HomeMy WebLinkAbout04/16/2007 Planning Commission Minutes MINUTES OF THE j
� � ORONO PLANI�TING CONIMISSION MEETING
Monday,April 16,2007 —
6:00 o'clock p.m.
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members
_ present: Chair Ralph Kempf,Commissioners Tess Rice,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 James Murphy and Mayor White were
present.
Commissioner Jaye Ann Zullo arrived at 7:16 p.m.
Chair Kempf called the meeting to order at 6:03 p.m., followed by the Pledge of Allegiance.
APPROVAL OF MINUTES
1. PLANNING COMMISSION MEETING OF MARCH 19,2007
Berg moved,Kang seconded,to approve the Planning Commission minutes of March 19,2007,as
submitted. VOTE: Ayes 5,Nays 0.
OLD BUSINESS .
2. #06-3225 DAVID CARLSON ON BEHALF OF 875 WBW,LLC,875 WAYZATA
BOULEVARD WEST,REQiTEST REZOI�TING,6:07–6:45 P.M.
Steve Johnston of Landform and David Carlson of WBW,LLC,were present.
Gaffron stated the applicant is requesting approval for a nine unit Residential Planned Unit
Development on this former New Horizons daycare site. The property is the subject of a '
Comprehensive Plan amendment to allow density of approximately 1.4 units per dry buildable acre,
where the current d"ensity maximum is 0.5 units per acre. The property consists of 11.75 acres and 6.5
acres dry buildable. �
This item was last reviewed by the Planning Commission in November 2006 and tabled pending
l,Vietropolitan Council approval of the CMP amendment. The CMP amendment received City Council
approval on August 28,2006,but it has been held up by the Metropolitan Council primarily due to
concerns over Orono's recent development density. Staff is anticipating Metropolitan Council approval
of the CMP amendment within the next few days. The application for preliminary plat and concept plan
approvals is before the Planning Commission tonight.
Gaffron stated the items for consideration are as follows: '
� ,.
' PAGE 1
MINUTES OF THE '
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
' 6:00 o'clock p.m.
(#06-3225 David Carlson,Continued) .
. 1. , In November the Planning Commission discussed the potential impacts of this development on
. Luce Line Trail users and ways to mitigate those impacts.
� 2. The preliminary plat has each lot extending through the wetland,with individual ownership of
wetlarid rather than association ownership. •
3. The proposed 20 foot roadway width is substantially less than the 28 foot width required by the
° subdivision code for private roads serving more than seven homes; the Fire Marshall will be
ased to address whether this meets the minimum provisions of the Fire Code.
4. Access to the site will be via the existing driveway access location. Discussions with MnDOT •
and Hennepin County about a possible `roundabout'replacing the semaphore at Old 12 and
Wayzata Boulevard are ongoing. Access to the Montessori School across Highway 12 has been
an issue of late, and there may be future access revisions that will affect the applicants' �
property.
5. The Planning Cominission should review the Conservation Design information provided and
consider whether it comprehensively addresses all identified concerns.
6. The applicant should provide updated elevation views of the dwelling units. '
7. With regards to meeting Metropolitan Council's 3.0 units per acre requirement for new
- development within the MiJSA,the applicant provided an analysis to show that by excluding
certain land types from the calculation per Metropolitan Council guidelines,the three units per
ace standard may be met. It is possible that Metropolitan Council will require that the westerly �
triangular portion of the site be either placed in a conservation easement or be donated to the
city or MnDNR. The Planning Commission might consider whether acceptance of an open
space easement over this land would be appropriate. Such an easement could allow for
development of additional natural screening of the Luce Line from new Highway 12.
Kroeger noted Planner Gaffron had commented on the MUSA requirements of three units per acre and
inquired whether the entire wetland would be included in that calculation.
Gaffron stated the Metropolitan Council's standards for calculating the three units per density allow you
to take out land that is not buildable as well as wetlands, and Staff has been advised that the
Metropolitan Council is okay with removing the wetlands, stormwater ponds under easements,wetland �
buffers,but not the 20-foot wetland setbacks as part of that calculation. .
Kroeger asked whether the property�owner would still own those sections that would be taken out of
that calculation. • �
Gaffron stated they would.
PAGE 2
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m.
(#06-3225 David Carlson,Continued)
Steve Johnston,Landform,illustrated the existing vegetation and trees that are on the site as well as the
wetlands on the site,which would remain untouched during construction of this project. Johnston
pointed out a small wetland located near the septic system utilized by the daycare facility.
Johnston pointed out the right-of-way line for the new Highway 12 corridor.
Johnston displayed their proposed site plan and noted the units would be clustered on the site and the
existing driveway would be maintained. Johnston stated they have attempted to preserve as many trees
as possible on the site,especially along the Luce Line Trail, and would be supplementing the existing
trees with additional plantings.
Johnston stated they are proposing a 25-foot wide street in an effort to reduce the hardcover on the site
and the runoff. No curb and gutter are being proposed,with the runoff being designed to drain to a
series of rain gardens to be constructed on the site. The site would mainly be served by gravity sewer
and water,with a small lift station being constructed to serve one of the units. Ongoing discussions
have been held with the City of Long Lake and Orono,but the issue of the sewer has not been resolved.
Johnston noted the City of Wayzata has agreed to provide sewer and water to this site if an agreement
with Long Lake is not reached.
Kempf asked whether ongoing maintenance would be required as part of the filter assembly used in the
catch basins.
Johnston stated that is a proprietary device called a Wimco,which is utilized until the turf is established
and then is later removed. Johnston stated it basically serves as a temporary filtering device during
construction.
Kang inquired whether any excess noise is anticipated from the new Highway 12 corridor that would
negatively impact this development.
Johnston pointed out they are attempting to stay away from the new Highway 12 corridor as much as
possible with the units and that a berm would also be constructed to help mitigate any noise from the
highway.
Kempf inquired about whether a retaining wall would be constructed.
Johnston pointed out the area of the slope on the overhead. Johnston stated they are proposing to create
a 1:1 slope and then armor the bank with stone and vegetation to help prevent erosion rather than
stacking the stone sixteen feet high.
Kempf stated the conservation booklet did not really contain a specific plan for this site and that he
would like to see more details regarding the measures that would be taken to address those issues.
Johnston stated the difficulty is that the City has not yet adopted a conservation ordinance and that it is
difficult to respond to it without some guidance. Johnston stated they attempted to address the major
PAGE 3
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m. ,
(#06-3225 David Carlson,Continued) �
points. One of the more invasive species on the site is reed canary grass,which comprises the majority �
of the wetlands. There is not a substantial amount of buckthorn on the site. Johnston stated they would
appreciate some direction from the City on how to proceed. �
Kempf commented the planting scheme for this site is in small print on their exhibit and inquired what
is being proposed for the site along the Luce Line.
Johnston stated there are approximately two dozen trees planted along the Luce Line currently and that
they are proposing to make that area look as natural as possible. Johnston pointed out the row of
evergreen trees that are curreritly on the site. .
David Carlson illustrated the interior and exterior views of the units. Carlson stated one of the units
would not be a walkout and to help add extra room to that unit some additional space was added under
the dormer. The siding consists of cedar shingles with ornamental irim boards around the windows and
planter boxes. These units would be marketed to the empty nester type person. Carlson displayed the �
proposed floor plan,noting that the main floor of the units have been designed to accommodate a
wheelchair.
Carlson stated additional bedrooms are being constructed on the second level due to the poor soils in the
area. Eight of the units have been designed to be walkouts. The individual unit owners have the ability
.to pick between the standard two-car garage and a three-car garage. Carlson noted the windows on the
upper level would be transient windows,which would prevent the neighbors from being able to see
inside the adjoining unit.
Carlson stated there will be some highway noise that could be heard on this site,but given the type of
market that this development is geared toward,it is unlikely that it would be a major issue.
Carlson requested the Planning Commission forward this application to the City Council.
Berg inquired what the base price for one of the units is. . �
C,arlson stated the price per unit is close to a million dollars.
Johnston stated every lot is capable of accommodating a three-car garage,with some bump-out parking
also being added along the roadway.
r
Kempf stated he personally feels the wetland area would be better protected if the lot lines did not run �
through it and were instead controlled by the association. Kempf expressed a concern that the wetland
buffer area would eventually be used by the property owner. Kempf stated he would also like to see
some more definition to the conservation design as well.
. PAGE 4
MIN�UTES OF THE � .
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m.
(#06-3225 David Carlson,Continued)
Gaffron stated this is a concept plan approval and that the City Engineer and Fire Marshal still need to
review the plan. Once Staff hears back from the Metropolitan Council on the density,this application
• will be brought before the City Council with whatever conditions the Planning Commission places on it. �
Chair Kempf opened the public hearing at 6:43 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 6:43 p.m.
Kroeger moved,Rice seconded,to recommend approval of Application#06-3225,David Carlson
on behalf of 875 WBW,LLC,875 Wayzata Boulevard West,concept plan and preliminary plat
approval subject to,one,Metropolitan Council approval of the CMP amendment; and two,review
and approval by the City Engineer and Fire Marshal. VOTE: Ayes 6,Nays 0.
3. #06-3259 LAKE COUNTRY BUILDERS ON BEHALF OF KATHY AND GARY
GANGSTEE, 1374 REST POINT ROAD,VARIANCE,6:45—6:56 P.M.
Ryan Smolek,Architect,was present.
Gaffron stated the applicants have submitted a revised site plan,revised building plans and elevations,
and revised hardcover calculations. In these new plans,the existing house will be completely removed
and a new two-story home of approximately the same 1250 square foot footprint area and oriented east-
west rather than north-south would be constructed to meet the required 30 feet street setback.The two-
story connecting link to the garage is still proposed. As a result of these revisions and the consideration
of this site as a total replacement,the following variances are required:
1. . Lot area(0.65 acre where 1.0 acre is required);
2. Hardcover in the 75-250 foot zone. 24.7 percent is proposed where 30.3 percent exists and 25
percent is allowed;
3. Hardcover variance for the 0-75 foot zone. 7.72 percent is proposed where 9.0 percent exists
and 0 percent is allowed; � �
4. Side setback variance for existing garage attachment and upward expansion. 9.1 foot existing
where 10 feet is required;
5. Variance to Section 78-1432,re: Accessory structures. One of the property owners' goals
• ' continues to be the ability to retain the nonconfornuty pool which is partially within the 0-75
foot zone:
� PAGE 5 �
MINUTES OF T� .
' ORONO PLANNING COMMISSION MEETING '
Monday,April 16,2007
� 6:00 o'clock p.m. ,
(#06-3259 Lake Country Builders, Continued)
The applicants have responded to the Planning Commission's direction from the February meeting. The
primary issue for the Planning Commission to consider is whether or to what extent a hardcover
variance is appropriate for the site. •
The Planning Commission should address the following:
� 1. Whether the applicants should be granted a hardcover variance to be allowed to keep�the pool,
given that it is a nonconfornuty and partially in the 0-75 foot zone, and that it is the primary
reason for excess hardcover on the site. �
2. . Whether a hardcover variance should be granted for the 75-250 foot zone, given that this is ,
considered as a total rebuild on a lot that is nearly conforming in width and has a substantial
hardcover allotment for the 75-250 foot zone.
3. Whether there is any issue with attaching the house to the existing garage that is slightly too
' close to the lot line.
Smolek stated the plan was revised in response to the direction of the Planning Commission,with the
hardcover also being further reduced from the last meeting. .
Kempf noted there is an existing swimming pool which is driving some of the variances and that the
applicants have gone through a number of plans,with the Planning Commission recommending that the
structure be pushed further back. Kempf stated it is unusual to allow a new structure with the same
variance allowances as a remodel but that it was felt by the Planning Commission that this was the best
route to go. •
Smolek stated the garage footprint is proposed to remain. The existing space under the garage would be
remodeled,with the stairway to the upper level being removed.
� Kempf stated the Planning Commission does not have a problem with the lot area variance. Kempf
inquired whether there is any opposition to the side yard setback.
Gaffron stated the side yard setback is proposed at 9.1 foot for the garage where there should be 10 feet.
Kempf sta.ted the remaining outstanding issue is the hardcover and that in his view the Council should
weigh in on that issue.
Chair Kempf opened the public hearing at 6:55 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 6:55 p.m. '
PAGE 6
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m.
(#06=3259 Lake Country Builders,Continued) �
, Kang moved,Kroeger seconded,to recommend approval of Application#07-3259,Lake Country '
Builders for Kathy and Gary Gangstee, 1374 Rest Point Road,granting of hardcover variances
for the 75-250 foot zone and the 0-75 foot zone,granting of a lot area variance,a side setback
variance, and a variance to accessory structures. VOTE: Ayes 6,Nays 0.
4. #07-3262 JAMES AND CORRINE BECK,3820 CHERRY AVENUE,VARIANCE
6:56—7:11 P.M.
James Beck,Applicant,and Kathy Alexander,Architect,were present.
Curtis stated at the February 20�'meeting,the Planning Commission directed the applicants to revise
their plans to show the following:
1. No second story encroachment on the side with the substandard setback.
2. Total peak height revised so that it is not much higher than the existing home's peak height on '.
the lake side.
The applicants were also directed to explore mitigation of any negative wetland impacts as a result of
drainage from the properiy.
The following variances are requested in order to construct extensive additions to the existing home:
1. A lake setback of 413 feet for the house and 29 feet for the deck where 75 feet is normally
required;
2. A side setback variance to allow a five-foot side yard setback where 10 feet setback is normally '
required and 5 feet currently exists;
3. Hardcover variances to allow 17 percent hardcover within the 0-75 foot zone where 0 percent is
normally allowed, and to allow 32.1 percent within the 75-250 foot zone where 25 percent is
normally allowed and 27.3 percent currently exists;
4. A height variance is required as the lowest level is by definition the first story and the additions
make this a three-story house where only 2 'h stories are allowed.
While Planning Staff recommends approval of some level of hardcover variances in conjunction with
this project,the levels requested may still not be reasonable. The applicants have a large deck in the
main 0-75 foot area that may be reduced slightly to lessen the proposed overall hardcover levels.
Planning Commission should discuss the additional requirement of the lake setback on the easterri
portion of the lot and whether or not the hardcover as requested is reasonable.
PAGE 7
MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
� � Monday,Apri116,2007
� 6:00 o'clock p.m.
(#07-3262 James and Corrine Beck, Continued) ,
' If the Planning Commission feels that there is hardship with respect to the location of the existing home
and it is a reasonable request of the applicants to preserve the personal historical value of the existing
home, Staff will support some level of hardcover and setback variances to allow the additions.
Additionally, Staff continues to not support a height variance. Further, Staff would recommend the
applicants submit revised plans reflecting the third level as a half-story as allowed:
Curtis noted John Smythe,Bonestroo,is recommending a 16-foot wetland buffer,but that it is not
• required.
Alexander stated they have reduced the mass and the height of the structure. Alexander stated she
.would like to address the issue of the third story. The existing lowest level is garage and unfinished
basement and measures 6' 10.5' to 6' 11.5". According to the code,habitable space is defined as seven
feet and t�is would be uninhabitable space. .
. �
Curtis requested the Planning Commission address that issue and that she did speak with the City's
building inspector,Lyle Oman,that specific requirement for habitable�space and that he would not
disallow someone to finish their basement because of that low height. In new construction that would
� not be allowed.
• Alexander stated it would be undesirable space once it was sheetrocked and a ceiling was added because •
- the height would be reduced even further. Alexander pointed out the Becks currently own a three-story
house and they are looking to remodel the existing structure.
Kempf stated this appears to be another situation where it is being called a remodel in order to preserve
the current location of the structure and there is the expansion of a nonconformity in close proximity to
� the lake. Kempf noted this is a small lot and there is little room for expansion but that in his opinion the
whole house should be pulled back and constructed on a suitable foundation. •
Alexander stated their structural engineer has submitted a letter to the City indicating that the foundation
is very sound. .
Kempf noted the foundation is only seven feet height. ,
. Alexander pointed out there is a very small buildable area on the lot and that they could run into the
need for pilings if the house were relocated.
Berg commented she has a concern regarding the height of the structure and maximizing the lot.
Alexander stated it is within three feet of the existing structure.
Berg indicated she is not supportive of the amount of massing on the lot. �
Kroeger stated it appears to be a three-story structure.
PAGE 8
MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Monday,Agril 16,2007 '
' 6:00 o'clock p.m.
(#07-3262 James and Corrine Beck,Continued)
Alexander stated if the lower level is uninhabitable according to the building code,it should not be
� considered a level.
Kempf stated he would like to see the height of the building reduced to two and a half stories given its
close proximity to the lake and the appearance of massing on the lot.
Alexander stated the proposed structure is already close to the lakeshore.
Kempf stated it would be expanding a nonconformity.
Beck stated they attempted to meet the direction of the applicants from the last meeting and that they
have designed an attractive house. Beck stated it seems that every time they appear before the Planning
Commission a new direction is given. '
Berg inquired whether the two and a half story limit was mentioned previously.
' Beck stated it is news to him and that the space in the basement is not habitable.
Curtis stated the applicants were directed to lower the total peak height and that the expansion of the
structure should not extend up to the upper story.
Gaffron inquired how the uninhabitable spaces would be used by the property owner.
Beck stated it would be open space and used for storage. ,
Alexander stated it allows them access to the house from the garage.
Berg inquired whether those rooms would be finished.
Beck stated they would not be finished.
Kempf stated in his view the applicants did respond to the direction of the Planning Commission
C�air Kempf opened the public hearing at 7:10 p.m.
There were no public comments regarding this application. ' �
Chair Kempf closed the public hearing at 7:10 p.m.
Kempf moved,Kang seconded,to recommend approval of Application#07-3262,James and
Corrine Beck,3820 Cherry Avenue,granting of a lake setback of 41.3 feet for the house and 29
feet for the deck,a side setback variance,hardcover variances,and a height variance. VOTE:
Vote 4,Nays 2,Berg and Kroeger opposed.
PAGE 9
MINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3262 James and Corrine Beck, Continued)
� Kroeger stated he would like to see the three story issue resolved and that there is a better way to deal
with this issue.
Berg stated she is opposed to the increase in massing on the site.
5. #0-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJANIIN
MILBRAT�, 1404 BALDUR PARK ROAD,7:11—7:50 P.M.
John Vogstrom,Vogue ICF Homes,and Darrin Hahn,Architect,were present.
Turner stated the applicant is requesting the following variances to construct a new house:
1. A lot area variance of 0.28 acre when 0.5 acre is required;
2. A lot width of 49.75 feet when 100 feet is required;
3. A hardcover variance of 16.07 percent in the street side 0-75 foot zone when none is allowed
� and 43.68 percent hardcover in the 75-150 foot zone when 25 percent is allowed;
4. A variance to not maintain the required lot grade elevation of 931.5 for 15 feet from the end of
the proposed structure; �
5. A variance to allow windows in the gable end of the half story.
The applicant was directed to revise his plans at the last Planning Commission meeting and that the
applicant has submitted a revised plan,which is before the Planning Commission tonight. Tumer stated
the applicant was also directed to remove the gables,which have been done,and to reduce hardcover.
Hardcover has been reduced by changing the garage to a two-car garage,which eliminated a portion of
the driveway in front of it and the sidewalk. ,
Planning Staff recommends approval of the width and lot area variances; approval of the floodplain
variances subject to approval of the grading plan by the City Engineer and the MCWD; approval of the
hardcover variance for the street side 0-75 foot zone and the 75 to 250 foot zone subject to the driveway
taper complying with City standards with total hardcover remaining at 3000 square feet or less; and ,
approval of the height variance.
Turner stated it was pointed out to Staff today that the neighbor's rail on his deck is less than six feet
above grade and therefore results in a change in how the average lakeshore setback line should be
deternuned. This change requires relocating the house approximately three feet further from the lake.
' PAGE 10 .
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007 �
6:00 o'clock p.m.
(#07-3266 Vogue ICF Homes,Continued)
Vogstrom stated he is not opposed to relocating the house further back but that he was just recently
notified of that Sunday night and he did not have time to revise the plans. Vogstrom inquired what
elevation the first floor needed to be at.
Turner stated the variance deals with the floodplain requirement and that it is the grade around the house
that should be at 931.5 feet. The floodplain regulations require 931.5 feet for fifteen feet out from the
house and not 932.5 feet. Turner stated the floor of the house should remain at the 933.5 foot elevation
as required by the Watershed District.
Vogstrom stated the next door neighbor requested they keep the house as low as possible but that he
would like to keep the house at the 933 foot elevation. '
Vogstrom noted they did reduce the height of the structure as well. Vogstrom stated the homeowner
would like to widen the driveway from its current eight-foot width to 9.5 feet. Vogstrom stated in •
relocating the house tliree feet further back,that would reduce the proposed hardcover somewhat.
Vogstrom stated they would like to keep the jog of the house lined up with the neighbor's house,which
is also the neighbor's request.
Kroeger inquired whether the applicant would meet the 3000 square foot hardcover limit.
� Vogstrom stated he would be very close but might be 20 to 30 feet over.
Gaffron stated relocating the house would eliminate 24 feet of hardcover and that by widening the
driveway to 9.5 feet the applicant would be over on the hardcover. �
Vogstrom indicated he would like to get the surveyor out there to see exactly what the hardcover would
be at. .
Hahn stated there is a concern about backing out the 90 feet on an eight-foot wide driveway. �
Turner stated the driveway would need to be reconfigured and be at a 2:1 slope.
Vogstrom stated they would look at reconfiguring the driveway.
Berg recommended the new hardcover numbers be submitted prior to the City Council meeting.
Kempf stated the Planning Commission has limited the hardcover to 3,000 square feet or lower. .
Vogstrom stated he would look at the hardcover and would attempt to comply with the hardcover limit
set by the Planning Commission.
Chair Kempf opened the public hearing at 7:25 p.m.
PAGE 11
, MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m.
(#07-3266 Vogue ICF Homes,Contined) �
Charles Reid, 1400 Baldur Park Road, stated he has resided in this area for 32 years and that one of the
biggest issues he has is the water runoff. Reid displayed photographs illustrating the water runoff onto
� his property and expressed a concern about the runoff that would come from this property. Reid stated
he was not able to move his house any closer to the side lot line at the time he constructed his house.
Reid stated he was also told his house could not be taller than 30 feet tall and that his entryway is seven
� feet tall. Reid noted the applicant is proposing a 38 foot peak and that this house would be taller than
the two adjoining residences.
Reid stated the downspout would force more water down the front and onto his property. Currently his
property floods every year. Reid noted his front yard is lower than lake level and that he was promised
by the City Council that that area would be bermed and force the water away,which has not corrected
the problem. Reid stated he would lose his view of the lake if the house is constructed where proposed ,
and at its proposed height.
Reid stated he was told he could have no more than 40 percent hardcover and that he has issues with the
height of the structure,the density, and the runoff issues. Reid stated the applicants should be limited to
what he was allowed on his property and that a house of this density would create additional runoff
, problems on his property.
Bill Anderson, 1408 Baldur Park Road, stated he has spoken with the homeowner and attempted to
work out the issues with the builder. Anderson stated he is in agreement with Reid and that there are
severe drainage issues in this area and that the ground is very soft in this area,which may have difficulty
supporting a structure of this size.
�
Anderson indicating they do appreciate sliding the house back but that the peak of the house at 38 feet
� would put this residence at approximately 13 feet higher than their house,which adds to the massing in
the neighborhood. �
Anderson indicated they have created a swale on their property to help collect the water and that he is
unsure whether there is any solution to help keep the water off the other adjoining property.
Chair Kempf closed the public hearing at 7:38 p.m.
Turner stated the City Engineer is aware of the drainage issues and that some changes would need to be
made to the applicant's drainage plan. In regard to Mr.Reid's lot,there is a slight berm along the
� lakeshore,with the ground being lower behind the berm, and that it is unclear whether the water can
drain down to the lake properly. Turner stated the applicants are proposing to cut an area through the
berm to help the water drain down to the lake. •
Reid stated the lakeshore was rip-rapped and that there were no plans for there to be a dip in the berm.
PAGE 12
. _ ,. . ,.. ,.. . .._ .. .
MINUTES OF THE
ORONO PLANNING COMMIS$ION MEETING
Monday,Apri116,2007
' 6:00 o'clock p.m. .
(#07-3266 Vogue ICF Homes, Continued)
Vogstrom stated they experienced the same type of problem off of Shady Oak Road and that he is
willing to work with the neighbors on the drainage issues. Vogstrom stated he is confident that he can
help lessen the runoff to Mr.Reid's property and that there should be no additional runoff onto his
property as a result of this project.
Kempf stated the pictures produced by Mr.Reid demonstrate that the icing over the years has caused
, some of these ponding problems.
Reid stated he did install a pipe on his property a number of years ago and that the pipe is now lower
than the lake level. The berm has not been receded by the lake and the ponding is not caused by the ice.
Reid indicated he has not raised the elevation of his yard like his other neighbors have.
Chair Kempf closed the public hearing at 7:40 p.m. .
Vogstrom stated he does plan on relocating the house five or six feet back to help resolve the neighbor's
concerns with his view.
Zullo stated there appears to be cooperation between the neighbors and recommended that the applicant
have a definite drainage and grading plan submitted to the City as well as a revised plan depicting the
new location of the residence prior to this application going forward to the City Council. �
Vogstrom stated he did not find out about the location of the deck being changed until this morning and
that he is willing to submit a plan showing the new location of the residence. Vogstrom stated he
already has a drainage plan that he has submitted to the City.
Kempf concurred that Mr.Reid does have a severe water problem,which would exist even if this
property is developed. Kempf stated it appears the drainage in the area would be improved with this
project and that he would like to see the hardcover kept at the 3,000 square foot limit.
Kempf noted there is a 20'by 22' garage,which allows for very little storage.
Vogstrom stated they had to reduce the size of the garage in order to reduce the hardcover and that they
are planning on having a storage area above the cars.
Kempf stated the Planning Commission had indicated they would be in agreement with the proposed
peak height if there were no windows in the gable end of the building,which the applicant has complied
with.
Kempf moved,Kroeger seconded,Application#07-3266,Vogue ICF Homes on behalf of Karen
and Benjamin Milbrath, 1404 Baldur Park Road,to recommend approval of a lot area variance;
lot width variance; hardcover variances to allow 16.07 percent in the street side 0-75 foot zone and
43.68 percent hardcover in the 75-150 foot zone,with a maximum hardcover not to exceed 3,000 �
square feet; a variance not to require maintaining the normally required lot grade elevation; and
� PAGE 13
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 dclock p.m. .
(#07-3266 Vogue ICF Homes,Continued)
a building height variance if the gable end windows are not present; subject to tapering the
driveway to meet City standards without increasing the hardcover over 3,000; and subject to the
City Engineer's recommendations and the Watershed District recommendations; and relocating
the house five to sia�feet further back. VOTE: Ayes 5,Nays 1,Zullo Opposed.
Zullo stated she would like to see the final plans showing the relocation of the house and the drainage
for this lot prior to moving the application forward to the City Council.
NEW BUSINESS �
6. 2001 SUGAR WOODS DRIVE—APPEAL OF WORK IN PROTECTED AREAS,
7:50—8:05 P.M. �
Andy Anderson,Applicant,was present.
Gaffron stated the applicant has filed an application seeldng to waive the requirements or standards of
the covenants of the Sugar Woods development. The first part of the application involves removal of
trees greater than two inches in diameter within the required yards and the second part involves grading
within the required yards. �
A special review procedure was established by the City in dealing with requests of owners who are
unable to meet the special standards agreed upon by both the City and Developer Sid Rebers in the early
1990s for the Planned Residential Development of the Sugar Woods subdivision.
The Anderson application includes the following: �
1. A request to vary from the standard that prohibits the removal of trees greater than 2 inches
diameter at four feet above grade,within the"no grading zone/woodlands protection area,",i.e.,�
in the setback areas defined within each lot. Tree removal is proposed to allow for grading to
help eliminate existing drainage problems on the site. Tree replacement is proposed.
2. A request to allow grading within the protected area,to help solve the�drainage problems on the
site. . '
Council has approved an abbreviated process for all such requests whereby the Planning Commission
shall assume the sole responsibility for the review and final recommendation regarding the special
requests. Each applicant shall have the right of appeal to the Council of all decisions of the Planning
Commission. In other words, should the application be denied or a tie vote occurs,the applicant would '
have the option to then proceed before the Council. This is brought to the Council as an appeal and
would involve payment of a fee. �
. PAGE 14
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m. .
(Sugar Woods Drive—Appeal of Work,Continued)
The applicant is a resident of Sugar Woods and is replacing his existing home. Staff has been advised
by the applicant that the Sugar Woods Homeowners Association has reviewed the house and site plans
and has granted their approval.
There are a number of factors with the applicant's site that could be considered as unique or limiting site
conditions:
. 1. Topography of the building envelope,the setback areas, and the surrounding properties that
brings drainage directly through the buildable area of the lot.
� 2. Existing sub-optimum drainage conditions caused by development that respected the covenants
when originally built,but in doing so did not solve potential drainage problems inherent in the
site. ,
3. Location and condition of existing trees within the protected areas and the potential for those .
trees to thrive given the current and proposed site conditions:
� The City Engineer is in the process of reviewing the latest revision of the proposed grading and drainage
plan. �
Anderson stated the main reasons for this appeal are to handle the trees that are dying and that they
would like to remove those trees and replace them with evergreens. Anderson indicated the trees do not
get the sunlight that they require,which is the reason the trees are dying.
Anderson stated they meet all of the covenant's restrictions as far as the building is concerned but that
they would like to address these other issues. .
Chair Kempf opened the public hearing at 7:59 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 7:59 p.m. '
Rice commented this property is more heavily wooded than some of the other properties located in the
Sugar Woods development and that she does not think the removal of the trees would be a problem.
Anderson stated his sump pumps are required to pump almost continuously 24 hours a day and that
something needs to be done to address the water in this area. Anderson stated the neighbors are not �
opposed to the project.
Kempf stated he would like to see the trees replaced in a thoughtful manner. Kempf stated it appears
� that the trees were planted a while ago and were not taken care of over the years. Kempf recommended
PAGE 15
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m.
(Sugar Woods Drive—Appeal of Work,Continued)
that the entire neighborhood would benefit from an arborvist going through the entire neighborhood and
" , making specific recommendations for each property. � ' ,
Kroeger indicated he is in agreement with Chair Kempf. -
Zullo stated she would like to see some guidance given on the type of trees that are planted and that
replanting of any trees that die during this process should be required.
Anderson stated they would like to keep the neighborhood as is and that they are working with some
people on the appropriate plantings.
Zullo moved,Kang seconded,to recommend approval of Item 6,2001, Sugar Woods Drive,
subject to review and approval of the landscaping plan,subject to the condition that the trees
proposed to be planted would be replaced in the event they die within two years of planting.
VOTE: Ayes 6,Nays 0.
7. #07-3277 ALBIN AND SUSAN NELSON,500 OXFORD ROAD,VARIANCE,
8:06—8:19 P.M.
Susan Nelson,Applicant,was present.
Turner stated the applicant has submitted a revised plan,which reduces the number of variances being
requested. The applicant was requesting a setback variance to construct an addition to the house as .
close as 37 feet from the rear property line when a 50-foot setback is required. The addition would
provide for a fourth garage stall,a mud room,a dinette,and a third bedroom on the main level. It would
allow the expan.sion of the master bath and dressing area into the existing mudroom and laundry. An
existing craft room would be converted to a laundry room. There would be a basement under the
. addition except for the garage portion. It would provide for an expanded bedroom and a storage room.
Turner noted the plans were revised this afternoon and that the one addition has been pushed toward the
, end of the house. The applicants have also reduced the size of the addition located behind the garage,
reduced the size of the master bath and dressing room, and eliminated a bedroom. Turner stated the
' setback from the garage addition would be 44 to 45 feet and the setback from the corner of the other
. addition would be approximately 45 feet. '
Nelson stated they had originally proposed to add a bedroom to the house and a dinette but were unable
to accommodate the entire addition to the rear of the house for various reasons. Nelson stated there is a
tiling system in the basement and that they are not proposing to construct any work in the area of that
� system. Nelson indicated they are not adding to the height of the structure.
PAGE 16 -
MINUTES OF THE
ORONO PLANNING COIVIlVIISSION MEETING
Monday,Apri116,2007
� 6:00 o'clock p.m.
, (#07-3277 Albin and Susan Nelson, Continued)
Nelson stated they would need to remove one tree for sure and possibly one other tree,but that the lot
has a number of trees.
Kroeger inquired whether there is still an issue with the accessory structure.
Nelson stated they are willing to relocate the accessory structure.
Turner asked what the dimension of the eating area addition would be.
Nelson stated the width is 15' and the entire addition is 15' x 36'. Nelson indicated the deck is 15' 6".
Chair Kempf opened the public hearing at 8:13 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 8:13 p.m.
Rice inquired whether Staff's recommendations have changed given9the revisions to the plan.
Turner stated she would leave it up to the Planning Commission.
. c
Kroeger noted there has been a significant change in the encroachment.
' Zullo stated in her view the applicant has made some positive changes to the encroachment and that she
would not have a problem approving the application as presently proposed.
Kempf commented in his view there is a fair amount of space available on this lot that could be utilized
to avoid the need for a variance and that it comes down to the design. �
Zullo pointed out that the main reason for the design probably relates to the interior layout of the house.
Kroeger inquired whether there would be a four-car garage. �
Nelson stated that area is for storage and is not for a fourth car.
Zullo stated she is fine with the application given the practicality of where the addition is located.
Zullo inquired whether the neighbor to the rear is present tonight to comment on this project. �
� Kempf noted there were no comments during the public comment period.
Nelson indicated she did send a letter to that neighbor but has not heard from them.
PAGE 17
� MINUTES OF THE
, ORONO PLANIVING COMIVIISSION MEETING
. � Monday,Apri116,2007
, 6:00 o'clock p.m.
• (#07-3277,Albin and Susan Nelson,Continued)
Zullo moved,Kroeger seconded,to recommend approval of Application#07-3277,500 Oxford
Road,granting of a setback variance per the revised plans,subject to the exact setback number
being verified prior to this application proceeding to the City Council. VOTE: Ayes 5,Nays 1,
Kempf opposed.
8. #07-3278 JOHN TERRANCE HOMES,LLC,OUTLOT A STONEBAY,COMP PLAN
AMENDMENT,8:19—9:16 P.M.
Gaffron stated the 2000-2020 Orono Community Management Plan official adopted on November 13,
2001, originally guided this property as well as the other properties between Kelley Parkway and
Highway 12 from Willow Dive to Old Crystal Bay Road for commercial offi�e uses,i.e.,profes'sional
office as well as limited service uses,and retail uses accessory to the office use. .
The proposal for a Walgreens and a strip retail center by Reliance Development Company in 2003-2004
was not in conformity with the Comprehensive Plan in that it included freestandingretail not
specifically associated or supportive of an office use on this site. The proposed Walgreens and the
office/retail building were characterized more accurately as neighborhood retaiUservice uses.
Upon withdrawal of the Hempel application,the City Council directed City Staff to proceed with a
CMP amendment that would in effect"undo"the changes that were adopted in 2004.
Gaffron stated in Staff's perspective,this is an application to reinstate language that was just rescinded
with the following three changes: �
' 1. Remove the requirement that one building must be a pharmacy/convenience store; .
2. Remove the language that the remaining buildings shall have no individual tenant spaces greater
than 7,000 square feet;
3. To add the word retail—No individual retail buildings greater than 15,000 square feet gross
floor area.
Gaffron stated the applicants are proposing for a 16,000 square foot bank and office building as well as
a food coop. In considering whether to merely reinstate the language,�the Planning Commission should
consider the following: �
� 1. What are the potential positive and negative impacts to the surrounding residential
neighborhood? . - •
2. What are the potential impacts to traffic circulation in the area of Willow Drive,Highway 12,
and Kelley Parkway and Old Crystal Bay Road? �
PAGE 18 �
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3278 John Terrance Homes,Continued)
3. What are the potential impacts to the viability of retail redevelopment in Long Lake?
4. Do the benefits of retail use of Outlot A outweigh any potential negative impacts?
5. What goals or performance standards might be established in the CMP to ensure that any
. negative impacts of retail use in Outlot A are reduced,mitigated, or eliminated?
6. What goals or performance standards might be established in the CMP that ensure a high-
quality development that is viable on a long-term basis? Given the somewhat transient nature
of retail uses,how might any negative impacts of future tenant turnover be managed? �
From a CMP standpoint,the Planning Commission should be addressing the,global perspective of
whether commercial use of Outlot A should include just office use, a mix of office and retail,or just
retail. At the same time,we must understand that the property owner and the prospective
developers/users of the site have a narrow focus on their intent for the site.
The Planning Commission should hold the public hearing,discuss the proposed amendment,consider
the pros and cons of retail use of Outlot A, and make recommendations to the Council regarding the
proposed amendment. The City Attorney has suggested that the original amendment was too restrictive
and that specific conditions should be left to the PUD process.
Steve Johnston,John Terrance Homes, stated at the time John Terrance Homes made application,there
was not a signed contract but at this time the bank has entered into a contract for purchase of the
� property.
Johnston stated they were informed by Staff last week in an e-mail to be prepared to discuss potential
uses of this site but that in tonight's report it was suggested that they give a more global approach to the
project. 7ohnston stated he is the designer of Stonebay, a member of the food co-op,a resident of .
Orono,but that he is representing John Terrance Homes tonight. Johnston stated in his view this project
is a viable project and would be good for the community. '
Jennifer Zuerke,Landform, stated last week the City Council took action to revert back to the 2001
Comprehensive Plan language for Outlot A and their request tonight is to reinstate the 2004 amendment,
which allows limited retail uses,and that they are specifically looking at a food co-op on the site,with
some minor revisions,which include removing the pharmacy requirement,limiting the square footage
of the retail buildings on the site to 15,000 square feet,and eliminating the limit on the square footage
for the remaining buildings on the site.
Zuerke stated the conceptual site plan does meet the 2004 Comprehensive Plan for retail uses. The
westerly building is oriented to focus on the regional pond and provides an inviting vehicle and
pedestrian entry from Kelley Parkway as required by the language in the Comprehensive Plan. Future
applications will address the architectural details and building materials.
� PAGE 19
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m.
(#07-3278 John Terrance Homes, Continued)
Tonight's application is just about the comprehensive plan amendment and that more specific aspects of
the plan would be provided in a future PUD application if this application is successful tonight. The
application would be for a 12,000 square foot food co-op and a 16,200 square foot office/bank building.
Some of the other plan elements include providing lot area that is necessary for the proposed uses,the
appropriate number of parlting stalls,less traffic than what was previously approved on other plans,
improved internal circulation and pedestrian access,rain gardens,additional landscaping,and reduced
hardcover. ,
Zuerke stated as it relates to land use for this site,the southeast, southwest and northeast corners of
Willow and Highway 12 are zoned and guided for commercial. The food co-op is an appropriate u�e for
this site on Outlot A located in the northwest quadrant of this intersection. The food co-op provides a
direct service to the residents that is currently not available in the Long Lake/Orono area,it captures the
existing trips,it supports the higher density residential development of Stonebay and the proposed
density of and Long Lake's downtown office build-out. In addition,Long Lake's market research study
identifies the need for a grocer to support future development plans and identifies the lack of available
land in downtown Long Lake to serve that need.
Zuerke encouraged the Planning Commission to recommend approval of the application with the
suggested changes. If the Planning Commission has concerns regarding the application,Zuerke stated
the Planning Commission could make the application contingent upon PUD approval of the food co-op,
which would allow the city to deal with future retail uses on the site. If the food co-op is not approved,
it would revert back to office use.
Mitch Cook, Central Bank,gave a brief overview of Central Bank and its operations. Cook stated they
currently have a purchase agreement on the property and that Central Bank has six offices in various .
suburbs of the Twin Cities. Cook provided a brief history of the bank,noting that originally the bank
was a small bank and has experienced strong and consistent growth over the years.
Cook stated there is one owner of the bank,who now resides in Wayzata and Florida but continues to be
active in the Twin Cities area.
Cook displayed pictures of Central Bank's other facilities,which houses the bank as well as other
offices. Cook stated they are ranked 19"'out of the area's banks. Central Bank focuses on commercial
and individual services,with an emphasis on customer relationships. Central Bank feels the Twin .
Cities' economy is growing and diverse,which allows Central Bank to be a contributing member of the
communities in which they are located. Central Bank is very supportive of the co-op business.
Mary Molten,Project Manager for Harvest Moon, stated she has worked for 12 years at Lakewinds is
glad to be a part of this project.
Michelle Krokzyk addressed the Planning Commission on the need for a grocery store in the
Orono/Long Lake area. Harvest Moon has been working on this project for the past two years and they
have found that a food co-op that is owned by its members would serve the specific needs of this
community. Food co-ops are seeing a resurgence in numbers across the country as more and more �
PAGE 20
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING •
� Monday,Apri116,2007 . . .
6:00 o'clock p.m.
(#07-3278 John Terrance Homes,Continued) . �
i
communities are trying to bring back that local feel to their communities. Krokzyk stated another
� important aspect to the food co-op is the ability for the residents to eat locally grown produce and
products. Harvest Moon would provicle a healthy food option and would be pedestrian and vehicle
accessed. . . .
Molten stated food co-ops have been in existence for a number of years and the Twin Cities are home to
many successful food co-ops. This part of the western suburbs is lacking a food co-op but has a natural �
. affinity to local producers,farmers, schools,and other groups in the neighborhood. By defmition food
co-ops operate by a set of principles which include a concern for community, education and
information, and open and voluntary membership. '
Kari Smith addressed the Planning Commission regarding the membership of Harvest Moon. The co-op
applied for and received a$10,000 matching grant,which allowed Harvest Moon to conduct a
feasibility stud. This feasibility study has demonstrated that this area is ideal for a food co-op. Harvest
Moon has spent the last year developing strong relationships with the local businesses and farmers in the '
community and they developed relationships with all the other co-ops within the state to learn and grow.
Harvest Moon has applied for the matching$25,000 Sprout loan,which would allow them to take the �
next steps forward in this process. . '
Smith indicated they have the support of a number of professionals on this project and that they now
have a website as well as a recently developed newsletter. A membership drive was launched in
December and to date they have 175 household members. By this time next year it is expected Harvest
Moon will have approximately 800 members.
John Jaffrey stated the equity of the co-op comes from member equity and that at the present time they
do not have formal financing in place. Jaffrey stated they are developing a business model and are .
looking at getting third party confirmation of the co-op's performance and financial structure. Jaffrey
stated they will require credit to underwrite the facility and that they are looking at building this
business around a capital structure that makes sense and is economically viable.
Krokzyk stated they have compared Harvest Moon's performas with Lakewinds and Just Foods,and
that comparison should be completed in the next two weeks. That comparison report has been turned
over to another expert to look at their numbers and that they hope to have the results of that study in the
next week. �
Krokyzk stated the Planning Commissioners should have received a copy of the site comparison report
and commented that considerable research and thought have been given to other locations but that the
Willow and Highway 12 corner offers a section of retail where two cities come together,is very
pedestrian friendly, and has high density housing located nearby as well as a school. This location
would allow them to build the ideal building,built and owned by area families and individuals.
Krokyzk stated the food co-op is more than just a grocery story and a retail location,but rather a chance
for the citizens of this community to work together to create an asset that seeks to connect and engage
all the various segments of the two cities. As a business,Harvest Moon would be remiss if they did not
seek to find the best location, and as a community we would be remiss not to do the same.
PAGE 21 �
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
. 6:00 o'clock p.m. �
(#07-3278 John Terrance Homes, Continued)
Kempf stated the applicants have answered a number of his questions,and that the applicants have been
good progress on their proposal.
Zullo stated she personally is supportive of the co-op and she also understands the importance of
building and maintaining something in the long-term. Zullo inquired whether conditional use permits
would need to be approved for the retail on the site and whether a conditional use permit should be
looked at for other uses as well. .
� Gaffron stated this application would go through a planned unit development process and that the
Council has wide latitude to require conditions as it deems appropriate for this site.
Zuerke stated they are happy to go with a recommendation that woulcl put a contingency on the
comprehensive plan amendment and that the Planning Commission is free to add contingencies to the
comprehensive plan amendment to protect the City.
Zullo questioned whether the City should restrict the size of the building in the comprehensive plan
amendment and whether it should be included instead in a conditional use pernut. • •
Gaffron stated the city attorney has advised Staff that the previous comprehensive plan amendment was
way too specific and that to protect the future uses of that site,the Planning Commission has the option �
� of requiring certain items through the PUD process.
Berg commented the City would like to have the ability to fill that space in the event there is a vacancy. `
Zullo indicated she is supportive of the project. _
Kroeger stated the proposal requires going through the PUD process and that specific concerns could be
addressed at that time. Kroeger concurred that a certain size building not be specified.
Kempf concurred the PUD process may be able to handle some of the City's concerns with developing
this site.
Gaffron suggested the Planning Commission consider what the future of this space can be used for if the
food co-op fails. Gaffron stated the Planning Commission should understand the risks of this type of
' retail and how this space can be modeled to accommodate other possible uses. �
Kempf stated he is not sure if putting a condition in there to allow the space to be converted to office
space is the way to go. �
Kroeger stated he did read the site survey and was impressed with its thoroughness. Kroeger inquired
whether Long Lake feels threatened by this proposal. ,
PAGE 22 '
� MINUTES OF THE
� ORONO PLANNING COIVIMISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m.
� (#07-3278 John Terrance Homes,Continued)
Zuerke stated she is familiar with the areas that are considered to be zoned retail for both zoning and
long-term land uses, and that the highway commercial district goes past Willow and further west to the
golf dome. The downtown district is more specific to the smaller lot sizes. The food co-op,type of use
fits perfectly within the highway use because it requires more property and parking. Zuerke stated in
her opinion the food co-op seems to be an appropriate use for this area given the other uses in the area
and would also provide adequate parldng.
Chair Kempf opened the public hearing at 9:07 p.m.
George Funk, 540 Old Crystal Bay Road,requested that the people who are in support of this project
stand to show their support.
Approximately 40 people stood in support of the application. '
Jan Gunther,Deer West Ski,Bike and Run, stated she serves on the Harvest Moon steering committee
because as a business owner for 30 years,this area needs viable businesses to help keep their businesses
healthy and she sincerely would like the co-op to succeed. Gunther stated she also appreciates the
healthy foods that a food co-op offers to the residents.
April Wychocki, Country Cake Cupboard,indicated for years she has questioned the fathers of Long
Lake and Orono area on why development was not coming up the Highway 12 corridor and extending
down Willow. The answer that she has received is that their comp plan and master plan for Long Lake
specifies that retail stay down by the lake. Wychocki stated her business has grown over the years even
though a number of people have commented on how they thought her business would fail, and that there
is a lack of businesses in town. Wychocki requested the Planning Commission recommend approval of
the application.
Reverend Lindsey Freeman, St.Martin's Church and Orono resident, stated many of her parishioners
are excited about this possibility and that they have a number of people who are ready to work on this
project. Freeman stated there is a tremendous amount of positive feeling in this community about the
� project and they are looking forward to its construction.
Kevin Krokzyk, 65 Cygnet Place, stated he owns Dalbec Roofing, and that as a business owner in this
area he is very interested in this project. This location gives them the opportunity to design a building
suited for this business.
Chair Kempf closed the public hearing at 9:14 p.m. .
Kroeger moved on Application#07-3278,John Terrance Homes,LLC,Outlot A,Stonebay,to
recommend approval of the comprehensive plan amendment,with the language relating to
footprint or size of the buildings being less specific in the amendment.
� PAGE 23
' MINUTES OF THE
� ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3278 John Terrance Homes,Continued)
Gaffron inquired whether the motion approves reinstating the language but not to make the specific
changes that the applicant is requesting
Kroeger stated it would approve the requested changes but without the limit on the square footage.
Kempf stated he was very concerned when this proposal initially came before the Planning Commission � -
because of the lack of information that was provided,but that a large number of his concerns have been
answered tonight and that he is fairly confident at this point that this project will succeed.
Berg seconded the above motion. VOTE: Ayes 6,Nays 0.
(Recess taken at 9:16—9:23 p.m.)
9. #07-3279 ARTHUR ERICKSON,720 BIG ISLAND,CONDITIONAL USE PERMIT,
9:23—9:36 P.M.
• Arthur Erickson,Applicant,was present.
Curtis stated the applicant is requesting a conditional use pernut in order to construct an accessory
building larger than 500 square feet as pernutted by code. The applicant originally met with Staff and
discussed a proposal to construct a 2,000 square foot accessory building on the property to house their
` large watercraft and lawn maintenance equipment. Following discussions with Staff,the applicant
decided not to apply for a variance to construct the 2,000 square foot building and instead request the
conditional approval instead for two 1,000 square foot buildings.
However,after reviewing the site plan, Staff has concluded that two 1,000 square feet buildings placed
ten feet apart will appear very much as one building. In referring to the mainland regulations regarding
accessory building sizes and the applicant's property area, Staff finds that it may be reasonable to allow
construction of a 2,000 square foot building.
Having said this,the location of the closest adjacent property owner is 100 feet from the proposed
buildings. The Planning Commission may want to consider requiring an additional setback from the
western property line. Similarly,the applicant has a considerable amount of acreage and perhaps an
additional setback from the rear lot line is appropriate as well.
Staff recommends approval of the variance to allow a single 2,000 square foot building to be
constructed on the property with any additional conditions the Planning Commission•deems appropriate.
Kempf inquired wha�the other accessory buildings consist of.
PAGE 24 .
� MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,Apri116,2007
� 6:00 o'clock p.m.
(#07-3279 Arthur Erickson,Continued) '
Erickson stated the first accessory building houses a well and the other one is a pump house. Erickson
indicated the other marking on the overhead is depicting some stairs. .
Kroeger inquired whether the applicant would prefer one building rather than two.
Erickson stated he would prefer the one larger building.
Zullo inquired why the building is not being constructed closer to the residence.
� Erickson indicated they did not want a shed that was in the middle of the property but wanted to keep it '
close enough to the•house so it oould be accessed fairly easily.
Zullo stated she does not agree with the location of the building given the amount of available land and
� that the adjoining property owner might not want to look at this structure.
� Curtis noted the City has not received any letter from that affected neighbor. Curtis stated the property
is well shielded from the adjoining properties.
Kempf noted there is a house located fairly near this property line and that given the amount of space
available on this lot,the building is proposed for the most densely populated corner.
Erickson stated the location was also chosen due to the hilly topography.
Kempf inquired whether there is another service road running from the garage.
Erickson stated there is a path road going down to the lake. Erickson indicated there are also some trails
on the property.
Kempf indicated he is not opposed to the building but that he would like to see it relocated.
Berg asked if the building is approximately 125 feet from the lot line.
Curtis stated it is. .
Berg inquired whether there are wetlands on the property.
Erickson stated there are wetlands to the south and to the east. Erickson stated the proposed location
makes it accessible from the house.
Zullo inquired whether it could be moved to the other side of the lot.
� Erickson stated the land drops off considerably and it would be somewhat difficult to access the
structure.
' PAGE 25 �
NIINUTES OF THE '
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
' '6:00 o'clock p.m.
(#07-3279 Arthur Erickson,Continued)
Berg moved,Kempf seconded,to recommend approval of Application#07-3279,Arthur Erickson,
720 Big Island,with the condition that the building be located 125 feet from both lot lines. VOTE:
Ayes 6,Nays 0.
10. #07-3280 VOGUE ICF HOMES ON BEHALF OF TOM PARKER,INC., 1348 AND 1350
REST POINT ROAD,VARIANCE,9:36—10:36 P.M.
John Vogstrom,Vogue ICF Homes; Thoinas Parker,Applicant; and Darren Hahn,Architect,were
present.
Turner stated the applicant is requesting the following variances to allow the construction of two new,
nearly identical residences on adjacent lots:
1. A lot area of 0.33 acre when one acre is required;
2. A lot width of 67 feet when 140 feet is required.
3. A hardcover of 29 percent in the 75-250 foot zone when the maximum is 25 percent;
4. A defined height of 32 feet when the maximum is 30. Three stories when the maximum is two
and a half stories.
These lots are located in Rest Point Park,which was platted in 1903. The house on 1348 was removed
in 2003. The house of 1350 would be replaced. Until purchased by the current owner, each lot had a
different owner. The proposed houses would be identical inside but would have different exterior
treatments and roofs.
Due to the topography of the lots;the basements are considered stories. The upper levels do not satisfy
the definition of half story so the houses are three stories when the maximum is 2 %z stories. At the 30
foot street setback, existing grade is five feet below street level for both lots. In the next 15 feet,they
both drop another two feet. 1350 is then flat to the existing house. This house is a walkout,with the
walkout cut into the bluff. 1348 drops another four feet. Both houses would have sport courts under the
garages. The regular basement floor of both houses would be nine feet below street level. This would
be one foot below existing grade for 1350 and one to two feet above existing grade for 1348. The
garage floors would be on foot above street grade. Peak height would be about 32 feet above the street
for both houses. The defined building height(the measurement from existing grade at the front of the
house to halfway between the highest window and the highest peak)would be 32 feet. The maximum is
30 feet. ,
Planning Staff recommends approval of the hardcover,lot width,and lot area variances subject to
compliance with the City Engineer's recommendation regarding drainage. Planning Staff recommends
PAGE 26
NIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
� 6:00 o'clock p.m.
(#07-3280 Vogue ICF Homes on behalf of Tom Parker,Continued)
approval of the building height variance only if the Commission determines the proposed houses would
not be incompatible with the neighborhood.
Parker stated he purchased the property at 1348 approximately three years ago and was not aware that
he would require as many variances as what became necessary. The home at 1350 was pushed toward
the lake when it was constructed. Last year he purchased 1350 Rest Point Circle and he has attempted
to come up with a plan that would work well with the lots.
Vogstrom stated they have spent a considerable amount of time on their plans and have tried to respect
the concerns of the neighbors in developirig a suitable plan for these two lots. Vogstrom demonstrated
the location of the existing house,noting that a walkout was created which resulted in the bluff being
pushed further back. Vogstrom stated this house would be removed.
Vogstrom indicated they are proposing to build the homes approximately 40 feet further back,which
. should help the neighbors' view. Vogstrom stated in order to construct a practical house,if they are
limited to two and a half stories,it would be very difficult to get three bedrooms in the upper level.
They are proposing to construct six-foot high knee walls on the outer walls,which would lower the
pitch of the roof down but would still allow them to use most of the space.
Chair Kempf opened the public hearing at 9:45
David Boies, 1360 Rest Poirit Circle, stated he has resided in his house since 1986, and that he has a few
concerns regarding the proposal. Boies stated the lots are rather small but the applicant is attempting to
construct fairly large homes on the lots. City code does allow for a reasonable size house but the
proposed homes are out of place with the remaining homes in the neighborhood due to the architecture
and size. �
Boies stated when someone pays over half a million dollars for a third of an acre that is not buildable,
there are some economic considerations that factor into the size of the house being proposed.Boies
stated he is not against building on these lots,but that he has a concern with the height variance and the
amount of fill that will be necessary to create the swales. Boies noted there are akeady drainage issues
in the area. Boies requested additional consideration be given to the adjoining property owners on the
drainage.
� Boies stated he would request the height variance be denied and that the additional height is being
, requested to allow the applicant to recoup his investment.
� Boies also requested the area be designated a no parking area during construction since this is only a one
lane slreet.
Boies submitted a letter from Bill Pinegar, 1347 Rest Point Circle, and pictures depicting the other
existing homes in the neighborhood. ,
PAGE 27
, � MINUTES OF TI� '
ORONO PLANIVING COMMISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m.
(#07-3280 Vogue ICF Homes on behalf of Tom Parker, Continued)
Kempf requested the letter be included in the City's file and noted the letter is in opposition to the r
variances.
Dan Walsh, 1354 Rest Point Circle, stated he is not opposed to a nice house being built on these lots but
that he has a concern with the drainage. Walsh pointed out on the overhead the areas where he
experiences water problems. Walsh expressed a concern that his property will experience additional
runoff as a result of this project. �
Walsh indicated he did add on to his house a few years ago and he was required to follow all the rules.
Walsh stated he has two stories above and one story below and that the applicants should not have a
problem with that size of house. Walsh stated he was required to stay under 30 feet and that the
applicant should be required to keep within the same standards.
Deanne Altenhofen, 1342 Rest Point Circle, stated she did not see any record or reference to their .
cottage(boat house).
Kroeger noted it is in the photographs.
Altenhofen expressed a concern that the water will drain onto their property,noting that their cottage is "
located down hill from this proposed residence. Altenholfen stated with the houses being pushed
toward the street,there would also be water runoff toward the street. Altenholfen expressed a concern
with the amount of fill that would need to be brought in.
Mark Altenholfen expressed his concerns regarding the runoff issues and the height of the structure.
Jack Edwards, 1340 Rest Point Circle, stated he does not have any immediate problems with the
property except for the size of the proposed structures. Edwards stated he does not understand the need
for three bedrooms on a third of an acre. Edwards stated the house should be constructed according to
the size of the property, and since these are small lots,there should be small houses constructed.
Edwards stated in his view these are very showy houses being constructed close to the road and that
they should be built somewhere else.
Chair Kempf closed the public hearing at 10:03 p.m.
Parker stated he is very sensitive to the concerns of the neighbors regarding the drainage and
aclrnowledged that the existing drainage does drain to the neighbor's property. Parker stated with the
proper drainage being proposed with this application,the water would be redirected down the lot rather
than onto the neighbors'properties anc�would actually lessen the runoff.
Parker stated he is happy to work with the neighbors and would be willing to construct a retaining wall
if that would help.
\
PAGE 28
MINUTES OF THE ,
ORONO PLANNING COMMISSION MEETING
. Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3280 Vogue ICF Homes on behalf of Tom Parker,Continued)
Vogstrom stated they are very conscious of water management and that their proposal would help with
the runoff. Vogstrom stated the water runoff would be directed down toward the middle of the two
homes and should not affect the adjoining properties.
Vogstrom stated the garage is going to be built at the elevation of the road and that they are attempting
to preserve as many of the sightlines as possible. � .
Parker stated they have also designed the houses to be more narrow and taller to allow for additional
space between the lots.
Edwards stated all of the houses have been built on the lots the way the fopography is,but on 1350 the
property was not dug out and is really just the way the property originally was. "
Zullo stated she does not see a hardship on these lots for any variances and that the applicant has the
opportunity to combine the lots and construct one residence. Zullo stated the setback is not a hardship
and that she does not see the need for any variances to be granted.
Vogstrom stated the hardship is the price of land in this area and that they are not.asldng for anything
that has not been granted in the past. . .
Zullo stated the price paid for a lot is a personal choice on the part of the purchaser and that the
variances are not necessary. �
Kroeger stated he is in agreement with the neighbors and that variances are really not necessary for
these lots. '
Kempf stated he did visit the lots and looked at the adjacent buildings and that it is a difficult
neighborhood to construct in and that there are going to be runoff issues given the topography of the
area. Kempf stated this project does give the City the opportunity to improve the drainage in this area
and that in his view the houses are not out of character for the area.
Kempf stated nowadays people require two-car garages as well as a larger house than 30 years ago,
. especially given its location on the lake. . .
Kempf stated his main concern relates to the drainage but pointed out that the drainage issues have
existed probably since the lots were first developed. Kempf stated he also has a concern with the height
of the structures. '
Kempf stated he likes the concept of the shared driveway and the houses being located closer to the
street. �
Rice stated she does not see a hardship to grant a variance to the height.
PAGE 29
� . � . . .. . . . . . , � , .., . . .i v �.F w .� .
1VIINUTES OF THE •
ORONO PLANNING COMMISSION MEETING
Monday,April 16,2007
6:00 o'clock p.m.
(#07-3280 Vogue ICF Homes on behalf of Tom Parker, Continued)
Zullo stated this is a piece of land that should be developed appropriately for its size and that she does
not see a reason to grant width and height variances.
Parker stated he does own both of the lots and that he has considered combining the lots and .
constructing just one house. Parker stated he could sell the other lot and someone else could come
before the Planning Corrunission asking to construct a second structure at 1350. Parker stated in his
view he thought it was the best situation for the two lots.
Zullo stated to her understanding there is not a limitation on constructing one house on the two lots
simply because they have separate PID numbers.
Gaffron stated because they are in single ownership,the City cannot force the applicant to combine the
lots and that the applicant could sell the other lot and construct a house on that lot. Gaffron noted these
two lots are the smallest in the area with the exception of the lot located across the street.
Walsh asked where it would end if this property owner is allowed fo maximize this lot and be granted
variances.
Kempf inquired whether the applicant is willing to combine the lots and construct one house.
Parker stated he purchased 1348 with the intent of constructing a house that would accommodate his
family and that he later purchased 1350 for resale. Parker stated combining the lots would double the
cost of the property and would make it very difficult to sell.
Berg asked whether the applicant can construct a house on the lot within the ordiriances.
� Parker stated even if the lots are combined,variances would be required.
Berg stated legally the applicant is entitled to two lots. Berg asked whether a house could be
constructed on one of the lots without a variance. �
Parker stated variances would be required.
Vogstrom stated they are asking for a height variance because, from a practical standpoint,it makes
sense to keep the homes closer to the street to limit the hardcover.
Berg inquired what the square footage of the homes are.
Turner stated the homes over slightly over 2000 square feet,which includes 200 square feet of deck.
Berg noted these homes are three stories. •
Vogstrom stated there is a walkout with two stories above them.
PAGE 30
MINUTES OF THE � .
ORONO PLANIVING COA�IlVIISSION MEETING
Monday,April 16,2007
� 6:00 o'clock p.m.
(#07-3280 Vogue ICF Homes on behalf of Tom Parker, Continued)
Parker stated the 1800 square feet includes the garage and that it is actually a 1300 square foot house.
' Hahn stated the basement cannot be a legal basement and is instead a finished floor. The only place left
for the bedrooms is above that. � �
� Parker stated the house proposed for 1350 is 1283 square feet. -
Hahn stated the 32 feet is measured from six feet below the road and that from the road it would not
look like a massive house.
Berg commented from the lake it would appear as a lot of massing.
Turner stated the applicants would require a lot width and lot area variance and it would be more than
likely that a hardcover variance would be required. The City Engineer has indicated that the drainage is
set up properly and that the property will be swaled.
Vogstrom illustrated the proposed drainage and the existing drainage on the overhead.
Gaffron disagreed with the way Vogstrom stated the drainage would work and indicated how some of
the drainage would be directed down toward the cottage. �
Turner stated some cooperation with the neighbors would probably be needed to help correct some of
the drainage problems.
Walsh stated with enough planning the drainage can be resolved and that the bigger issue is the height
of the structure. Walsh stated there are no_other three story homes on Rest Point.
Gaffron inquired whether the garage is at the upper most level of his house.
' Walsh stated it is. '
Gaffron inquired whether there are lookout windows at the basement level.
Walsh stated there are no windows in his basement level and that it is two levels with a basement and
that you see two stories from'the lake. Walsh stated he has a concern with how high this structure is
going to appear from the lake. � .
Gaffron stated if a basement were constructed on this house,it would be more characteristic of the
homes in the neighborhood and that the walkout is driving the view of the three stories from the lake.
' Turner stated it is difficult to drop the garage and handle the drainage due to the short distance from the
road but that the applicant could perhaps drop the house half a story or a quarter of a story so you walk
down from the garage into the main level.
PAGE 31
MINUTES OF THE
ORONO PLANPTING COMMISSION MEETING .
Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3280 Vogue ICF Homes on behalf of Tom Parker,Continued) �
Vogstrom stated they could probably drop the garage slightly to be located two feet below the road and
still do the drainage. Vogstrom stated there is a very steep hill and bluff on the lots and with the house
being located 30 to 40 feet back further, it would be harder to see the lower part of the house. �
Zullo moved,Kempf seconded,to table Application#07-3280,Vogue ICF Homes,Inc.,on behalf
of Tom Parker,Inc., 1348 Rest Point Circle,and#07-3281 Vogue ICF Homes,Inc.,on behalf of
Tom Parker,Inc., 1350 Rest Point Gircle.
Parker inquired whether the issues are the height and the drainage.
Walsh stated the massing is also an issue.
Berg recommended the applicant speak with Staff.
VOTE: Ayes 6,Nays 0. .
11. #07-3283 STEVEN AND SHEILA SIGEL, 1399 PARK DRIVE,VARIANCE,10:37—
10:48 P.M.
Steven Sigel,Applicant,was present.
Curtis stated the applicant is requesting approval for an average lakeshore setback variance,hardcover
variances within the 75-250 foot zone and 250-500 foot setback zone as well as a conditional use permit
for retaining walls and grading in order to construct an addition to the existing home and rebuild an
extensive retaining wall system. The deck system currently serves as a sidewalk from the driveway to
the home. The applicant would also like to remove a wooden deck and replace it with a paver path.
The existing retaining wall is proposed to be reconstructed and reconfigured due to deterioration.
The applicant is proposing to construct a 21'x 10' addition to the existing home. A hardcover variance
is required as the property exceeds 25 percent
Planning Staff recommends approval of the hardcover variances as proposed as well as approval of the
conditional use pernut for the wall construction in accordance with the City Engineer's
recommendations.
Sigel stated they are looking to const`ruct a small addition to the right side of the house and replace a
. retaining wall. Sigel demonstrated on the overhead where the retaining wall and stairway is located.
Sigel stated the wood walkway is extremely slippery in the wintertime and they would like to replace it
with a paver walkway. The retaining walls are also bowing out. If the retaining walls fail,they would
not have any access to the front of the house. Sigel stated the engineering firm they hired to design the
project is proposing to utilize diamond blocks for the retaining wall and replace the deck with pavers. .
PAGE 32
MINUTES OF THE
• ' ORONO PLANNING COMIVIISSION MEETING
� , Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3283 Steven and Sheila Sigel,Continued)
Chair Kempf opened the public hearing at 10:43 p.m.
There were no public comments regarding this application. �
Chair Kempf closed the public hearing at 10:43 p.m.
Kempf stated he'does not have any real issues with this application but suggested that a width for the
sidewalk be established.
Sigel stated he is proposing a four-foot walkway. �
Kempf noted pexvious pavers are still counted as hardcover. .
Berg moved to recommend approval of Application#07-3283,Steven and Sheila Sige1, 1399 Park
Drive,granting of an average lakeshore setback variance,hardcover variances within the 75-250
� and 250-500 setback zones, and a conditional use permit for retaining walls and grading in order
to'construct an addition to the existing home and rebuild an extensive retaining wall system,
subject to Staff s recommendations. '
. Kempf inquired whether pervious pavers should be required.
, Berg stated she does not feel they should be requiring the applicant to utilize pervious pavers.
Rice seconded. VOTE: Ayes 5,Nays 1,Kempf opposed.
Kempf stated he voted in opposition to the motion because he would have required pervious pavers to
be utilized.
Sigel stated he would be happy to speak with his landscape architect about the pervious pavers but that
he has to be careful about installing something that would absorb liquid because in the wintertime it
would be incredibly slippery. .
12. #07-3284 MICHAEL SHARRATT OF SHARRATT DESIGN ON BEHALF OF TOM
AND KRISTEN RITCHIE,2507 KELLY AVENUE, 10:48—11:21 P.M.
� Michael Sharratt and Tom Ritchie,Applicant,were present.
Curtis stated the applicants are requesting hardcover variances in order to install an 18' x 36' in-ground
pool with patio. They are requestimg a variance for 29.8 percent hardcover where 30 percent currently
exists and 25 percent was approved with the construction of the home in 2001.
, , PAGE 33
MINUTES OF THE �
� ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3284 Michael Sharratt;Continued)
� The home was constructed in 2001 by a previous owner with a building permit showing hardcover
conforming at 25 percent in the 75-250 foot zone. The current property owners are proposing to
construct a 648 square foot in-ground pool lakeward of the existing home. The applicants are proposing
to remove extensive areas of driveway on the street side of the property to offset the additional
hardcover of the pool and patio. Portions of this hardcover are within the 250-500 foot zone. Currently
the property has nonconforming hardcover within the 75-250 foot zone and the 250-500 foot zones.
Planning Staff recommends denial of the hardcover variance as the existing home was granted a •
building pernut based on a plan showing compliance�vith 25 percent hardcover within the 75-250 foot .
zone. The conditional use pernut for the rain garden requires submittal and review of additional
information;however, staff generally supports the rain garden proposal.
Sharratt stated the Ritchies acquired the property last year. Sharratt stated on the north side there are
air-conditioning units and on the south side there is a substantial retaining wall and walkway that goes
down to the lake.
Sharratt stated they would like to talk about what they have inherited and what they are proposing. The
property owners feel they can be better environmental stewards of the site by�designing something that
functions better than what currently exists. Sharratt stated there is a twin driveway that goes up a hill
and down a hill and that they are proposing the twin driveway be removed and replaced with one
driveway. They would like to provide some guest parking in the 250-500 foot zone.
A portion of the retaining walls and walkway would also be removed and graded. The applicants are
proposing a drainage swale along the side of the property and divert it into a rain garden. Currently the
water goes into the lake. In addition, a ten-foot buffer would be created along the lakeshore.
, Sharratt stated the trench drain constructed by the driveway may have an underground plastic pipe that
goes to the rear of the property. Sharratt indicated they are going to verify if that is indeed the case and
they would probably utilize that to help with the runoff from the driveway.
Sharratt stated they have designed a plan that is more environmentally sensitive than what currently
exists on the property.
Zullo inquired whether the tree located in the back would survive the construction of the pool. .
Sharratt stated they feel the construction is outside the main canopy of the tree and that they would like
to preserve the tree. Sharratt indicated they would like to do some additional landscaping as well.
Sharratt noted there is a rather large drop-off in this area.
Zullo stated she would not be opposed to the variances based on the benefits to the environment being
proposed.
• • PAGE 34
MINUTES OF T�
ORONO PLANPTING COMNIISSION MEETING
� Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3284 Michael Sharratt,Continued)
Kroeger noted there is a,discrepancy in the hardcover numbers and that the pool would add 1050 square
" feet of hardcover and the applicants are proposing a 726 square foot reduction in hardcover.
Sharratt indicated the hardcover is being reduced by the removal of the driveway.
Curtis stated there is a 68 square foot net loss and the applicants are proposing 29.78 where 30.05
currently exists.
Kroeger indicated page three states that the applicants would add 1050 square feet of hardcover in the
75-250 foot zone and the 726 square foot hardcover reductions does not come close to offsetting the
pool.
Curtis stated that hardcover number relates to the whole site and not a particular zone.
, Kroeger stated he understood those numbers to mean the 75-250 foot zone. '
Sharratt stated tliere is a slight reduction in the hardcover in the 75-250 foot zone and the hardcover
would be reduced from slightly over 30 percent to slightly under 30 percent. There is also a reduction in
hardcover in the 250-500 foot zone of approximately eight percent. .
Turner noted the hardcover should be 25 percent in the 75-250 foot zone.
Kang inquired whether the pool is located behind the average lakeshore setback.
Curtis stated it is.
Rice inquired what the hardship is for the additional hardcover. �
Sharratt stated the new owner of the property did not create this situation and that by proposing certain
• environmental management techniques,they are attempting to demonstrate what should be done on
every site. Sharratt stated they are proposing a plastic grid underneath where the driveway exits that
would allow emergency vehicles to drive across the grass. .
Curtis stated there have been other applications that have used similar materials.
Sharratt suggested the City create an incentive based system encouraging the property owners to utilize
more environmental friendly materials such as pervious pavers and require downspouts and gutters that
lead into a PVC pipe that goes underground. Sharratt stated it is the quality of what is being proposed
. rather simply a hardcover number.
Zullo moved,Kang seconded,to recommend approval of Application#07-3284,Sharratt Design,
on behalf of Tom and Kristen Ritchie,25D7 Kelly Avenue,granting of hardcover variances.
VOTE: Ayes 3,Nays 3,Kempf,Rice and'Berg opposed.
PAGE 35
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007
6:00 o'clock p.m.
(#07-3284 Michael Sharratt,Continued)
Gaffron stated if no further motions are forthcoming,this application would go before the Council with
a tie vote.
Zullo inquired whether the issue is the location of the pool.
Rice stated the Planning Commission needs to look at whether there is a hardship for granting the
variances and that the applicant already has reasonable use of the property.
Curtis stated the City Attorney has been speaking with Staff relating to hardship and that the Planning
Commission has the ability to also consider whether the applicant's request is reasonable and approve it
on that basis.
Zullo moved to recommend approval of Application#07-3284,Sharratt Design on behalf of Tom
and Kristen Ritchie,2507 Kelly Avenue, as submitted,not based on hardship but based on the
� fact that this is a reasonable replacement for the stewardship of th'e property to reduce hardcover.
Motion failed due to a lack of a second.
Sharratt stated there is a nonconforming situation that currently exists and the question the Planning
Commission should ask whether the proposal improves the situation.
Gaffron stated the situation that exists is technically not nonconforming but rather illegally �
' nonconfornung and the Planning Commission should take into consideration what is fair and what is
reasonable for this lot.
Gaffron stated Staff would recommend that the Planning Commission consider whether the hardcover
could be reduced to 25 percent, and if it cannot be,then look at the variance request.
Kempf inquired how much total hardcover is being requested. .
Curtis stated there is a net loss on the entire property.
Kroeger stated the proposed pool adds hardcover to the lot. ,
Gaffron stated what exists is 10,177 square feet of hardcover,which is 1330 square feet over what has
been legally allowed. Gaffron stated with the proposed changes,the property would be over by
approximately six hundred and some square feet of hardcover,but that the applicant is also proposing to
add a rain garden and a buffer. Gaffron recommended the Planning Commission exercise caution when
considering all the benefits that they are being told they will receive in granting additional hardcover
over what is allowed.
Kroeger inquired how many square feet exist in the illegal patio.
� , ,
. PAGE 36
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
. Monday,Apri116,2007
. 6:00 o'clock p.m.
. (#07-3284 Michael Sharratt,Continued)
Sharratt stated it is roughly 600 square feet.
Kroeger moved,Kang seconded,to recommend approval of Application#07-3284,Sharratt
, Design on.behalf of Tom and Kristen Ritchie,2507 Kelly Avenue,subject to the hardcover being
reduced an additiona1300 square feet. VOTE: Ayes 6,Nays 0.
- 13. #07-3285 ROBBIN AND KRISTINE JOHNSON, 1280 BRACKETTS POINT ROAD,
VARIANCE, 11:21-11:40 P.M.
Robbin Johnson,Applicant,was present.
' Turner stated the applicant is requesting a variance from the accessory structure separation requirement
to construct a pool house/storage building four feet from the swimming pool when a ten foot separate is
required. A hardcover variance is also requested.
The residence was constructed in 1986. The swimming pool was constructed at the same time as the
house. The pool equipment was placed in an 8' x 17' vault located six feet from the edge of the pool.
The top of the vault is about 3.5 feet above ground. It is topped by a pitched roof. The proposed 574
square foot pool house/storage building would be constructed over the top of the vault,
The proposed building would be located four feet from the pool basin rather than ten feet as required by
code. There is no requirement for clearance around the pool basin.
According to the hardcover calculations submitted with the building permit application,the property
should have 24.38 percent hardcover in the 75-250 foot zone. The building permit calculations were
based on there being 56,005 square feet of property in this zone when actually there is 52,133 square �
feet. Also,in 1986 a pool was not considered hardcover. The hardcover in the 0-75 foot zone resulted
from the pool being inadvertently placed too close to the lake and the house being placed closer to the
lake than shown on the site plan.
The Planning Commission should consider the following: �
1. Does this request satisfy the intent of the separation requirement to prevent overcrowding? The
pool is below grade and the building is above grade. Although the pool building may not have
negative visual impacts, another reason the City has enforced the ten foot separate rule for pools
is the safety aspect. Structures less than ten feet from pools can be an attractive nuisance if
someone decides to use it as a diving platform and misses the pool.
2. Is it reasonable to have a pool house/storage building? Pool houses with storage space are
common accessory uses to pools. �
PAGE 37
� MIlVUTES OF THE
ORONO PLAN1vING COMMISSION MEETING
Monday,April 16,2007 •
• 6:00 o'clock p.m.
(#07-3285 Robbin and Kristine Johnson,Continued)
• 3. Is there an appropriate location for the building that would satisfy the separation and other
zoning code requirements? There is a wetland area between Bracketts Point Road and the pool
� area that precludes placing the building toward between the pool and the road.
4. What is the appropriate level of hardcover? The applicants have indicated they are willing to
remove some of the patio that wraps around the south side of the house. The original plans did not have
the walkway extending across the center portion of the lakeside of the house,but since there is a door in
the middle of the curved wall and on the north end,it seems reasonable to allow it to remain.
Planning Staff recommends approval with conditions.
Johnson stated they are agreeable to bringing the hardcover back into compliance on the lot. Johnson
noted there are pilings that have been utilized.
Kroeger noted there is a fairly recently built pad on the site and inquired whether that is included in the
. hardcover figures. �
4
Johnson stated it has been included in the numbers.
Kempf noted Staff had expressed a concern regarding kids climbing on top of the building and jumping
off. Kempf stated the railing gives kids the ability to climb up on top of the railing and then access the
lower roof. Kempf suggested the deck not be extended that far.
Johnson stated they are considering turning the stairs. \
Kempf requested the railing be relocated away from the lower roofline.
Kang moved,Zullo seconded,to recommend approval of Application#07-3285,Robbin and
Kristine Johnson, 1280 Bracketts Point Road,granting of a hardcover variance and structure
separation variance,requiring a four foot separation,subject to removal of the excess hardcover
on the lot. VOTE: Ayes 6,Nays 0.
PLANNING COMNIISSION COMMENTS
14. REPORT OF PLANNING COMMISSION REPRESENTATIVES�ATTENDING
COUNCIL MEETINGS MARCH 26,2007 AND APRIL 9,2007 .
There were no reports given due to the absence of the representatives attending the meetings.
PAGE 38
� ` MINUTES OF TII3E �
ORONO PLANNING COMMISSION MEETING
Monday,Apri116,2007 �
. 6:00 o'clock p.m.
15. OTHER ISSUES FOR DISCUSSION
Mayor White thanked the Planning Commission members for putting a great deal of thought and
consideration into the applications. White stated the economic viability of the food co-op should be
looked at very carefully as well as the other issues concerning that development. White stated the
Council would also be looldng for clarification concerning the ownership of the land and what
regulations the bank would need to comply with.
Gaffron noted there is a joint work session scheduled for Apri124�'. '
16. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS
ON APRIL 23,2007 AND MAY 14,2007 " •
Apri123,2007—Kroeger � �
. May 14, 2007—Kang
ADJOURNMENT
Kroeger moved,Berg seconded,to adjourn the Planning Commission meeting at 11:49 p.m.
' VOTE: Ayes 6,Nays 0.
�
. �
i •
. ' . Ralph Kem f, C air
t �
� PAGE 39