshore setback variance; and a side yard setback. VOTE: Ayes 7,Nays 0.
PAGE 31
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007
6:00 o'clock p.m. � -
SKETCH PLAN -
14. 07-3271 JUDSON M.DAYTON,825 OLD CRYSTAL BAY ROAD SOUTH,SKETCH
PLAN �
Judson Dayton; Lisa Dayton;John Winston,Attorney-at-Law appearing on behalf of Judson Dayton;
Chuck Parsons,Attorney-at-Law appearing on behalf of Lisa Dayton; and Mark Gronberg, Surveyor,
were present.
Gaffron noted this is a sketch plan review. The applicant is proposing to combine the three existing tax
parcels and subdivide the property to create three new two plus acre building lots,and one large parcel
for the existing residence, caretaker house and horse barn. The four lots are proposed to be served by
two private driveway outlots over the two existing driveway accesses onto Old Crystal Bay Road. The
easterly of the two existing smaller parcels contains a cabin; the westerly of the smaller parcels contains
a variety of small outbuildings near the lakeshore.
Each of the four lots abuts the lakeshore of Maxwell Bay and each exceeds two dry buildable acres in
area and 200 feet in width measured at the shoreline and at the 75 foot lakeshore setback line. Lots 1, 3,
>and 4 have functional lot widths of 170-190 feet,leaving a potential buildable width of 110-130 feet
once the 30 foot side setbacks are accounted for.
Lot 2 abuts a public or private road. Lot 1 is proposed to access Old Crystal Bay Road via proposed
Outlot B, a variable-width corridor in which exists a driveway that would also serve Lot 2. Lots 3 and 4 �
are proposed to gain access to Old Crystal Bay Road via Outlot A, a proposed 30 foot corridor in which
exists a second driveway. '
Based on the definition of"back lot"and the standards of Section 82-256,Lots 1, 3, and 4 would be .
considered as back lots until or unless they abut an acceptable private or public road. The minimum
standards for a private road would be a 50 foot minimum outlot corridor and a 24 foot paved width. As
proposed Lots 1,3,and 4 are back lots, and arguably should not be created based on the provisions of
Section 82-256(c)(1)(b).
Additionally,Lots 1, 3 and 4 technically are subject to the back lot dimensional standards for lakeshore�
lots in the LR-lA District, summarized as follows:
a. Lots must be at least 3.0 acres in area.
b. Lots must meet a 200 foot lot width standard at the shoreline,at the lakeshore setback line and
at the street yard setback line(the street yard or front yard for any back lot will be a yard
starting where the narrow access outlot corridor ends and the lot begins). �
c. The depth of the required street yard or front yard shall be 75 feet. �
d. The required side yard and rear yard depths for back lots shall be 45 feet and 75 feet '
' respectively. The required lakeshore yard shall be 75 feet.
PAGE 32 �
• MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,March 19,2007 � ;
- . 6:00 o'clock p.m. . '
. (#07-3271 Judson Dayton,Continued)
As proposed,Lots 1, 3 and 4 do not meet these standards. If Outlots A and B were increased to 50 feet
minimum width, it might be reasonable to consider that these three lots abut an acceptable private road.
It may be worth of discussion as to whether merely creating the eonforming private road comdoT,but
not building the road,would be sufficient to eliminate the back lot issue. An area of concern is where .�
Outlot A goes past the horse barn.
In 2006,Hennepin County Transportation Deparirnent indicated that this property should be limited to .
one access onto County Road 84. The fact that this property is being subdivided triggers review by the
County, and although two driveways exist,the county may have the right to limit their increased use for
additional lots.
Orono's Comprehensive Trail System Plan indicates that a trail easement from the Luce Line Trail to ,
Norenberg Park along Old Crystal Bay Road is planned for the future. Whether this trail will go on the
east side or the west side of Old Crystal Bay Road has not been determined. Other than a trail easement, .
no other park needs are identified in this area, and the property would be subject to the standard park fee
for two or three new lots, giving credit for the existing home on proposed Lot 2.
Hennepin County has requested an additional 17 feet of right-of-way along Old Crystal Bay Road for,
among other uses,trail purposes. The City Council will be asked to consider whether a trail easement
, . and/or expansion of right-of-way along the east boundary of the property are required.
' The City Engineer has suggested that the standard drainage and utility easements will be required along
all lot lines, and the appropriate easements be provided over all wetlands and drainageways. Staff
would expect a more thorough drainage review will ultimately be required,and potentially the need for
certain stormwater management systems. Tlie property will be subject to the standard storm water and
drainage trunk fee. �
The property is within the MUSA but does not have municipal sewer directly available at this time. A
sewer force main serving the adjacent Farview neighborhood is expected to be constructed in 2007 and
' will be located in the OCB road right-of-way at the east end of the property. It would be the City's
preference that these new lots are provided with inunicipal sewer. There is the potential that the
Metropolitan Council may not look kindly at providing sewer service to low density areas of less than
three units per acre. In the event that the developer cannot connect to municipal sewer, each new lot �
must demonstrate the capability for two 5-bedroom capacity septic systems.
Gaffron stated hardcbver is not expected to be an issue for the proposed lots as each lot is allowed
approximately 7,500 square feet of hardcover allowance in the 75-250 foot zone. Structural lot
coverage limits do not apply, as each lot exceeds two acres. .
Average lakeshore setback has the potential to become an issue for Lots 1, 3, and 4. The existing home
on Lot 2 is about 175 feet from the lake. The existing lakeshore residence in Little Orchard directly east
of Lot 4 is also about 175 feet from the shore. It follows that the homes on Lots 3 and 4 should also be
175 feet from the shore. This requirement could be established as part of the subdivision approvals,
which would avoid concerns about floating average setbacks. The average setback for Lot 1 would be
PAGE 33
MINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday,March 19,2007 �
' . 6:00 o'clock p.m. �
(#07-3271 Judson Dayton,Continued)
defined by a line between the house on Lot 2 and the house at 3051 Farview Lane,which sits back more
than 400 feet from the lake. This would place the allowable building site on proposed Lot 1 about 290
feet from the shore.
The wetlands on the site will be subject to the appropriate buffer requirements and conservation
easements. Portions of the site are heavily wooded and portions are quite open.The existing barn and
pasture areas visible from Old Crystal Bay Road add to Orono's rural character,as do the wooded
backdrops behind them. It would be appropriate that development of this site be subject to the
principals of Conservation Design,identifying the important aesthetic and ecological elements of the
. site and establishing a program for their preservation.
Proposed Lot 2 contains a residence, a caretaker house,and a large horse barn with a caretaker
apartment. The caretaker house was granted a conditional�use pernut for guest house use and additions
in 1986. In 1992,the then 4,432 square foot horse barn was granted a variance to expand to 5,168
square feet,where the Oversize Accessory Structures ordinance would have allowed only a 3,000 square -
foot building. Also in 1992, a cond'itional use permit was granted for renovation and use of the
caretaker apartment in the barn.
Gaffron stated there are a number of issues outlined in the report for consideration by the Planning
Commission.
• Mr.Winston stated they are dealing with a property that has three tax parcels and they are proposing to
add one new parcel,which should not negatively impact the neighborhood or the community. Winston
stated tonight they are proposing to proceed forward with a plat.
Winston stated the concerns expressed by Planner Gaffron have been raised previously and that they are
not proposing anything different as part of this sketch plan. Winston stated they have attempted to
accommodate the existing topography and the lay of the land,which accounts for the layout of the lots.
Winston stated the plan,is that Mr.Dayton would be able to remain on the central portion of the �
� property and things on the site would remain pretty much as is.
. Winston stated the logical place for the sidewalk would be to go east and that a sidewalk trail on the �
west side of the road does not make much sense.
,
Winston stated they welcome the direction of the Planning Commission on the setbacks. Winston stated
it may make the most sense to go with the 175 foot average lakeshore setback.
Mr.Dayton stated at this point there is nothing planned for the wetland area and that he would like to
keep that as is as long as possible.
Gronberg inquired whether a 50-foot right-of-way would be required. Gronberg stated Outlot B would •
be able to accommodate 50 feet but that the problem is the barn. Gronberg suggested that a portion of
the right-of-way be 30 feet.
PAGE 34
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
, Monday,March 19,2007 �
� 6:00 o'clock p:m.
(#07-3271 Judson Dayton,Continued) .
Gaffron stated one of the issues is the level of usage of the road and that the Council has generally not
required upgrades to the roads on other projects similar to this. Gaffron stated rerouting of the road
should be considered.
Dayton stated it is unlikely the road would be rerouted given the topography of the land.
Gronberg stated with the plat across from Little Orchard a portion of the site had a dedicated easement.
Gaffron stated the City reviewed the trail in this area five or six years ago and were unable to determine
which side of the road the trail should be located on.
Acting Chair Kempf opened the public hearing at 11:08 p.m. ,
There were no public comments regarding this application.
Acting Chair Kempf closed the public hearing at 11:08 p.m.
Kempf inquired what width of roadway the code requires for two lots.
Gaffron stated a road that serves three or more homes has to meet a 24-foot width. One or rivo back lots
can be served with a 30-foot corridor but there would be a three acre standard for the lots.
. Gronberg stated Lots 3 and 4 were included because they do not have 200 feet at the lake and 200 feet at
the 75-foot setback,which requires a minor change to bring those up to code. ,
,
Zullo inquired whether those two lots can be served without having some type of cul-de-sac or turn-
around.
Gaffron stated as the lots become developed,it is likely the fire marshal is going to require some sort of
� looped driveway.
. Zullo asked whether the gravel road on Outlot B would be upgraded to serve the other lot. �
Winston stated they would like to keep it as natural as possible and preserve the trees in that area.
Zullo commented it is a fairly narrow standard gravel road.
Gaffron stated the City does not have a specific standard for driveways serving two lots and that it could
remain gravel or be paved. Gaffron stated it is likely the.fire marshal is going to recommend the width
be 20 feet. � .
Kempf inquired how the average lakeshore setback would be determined. '
PAGE 35
MINUTES OF THE . �
ORONO PLANNING COMMISSION MEETING
Monday,March 19,2007 �
6:00 o'clock p.m.
(#07-3271 Judson Dayton,Continued)
Gaffron indicated a line would be drawn between the existing house and the house located by the lake.
Kempf commented it does not appear that the average lakeshore setback would be an issue.
Zullo inquired whether the three lots could be divided into two lots to allow them to meet the three acre
back lot minimum.
Dayton stated there is a homeowner's association that governs Little Orchard and that they would need
to look at those requirements. Dayton stated that lot is almost two acres and there would not be a lot of
land to take from that lot.
Zullo stated if those three lots were combined and two lots were created,the two new lots would meet
the three acre minimum.
Winston stated he would rather reconfigure the other two lines. Winston stated it is his recollection that
they are 2.9 acres short on one. '
Zullo stated if the lots met the three acre minimum,that might possibly help to meet the county
requirements.
Gaffron inquired whether part of the concern was the one access.
Zullo stated it is. •
�
Gaffron inquired whether any discussions have been held with the county since September.
Gronberg stated he did meet with the representative on the site and was told that it was the county's
feeling it should be limited to one access.
Zullo inquired whether the Planning Commission needs to take any action on this item.
Gaffron requested the Planning Commission provide direction on the issues that he raised in his report
and that he would like to bring this sketch plan forward to the City Council for their input as well.
Zullo stated the remaining issues are the width of the road and Outlot A. .
Gaffron stated the fact that they are creating an outlot that abuts an existing building does create some �
issues.
Kempf noted the barn was expanded at some point and that it would make sense to reduce the size of the
barn at the point that it encroaches into the outlot. Kempf noted there are a number of structures located
within the 0-75 foot zone.
PAGE 36
. MINUTES OF TI�
ORONO PLANNING COMMISSION MEETING
Monday,March�9,2007 }
6:00 o'clock p.m. . '
(#07-3271•Judson Dayton,Continued) �
Dayton stated some of the buildings are more than 100 years old but that he would not have a problem
removing some of the other structures.
Kempf recommended the applicant photograph the buildings and provide some documentation of the
age of the structures. Kempf inquired whether the applicant is agreeable to the park dedication fees.
Winston stated he has not had a chance to thoroughly address that issue but that in their opinion they are
only adding one lot. '
Gaffron stated an argument could be made that the other two lots were existing.
Winston stated he would like to address the 17-foot issue at the same time as the right-of-way is
discussed with the County. ,
The Planning Commission took no formal action on this item.
PLANNING COMMISSION COMMENTS
. 15. REPORT OF PLANNING GOMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS FEBRUARY 26 AND MARCH 12,2007
Kroeger reported on the February 26 City Council meeting,noting that all four zoning applications were ,
placed on the Consent Agenda. Kroeger stated a suggestion was made to create an environmental
board. Kroeger noted the Runkel kennel license was approved.
Kang reported on the Maxch 12`�'City Council meeting,noting that they tabled the Ivy Street application
due to the absence of the applicant. Kang stated the application by Vogue ICF Homes was red tagged
and that the developer ran into foundation problems.
Gaffron stated the developer will be allowed to continue with the project once all the required reports .
� are submitted.
Berg noted a number of trees have been removed on the property located at Walters Port..
Gaffron stated Staff was not aware of the tree removal and would look into it.
Kang stated the MetroBuilding application was referred back to the Planning Commission and that the
Philip Carlson development was approved. �
i
. PAGE 37
MINUTES OF THE
ORONO PLAN1vING COMMISSION MEETING
Monday,March 19,2007 '
6:00 o'clock p.m. �
16. APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES �
March 26—Kempf
Apri19—Winer
ADJOURNMENT
Winer moved,Zullo seconded,to adjourn the Orono Planning Commission meeting at 11:34 p.m. �
VOTE: Ayes 7,Nays 0.
� There being no further business to discuss,the meeting was adjourned at 11:34 p.m.
. .� �� ��
Ralph Kempf,Acnng Chair
.
. PAGE 38