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HomeMy WebLinkAbout08/20/2007 Planning Commission Minutes � MINUTES OF T1�E ORONO PLANNING COMMISSION MEETING Monday,August 20,2007 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 Michelle Winer,Tess Rice, and Dick Kroeger. Representing Staff were Planning and Zoning Coordinator Melanie Curtis,Planner Evelyn Turner; and . Recorder Jackie Young. Council Member Jim Murphy was present. Chair Kempf called the meeting to order at 6:07 p.m., followed by the Pledge of Allegiance. APPROVAL OF MINUTES ' 1. PLANNING COMMISSION MEETING OF JULY 16,2007 Turner requested the minutes be amended on page eight to read that Mr. Schneider said the following: "The plan that was submitted was very similar in architectural design with a site plan that included two 3-unit office buildings and one 2-unit office building,but was platted as a townhouse plat rather than a condominium plat." Kroeger moved,Rice seconded,to approve the minutes of the July 16,2007,Planning Commission meeting as amended. VOTE: Ayes 4,Nays 0. CONSENT AGENDA Item Nos. 6 and 7 were added to the Consent Agenda. Item Nos. 1 and 2 were removed from the Consent Agenda. Winer moved,Rice seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. OLD BUSINESS 2. #07-3309 MAUREEN BRECKMAN,2695 CASCO POINT ROAD,VARIANCE— RENEWAL,6:10 P.M.—6:22 P.M. Maureen Breckman,Applicant,and Phil Breckman,Applicant's son,were present. Lawrence Kane,2697 Casco Point Road, stated he has resided on his property for approximately 30 years. Kane indicated he has spoken with City Staff several times over the summer regarding a hole and the weeds on the Breclanan property and that he was informed by Staff that the hole would be filled in by July 24'which has not occurred. Kane expressed safety concerns that children might wander onto the property and fall into the hole,which is filled with water. At this time the applicant is now requesting a continuance and that the property is now for�sale. Kane requested that the applicant be required to fill the hole and mow the grass. Curtis stated the excavation has been made safe according to the building code requirements for fencing and the depth of the hole. Staff has notified the property owner on several occasions to mow the property, and when the grass has not been mowed, City Staff has gone ahead and mowed the property. PAGE 1 MINUTES OF THE ORONO PLANPTING COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#07-3309 Maureen Breckman,2695 Casco Point Road, Continued) Staff is recommending as a condition of approval that this application not be brought before the City Council unless the hole is taken care of. Curtis stated the fencing that has been erected is appropriate, and given the depth of the hole,it is not considered a danger. Kane stated the fencing has been down for the past nine months. Kane distributed pictures of the property depicting the hole and the weeds. Winer inquired whether Staff is recommending that the hole be filled as a condition of approval. Curtis stated Staff is recommending the hole be filled in as a conditional of approval for renewal of the variance that was granted last year and that the applicant must demonstrate that they have complied with that condition prior to the application proceeding to the City Council. If this application does not proceed to the City Council, City Staff would take the necessary steps to fill the hole and bill the property owner for the work. Kempf inquired whether Mr. Kane is satisfied that the hole must be filled prior to the variances being renewed. Kane indicated that is fine. Phil Breckman apologized for the condition of the property and stated that he did recently hire a landscape person to routinely mow the grass on this property and fill in the hole. There were no further public comments regarding this application. Winer moved,Kroeger seconded,to recommend approval of#07-3309,Maureen Breckman,2695 Casco Point Road,granting of renewal variances for lot width,lot area, and hardcover,subject to the condition that the hole on the property be filled in and the grass mowed prior to the application proceeding forward to the City Council. VOTE: Ayes 4,Nays 0. 3. #06-3243 RICHARD MARZAN,2795 PHEASANT ROAD,CONDITIONAL USE PERMIT: LAKESHORE LAND ALTERNATES,6:23 P.M.- William Chadwell,Northshore Gardens,Richard Marzan,Property Owner, and Steve Mastey, Landscape Architect,were present. Turner stated the applicant is proposing this project to address the very steep lakeshore slope on this property. The project includes revegetating the slope,installing approximately 401ineal feet of retaining wall,replacing the steps to the lake, adding a lakeside patio and a deck over the slope. The applicant is requesting a conditional use pernut for a retaining wall within the 0-75 foot lakeshore setback, a hardcover variance for the retaining walls,patio, and decks within the 0-75 foot zone, a lakeshore setback variance for the deck,and a variance to pernut intensive vegetation removal within the 0-75 foot zone preparatory to replanting the slope. PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#06-3243 Richard Marzan,2795 Pheasant Road,Continued) Turned noted the applicant submitted a similar proposal for retaining walls last year,which was reviewed by Commissioners Kempf and Kroeger. That application was never completed and has since been amended to include revegetating the slope,a patio, and a deck within the 0-75 foot zone. Staff recommends approval of the variance for the vegetation removal but does not recommend approval of the hardcover and setback variances and the conditional use permit. Mastey distributed pictures to the Planning Commission of the existing conditions on the property. Mastey stated the removal of the vegetation in the 0-75 foot area is not an issue but that the issue is the existing deck and landing consisting of 430 square feet that the property owner would like to upgrade. In addition,the stairway system is also in need of replacement. Mastey stated they are proposing to decrease the hardcover to 317 square feet by replacing it with a new deck and landing,remove the concrete in that area, and construct a stone stair system and retaining wall. In addition,they would like to make the dirt in the area more permeable to allow it to absorb a majority of the water and runoff prior to entering the lake. Mastey stated they are attempting to construct a safe access to the lake that will be an improvement over what currently exists. In addition,the landing would also allow a place for a parent or other adults to sit and supervise small children while they are swimming in the lake. Mastey noted the Minnehaha Watershed District has signed off on the project. Chadwell noted the Minnehaha Watershed District has stated that this shelf is permanent. The property owner would like to remove the concrete and the current retaining wall and construct a boulder wall, which would help to stabilize the slope and the stairs. Chadwell expressed a concern that once the existing retaining wall is removed,the land behind it would be unstable and could wash down. Chadwell noted the current retaining wall has buckled even further since last year and raises a safety concern to people in that area. Mastey stated given the close proximity to the lake,the fill would be considered unstable and would require a retaining wall. Richard Marzan stated they are loolcing to create a place where they can safely get on and off their boat as well as store their boat equipment. Marzan indicated the landing and retaining walls in their opinion are required to help stabilize the stairway and the soil. Marzan stated he would be willing to listen to the suggestions of the Planning Commission on what would be appropriate for this area. Chair Kempf opened the public hearing at 6:42 p.m. There were no public comments regarding this application. " Chair Kempf closed the public hearing at 6:42 p.m. Kempf inquired what the typical stairway width is for access down to the lake. Turner stated lakeshore property owners are pernutted a four-foot wide stairway and a landing up to 32 square feet. Turner noted the stairway is not an issue in this application and that the existing deck is PAGE 3 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#06-3243 Richard Marzan,2795 Pheasant Road,Continued) considered a legal nonconforming structure,which the property owner is allowed to replace under state statute. Turned noted the portion of the deck that extends out over the lake or is in the floodplain cannot be replaced. Kroeger inquired how the size of the deck would be reduced and where the exact location of the retaining wall would be. Mastey demonstrated on the overhead how they are proposing to reduce the size of the landing and the location of the retaining wall. Kempf noted there is a large deck that currently exists on the property but that he views this project as expanding a nonconformity. Kempf noted the City Engineer does not feel a retaining wall is necessary to stabilize the slope. Kempf stated he is not in favor of the boulder wall and the expansion of the nonconforming structure since the City likes to keep things next to the lake as natural as possible. Kempf commented it is very unusual to have a deck of this size next to the lake and that he would not be in favor of expanding the deck beyond 180 square feet. In addition,Kempf noted Exhibit F to the Planner's Report states that"The proposed planting and vegetation plan has a combination of large masses of woody shrubs extending from the top to the bottom of the slope with non-native perennials along the top edge between the slope and the proposed lawn. The shrubs proposed for use are native,but the proposed design is not consistent with the City of Orono's wetlands protection ordinance. No additional plantings are shown to the west of the proposed stairs. Given the plantings selected, a large portion of the visible slope would be mulched. Plantings should be designed to appear as natural in form as possible." Kempf stated based upon the comments of the engineer,this project should be revisited by the applicant. Kempf inquired what the plan is for the area west of the stairs. Marzan noted he appeared before the Planning Commission approximately eight months ago and that he has attempted to revise his plan to meet the direction of the City. Marzan stated he currently pays $40,000 a year in taxes and that his land is washing away into the lake. Marzan stated it was his understanding the City does not approve of the existing wood decking that is currently there and that he has also removed a boathouse as part of another project. Kempf stated the existing wood decking is okay,which is the 180 square feet. Marzan stated after the first step there is wood,no dirt,and then a bunch of rock piling and rip-rap. Marzan indicated they are attempting to remove all the wood and asked whether the Planning Commission is okay with the removal of the wood. Kempf stated the 180 square feet is the wood and that portion is okay to replace. Marzan inquired what should be done with the dirt in that area. � PAGE 4 MINUTES OF T� ORONO PLANNING COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#06-3243 Richard Marzan,2795 Pheasant Road, Continued) Kempf stated it is his understanding from the engineer that the only function of the retaining walls is to hold back the normal slope and that the slope should be continued from the top of the retaining wall beyond the flat area. Marzan stated he has paid two engineers and an architect to look at this situation and that this project is getting expensive. Marzan commented he is unsure whether the structure would stay in place given the current erosion that he is experiencing. Kempf reiterated that the engineer has determined the retaining walls are not necessary. Marzan stated he is willing to comply with the City's rules and recommendations but the shelf is the only spot he has available to access his boat and store his dock. Marzan stated he is willing to do this project to the city's specifications but that he would like the guarantee of the city that they will back him if the project fails. Marzan stated they are also going to lose a huge tree in the center of the property due to the land washing away and that something has to be done to stop his land from washing away. Marzan stated some of these structures have existed since 1911 and that in their opinion it is impossible to slope the ground to prevent the land from washing away in a rainstorm or when they attempt to replace the sta.irway. Marzan commented his neighbor has a retaining wall that gets rebuilt every year and that in his opinion his plan is a very good plan and helps to correct the situation. Kempf asked whether the applicant would like to address the type of plantings. Marzan stated they will conform to Orono's recommendations on plantings. Mastey stated some of the plantings they are suggesting would go where there currently is lawn and would help slow down the runoff. Kempf stated he has a concern with the mulch being proposed. Turner noted the wetland ordinance does not apply in this case but was referenced by the landscape architect as a guideline. Mastey stated in order to stabilize the hill,they would need to install geo grid fabric and stringy mulch to help stabilize the loose soil. The mulch would allow the plants to maintain moisture and is part of a system to help stabilize the soil. Eventually the plants would grow and conceal the mulch. Kempf requested the information contained in the Planner's Report be forwarded to the applicant's landscape architect. Kroeger requested a visual rendition of what the project would look like a few years from now be submitted. Kempf inquired what is being planned for the area west of the stairs. PAGE 5 NIINUTES OF TAE ORONO PLANNING COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#06-3243 Richard Marzan,2795 Pheasant Road, Continued) Mastey stated it is basically a continuation of what is being proposed for the east. Kempf stated the main issues are the expansion of a nonconformity and the construction of a retaining wall. Winer stated she would like to see the report from the Minnehaha Watershed District and that there may be issues relating to stormwater drainage on this property as well. Winer noted the water level is at 929.4 and the bottom of the deck is at 930 feet. Winer stated in her opinion the property owner would have problems maintaining what currently exists given the slope and the erosion and recommended that additional engineering be completed. Turner stated the property owner has a rip-rap permit,which is a routine permit that is granted by the Minnehaha Watershed District. Chadwell stated the Watershed District informed them that the landing is a permanent structure and that he has been told that it would be better to have a small amount of the dirt wash down into the lake during the construction than to leave the slope as it is and have a land slide. Kroeger stated even though the pavers and other materials allow some water to permeate, it still is considered hardcover, and that it would be very unusual to allow double the hardcover in that area over what currently exists. Mastey stated the deck is 180 square feet, and they are allowed a landing and a staircase,which actually is a reduction from what currently exists. Curtis stated if the slope requires a landing for transitioning down a level of the slope,the landing would be allowed,but that the property owner is not allowed to combine the landings and construct a big landing down at the shore. Marzan stated he also requires that space to store his boat equipment down there because he cannot haul it back up the slope. Marzan stated he is not attempting to create a party spot down at the lake but rather a safe landing for his family. Kempf stated the Planning Commission could approve certain portions of the application or deny the application in its entirety and that the applicant has the option of going before the council. Marzan commented he plans to reside in Orono for the rest of his life and that he wants to comply with what the City of Orono is recommending for this property. Kempf stated the vegetation removal would likely be approved,with the stairway left as is, and 180 square feet of deck being allowed. Kroeger stated he would be inclined to consider replacement of the existing retaining wall but that he would not be in support of expanding it. Kempf noted a plan would be required if the retaining wall is replaced. PAGE 6 MINUTES OF TI� ORONO PLANIVING COMNIISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#06-3243 Richard Marzan,2795 Pheasant Road, Continued) Kroeger moved,Rice seconded,Application#06-3243,North Shore Gardens on behalf of Richard Marzan,2895 Pheasant Road,to recommend approval of the revegetation plan subject to compliance with the City Engineer's comments,and to deny the additional hardcover being requested,with the exception of the replacement of the retaining wall,not to exceed the current width of the wall. VOTE: Ayes 3,Nays 1,Kempf Opposed. 4. #07-3293 BRUCE PADDOCK,1500 BRACKETTS POINT ROAD,VARIANCE,7:19 P.M.—7:38 P.M. George Stichney,Developer, and Bruce Paddock,Applicant,were present. Turner stated the applicant is requesting a hardcover variance to allow 27 percent hardcover in the 75- 250 foot zone to provide for construction of a replacement residence. This application was before the Planning Commission in June,with the application being tabled to allow the applicant to supply additional requested information and with dire�tion to reduce the amount of hardcover being proposed. The applicant has reduced the hardcover from 31 percent to 27 percent by reducing the size of the driveways and patios. The grading plan is acceptable to the City Engineer and the location of the proposed house is unchanged. Staff would note that hardcover could further be reduced by nanowing the driveway from 12 feet to 10 feet,enlarging the island in the circle drive, and shifting the house northwest 10 to 20 feet. Staff also noted that through the use of vegetated swales, drainage would be directed away from the portions of the lakeshore with steep banks. The rain garden proposed east of the cul-de-sac is for the runoff from the new Bracketts Point Road and will not receive any runoff from the proposed house or driveways. Stichney noted they will have considerably reduced the amount of hardcover overall on this lot from what exists now,particularly in the 0-75 foot zone and the 75-250 foot zone. Stichney noted they are asking for less than half of the hardcover that they would be allowed on this lot if it were a typical lot. Stichney stated based on the unique shape of the lot,a hardship exists for the variance. Stichney recommended the City's ordinances regarding hardcover be revisited, especially given the impact it has on the resale price and the tax dollars that could be generated from the improvements. Chair Kempf opened the public hearing at 7:29 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 7:29 p.m. Winer noted the issues with the 0-75 foot zone have been addressed,and that given the unique shape of the lot, she is not opposed to the variance. Kroeger inquired whether the cabin would remain. PAGE 7 NIINUTES OF THE ORONO PLANNING COMIVIISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#07-3293 Bruce Paddock, 1500 Bracketts Point Road, Continued) Stichney stated it has been approved. Rice indicated she also does not have a problem with the variance. Kempf concurred that it is a hardship lot but that he would like to see the patio and sidewalk materials . be constructed with a pervious paver. Kempf stated the amount of hardcover would remain the same but portions of the hardcover would be constructed out of pervious material. Stichney indicated he does have some experience with pervious pavers and that the pervious material should be installed on level ground. Stichney suggested that the court yard area between the garages be constructed with pervious pavers since that is a flatter,open area. Curtis requested engineering specifications be provided to the City on the pervious pavers. Paddock stated he would not be opposed to utilizing pervious pavers in the court yard area. Stichney noted the pervious pavers need to be brushed or swept regularly to keep leaves off of it, and that if the decks were constructed with the pervious pavers,it would require the removal of the deck furniture and other items,which would not be necessary with the court yard area. Kempf stated he is fine with that section being constructed out of pervious pavers rather than the patios and sidewalks. Rice moved,Kroeger seconded,to recommend approval of Application#07-3293, George Stickney on behalf of Bruce Paddock, 1500 Bracketts Point Road,granting of a hardcover variance,subject to the condition that the court yard area between the garages be constructed with pervious pavers. VOTE: Ayes 4,Nays 0. NEW BUSINESS 5. #07-3305 JAMES ZIMMERMAN,2745 SHADYWOOD ROAD,VARIANCE,7:38 P.M.- 8:20 P.M. Peter Jacobson with Lake Country Builders and Gregg Graten,Architect,were present. Curtis stated the applicant is requesting hardcover and lake setback variances in order to construct additions to the existing home. The property is located on a peninsula of land,with almost the entire lot being located within the 75 foot setback. Additions were constructed to the home in 1991. The applicant is requesting variances to allow lakeward and upward structural expansions of the existing home. Since over 99 percent of the property is located within the 75 foot setback area,the property cannot be built on without variances. The existing home is approximately 25 feet wide and 75 feet long. The expansions being proposed will almost double the width and add nearly 15 feet in length. The project also would bring the structure closer to the lake on all sides. PAGE 8 MINUTES OF THE � ORONO PLANNING COMIVIISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#07-3305 James Zimmerman,2745 Shadywood Road,Continued) Staff feels the additional structural hardcover may be reaching a level of excess and that the property owner currently has reasonable use of the property. Planning Staff recommends denial of the variances. Jacobson distributed and read a letter addressed to the Planning Commission from Mr.Zimmerman regarding his project. Graten stated there are four different options they would like to discuss tonight for the driveway in an attempt to address the issues raised by the City. Option one basically leaves the driveway as it,with the proposal being to expand the hardcover by approximately four percent in connection with the expansion of the house. The overall hardcover on the site is currently 25.4 percent.The shoreline has been replanted with native plantings to help filter the runoff. Graten stated option two reduces the turnaround and lowers the hardcover by approximately two percent. Crraten noted there is an easement that impacts their ability to some extent to construct on the property. Curtis stated to her understanding there is an easement but that the City Attorney does not feel the easement negatively impacts the property owner's ability to build on the lot. Graten stated option three retains the general shape of the existing turnaround but narrows its width down to eight feet from 12 feet,which reduces the hardcover to 24.48 percent. Option four eliminates the turnaround entirely. In addition,the property owner is proposing to add additional plantings and a rain garden within the center of the turnaround. Kempf noted the City Engineer had recommended that the driveway be repaved as part of the rain garden project. Graten stated they would verify that the driveway is sloped adequately to drain the water toward the rain garden. Graten indicated they are proposing to change the pitch of the roof and would be willing to work with the City on that issue. Jacobson stated the easement,in their opinion,does impact their ability to construct on the lot. Curtis stated she did attempt to get that statement by the city attorney clarified but that it was his understanding he did not feel the easement had any impact on the ability to build on the lot. Jacobson reiterated that in his view the private easement does have some impact,with the easement being given to allow for turnaround in the event of an emergency. Jacobson stated they are attempting to keep the hardcover at the current level and that they are here to obtain some guidance from the Planning Commission on the driveway. Chair Kempf opened the public hearing at 7:58 p.m. Thomas Rabdgaard, 2765 Shadywood Road, stated he is basically here to see what is allowed on this lot because he is considering rebuilding on his lot. PAGE 9 MINUTES OF T� ORONO PLANIVING COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#07-3305 James Zimmerman,2745 Shadywood Road,Continued) Chair Kempf closed the public hearing at 7:59 p.m. Kempf concurred that this is a hardship lot. Kroeger asked if the easement would affect options three and four. Graten stated it would affect option four and the easement may have to be renegotiated. Curtis concurred that the easement issue would need to be clarified and that she would be speaking with the City Attorney again on that issue. � Kroeger stated the applicant is proposing to add approximately 1200 square feet of hardcover. Kroeger noted a number of letters were received requesting that the boat house be allowed to remain. Graten stated if the boat house is removed,the property owner would be allowed to have a dock and a boat and jet slcis parked out there,and given the aesthetics,the property owner, along with the neighbors,would prefer the boat house. Kempf stated he would prefer the boathouse. Rice stated she is undecided about the application since the property owner has reasonable use of the property currently. Winer inquired whether there is a homeowners association for this neighborhood and whether the homeowners association owns the easement. Graten stated he is unsure at this time who has ownership of the easement. Curtis indicated Staff would look into that issue. Kempf inquired whether the proposed additions are all over existing hardcover. Graten stated portions of the project are over existing hardcover. Grraten demonstrated on the overhead the portions of the project that would be constructed over existing hardcover. Curtis noted Exhibit D to the Planner's Report illustrates the existing hardcover on the lot. Kempf stated this is definitely a hardship lot and noted that current structural coverage is at 13 percent. Kempf stated he does not perceive that the expansions would negatively impact the view of the neighbors. Kempf inquired whether what the height of the new roof would be. Curtis stated the highest point of the roof would be at 29 feet. Kempf commented he likes the step-down of the roofline to help reduce the massing of the structure and that he does not see the addition toward the garage end of the property as adding considerably to the PAGE 10 MINUTES OF THE ORONO PLANNiNG COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#07-3305 James Zimmerman,2745 Shadywood Road, Continued) massing. Kempf expressed concerns regarding the addition toward the point as giving the appearance of a substantial amount of massing. Curtis stated there may be a possibility that during construction the house would be cut down to the cap and would be rebuilt. Curtis inquired whether the Planning Commission has any concerns if this becomes a part of the project. Jacobson stated they are attempting to come up with a plan for adding to the house and that they have not thought about aspect. Jacobson stated he did not think about removing the house down to the cap. Kroeger asked if the house is on a slab. Graten stated it is a slab on grade. Curtis stated she wanted to bring that issue up so that all the parties would be aware of it. Jacobson stated as part of the next step they would be looking at that more closely. Winer stated she would be in agreement with sticldng more closely to the existing patio slab. Kroeger stated his understanding of the hardship cited by the property owners is the need to upgrade the house to fit in more with the neighborhood. Graten stated that is a portion of the hardship but that there is a large portion of hardcover dedicated to the turnaround,which makes it difficult to build on the lot without doing a lot of modification to the driveway in exchange for the new hardcover. Kempf stated the property owner has reasonable use of the property currently but that what is being proposed for this lot in this neighborhood is not excessive. Jacobson commented it is difficult to define what reasonable use is for every person and that how a house fits into a neighborhood should be taken into account. Jacobson noted they are also proposing to � make improvements to the lot to address environmental issues relating to the lake. Kroeger indicated he is in agreement with the comments made earlier by Chair Kempf on the visual impact of the expansions from different points on the lot and that he would like to see the expansion toward the point be modified. Kempf stated if the expansion toward the point were eliminated,he would not be opposed to the project. Graten indicated he would speak with the property owner to see if he would be willing to relocate the screen porch elsewhere. Kempf commented that it probably would not be acceptable to relocate the screen porch on either side of the house and that the property owner may have to consider eliminating that. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (#07-3305 James Zimmerman,2745 Shadywood Road, Continued) Jacobson inquired whether the height of the structure is an issue. Curtis stated it does meet the City's 30-foot height restriction. . Kempf indicated he would prefer option three for the driveway. Winer and Kroeger stated they also prefer option three. Kempf inquired whether they would like the application tabled to allow them time to redesign their plans. Jacobson requested the application be tabled. Winer moved,Kroeger seconded,to table Application#07-3305,Lake Country Builders on behalf of James Zimmerman,2745 Shadywood Road. VOTE: Ayes 4,Nays 0. *6. #07-3307 STEINER&KOPPELMAN,LLC, 1200 OLD CRYSTAL BAY ROAD, CONDITIONAL USE PERMIT Winer moved,Rice seconded,to recommend approval of Application#07-3307, Steiner& Koppelman,LLC, 1200 Old Crystal Bay Road,granting of a conditional use permit. VOTE: Ayes 4,Nays 0. *7. #07-3308 RUSSELL SCHUMER&JUDITH FLORESTANO,955 TONKAWA ROAD, VARIANCE Winer moved,Rice seconded,to recommend approval of Application#07-3308,Russell Schumer and Judith Florestano,955 Tonkawa Road,granting of a variance to the average lakeshore setback. VOTE: Ayes 4,Nays 0. PLANNING COMMISSION COMMENTS 8. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JULY 23,2007 AND AUGUST 13,2007 Winer reported on the August 13�'City Council meeting,noting that the proposed roundabout was discussed and that it is likely it will be a one-lane roundabout in the beginning with room to expand it to two lanes. Murphy stated the stimulations helped illustrate how the roundabout would work and that the three issues that need to be addressed is a safe left turn out of the Montessori School,the likelihood of stacking at different times of the day getting in and out of the Montessori School, and the ability of drivers on Wayzata Boulevard to gain safe access to the roundabout. Murphy stated he would prefer the roundabout be two lanes right from the beginning. . PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2007 6:00 o'clock p.m. (Report of Planning Commission Representatives,continued) Kroeger reported on the July 13`h City Council meeting,noting that the financial report on the City was presented and that the City's fmances are in good overall condition. Kroeger stated the Sachs application was denied and that the majority of the items were placed on the Consent Agenda. 9. OTHER ISSUES FOR DISCUSSION None 10. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON AUGUST 27,2007,AND SEPTEMBER 10,2007 August 27,2007—Ralph Kempf September 10,2007—Tess Rice ADJOURNMENT Kempf moved,Kroeger seconded,to adjourn the Orono Planning Commission meeting at 9:04 p.m. VOTE: Ayes 4,Nays 0. � \ Ralph Ke ,C ir PAGE 13