HomeMy WebLinkAbout06/18/2007 Planning Commission Minutes � MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p.m.
ROLL
The Orono Planning Commission met on the above mentioned date with the following members
present: Chair Ralph Kempf; Commissioners Michelle Winer,Dick Kroeger,Kim Kang, and late
arrival Jaye Ann Zullo. Representing staff were Planning Director Mike Gaffron,Planners Melanie
Curtis and Evelyn Turner; and Recorder Kristi Anderson.
Chair Kempf called the meeting to order at 6:00 P.M, followed by the Pledge of Allegiance. •
APPROVAL OF MINUTES
1. PLANNING COMMISSION MEETING OF MAY 21,2007
Kroeger moved,Winer seconded,to approve the Minutes of May 21,2007, as submitted.
VOTE: Ayes 4,Nays 0. •
CONSENT AGENDA
�
Kroeger moved,Winer seconded,to approve the Consent Agenda as presented.Vote: Ayes 4,
Nays 0.
*2. #07-3295 JON AND JANENE HEIDORN,3180 NORTH SHORE DRIVE,VARIANCE
� Kroeger moved,Winer seconded,to recommend approval of Application#07-3295,Jon and
Janene Heidorn,3180 North Shore Drive,granting a variance to construct a replacement
residence on a lot that is 99.6 feet wide when the minimum is 140 feet,subject to a grading
plan acceptable to the City Engineer submitted before the application is considered by the
City Council.VOTE: Ayes 4,'Nays 0.
OLD BUSINESS
Commissioner Zullo arrived at 6:07 p.m.
3. #06-3191 FULLER-FEYO,4055 ELM STREET,VARIANCE
Turner explained that the applicants were requesting lot width and area variances to construct a
house on a vacant lot that is 120 feet wide when 140 feet is required and is .47 acres when 1 acre is
required. She reported that the original variances were�rst approved in 1978 and renewed in
subsequent years. She indicated that the applicants are requesting construction of a two story home
with an attached garage, and is the same house as approved in the earlier applications though
reversed right to left from what is shown on paper to reduce the slope of the driveway.
Karen Feyo stated that, due to many family health issues,the construction had been delayed several
times,but indicated that they are ready to move forward with their project.
Pat Swantek, 649 Minnetonka Highlands,the bordering property owner to the east voiced her
concern that the construction project would negatively impact the character of the neighborhood
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, M]NUTES OF THE
ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p.m.
(3.#06-3191 FULLER-FEYO,Continued)
and clear many of the trees on this wooded lot. She felt the neighboring property values would be
adversely affected and that drainage would be a problem over Tonkawa Road.
� Shannon Berger, 594 Park Lane, abutting the properiy to the west, stated that drainage was of
concern to her, as well as,the loss of the numerous large trees on the site. She added that her fear
was that they would be building a large home that would merely be sitting empty and add to the
already saturated housing market in the area. .
� Feyo stated that she did not plan to have it sitting empty or be put for sale.With regard to the
drainage, she stated that she would be working with the City Engineer and a landscape architect to
put together an acceptable drainage and landscaping plan.
Chair Kempf stated that whether or not the applicant plans to live in the home or sell it has little
relevance here,but thanked the neighbors for their comments.
Turner stated that the home consists of 2258 s.£,which constitutes just 11% structural cover.
Winer pointed out that the applicant was not building a huge home,with 5080 s.f.hardcover
proposed, and 6000 plus s.f. allowed, she found the application acceptable subject to the drainage.
Kroeger concurred that the home seemed to be modest by comparison to what is allowed.
Chair Kempf stated that,while he sympathized with the neighbors,when the character of a
neighborhood tends to change it is heart aching.He voiced his support of the application.
Kroger moved,Winder seconded,recommending approval of Application#06-3191,Feyo-
Fuller,4055 Elm Street,for lot area and lot width variances to construct a house on a vacant
lot subject to an approved drainage plan and paving the driveway.VOTE: Ayes 5,Nays 0.
4. #07-3290 BENJAMIN SACHS FOR DRK FANIILY ASSOCIATION,2523 KELLY
AVENUE,VARIANCE `
Turner reported that the applicant requests a hardcover variance to allow 36.8%hardcover in the
75-250' zone when 38.16%exists and 25%is allowed. She explained that the application was
tabled to allow further clarification of the hardcover included in the building permit and
amendment to address compliance with hardcover regulations for the entire property.Turner noted
that the home was constructed by the previous owner in 1990 without any variances and in 2000 a
� permit was granted for land alteration and retaining walls in the 0-75' zone.Turner noted that how
the home came to contain 38.16%hardcover is in question, as this puts the home 3,805 s.f. over the
� allowed hardcover figure in the 75-250' zone.
Turner pointed out that the applicant has volunteered to remove 400 s.f of weed control fabric
under the landscape to compensate for the 390 s.f.proposed to connect and enlarge the two decks
on the lakeside. While the City Engineer has found that removal of the portion of the driveway in
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MINUTES OF THE •
ORONO PLANNING COMMISSION
Monday, June 18, 2007 ,
7:00 o'clock p.m.
(4.#07-3290 BENJAMIN SACHS.FOR DRK FAMILY ASSOCIATION, Continued)
front of the garage could be done while maintaining access to the garages,Mr. Sachs feels that the
driveway is difficult to maneuver as it is and objects to the driveway removals.
Turner stated that staff would recommend approval of a more limited hardcover variance to allow:
1. Existing hardcover within the 250-500' zone �
2. Existing hardcover within the 75-250' zone except; the weed control fabric under the beds
and a portion of the driveway
3. Existing hardcover within the 0-75' zone if the City Engineer determines the fabric under
the riprap is necessary for its functionality
4. And additional hardcover in the 75-250' zone to allow reconfiguration and expansion of
the existing deck to make the smaller deck more usable and provide a walkway between
� the two decks if the Commission determines appropriate.
Mr. Sachs summarized his request by stating that, as he has proposed it,the new hardcover above
ground is 190 s.f. to connect the two decks so that his wife,who cannot get around easily,can
move from the two decks without having to go through the whole house.He maintained that he is
willing to remove 400 s.f. of coverage and that he bought the home in this state and has done
nothing to contribute to the overages on hardcover. Sachs stated that what he is proposing is mostly
over existing hardcover and it appears to him that the City is `double dipping' iri its calculations.
Kroger stated that,no matter what,the weed control fabric must come out and it is at that point the
calculations for hardcover can be made. � .
Sachs stated that the only change he has made to the home since purchasing it was to put in some
steps to access the lake safely,which were allowed on the steep slope.He stated that the
discrepancies in the calculations have been aclrnowledged in the application as something that
might have occurred by the way in which calculations are done these days or human error.
Zullo stated that,while she understood the need to connect the decks as he had explained, she
questioned to the degree in which they should be enlarged. She felt the connection could be
accomplished at a smaller scale, and felt this would be more appropriate. She commented that she
believed the fabric under the riprap was a necessary allowance.
Winer pointed out that with the removal of 1,800 s.f. of plastic,the size of the deck could then be
more readily determined.
Kroger concurred, stating that more of a catwalk could be constructed to connect the two decks,in •
addition,he would expect the fabric be removed and that the applicant considers narrowing the
driveway.
Sachs stated that he could not narrow the driveway, as it is too difficult to navigate now. �
Zullo stated that she could not support the application as presented to grant a larger deck when a
smaller one could achieve the same result. She indicated that a small deck connection over the
existing room below would be acceptable.
PAGE 3 of 8
MIlVUTES OF THE
. ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p.m.
(4.#07-3290 BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, Continued)
Chair Kempf stated that he failed to see any reason to support the application and believed the
applicant should be satisfied with the two decks they have.
Chair Kempf moved,Kroeger seconded,to recommend denial.VOTE: Ayes 2,Nays 3,
� Winer,Zullo, and Kang Dissenting.The Motion failed.
Winer moved to table in order to give the owner time to redesign and recalculate his
proposal.
Sachs stated that he could not believe what he was hearing,maintaining that no one ever told him
when he purchased his home that he had to remove all of these things and that he was out of
compliance. He told the Commission to go ahead and vote on his application.
Winer withdrew her earlier motion.
Winer moved,Kroeger seconded,to recommend denial of Application#07-3290,Benjamin
Sachs for DRK Family Association,2523 Kelly Avenue.VOTE: Ayes 5,Nays 0.
NEW BUSINESS
5. #07-3293 GEORGE STICKNEY FOR BRUCE PADDOCK, 1500 BRACKETTS •
POINT ROAD,VARIANCE
Turner pointed out that the applicant has requested a hardcover variance to allow 31.13%
hardcover in the 75-250' zone to provide for consixuction of a replacement residence. She
explained that this lot was created by a plat that is a replat of two lots and a street that had shifted
the roadway away from the lakeshore.The other lot is divided by the new road into a .53 acre
parcel and 1.47 acre parcel,so land was taken from the original lot to make the other lot 2 acres.
She shared comparisons of the applicant's lots to three various shaped lots that meet the minimum
for the zoning district and went on to explain that, clearly,having a 0-75' zone on three sides that
comprises 55%of the property reduces the overall allowable hardcover as compared to lots with .
only one side abutting the lake. She encouraged the Commission to consider whether a reasonably
sized home with reasonable amenities and driveway could be developed without a hardcover
variance.
Turner stated that staff recommends denial of the variance as reasonable use of the property could
be made without the hardcover variance and the impact of the variance would be increased because
most of the hardcover lies within 150' of the lake and most of the runoff would directly run to the
• lake through a limited portion of the 0-75' zone setback. �
George Stickney,2590 Countryside Drive,representative of Bruce Paddock, stated that the
proposal would reduce the hardcover in the 0-75' zone by 13,000 s.f.He maintained that is there .
were ever a hardship lot,this was it, as it is one of inerely five point lots within Orono and
surrounded by water on three sides.With 1,000 feet of lakeshore and a width of no more than 250'
anywhere on the site, Sticlrney maintained that the applicant would be allowed to build a more
PAGE 4 of 8 •
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p.m.
(5.#07-3293 GEORGE STICKNEY FOR BRUCE PADDOCK, Continued)
significant home anywhere else in Orono on a smaller lot,as the comparisons within the packet
show.
Kroger stated that the plan seemed to be designed to be as close to the 75' zone as possible.He �
questioned whether the garage could be placed back further on the site near where the existing pool
is situated currently.
Sticlrney stated that they were considering putting in rain gardens near the pool area once it is
removed.With regard to the garage placement, Sticlrney stated that the neighbors had expressed
their desire that the home, and its amenities,be kept low profile, closer to ground level, so that it �
does not appear overpowering from the lake or street.He pointed out that they were preserving the
bluff and improving the current situation,in which the home encroaches significantly into the 0-75'
zone.
Gaffron stated that, it would be fair to say,that the current proposal does not reflect the finished
site plan or grading plan.He pointed out that if the garage was added where proposed the applicant
would be filling in a low area.He indicated that the applicant was looking for more direction at this
time and whether the Commission felt this to be a reasonable plan or if there were ways he could
mitigate the hardcover.
Charles Hanesworth, Charles Cud Homes, stated that the applicant would be generating a
tremendous amount of fill from excavating the basement for the house; therefore,the amount of fill
necessary to bring in might not be as high as estimated.
Zullo stated that she did not believe there was a hardship for this lot,as it was part of a large piece
of property prior to the division,which the applicant created and imposed upon himself.As the
hardship was made or created by the applicant by adding the roads and cul-de-sacs for the
adjoining lots,Zullo felt the applicant must work within the guidelines of this newly formed lot.
She stated that she would vote to deny the applications request.
Chair Kempf questioned the need for so much driveway hardcover.He felt there was a tremendous
amount of unnecessary hardcover.While the point lot is a hardship,Kempf felt the applicant could
make reasonable use with less hardcover.
Kroger concurred.
Winer stated that she believed the hardcover was too high,but that she did not have enough
information to make an informed decision. She suggested the applicant do more soil testing and
stated that she would not be surprised if the grading work proved to be more than the applicant
recognized.
Sticlrney stated that the lot has good soil and that he would bring the proof to attest to it at an
upcoming meeting.
Chair Kempf asked if the Commission had more direction for the applicants.
PAGE s of 8
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p.m.
(5.#07-3293 GEORGE STICKNEY FOR BRUCE PADDOCK,Continued)
Zullo reiterated that,although the lot may be difficult,it was created by the applicant and she had
little empathy towards granting a variance in this circumstance. She believed the applicant lmew
what he was keeping and what the guidelines were.
Stickney maintained that, at the time of the preliminary plat,the applicant had proposed a home of
this size for the lot and was not informed that this would not be appropriate.
Hanesworth pointed out that the term`reasonable use' can mean different things to different folks.
Kroger stated that he was unsure whether hardship e�cisted to warrant this or not but felt he needed
more information,that a garage poised at the edge of the 0-75' zone is inappropriate,and that there
was too much driveway proposed.
Winer stated that she was not concerned by the size of the proposed home,noting that the lot
commands it,but felt the driveway may be excessive. a
Stickney pointed out that there is no other lot like this,as noted by staff's own comparisons.He
hoped they could work together towards a fair compromise. -
Zullo reiterated that she was never in favor of subdividing these lots.
Chair Kempf summarized by stating that they would be tabling for more information,a large
' reduction in hazdcover, grading plan,and resituation of the home and garage.He asked the
applicant whether he felt he had been given adequate direction.
Sticlrney stated that he had been supplied with enough direction,but maintained that he believed
this lot met the hazdship requirements, as there are only five points in all of Orono, and that they
could build more home on any other lot on Lake Minnetonka with the same acreage.
Chair Kempf moved,Kroger seconded,tabling Application#07-3295 George Stickney on
behalf of Bruce Paddock,1500 Bracketts Point Road,for redesign,more information with
regard to drainage and grading plans,and a large reduction in hardcover.VOTE: Ayes 5,
Nays 0.
6. #07-3296 TERRY AND SUZANNE JOHNSON,543 PARK LANE,SIDE SETBACK
VARIANCES
Curtis reported that the applicant was requesting a side setback variance to allow 2' roof overhangs
where the code allows a 1.5' overhang as a non-encroachment; and a side setback variance to allow
the proposed entrance staircase to encroach 2' into the required 10' side yard setback.
Curtis noted that staff recommended approval of the variance to allow the roof overhang but would
� recommend the Planning Commission discuss the request to allow the 2' encroachment for the
entry stair as it is purely an aesthetic feature. She explained that through the building pernut review
it came to her attention that the original front entry stairs had an angled portion which encroached
into the side yard setback which was not shown on the approved survey but was on the original
plans approved by the City. �
PAGE 6 of 8
MINUTES OF THE
ORONO PLANNING COMMISSION
` Monday, June 18, 2007
7:00 o'clock p.m.
(6.#07-3296 TERRY AND SUZANNE JOHNSON,Continued)
Johnson stated that she assumed the plan had been approved as submitted and was surprised when
contacted last week by staff that the sweeping staircase had been missed. She stated that she had
letters of support from the neighbors on either side and had not changed the original plans which
did reflect this staircase but had not been drawn in completely on the approved survey.
Kroeger asked to separate the two issues,the overhangs and the stairway, for discussion purposes.
Curtis stated that during the City Council meeting in which the Johnson's brought up these issues,
the Council seemed receptive to accepting the 2' overhangs,and even went so faz as to suggest the
Comxnission consider an amendment to the code suggesting a 2' overhang be a standard.
Zullo stated that she felt a 2' overhang was better for ventilation and runoff and that she would
support both variances as presented.
Chair Kempf stated that, since it sounded as if Council was moving in this direction,he would
support the 2' overhang. On the other hand,Kempf stated that he felt the 2' encroachment of the
staircase for aesthetics was not necessary.
Zullo moved,Winer seconded,to recommend approval of the 2' overhang for Application
#07-3296,Terry and Suzanne Johnson 543 Park Lane.VOTE: Ayes 5,Nays 0.
Zullo moved to recommend approval of the staircase design as is and was submitted in the original
plans.
Kroeger asked for more discussion.He asked whether narrowing the staircase might allow for the
same sweeping effect.
Johnson stated that they had reduced the hardcover on this property by 1000 s.f. and thought the
entire application was approved as submitted,only to be informed after two years of planning at
this late date that there is a glitch to something that has been a part of the drawings from the .
beginning. She stated that she did not wish to take no for an answer on this feature.
Kroeger asked what sort of encroachment would be allowed if the applicants would have
redesigned there entrance to be a side entrance.
Curtis stated that the ingress/egress would have warranted a 3' encroachment had the design had a
side entrance.
Winer asked if this was the plan that was originally approved.
Curtis stated that it was the same drawing,but that no one had caught the proposed flair until it
came time to get the permit.
Zullo stated that,at this late date,the applicant could not redesign the entrance to turn it into a side
entrance and she would not be in favor of narrowing the staircase to retain the flaired appearance
for safety reasons.
PAGE 7 of 8
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p.m.
(6.#07-3296 TERRY AND SUZANNE JOHNSON,Continued)
Kang stated that she would prefer to see the plan redesigned to not encroach.
Winer stated that she would side with the homeowner.
Kroeger stated that if the entrance would have been turned to be a side entrance,it would have been
allowed a 3' encroachment;therefore,he could go along with the 2' flair encroachment.
Winer seconded the motion.VOTE: Ayes 3,Nays 2,Chair Kempf and Kang dissenting.
PLANNING COMMISSION COMMENTS
7. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING
' COUNCIL MEETINGS MAY 29,2007 AND JUNE 11,2007.
Chair Kempf stated that all of the Planning items were on the Consent Agenda,although there was
more discussion with regard to pervious pavers.
Gaf&on reported that at the June l lth meeting,the Council acknowledged that more detail is
required when addressing sensitive properties, such as those proposed for Baldur Park Road.The �
Vogue home on Baldur Park Road faced additional drainage concerns and will be back for
consideration,as will the Vogue home on Rest Point.The Council also heard the proposal by PRC
development at Homestead and while they liked the layout,their concern was how to make the
septic work.
8. OTHER ISSUES FOR DISCUSSION
There were none.
9. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON
JUNE 25,2007 AND JULY 9T�,2007.
6/25/07- Kroeger
7/9/07 - Zullo
ADJOURNMENT
Kroeger moved,Winer seconded,to adjourn the Orono Planning Commission Meeting of
June 18,2007 at 8:10 P.M. VOTE: Ayes 5,Nays 0.
ATTEST:
Ralph Kempf,Chair \
PAGE 8 of 8