HomeMy WebLinkAbout09/17/2007 Planning Commission Minutes t
' MINUTES OF THE ' —
ORONO PLAN1vING COMMISSION MEETING
Monday, September 17,2007 .
6:00 o'clock p.m. � ��
ROLL '
The Orono Planning Commission met on the above-mentioned date with the following members present:
Acting Chair Janice Berg, Commissioners Jaye Ann Zullo,Tess Rice, and Kim Kang. Representing Staff
were Assistant City Administrator for Long-Term Strategy Mike Gaffron,Planning and Zoning
Coordinator Melanie Curtis,Planner Evelyn Turner; and Recorder Jackie Young. .
Mayor James White was present. �
Commissioner Berg called the meeting to order at 6:02 p.m., followed by the Pledge of Allegiance.
Rice moved,Kang seconded,to approve the appointment of Janice Berg as Acting Chair for
tonight's meeting. VOTE: Ayes 3;Nays 0,Berg abstained. � _
APPROVAL OF MINUTES . '
*1. PLANNING COMMISSION MEETING OF AUGUST 20,2007
Rice moved,Kang seconded,to approve the minutes of the August 20,2007,Planning Commission
meeting as submitted. VOTE: Ayes 3,Nays 0,Berg abstained.
CONSENT AGENDA „
Rice moved,Kang seconded,to add Item#07-3314 to the Consent Agenda. VOTE: Ayes 4,Nays 0.
Acting Chair Berg opened the public hearing for Items#07-3313 and#07-3314 at 6:03 p.m.
There were no public comments regarding Applications#07-3313 and#07-3314.
Acting Chair Berg closed the public hearing at 6:03 p.m.
Zullo moved,Rice seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4,Nays 0.
*2. #07-3313 THEODORE&BETTY ZIEMAN,3045 SUSSEX ROAD, SUBDIVISION
Zullo moved,Rice seconded,to recommend approval of Application#07-3313,Theodore and Betty
, Zieman,3045 Sussex Road,preliminary plat approval of a plat to subdivide the property into two
lots. VOTE: Ayes 4,Nays 0.
PAGE 1
NIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
� Monday,September 17,2007
6:00 o'clock p.m.
OLD BUSINESS
3. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN,2745
SHADYWOOD ROAD,VARIANCE,6:06 P.M.—6:30 P.M.
Gregg Graten,Jim Zierman, and Peter Jacobson,Lake Country Builders,were present.
Curtis noted this application was tabled at a previous Planning Commission meeting following a detailed
discussion of the proposal. The applicant is requesting 0-75 foot hardcover and lake setback variances in
order to construct additions to the existing home and have proposed two new options. Option 1 includes a
pergola with an existing patio at the sound end of the property at the point, and Option 2 includes a screen
porch with a balcony above.
On Friday Staff received an e-mail with pictures of the property attached,which was forwarded to the
Commissioners. It appears the applicant has responded to the direction given at the August Planning
Commission meeting by submitting Option 1. Staff feels the revised proposal is more reasonable than
what was originally proposed. The massing on the point end of the property has been somewhat
minimized. The height of the structure continues to meet Code requirements and the rooflines are not
extreme. There continues to be a pergola over the existing patio on the point end of the home. The
pergola does continue to the structural coverage level and minimally to the overall siructural massing on
the lot.
In addition, Staff has received information from the City Attorney confirming the applicant's position on
the easement for a turnaround. While it may not function as a turnaround for the neighborhood,the fire
marshal maintains that a residence located 150 feet from the public roadway must provide a turnaround
for emergency vehicles. The turnaround should not be narrower than 14 to 15 feet in width. This would
require the hardcover in the existing driveway to be maintained at its current width.
Staff feels the property is currently being put to reasonable use and to further the nonconformities with
the proposed additions is�excessive. Staff continues to recommend denial. However, should the Planning
Commission find that the applicant's revised plans meet their direction,then an approval recommendation
should be forwarded to the City Council for their review. Curtis noted the requirements of the fire �
marshal dictate the need for revised hardcover calculations.
Graten stated they have revised the drawings following the August Planning Commission meeting and
have lowered the roof height by approximately 2.5 feet. The existing roof pitch at the front of the house
contains a 4:12 pitch. Graten requested the option slightly to revise the configuration for aesthetic
reasons.
Jim Zierman distributed photographs to the Commissioners depicting the property. Zierman stated there
are a number of trees that block the view from the lake,which would help to block any massing of the
structure.
Peter Jacobson stated based upon the comments of the Planning Commission,they revised their plans to
reduce the pitch of the roof and kept the hardcover at the existing levels. Jacobson indicated they would
prefer Option 2 and that it is not against the norm to have a porch.
PAGE.2
MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
Monday,September 17,2007
• 6:00 o'clock p.m.
(#07-3305 Lake Country Builders on behalf of James Zimmerman, Continued)
Rice noted this application was tabled at the last meeting and that she is the only one of the
commissioners at tonight's meeting who was in attendance at that meeting. Rice stated she had expressed
concern at that time that the property was already able to be put to reasonable use.
Graten inquired whether the Planning Commission was provided with information on the rain gardens.
Curtis stated the Commissioners were provided with the Planner's Report,the exhibits,and the minutes
from last month's meeting,which does include information on the rain gardens.
Kang stated her concern with constructing the porch on the point is that during the winter there would not
be as much screening and that she is unsure what the visual impact would be from the lake during the
winter months.
Zierman stated it would be difficult to see that area given the location of the porch.
Acting Chair Berg opened the public hearing at 6:17 p.m. '
There were no public comments regarding this application.
Acting Chair Berg closed the public hearing at 6:17 p.m.
Zullo stated she did review the entire application and that she does not see a need at this time for allowing
an increase in use.
Zierman commented that is a different direction than what they received at the last Planning Commission
meeting.
Rice noted that two commissioners had indicated the porch would be acceptable but that the other two
commissioners did express some concerns about the location.
Zullo reiterated that the property is able to be put to reasonable use at the present time.
Zierxnan stated it was his understanding that the Planning Commission was ready to approve the
application if the porch was removed.
Curtis stated Commissioner Rice did express that concern with the porch and that the majority of the
direction from the Planning Commission did come from two of the commissioners. The meeting ended
with the application being tabled to allow the applicant to revise his plans. Curtis stated the minutes do
reflect what went on at the meeting and that Commissioner Winer also expressed the same concerns as
Commissioner Rice.
Berg stated typically the Planning Commission will discuss a number of issues but not every issue will be
discussed at every meeting.
Zierman stated in the Planner's Report it said that they have addressed the issues, and that if the issues are
addressed,the commission would vote on it and forward their application to the city council.
PAGE 3
i
MINUTES OF THE
ORONO PLAlVNING COMMISSION MEETING
Monday,September 17,2007
' 6:00 o'clock p.m.
(#07-3305 Lake Country Builders on Behalf of James Zimmerman, Continued)
Berg noted Staff's recommendation is to deny the application and that it appears the commissioners
present at tonight's meeting are not in favor of the application.
Graten stated in attendance at last month's meeting were two commissioners that were in favor of the
application and that they were willing to vote on the application. Graten inquired whether it would be
possible to table the application and have it on next month's agenda when those commissioners would be
present.
Curtis stated she is unsure whether an approval vote would have been the result of a vote at last month's
meeting and that she had the understanding at the end of the meeting that Corrunissioner Winer preferred
Option 3.
Zierman stated he would like to have the application tabled to next month's meeting.
Zullo noted new hardcover calculations would also need to be submitted.
Curtis stated Staff would be comfortable with submittal of those prior to the Council meeting.
Jacobson concurred that the application should probably be tabled until next month when the other
commissioners are present. Jacobson stated they did address the issues that were raised at last month's
meeting and that they did revise their plans accordingly. In making the revisions,they submitted two
options for review tonight and that to their understanding they have addressed what they were required to.
Berg stated there is a possibility that two of tonight's commissioners would not be present at next month's
meeting.
Berg inquired whether they would like the application tabled.
Jacobson stated they would.
Rice moved,Berg seconded,to table Application#07-3305,Lake Country Builders on behalf of
James Zimmerman,2745 Shadywood Road. VOTE: Ayes 4,Nays 0.
NEW BUSINESS
*4. #07-3314 MICHAEL INGEMANSEN ON BEHALF OF TAE NAVARRF
CONGREGATION OF JEHOVAH'S WITNESSES,INC.,3655 TOGO ROAD,CONDITIONAL
USE PERMIT AND VARIANCE
Zullo moved,Rice seconded,to recommend approval of Application#07-3314,Michael Ingemansen
on behalf of the Navarre Congregation of Jehovah's Witnesses,granting of a revision to a
previously approved conditional use permit and a setback variance. VOTE: Ayes 4,Nays 0.
PAGE 4
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
5. #07-3315 DONNA AND MICFIAEL EBERTZ, 1220 TONKAWA ROAD,VARIANCE
Donna and Michael Ebertz,Applicants, and Michael Sharratt,Architect,were present.
Curtis stated the applicants are requesting 0-75 foot and 75-250 foot zone hardcover variances and a lake
setback variances in order to construct a new home on the property. The applicants' lot is quite unique in
that it has a considerable amount of lakeshore and"Preserve"classification wetland impacting the
buildable area. The applicants have proposed a home which meets most of the zoning requirements. The
applicants' proposed home meets most of the zoning requirements.
.
The applicants are proposing to locate 325 square feet of hardcover within the 0-75 foot zone. This does
not include the 134 square feet of retaining wall on the north end of the lakeshore. The applicants are .
requesting the variances to allow areas of patio and 56 feet of the home to extend into the 75 foot setback.
Staff finds that the hardcover level proposed within the 75-250 foot zone may not be entirely out of line.
However,the Planning Commission should discuss the size of the applicants' proposed house,number of
patios, and driveway orientation and determine if the proposed level of 50.8 percent is appropriate.
Additionally, Staff feels that the hardcover and structural improvements proposed within the 0-75 foot
zone are merely a design issue and could be eliminated to avoid this encroachment.
Staff recommends approval of a level of hardcover within the 75-250 foot zone that the Planning
Commission deems appropriate. Additionally, Staff recommends denial of the hardcover variance and
lake setback variance to allow the patios and structural improvements within the 75 foot zone. Further,
Staff recommends compliance with the City Engineer's comments and requirements prior to placement
on the City Council agenda for approval. Hennepin County approval is also required as noted within the
Engineer's comment memo.
Sharratt stated the issue with the existing home is that it does not meet the average lakeshore setback and
is located approximately 45 feet from the lakeshore. The driveway encroaches to the south and is located
close to the wetlands and lakeshore. They are unable to construct a basement on the lot and this lot
requires a slab on grade construction due to the close proximity to the lakeshore,which requires that all
the mechanical spaces and storage needs must be located within the house. The proposed setback is now
75 feet from the lakeshore rather than 45 feet. The proposed shortest distance from the driveway to the
wetland is 30 feet versus 17 feet, and they are proposing in the southwest corner a rain garden to
accommodate the runoff from the driveway.
Sharratt stated the lot consists of slightly more than an acre but the buildable area is rather limited. The
proposed home is 4400 square feet of structural coverage,which is 9.4 percent structural coverage. The
hardcover exceeds the 25 percent limit due to the limitations of the buildable area of the lot and the
setback requirements.
Ebertz stated their current home is less than 2000 square feet and only consists of two bedrooms,which is
no longer sufficient for their growing family. In reviewing their options,they have elected to conslruct a
new residence on the lot,which will greatly improve the appearance of the property from the lake and
help bring the lot more into confornuty. Ebertz noted this house currently is grandfathered in and is
located much closer to the lakeshore than what they are proposing.
Rice inquired whether the shed would be removed.
PAGE 5
MINUTES OF T�
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3315 Donna and Michael Ebertz, Continued)
Ebertz stated the shed is not visible from the lake,is screened on all four sides by trees, and that he stores
his yard equipment in it. Ebertz indicated he would like to retain the shed since it does provide a very
functional use for storage of his equipment.
Kang asked what rooms are located off of the patios.
Sharratt stated the patio on the south side is off of a study,the patio off of the southeast corner is off of
living space, and the patio in the back is off of the kitchen. Sharratt noted the patios are rather small and
are approximately 10 x 12 or 16.
Acting Chair Berg opened the public hearing at 6:39 p.m.
There were no public comments regarding this application.
Acting Chair Berg closed the public hearing at 6:39 p.m.
Rice stated in her opinion there are some design issues that could be addressed to bring the house further
into compliance.
Kang concurred with Commissioner Rice and that she would like to see the office/study brought more
into conformity.
Sharratt stated they can look at redesigning the house slightly and they can remove the walkway around
the bay as well as square off the bay window. Sharratt asked whether they would be allowed anything on
that setback line. Sharratt noted they were told at a different Planning Commission meeting that they
would not be opposed to an encroachment in that area since it is so well concealed.
Rice commented she understands this is a tough lot but that changes to the design would help bring the
house more into conformance.
Zullo stated she does not fmd the need for a variance to encroach into the setback given the size of the
house.
Berg stated if the walkway was eliminated and the bay window is squared,they would eliminate the
majority of the hardcover in the 0-75 foot zone.
Sharratt pointed out there is a small amount of rip-rap in that area.
Turner noted the patio has a covered roof.
Berg asked if the rip-rap would need to remain.
Curtis stated it would and that calculations from a previous application show there is approximately 134
square feet of hardcover.
Kang stated she does not have a concern with the shed.
PAGE 6
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3315 Donna and Michael Ebertz,Continued)
Berg indicated she also does not have a concern with the shed.
Curtis noted the code provides for a lockbox four feet high in the 0-75 foot area and to her recollection the
shed is in some state of disrepair.
Ebertz stated they store their lawnmower, snowmobile,and weed whacker in the shed.
Kang stated she has reservations about removing the trees in order to straighten the driveway out and that
she might be more in favor of leaving the driveway as is.
Zullo stated if the shed is in a state of disrepair, she would not want the shed to be rebuilt, and that
perhaps some space could be allocated for storage of equipment in the four-car garage.
Gaffron asked if the overhangs to the south are encroaching over the 75 foot line. Gaffron noted City
Code allows 1.5 foot overhangs.
Ebertz indicated they would like their application to move forward as quickly as possible so they are able
to start construction prior to winter. Ebertz noted they are reducing the hardcover in the 0-75 foot zone to
the bare minimum and that he would like to retain the office/study since he does a great deal of work out
of his house. Ebertz stated that area of the house is very well shielded and that their plan allows the house
to be very functional.
Berg noted the City's Code dictates what can and cannot be allowed in certain zones.
Zullo stated in her view the office/study could be designed so it does not encroach,but that she would be
in favor of the environmental enhancements to the property. Zullo stated if the shed is in disrepair, she
would like to see it removed.
Sharratt stated they do not have the ability to construct a basement on this lot and that mechanical type of
equipment is required to be on the first and second floors of the house.
Berg commented the shed would not complement the new house.
Mrs. Ebertz commented that the shed is very well shielded.
Zullo stated she would prefer the driveway not be reconfigured to reduce the hardcover, and suggested the
size of the rooms be changed to comply with the 75-foot average lakeshore setback. Zullo noted the
Commissioners are giving their personal opinions on what could be done to make the house more
conformity and that it is the choice of the applicant on what options he would like to pursue.
Sharratt stated it is not always that easy to redesign a plan and that the revisions do require a fair amount
of work.
Berg recommended the plans comply as much as possible with City Code. Berg stated due to the
revisions that are required,it is probably necessary to table the application.
PAGE 7
NIINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3315 Donna and Michael Ebertz,Continued)
Sharratt inquired whether Staff could review the changes and forward it to the City Council without it
coming back to the Planning Commission for their review.
Curtis stated it would be up to the discretion of the Planning Commission and whether they would like to
review the changes.
Ebertz stated they would like to submit the changes to Staff and proceed forward to the City Council.
Gaffron recommended some numerical direction on the hardcover be given to the applicant.
Zullo stated she would like to see the harcicover removed out of the 0-75 foot zone and that she would not
be opposed to the application proceeding forward to the City Council if the changes to the house are not
major in nature.
Curtis inquired whether the Planning Commission is comfortable with 50.8 percent hardcover in the 75-
250 foot zone.
Berg stated with the exception of the rip-rap,the hardcover could be eliminated in the 0-75 foot zone.
Curtis noted the rip-rap consists of 134 square feet. •
Gaffron asked if the encroachments are removed except for the 134 square feet in the 0-75 foot zone,
would the applicants be able to add that back into the 75-250 foot zone.
It was the consensus of the Planning Commission that any hardcover removed from the 0-75 foot zone
not be added back into the 75-250 foot zone.
Sharratt noted they are proposing 9.4 percent structural coverage, and if this was a normal lot,they would
be under the hardcover limit.
Berg noted the walkway could also be removed,which would help to reduce the hardcover. Berg stated
the patio in the back could be reduced or the size of the house reduced.
Sharratt stated they are pernutted 7000 square feet structural coverage and they are proposing 4400 square
feet of structural coverage. Sharratt stated the nature of a variance is to accommodate unusual lots and
that in his opinion this is an unusual lot given the lagoon and the large impasse zone on two sides of the
property.
Zullo stated when a person purchases a piece of property,they need to be aware that there are limits on
what can be placed on the property.
Kang stated she is comfortable with the hardcover in the 75-250 foot zone remaining at the proposed
level.
Rice stated she would like the hardcover reduced.
PAGE 8
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3315 Donna and Michael Ebertz,Continued)
Kang moved,Zullo seconded,to recommend approval of Application#07-3315, 1220 Tonkawa
Road,based upon the requirement that the hardcover in the 0-75 foot zone only consist of the 134
square feet of ea�isting rip-rap,that the hardcover in the 75-250 foot zone not exceed what is
currently proposed at 50.8 percent, and that the applicant meet the recommendations of the City
Engineer. VOTE: Ayes 3,Nays 1,Rice opposed.
Rice stated she would like to see the hardcover reduced further in the 75-250 foot zone.
6. #07-3316 MARC ASHTON WITH JOHN TERRANCE HOMES,LCC,ON BEHALF OF
MITCI3 COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE
INVESTMENTS,7:10 P.M.—8:20 P.M.
Todd Mohagen,John Terrance Homes, and Larry Palm,LGL Real Estate,were present.
Curtis stated the applicants are requesting approval of a commercial site plan and preliminary plat, as well
as rezoning from RR-1B to R-6 PUD. The pertinent issues regarding this application are outlined in the
Planner's Report. Staff would like the applicant to comment on their application since they have recently
submitted some information in response to Staff's report but Staff has not had an opportunity to review
the information.
The parcel is the undeveloped parcel of Stone Bay Outlot A,located at the northwest corner of the
intersection of Wayzata Boulevard and Willow Drive. The property is zoned RR-1B and guided B6,
Highway Commercial PUD,which allows office uses with minor retail and service uses allowed as
accessory uses to an office use. The proposed bank with a drive-up facility/office building are consistent
with this designation.
The Planning Commission should address the issues noted in the summary of issues for discussion and
deternune whether there are specific elements that need revision and further Planning Commission review
before forwarding this to City Council. Curtis noted the City Engineer also has not had a chance to
review the revisions.
Mohagen commented their overall plan works well with the area and is similar to what was previously
approved by the City for this site. Being proposed are two 2-story,20,000 square foot office buildings
without a retail component. Staff's report did point out some errors in their plan associated with the
parking stalls,which are depicted at 18.5 feet,and Orono's Code requires 20.9.feet. Mohagen indicated
they have submitted two plans showing the two different size parking lots.
,
Curtis stated it would benefit the Planning Commission if they were given an overview of what they are
proposing since many of them were not part of the other proposals for this site.
Mohagen displayed an overhead depicting their proposal and the layout of the site. Mohagen indicated
that visibility and a sensitivity toward the amount of parking were two issues that were taken into
consideration and that they have attempted to break the parking up into smaller areas. Mohagen
distributed a 3D illustration of the site looking from the east and from the west.
PAGE 9
MINUTES OF T�
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3316 Marc Ashton with John Terrance Homes, Continued)
Mohagen stated the property owners would like the buildings to be visible from Highway 12 but yet they
are aware of the need to minimize the parking. Berms and plantings are proposed for around the site.
The arrangement of the buildings has the bank set back toward the rear of the site,with the other building
being located closer to the front of the lot. The remaining space located in the bank building would be
leased to various smaller tenants. The second floor consists of 10,000 square foot,which could
accommodate a larger tenant. The second building is very similar to the first building and could be for `
one tenant or multiple tenants.
Mohagen stated the majority of the traffic would come in off of Kelley Parkway.
Berg asked if this is right in/right out.
Mohagen stated from the north off of Willow you would have a right-in and that the median prevents a
U-turn. Mohagen stated this proposed bank building is designed similar to the bank that was designed for
Central Bank in St.Michael and allows for offices 11 feet wide or bigger.
Mohagen displayed the materials they are proposing for the site. Both buildings would be constructed out
of the same materials,with the base of the building having a limestone look with red brick above. The
proposed materials would be long-lasting and building design would not allow the building to become
dated. Both buildings would be two-story,with a maximum of 30 feet in height. Both buildings are
designed to have a central mechanical unit,which would not be visible from the road. The building on
the west would overlook the pond,with the entrance facing Willow and Kelley.
Mohagen stated they would prefer the 9' x 18'parking stalls rather than the City's 9' x 20' requirement
around the perimeter of the parking lot,which would help to reduce the hardcover. They are willing to
work with City Staff on the landscaping of the lot and the placement of the shrubs as well as
incorporating rain gardens onto the site. Staff has recommended that the pedestrian circle path be
removed and they are agreeable to removing that. As it relates to stacicing with the drive-through,
Mohagen indicated in their experience the per hour access to the drive-through would amount to
approximately one car every ten minutes at peak time. Mohagen noted this is a largely commercial bank,
and with online banking,it would not generate a great deal of traffic except for around 2:00.
Matt Swenson,Landform, addressed the Planning Commission regarding the two alternate site plans
being proposed for this site. Alternate Site Plan A depicts the 9' x 18' stalls around the perimeter of the
site and Alternate Site Plan B depicts the 9 x 20' parking stalls. They would request they be allowed to
construct the stalls at 9' x 18'. The upper northwest corner of the west building has been shifted south to
accommodate the 45-foot setback,which brings the plan into compliance with the setbacks.
Swenson stated as it relates to the rain gardens,the Minnehaha Watershed District has requested that -
some rain gardens be incorporated into the design and they are willing to work with Staff to accomplish
that.
Mohagen stated the trash enclosure would be constructed out of brick and that the location of the trash
enclosure is near the entrance to the site. Mohagen stated it might require a variance for the trash
enclosure to be located in another location near the center,and if the Planning Commission would prefer a
PAGE 10
MINUTES OF THE
ORONO PLANNING COn�IlVIISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3316 Marc Ashton with John Terrance Homes,Continued)
different location,they would prefer not to place the trash structure next to the building. The lighting
under the drive-through is proposed as canopy lighting,which would be a cut-off fixture that would be
flush flat with the canopy. Mohagen distributed information on the lighting to the Commissioners.
Turner requested the applicant cover the loading dock.
Mohagen indicated the tenants of the two buildings would primarily be professional and that there would
be some limited deliveries by UPS or Federal Express. Mohagen stated there is no berth proposed for a
semi-trailer and that a loading dock really is not required for this type of usage. Mohagen requested that
the loading dock not be a requirement.
Berg asked what the lighting would be in the parking lot and whether it is included in the information that
they have received.
Curtis stated it is included and the lighting proposed for the parking lot is acceptable to Staff.
Acting Chair Berg opened the public hearing at 7:33 p.m.
There were no public comments regarding this application.
Acting Chair Berg closed the public hearing at 7:33 p.m.
Kang recommended there not be excessive lighting near the residential area in the northwest corner.
Mohagen stated the building lighting is recessed down. _
Zullo stated she would prefer to see less parking given the fact that the use is more commercial rather
than retail. Zullo inquired whether the parking needs have been examined by Staff for this proposal.
Gaffron stated the City has allowed a reduction in the number of parking spaces based on the use and
went to 3.5 stalls per 1000 square feet rather than five.
Mohagen stated the normal standard is one per 200 in other cities and that the tenants of this nature prefer
ample parking. Mohagen stated the City's ordinance is very adequate,but from a marketing standpoint,
the tenants would like 1 stall per 200 feet.
Zullo stated in her view the space coming into the drive-through is too tight, especially with the trash
enclosure also being located in that area. Zullo suggested the trash enclosure be moved further south.
Zullo noted the exit onto Willow Drive is also narrow and should perhaps be relocated further south.
Mohagen stated the further south they move the access onto Willow Drive,the more congestion they
would encounter from the intersection of Highway 12.
Turner stated the access point off of Willow Drive should be located a sufficient distance from the
intersection and that the location of the driveway is pretty much limited to this location.
PAGE 11
MINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3316 Marc Ashton with John Terrance Homes, Continued)
Mohagen stated they can relocate the trash enclosure inside the building but that in his opinion the
proposed location is a good spot for the structure.Mohagen pointed out they would not have individual
mechanical space for each tenant but rather a central mechanical room for each building. The anticipated
minimum tenant area would be 1200 square feet,with the maximum being 10,000 square feet.
Zullo inquired whether there is a minimum on the amount of square footage for the tenants.
Mohagen stated there is not and that the building is designed to offer some flexibility for tenants.
Rice inquired whether Staff would like the application tabled.
Curtis stated Staff has not had a sufficient opportunity to review the plans,but if the Planning
Commission is comfortable with what is being proposed, Staff could conduct that review prior to bringing
the application forward to the Council.
Mohagen requested the application be moved forward to the City Council and that there could be
stipulations stated in an approval by the Planning Commission to allow for that review by Staff.
Mohagen noted that hardcover is not an issue on this property and that the stacking issue could be dealt
with by the submittal of a report and reviewed by Staff.
Berg inquired whether the rain gardens would be incorporated.
Turner pointed out an issue with the height of the building is the entry feature on one of the buildings
could be considered an atrium and that the Planning Commission would need to address whether that
would be acceptable since it exceeds the City's height ordinance. Turner stated the language allows for a
dome.
Zullo stated in her view the building requires something over the entrance to make it more visually
appealing.
Turner stated the entrance on the bank building should be addressed by the Commission as well as the
location of the trash enclosures. Turner stated Staff did walk the site earlier this afternoon but they were
not able to find a suitable alternate location for the trash enclosure.
Zullo asked whether the buildings would meet the City's architectural guidelines if they have the section
over the entrance.
Turner stated they would require a variance because there is nothing in the City Code for that type of
architectural feature on a building.
Curtis stated the Code allows for church spires,belfries, cupolas and domes which do not contain useable
space,monuments,water and fire towers, observation towers, flag poles, chimneys, smoke stacks,parapet
walls extending not more than three feet from the height of the building, cooling towers and elevators.
Mohagen stated they are attempting to give the building a sense of entry with the feature over the
entrance.
- PAGE 12
MINUTES OF T�
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3316 Marc Ashton with John Terrance Homes,Continued)
Turner stated the expectation of Staff on the landscape plan is that there would be an increase in the
amount of plant materials and to specifically provide screening of the parking lot. In addition,the revised
site plan depicts larger parking stalls,with the setbacks being reduced. The setbacks are still compliant
but the Planning Commission may want to determine whether the areas that have been reduced are
appropriate.
Zullo stated given the size of the site,there does not appear to be a lot of landscaping in certain areas.
Zullo expressed a concern that the landscaping in the islands and other areas would not be maintained and
that there is an excessive amount of asphalt.
Mohagen stated Staff did recommend removal of the sod from the islands and replacing it with rock,
which they are agreeable to. Mohagen stated they would prefer to work with Staff and the landscape
engineer on the landscaping issues.
Turner stated the number of plants would need to be modified and that Staff would like some direction on
where the Planning Commission would like to see more green space.
Zullo stated she would like Staff to take into consideration the excessive amount of asphalt in certain
areas and that in her opinion the two-inch diameter tree is rather small.
Turner stated the two-inch diameter is a standard tree and that the price goes up considerably with the
larger trees. Turner indicated the smaller trees tend to grow at a faster pace than the larger trees and that
Staff is recommending the parking lot be screened from the road. Turner pointed out there is no room for
a berm along Willow.
Mohagen pointed out there is berming located along Highway 12 and that from the road you are not able
to see the parlang lot.
Berg stated it does not appear the Planning Commission has any issues with the proposed lot size. As it
concerns the building setbacks and height,the applicant is in conformance except for the entrance on the
one building. Berg inquired whether the locations of the trash enclosures are satisfactory.
Turner stated Staff could not deternune a better location for the trash enclosures.
Berg noted there is an issue with the parking space dimensions.
Mohagen stated they would like the parldng stalls to be 9' x 18' around the perimeter of the site to reduce
hardcover,with the remaining stalls being 9' x 20'.
Berg stated the City Engineer would need to review the parlcing to determine whether the proposed
parldng is adequate. The drive-up bank building and stacking would also require review by the City
Engineer and that there does not appear to be a need for a loading dock.
Gaffron stated he would like to hear from the engineers on how they interpret the comments from
Mn/DOT in terms of needing to provide storage or rate control and water quality control on site. In
previous applications for this site, Staff had concluded that the large storm water pond to the west
� PAGE 13
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3316 Marc Ashton with John Terrance Homes,Continued)
provides all of the rate control and water quality control for this site. Gaffron stated rain gardens have not
been mentioned in other previous applications and that he questions whether they are necessary in this
case and what value they would add to the site.
Mohagen stated they are willing to construct rain gardens if they are required.
Turner noted the rain gardens are proposed to be five to seven feet deep,which Staff does not feel would
be attractive.
Zullo inquired where the water is being directed to from the parking lot.
Mohagen stated the water is being diverted into piping and would go into the storm water pond.Mohagen
stated they would like to hear the comments of the City Engineer on the rain gardens.
Swenson stated Mn/DOT is pushing the rain gardens for better onsite water control and that in smaller
rain storms the water would not go into the rain gardens but would go directly into piping. The rain
gardens also help reduce the runoff into the storm water pond. Swenson noted the ponds would likely be
dry the majority of the time.
Gaffron inquired about the maintenance of the rain gardens.
Swenson stated maintenance of rain gardens is still a relatively new field but that the maj ority of the
sediment would be captured before it goes into the rain garden.
Mohagen stated the rain gardens are a technical issue that could be resolved between their engineer and
the City's engineer. Mohagen noted the rain gardens are a recommendation of Mn/DOT and not of the
City and would not be resolved by any discussion on that issue tonight.
Gaffron indicated as the parlcing stalls get closer to code,one of the places that would be impacted is the
southeast parldng lot buffer along Willow. Gaffron stated on the Otten lot there is approximately 22 feet
of green space between the parking lot and the curb,which narrows down to 18 feet near the entrance. In
the front,there is approximately 40 feet of green space,which is rather substantial and was required by
Mn/DOT. The McDonald's site contains approximately 38 feet of green space from the shoulder line and
parlang stalls. Gaffron noted the plan does exceed the 25 percent the City requires for green space and
that he would like to leave the buffer areas intact as much as possible.
Mohagen stated they would be willing to reduce the green space between the parking lots.
Gaffron stated in prior plans for the southeast corner of the property they have seen a landscape feature
that was intended to be the entrance into the Stone Bay complex,which is not part of this plan.
Mohagen stated if they do not have a rain garden in the middle,they would propose a sidewalk and then .
move the seating area in between the two buildings.
Berg stated she concurs with Mr. Gaffron and that she would like to see some more green space on that
corner of Willow and less parldng.
,
PAGE 14
�
MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3316 Marc Ashton with John Terrance Homes,Continued)
Gaffron stated ultimately there will be sidewalks on both sides of Highway 12 and that a connection
should be provided to the east as well.
Mohagen inquired how they can reduce the amount of asphalt.
Berg stated that would be something that Staff should perhaps address. I
Gaffron stated in his opinion there is not too much asphalt for the site and given that it is a PUD,there is
some leeway on the amount of parking. Gaffron stated one or two parking stalls being removed would
not add much to the site in the way of green space and that the site currently does comply with the City's
requirements on green space.
Zullo stated she would like to see the circular green space remain. �
It was the consensus of the Planning Commission that the proposed materials for the two buildings are
acceptable.
Kang inquired whether the site would need to be rezoned.
Gaffron stated the Planning Commission is looking at concept plan approval tonight,which would have a
concept approval resolution adopted by the City Council. At the same time,the Planning Commission
has also looked at the preliminary plat and the rezoning to B-6. If the Council approves the preliminary
plat,the rezoning would also be approved at the same time. Gaffron stated typically these types of
applications appear before the Planning Commission a second time after concept plan approval is given
by the City Council once the plans have become more finalized. Gaffron stated a PUD requires a
resolution by the City Council on the concept plan and a resolution by the City Council on the final plat.
Gaffron inquired whether the Planning Commission is satisfied with their review tonight and whether
they would like to review it again.
It was the consensus of the Planning Commission that they are fine with reviewing the application just the
one time.
Zullo moved,Kang seconded,to recommend approval of Application#07-3316,Marc Ashton with
John Terrance Homes,LLC,on behalf of Mitch Cook of Central Bank and Larry Palm of LGL
Real Estate Investments,for commercial site plan review and preliminary plat,rezoning from RR-
1B to B-6,PUD,with the understanding that the Planning Commission has concluded that it does
not need to see this application again at the general development plan stage unless the City Council
or Staff recommends that the Planning Commission review it. VOTE: Ayes 4,Nays 0.
(Recess taken at 8:20 p.m.—8:28 p.m.)
PAGE 15 �
�
!
i
MINUTES OF THE ;
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
7. #07-3318 ANDERS HOLM ON BEHALF OF STEPHEN OTTO,2185 WATERTOWN
ROAD,VARIANCE,8:28 P.M.—8:50 P.M. '
Anders Holm,Architect, and Stephen Otto,Applicant,were present.
Turner stated the applicant is requesting a setback variance to construct an addition to the house as close
as 20 feet from the south property line when a 50-foot setback is required. The original house was
constructed in approximately 1920. In 1997, a section of the house was removed and replaced by an
attached garage and mudroom, a three-season porch, and a two-story area containing two bedrooms
upstairs and a kitchen/dining room, entry and den downstairs. The remaining section of the house was
converted to a great room and master bedroom with a craft room in the half-story above.
The proposed two-story addition has a 20-foot setback and would contain a family room on the first floor
and a master suite on the second level. The existing master bedroom would be converted to a library.
The existing house sits at an angle to the rear property line. The southeast corner of the house is about 70
feet from this property line,with the southwest corner being 35.4 feet. The northwest corner is
approximately 53 feet from the property line. The proposed addition would be 18 feet wide and 38 feet
long.
Turner requested the Planning Commission discuss the following issues:
l. Would not having the larger master suite and family room be an undue hardship and is it required
to make reasonable use of the property.
2. Is the addition the appropriate size or should it be smaller.
3. Could the addition be placed in a conforming location or a more conforming location. The
minimum setback to the septic.
If the Commission determines the addition is appropriate and necessary,Planning Staff recommends
approval of a setback variance to allow the addition with a 3.5 foot offset conditioned on maintenance of
the wooded area along the south property line through a conservation easement.
Holm indicated they did look at a number of options for adding on to the house,with their options being
limited due to the impact on the view from the house,the location of an old septic site, and the setbacks to
the south and east. There is some question regarding which side is the front side of the property and that
the survey shows the south side of the property as the back. Holm stated it is debatable whether a 50-foot
setback is required for the south side.
The property owner is requesting an eight-foot offset for the addition,which has to do with access to
walkways and the ability to have a view. �
Berg inquired what the size of the addition is.
�
Holm stated it is 18' x 30' and would consist of 1,938 square feet. Holm commented the addition would
help bring the house up to the standards of the neighborhood.
i
PAGE 16
MINUTES OF THE
ORONO PLANNING COA�INIISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3318 Anders Holm,continued)
Berg opened the public hearing at 8:37 p.m.
There were no public comments concerning this application.
Berg closed the public hearing at 8:37 p.m.
Zullo inquired what the distance is between the existing septic tank and the proposed addition.
Turner stated they are at 12 and it could be 10 feet. Turner noted those locations were confirmed in the
field this week.
Holm stated the south property line is fairly wooded and would help to screen the addition.
Otto indicated the trees along the south property line are mainly pine trees that were planted
approximately 15 years ago.
Zullo inquired what property the trees are on. ,
Otto stated there was not a survey performed at the time his parents purchased the property back in the
1950s and that there is some misunderstanding about where the exact property lines are. The nursery that
was adjoining this lot at one time constructed a fence that they had assumed was along the property line.
Otto stated the trees may or may not be on his property and that the shed is located partially on the other
property.
Holm noted the shed has been relocated to be entirely on Mr. Otto's property.
Turner stated the survey was done at the time the other addition was constructed,but it does depict the
accurate location of the house. .
Zullo inquired whether the trees would be maintained in the years to come. •
Otto stated they would be,with evergreen txees being added to the south and to the west.
Zullo inquired whether the addition could be relocated back two feet.
Otto stated if the addition is moved further back,it would block the view from the house of people
approaching the residence. Otto indicated the addition is required to accommodate a larger family.
Holm commented the angle of the house on the property also limits their options on the location of the
addition.
Kang stated she is having a difficult time understanding what the hardship is but that she understands the
rationale of the applicant.
Berg asked whether the addition should be reduced.
� PAGE 17
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007 ;
6:00 o'clock p.m.
(#07-3318 Anders Holm,Continued)
Kang commented there does not appear to be another location for the addition. �
Holm pointed out the basement on this home is rather shallow and is not able to be converted into living
space,with the head room in the location of the beams being approximately six feet. Holm stated the
other neighboring properties have a big gathering room that they can utilize,which is what they would
like to add to this residence.
Zullo inquired whether there were any comments received from the neighbors.
Berg noted that letters were received from Jill Cornell,2145 Watertown Road;Lana Shaughnessy,2150
Colin Drive;Thomas Major,2200 Devin Lane;Robert and Monica Kantor,2165 Watertown Road,all in
support of the addition. [These letters were actually an aclmowledgement of having reviewed the plans.]
Holm stated it is likely that the only neighbors who would be able to have a view of the addition would be
the Shaughnesseys.
Zullo indicated she is not opposed to the addition.
Berg moved,Zullo seconded,to recommend approval of Application#07-3318,Anders Holm on
behalf of Stephen Otto,2185 Watertown Road,granting of a setback variance,with verification
that the shed is located entirely on Otto's property, and subject to the condition that the existing
trees along the south property line are protected under a conservation easement. VOTE: Ayes 3,
Nays 1,Kang opposed.
8. #07-3312 GARY DeSANTIS,80 WEAR LANE NORTH, SKETCH PLAN REVIEW
Gary DeSantis,Applicant,and Mark Gronberg, Surveyor,were present.
Curtis stated this is a sketch plan review for a two lot residential plat of property within the RR-1B
District,which requires two acres of dry buildable area and 200 feet of width per lot. The proposal
consists of the division of one existing five acre parcel resulting into two 2 plus acre parcels. A lot width
variance would be required for each of the newly created lots as the"parent"lot is at the end of a cul-de-
sac and does not meet the 200-foot width requirement at the road,therefore the resulting"child"lots
would be significantly substandard in width.
The property is guided for single-family residential use at a density of one unit per two dry buildable
acres. The proposed plat is intended to ultimately conform to this use. The property is not located within
the MUSA and is intended to be served with septic systems and private wells.
In 1993,the front lotJback lot standards were created to address situations like what is being proposed
tonight. The Planning Commission should carefully review the back lot standards and consider whether
the lot width variance is supported,if this is really a frontlback lot situation, or neither.
PAGE 18
!
MINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday, September 17,2007
6:00 o'clock p.m.
(#07-3312 Gary DeSantis,Continued)
The Planning Commission should consider whether the significantly substandard lot width impacts the
ability to correctly subdivide this parcel. The goal of this review is to provide the developer with an
overview of the pertinent City ordinances and how they affect the proposed plat.
Gronberg stated he has been involved in a number of applications before the City of Orono involving
setback variances being routinely granted on cul-de-sacs,including Shadow Wood Farm,Meadow Wood
Pond, Old Crystal Bay Road 2°d Addition,plus numerous other properties located at the end of cul-de-
sacs. -
Gaffron indicated that is conect. �
Gronberg inquired whether paving the entire road from Watertown Road into the cul-de-sac is necessary.
DeSantis indicated it is considered a private road at the present time and asked whether it would still be
considered a private road once it is paved.
Berg stated it would still be considered a private road.
Curtis stated the road would be maintained as a private roadway with underlying city/public easements
for utilities.
Gaffron stated in approximately 1984,there was a three lot subdivision created and the cul-de-sac ended
between the second and third lots. At the time Wear Lane was created,other lots were being created at
approximately the same time, and there was not a requirement that the roads be paved. Since the 1980's,
the City has required that every private road be paved. Gaffron noted if this had been a four lot
subdivision from the inception,the cul-de-sac would have been laid out differently. If that subdivision
were done today,there would not enough acreage for the relocated cul-de-sac, and one or both lots would
not have enough land to meet the two-acre minimum.
In 1994,the City's Code was changed to address situations where someone has a narrow corridor that
accesses a home that essentially sits behind another house. The City allowed a road to go to that lot and
established standards for a back lot that are difficult to meet in this case. One of the criteria is that the lot
should consist of three acres and that the setbacks from the back lot should be 150 percent of the setback
requirements for that zoning district. With this type of front/back lot situation,there is not sufficient
acreage because the 30-foot corridor is not included in that calculation, and the north line of the south lot
becomes functionally the front lot line. Gaffron indicated the only way to make this situation work is to
create a layout that would have some fairly strange lots and that technically the 200 feet of lot width has
to be met at the rear of the front yard and that a variance would be necessary.
Gaffron noted the septic sites would have to be approved and the wetland delineation must be approved
prior to the City accepting it. Gaffron noted the City's wetland buffer requirement is being met.
Gaffron stated if the Planning Commission is comfortable with granting width variances,there should be
separation between the house sites that matches the goals for the two-acre zone. Gaffron stated it is a
strange layout given the situation with the cul-de-sac,but that it is not that unusual.
PAGE 19
MINUTES OF T�E
ORONO PLANIVING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3312 Gary DeSantis,Continued)
, DeSantis stated the proposed use appears to be in conformity with the CMP.
, Gaffron stated it does conform with the City's Comprehensive Plan,and that to meet the two-acre
requirement,the pieces of dry land have to go with the piece to the north and it must be contiguous.
DeSantis stated over the past five years the area has also been relatively dry.
Gaffron stated the Watershed District would need to review the report and make their determination on
the amount of wetlands this site contains.
Zullo stated she does not have a concern with sharing the two driveways but that she does have a concern
that the driveway serving four houses is gravel. Zullo inquired whether the City would require the
driveway to be upgraded to asphalt.
Gaffron stated the City requires that private roads have a 24-foot width and an 80 foot paved cul-de-sac,
and that by adding a fourth house,it would trigger the requirement that the road be paved. In the past the
Council has allowed end lots of long subdivision roads to remain gravel for a portion of it. Gaffron asked
whether the driveway is in one person's name.
DeSantis stated he is unsure.
Gaffron stated Staff is not sure that this road would connect anywhere else.
Zullo stated it appears from Exhibit C that there is not a house on one of the lots.
Curtis noted that is an aerial photo from 2000 and that there is currently a house on the lot.
Rice questioned why the City would have approved the lot layout originally.
Gaffron stated it has to do with the topography and other site characteristics. Gaffron stated originally
the two back lots were created with two separate access points off two separate roads. Gaffron stated this
type of subdivision is not unusual for the City but that the configuration of the lots is somewhat unique.
Zullo indicated she would like to see the road meet the City's standards for the number of homes that
would be served.
Berg commented the paving of the road could be a requirement of approval. Berg inquired whether there
is a homeowner's association.
DeSantis stated currently there is not and that he presently does the maintaining of the road.
Berg stated it appears likely that the road would need to be paved if the subdivision is approved.
Kang indicated she would support the application but would like to see the road blacktopped.
Zullo recommended the wetland survey be completed to verify the amount of dry buildable land.
PAGE 20
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,September 17,2007
6:00 o'clock p.m.
(#07-3312 Gary DeSantis,Continued)
Gaffron stated setback variances would not be necessary but a variance to the lot width requirement
would be necessary. Gaffron noted Lot 1 is approximately 50 to 60 feet wide and would require 200 feet
in lot width,and Lot 2 is 120 or 130 feet in width and would also require 200 feet in lot width.
Rice questioned why the City would approve something so substandard if they have lot width
requirements.
Zullo stated the ordinance probably relates more to new developments.
Curtis noted this is a two-acre zone.
Berg stated the applicants is unable to split these lots without variances and that the Planning Commission
is basically giving some direction to the applicant on whether they feel what they are proposing would be
� acceptable.
Gaffron stated as long as you have two acres and the house meets the setback requirements,the lot width
would not be as critical in that type of situation as in other situations.
Gronberg stated a driveway could also be run on the northerly lot on the north side and a house
constructed further to the east.
Berg commented she is not opposed to the strangely configured lots.
Zullo stated she would like the driveway and cul-de-sac blacktopped,with a survey being conducted to
verify the buildable area.
The Planning Commission took no formal action on this application.
PLAN1vING COMMISSION COMMENTS
9. REPORT OF PLANI�ING COMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS AUGUST 27,2007,AND SEPTEMBER 10,2007
Rice reported on the September 10`i'City Council meeting,noting that the Marzari application was
approved with a smaller landing. The George Sticlrney application was denied at 27 percent hardcover.
The development at 875 Wayzata Boulevard was tabled but would likely be approved at the next council
meeting.
Gaffron stated the City is still worlcing on an agreement with the City of Wayzata on the sewer and water
for the 875 Wayzata Boulevard application.
Gaffron stated for the October 3`�work session of the Planning Commission he would like to discuss the
City's policy for hardcover and different items that should be codified.
PAGE 21
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 17,2007
6:00 o'clock p.m.
10. OTHER ISSUES FOR DISCUSSION
None
11. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON
SEPTEMBER 24,2007,AND OCTOBER 8,2008
September 24—Kang
October 8 -Zullo
ADJOURNMENT
Zullo moved,Kang seconded,to adjourn the Planning Commission meeting at 9:26 p.m. �
VOTE: Ayes 4,Nays 0.
� l
�
alph Ke pf, Chair
(Janice Berg,Acting Ch ir for 9/17/07 eting)
PAGE 22