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HomeMy WebLinkAbout10/15/2007 Planning Commission Minutes MINUTES OF T� ORONO PLANNING COMNIISSION MEETING Monday,October 15,2007 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 Jaye Ann Zullo,Dick Kroeger,Kim Kang,Michelle Winer, and Tess Rice. Representing Staff were Assistant City Administrator for Long-Term Strategy, Planning and Zoning Coordinator Melanie Curtis,Planner Evelyn Turner; and Recorder Jacicie Young. Commissioner Jon Schwingler arrived at 6:12 p.m. City Council Member Rahn was present. Chair Kempf called the meeting to order at 6:01 p.m. APPROVAL OF MINUTES 1. PLANNING COMMISSION MEETING OF SEPTEMBER 17,2007 Kang moved,Winer seconded,to approve the minutes of the September 17,2007 Planning Commission meeting as submitted. VOTE: Ayes 5,Nays 0. CONSENT AGENDA Item No. 7 was added to the Consent Agenda. Chair Kempf opened the public hearing for Item Nos. 2, 3,4, and 7 at 6:04 p.m. There were no public comments concerning these items. Chair Kempf closed the public hearing at 6:04 p.m. Kroeger moved,Zullo seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. *2. #07-3319 THOMAS AND ERIN KIELEY, 1995 FOX RIDGE ROAD,VARIANCE Kroeger moved,Zullo seconded,to recommend approval of Application#07-3319,Thomas and Erin Kieley, 1995 Fox Ridge Road,granting of a setback variance. VOTE: Ayes 5,Nays 0 *3. #07-3321 KEITH NORD, 1245 LAKEVIEW AVENUE,VARIANCES Kroeger moved,Zullo seconded,to recommend approval of Application#07-3321,Keith Nord, 1245 Lakeview Avenue,granting of setback variances to allow construction of a second story addition and alter the roof over the open front porch. VOTE: Ayes 5,Nays 0. PAGE 1 NIINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. *4. #07-3326 THEODORE SCHULTZE AND MARY STEIL-SCHULTZE,744 BROWN ROAD NORTH,CONDITIONAL USE PERMIT Kroeger moved,Zullo seconded,to recommend approval of Application#07-3326,Theodore Schultze and Mary Steil-Schultze,744 Brown Road North,granting of a conditional use permit and setback variance in conjunction with a covenant pursuant to Code Section 78-303(1'�. VOTE: Ayes 5,Nays 0. OLD BUSINESS 5. #07-3305 LAKE COUNTRY BUILDERS ON BEHALF OF JAMES ZIMMERMAN, 2745 SHADYWOOD ROAD,VARIANCE,6:06 P.M.—6:55 P.M. Gregg Crraton with Lake Country Builders, and James Zimmerman,Applicant,were present. Curtis stated this application was discussed at the August Planning Commission meeting as well as the September Planning Commission meeting. There were four Commissioners in attendance at the August meeting. At that time the applicant was requesting hardcover and lake setback variances in order to construct additions to the existing home. Following a discussion about the proposal,it appeared there were at least three Commissioners generally supportive of the applicant's request. A general consensus was reached that the applicant's Option#3 was most favored as long as the roofline was lowered and the proposed porch at the point was removed from the plan. However, one Commissioner remained unsatisfied that the applicant was making a reasonable request,and if a vote would have been taken, at least this one Commissioner would have voted to deny the application. Generally the applicant was given direction and the application was tabled to the September meeting. At the September Planning Commission,the applicant brought two separate revised options forward. Both of these options generally met the direction given at the previous meeting. Only one of the commissioners present at the August meeting was present at the September meeting. Upon reviewing the applicant's revised proposal,the Commission generally felt that the applicant's request was unreasonable and discussed denial. The applicant was taken by surprise at this conclusion,and rather than having the application denied by the four-member commission,they requested their application be tabled. Curtis stated the first option being presented tonight eliminates the screen porch addition at the point end of the property but proposes to retain an existing grade level patio and pergola. The second option proposed has the screened porch and balcony above the patio. These options appear to respond to the direction given by the Planning Commission at the August meeting. The existing pergola over the existing patio does constitute structural coverage and adds to the massing of the lot. Curtis noted while the driveway does not function as a turn-around for the neighborhood,the Fire Marshal does maintain that a residence 150 feet from the public roadway must provide a turn-around for emergency vehicles. The turn-around should not be narrower than 14 or 15 feet in width,which would require that the hardcover for the existing driveway be maintained at a somewhat lower level but kept at the same width. PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3305 Lake Country Builders,Continued) Staff feels that the properiy is currently being put to a reasonable use and to further the nonconformities with the proposed structural additions is excessive. Staff continues to recommend denial. However, should the Planning Commission find that the applicant's revised plans meet the direction provided at the August meeting,then an approval recommendation could be forwarded to the City Council. James Zimmerman stated he has resided in this property for approximately 14 years,with the home being constructed in 1959 and consists of roughly 2900 square feet. The lot is nonconfornung and an existing boathouse exists on the property. Currently the property has 24 percent hardcover and 9.6 percent structural coverage. Two-thirds of the hardcover consists of the driveway,with the rest consisting of the house. Zimmerman indicated his building objectives were to develop a plan that would be better for Lake Minnetonka and the environment,would be supported and embraced by his neighbors,would fit in and be appropriate for the site and the neighborhood, and modernize the property. Zimmerman indicated a number of years ago he worked for the DNR and Wildlife Forever on a shoreline vegetation program for Minnesota and over the years has made some modifications to his property in an effort to help the environment. The current plans propose incorporating a significant rain garden element that would significantly reduce runoff and benefit the lake. In addition,three areas of vegetation were added approximately five to six years ago to the property,which is where the rain garden would also be located. Zimmerman noted a couple of his neighbors are in attendance at tonight's meeting and are supportive of the project,with the goal of the neighborhood being to enhance individual properties. Zimmerman indicated he did make every attempt possible to ensure that his neighbors' views were not blocked by this project and that structural coverage will be under the 15 percent structural coverage. The current structure is a 1950's rambler and does not have a main floor bathroom. The issues outstanding are the boathouse,the driveway,which is the reason for the variance request since the driveway constitutes about two-thirds of the total hardcover. Zimmerman indicated he would prefer to narrow the driveway in order to make the proposed hardcover neutral with what is there today but that he understand the fire department would prefer to keep the driveway as is and he would be amenable to that if that is the direction of the Planning Commission. Zimmerman stated in his view Options 1 and 2 presented at the second Planning Commission meeting met the direction provided by the Planning Commission following the detailed discussion at the August meeting, as neither plan adds hardcover toward the point and both employ a reduced roofline as requested. Zimmerman displayed a number of photographs of his property and the other houses in his neighborhood from the lake. Zimmerman noted the area where they are proposing to add the addition is very well screened and is not visible for the majority of the neighbors. Zimmerman reiterated his goal is to create a plan that would protect and help preserve the lake as well as conform with the rest of the neighborhood. Chair Kempf opened the public hearing at 6:18 p.m. PAGE 3 MINUTES OF THE ORONO PLAl�TNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3305 Lake Country Builders,Inc., Continued) Dick Ogle,2771 Shadywood Road,indicated he spoke with the applicant approximately two months ago and has viewed the applicant's lot with his wife. The project seems to be a good idea and he is interested in improving the appearance of the lot. Ogle indicated they are totally in favor of the project. Richard Gay,2735 Shadywood Road, stated basically the view they have of the property is the most glaring of any of the neighbors that have a view of Mr.Zimmerman's house and that their view is not negatively impacted by what is being proposed. Gay stated as far as the impact on the neighbors,the fact that this property is well screened,there would be very little impact to them and that the project will improve the overall appearance of the property and generate additional tax dollars for the City. Gay expressed surprise that the Planning Commission was not totally in support of the project at the last Planning Commission meeting and encouraged the Commission to approve Mr.Zimmerman's application. Chair Kempf closed the public hearing at 6:22 p.m. Kempf stated one of the issues that should be discussed is the following language contained in the Planner's Report,which says: "Procedurally speaking, it would be correct to make the assumption since the applicant followed the direction given by the majority of the Commissioners at the August meeting, as long as that direction was followed,the Planning Commission would move it on to the Council with an approval recommendation. This did not happen. While there is no legal obligation for the second group of Commissioners to honor the direction given by the first group of Commissioners, Staff would encourage follow through for not only the sake of consistency but in order to give applicants a fair and predictable process. This particular process so far appears arbitrary. Staff would encourage the Commission to discuss this application in light of what has transpired procedurally and make a reasonable recommendation to the Council." Zullo stated she appreciates a couple of the neighbors being in attendance at tonight's meeting and aclrnowledged that the property is well screened. Zullo noted the issue that has to be considered by the Planning Commission is the amount of hardcover on the property regardless of the amount of screening. In looking at the property,the hardcover is currently at 24 percent and is being put to reasonable use. Zimmerman stated as long as the driveway exists and the fire department requires it to be in that location,they are limited in how they can develop this property. Zullo stated the applicant did purchase the property with the driveway akeady in existence and that he was aware of the limitations of the property. Zimmerman noted they are not increasing the overall hardcover on the lot. Curtis stated the applicants are proposing to reduce the driveway by approximately 1,000 square feet, which,to her knowledge, still leaves the driveway at a width of 14 to 15 feet. Zimmerman stated they have not heard back from the fire department on their proposed changes. Zimmerman stated he is unsure whether there is a law that requires him to have the driveway at 14 feet and that they would like to make the changes to reduce the hardcover on the lot. PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3305 Lake Country Builders,Inc.,Continued) Zullo commented that she would like to hear from the fire deparhnent on the driveway issue before a decision is made on the application. Curtis inquired whether the proposed driveway would be 14 feet wide. Graton stated the driveway as presented tonight is not 14 feet wide and they are proposing to reduce it to 10 feet in width. Curtis stated she also is not sure whether there is a law requiring the driveway to be 14 feet wide as requested by the fire department but that Staff could fmd that information out. Curtis stated the proposed hardcover by the applicant at 24.3 percent is with the driveway being reduced to approximately ten feet in width. Graton stated he understands the City of Orono does not allow for a reduction in hardcover by using pervious materials but questioned whether they could substitute pervious materials for a portion of the driveway to help with the hardcover. Graton stated to his understanding the reason the City does not recommend pervious materials is that over time they tend to clog up. Curtis stated that is correct. Gaffron stated there is a yard in Stone Bay that is underlaid with a grid and a base that would allow fire truck access across a boulevard that is 20 or 30 feet in length. Zimmerman commented that it sounds like there is a solution that could be implemented and that he is happy to incorporate that option. Curtis stated if Staff were to consider that type of solution, Staff would require that that portion of the driveway not be driven on except in the event of an emergency. Zullo asked if half the circled driveway would be closed off,whether the applicant would still have accessto his garage. Zimmerman stated he would. Graton noted that grid was proposed in one of their earlier plans. Gaffron stated the City has not considered any of these pervious systems as nonhardcover, and until City policy changes,the Planning Commission would still be looking at granting a hardcover variance. Kroeger inquired whether that would also include the grid. Gaffron indicated it would. Kroeger inquired whether the deck would equal the size of the existing pergola. Zimmerman indicated it would. PAGE 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 15,2007 6:00 o'clock p.m. (#07-3305 Lake Country Builders,Inc.,Continued) Kroeger asked if the driveway remains at 14 feet in width,what the hardcover would be. Graton stated the existing driveway is 4,360 square feet and the proposed is 3,344 square feet. Curtis indicated she would need to calculate the amount of hardcover with the driveway at 14 feet. Kang commented she has a concern if the hardcover in the 0-75 foot zone increases. Kang indicated she would like to hear what the recommendation of the fire department is on the driveway but that she would prefer to see the driveway reduced if at all possible. Kempf stated it is unfortunate that the Planning Commission was not in full agreement at the last meeting but that there is no guarantee that every commissioner will feel the same way as other commissioners. Kempf stated when they look at the current situation in terms of hardcover,there are two issues that should be considered. One is that this is a hardship lot and there is no place to construct outside of the 0-75 foot zone. Two, at the time the applicant was proposing the hardcover remain at 24 percent,that seemed to be pretty reasonable but that the driveway hardcover issue is something that needs to be resolved. Curtis stated with the existing driveway and proposed improvements,the hardcover would be at 26.9 percent for the 0-75 foot zone, for an increase of 2.9 percent. Zullo concurred that the lot is limited in its buildable space but pointed out that the applicant is proposing to decrease the setbacks even further. Zullo noted the property is currently being put to a reasonable use. Zimmerman stated they are very limited in their options and that reasonable use is an arbitrary term. Given the fact that the house was originally constructed in the 1950's,there comes a point when what currently exists is not reasonable based upon changes in the neighborhood. Kempf commented this is a unique lot and probably has signi�cant value because it is located on a point. Kempf stated reasonable use for this lot versus a typical lot is that in his view a more valuable type of house belongs on this lot. Zullo stated based on the special aspects of the lot,what currently exists is reasonable and that the Planning Commission should take this application to a vote. Winer stated E�chibit H states that the entire property is a peninsula and that the Planning Commission established at its August meeting that the lot is a hardship lot and that it is not Mr.Zimmerman's choice to have the driveway as it currently exists. Winer noted the applicant is below the City's height requirements and that the applicant is attempting to improve the runoff situation by incorporating a rain garden into his plans. Kroeger asked whether the house was constructed in 1991. PAGE 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3305 Lake Country Builders,Inc.,Continued) Zimmerman stated there was a master bedroom that was added in 1991. Kempf noted the proposed structural coverage for the lot is 13.6 percent,which is below the allowable limit. Kempf indicated he would prefer to reduce the hardcover back down to 24 percent. Zimmerman stated if they are unable to reduce the driveway,it would be very difficult to reduce the proposed hardcover. Curtis noted only 275 square feet of the property is located within the 75-250 foot zone. Zimmerman indicated two-thirds of the hardcover consists of the driveway. Zimmerman stated he would like to keep the amount of hardcover at what currently exists but that he is limited in reducing the hardcover due to the driveway. Winer moved,Kroeger seconded,to recommend approval of Application#07-3305,Lake Country Builders on behalf of James Zimmerman,2745 Shadywood Road,granting of a lake setback variance,subject to the hardcover remaining at 24.3 percent and subject to the driveway conforming to the recommendation of the fire marshal. VOTE: Ayes 5,Nays 1,Zullo Opposed. Zullo indicated she is not in favor of the application because the structure is being moved closer to the lake by 3.5 to 4 feet. NEW BUSINESS 6. #07-3317 DAN HESSBURG WITH HESSBURG HOMES,774 TONKAWA ROAD, AFTER-THE-FACT VARIANCE,6:55 P.M.—7:08 P.M. Dan Hessburg,Applicant,was present. Curtis stated the applicant is requesting the following after-the-fact approvals in conjunction with a newly constructed home: 1. Hardcover variance to permit 303 percent existing hardcover within the 75-250 foot zone where 27.2 percent was previously approved. 2. Hardcover variance and conditional use pernut for grading within the 0-75 foot zone to construct an in-grade stair system with walls consisting of 360 square feet of hardcover where 270 square feet was previously approved and existing. In 2005,the applicant submitted plans and worked through the variance review process,revising plans in response to Planning Commission concerns. Based on a specific set of building plans and site plan which Planning Commission and Council found acceptable, lot area and lot width variances for house were granted in addition to a hardcover variance within the 0-75 foot zone to allow 360 square feet of hardcover where 270 square feet was previously approved within the 75-250 foot zone permitting 27.2 percent hardcover where 25 percent is normally allowed for the new residence. PAGE 7 A MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3317 Dan Hessburg,Continued) Last fall during the inspection process, Orono's building inspector noted that the site grading and hardcover did not match the approved grading plan and the hardcover exceeded approved levels. Additionally,the applicant conduced grading within the 0-75 foot zone to construct an unpermitted lake access stair. Today's as-built survey reflects excesses in hardcover within the 0-75 foot zone,the 75-250 foot zone, and the 250-500 foot zones. Within the 0-75 foot zone where an existing wooden staircase was, a new staircase and retaining walls have been constructed, which adds to the hardcover. Hardcover within the 0-75 foot zone is now at 6.8 percent and 30.3 percent hardcover within the 75-250 foot zone. The applicant altered the approved grading plan by conducting unpermitted grading,installing unpermitted boulder retaining walls, and installing an unpermitted underground drain tile system. The City's Engineer has reviewed the plans submitted after-the-fact by the applicant's landscape contractor regarding the drain tile system. In addition,the applicant has installed downspouts that drain to the underground drain tile system, which prevents the excess water from draining off of the roof and across the site. However, any proposed excesses in hardcover or significant changes to an approved plan should�rst be discussed with the Planning Commission and consideration should be given to City Council approved plans. Staff is asking the Planning Commission for a determination on whether there should be hardcover reductions required in an effort to be consistent with the previously approved variance for the lot or whether the applicant has provided the minimal hardcover necessary in order to mitigate the discrepancies in the survey and the house plans. The Planning Commission may, if they determine the changes made to the site plan by the applicant are reasonable, forward a recommendation for approval to the City Council. Should the Planning Commission feel that there are areas for hardcover reduction, the applicant should be given very specific direction. Hessburg stated at the time the original plan was submitted,the actual proposed house came within one inch of the walkout level and two inches of the garage. What was unforeseen was the neighbor on the easterly side had approximatelyl2 full-grown pine trees and they were unable to grade the lot as originally designed so a boulder wall was constructed in an effort to preserve those trees and complete the final grading. Hessburg stated he has removed the boulder wall and the landings and put the grade back to what it was originally. Approximately 300 feet of four-inch drain tile was installed to help with the runof£ The engineer has written a letter to the City stating that the drain tile exceeds what the City requires. He was requested by the engineer to install two more clean-outs and two more pop-outs,which has been completed, and he has regraded the whole front yard in conformance with the recommendations of the City Engineer. Hessburg stated the last city engineer to view the property has indicated that the property is acceptable and that he was told he should apply for an after-the-fact variance. Chair Kempf opened the public hearing at 7:02 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 7:02 p.m. PAGE 8 MINUTES OF THE ORONO PLANNING COIVIMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3317 Dan Hessburg,Continued) Kroeger inquired who the engineers were. Hessburg stated they were engineers from the City and that he has completed the work that the engineers requested. Curtis stated the engineers did not have the benefit of a plan depicting the drain tile and there is a requirement that the as-built depicting that be provided. Hessburg stated he has provided that information to the city engineer and the city. Curtis stated the information has to be put on the as-built survey. Curtis suggested the applicant's surveyor contact Staff for clarification on that issue. Hessburg stated it has been put on there. Kempf recommended that the incorporation of the drain tile system onto the as-built survey be made a condition of approval. Hessburg commented he has installed a very unique tiling system in every house they have constructed over the years which allows over 80 percent of the runoff to go into the tile system and that they do it automatically on every house they construct. Kempf noted in the future the City should be told what the builder is doing prior to the work being commenced. Kroeger stated he did visit the site today. Kroeger asked what the width of the stairs is going down to the dock. Hessburg stated the stairway was 4.5 feet wide in the landing areas but that they have removed the landings and the boulder wall in accordance with the request of the city engineer. Kempf moved,Winer seconded,to recommend approval of Application#07-3317,Dan Hessburg with Hessburg Homes,774 Tonkawa Road,granting of an after-the-fact variance, subject to the drain tile system being incorporated onto the as-built survey. VOTE: Ayes 6,Nays 0. *7. #07-3320 MARK GRONBERG ON BEHALF OF LUCINDA CHORLEY AND THE ESTATE OF WILLIAM L.WALDRON, 1860 AND 1880 FOX STREET, SUBDIVISION Kroger moved,Zullo seconded,to recommend approval of Application#07-3320,Mark Gronberg on behalf of Lucinda Chorley and the Estate of William L.Waldron, 1860 and 1880 Fox Street, granting of the re-plat in accordance with the recommendations of the City Engineers. VOTE: Ayes 5,Nays 0. PAGE 9 MINUTES OF TI� ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. 8. #07-3322 ROBERT AND JORDANNA WILLIAMS,845 WILLOW DRIVE SOUTH, VARIANCE,7:08 P.M.—7:22 P.M. Robert Williams and Jordanna Williams,Applicants,were present. Curtis stated the applicant is requesting variances from the required 50 feet wetland buffer and a 20-foot buffer setback as well as the front yard setback in order to construct a detached workshop building and a connection between the existing garage and the house. The subject property is a sliver of land located adjacent to the north basin of French Lake,which is a large wetland body. This area is included in the Shoreland Overlay District and is subject to hardcover restrictions. There is no lake setback impacting the property and the"Preserve"wetland classification will require a 50 foot buffer and a 20 foot buffer setback from the wetland boundary. Currently there is a home, detached garage and two sheds on the property. The property owners would like to remove one of the existing sheds located within the wetland boundary and construct a new 30' x 30' detached workshop building. A proposal to construct a two-story connection between the existing house and detached garage is also included. Wetland buffer setbacks and front yard setbacks overlap requiring a variance for any improvement of this property. Planning Staff recommends approval of the setback variances as requested in accordance with any forthcoming comments from John Smyth. Prior to City Council review,the applicants should comply with the City Engineer's requirements attached as Exhibit F. Curtis noted there is an area on the site where the workshop could be constructed without variances but would require a significant amount of tree and vegetation removals. The area where the applicants have proposed the building does have screening from Willow Drive but would be located close to the edge of the wetland. Staff would request that the exact distance from the wetland to the building be confirmed by the applicant's engineer prior to the City Council meeting. In addition,the City Engineer recommends that the applicants enter into an agreement with the City similar to the conservation easement and buffer management plan to protect the buffer vegetation that is on site and to enhance the vegetation in the event the variances are granted. Staff recommends that the Planning Commission discuss whether locating the structure closer to Willow Drive would be better than a four to ten foot setback from the wetland and whether that would impact any of the vegetative screening that currently exists on the property. The Planning Commission should also decide whether restrictions and covenants should be applied over the existing wooded areas to ensure that trees are not removed in the future. Staff recommends approval of the setback variances as requested in accordance with any forthcoming comments from John Smyth. Prior to City Council review,the applicants should comply with the City Engineer's requirements attached as Exhibit F. Additionally, Staff recommends that the property,which is technically two separate lots,be combined prior to the issuance of any building permits. Williams stated are flexible with what their plan and that they like the recommendation to construct the building in the location suggested by John Smyth. Williams indicated they would like to maintain the trees as much as possible. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3322 Robert and Jordanna Williams, Continued) Zullo asked whether this is a separate building that would be located closer to Willow Drive. Williams stated it is. Zullo asked how the building would be constructed. Williams stated there would be a foundation wall and slab and then a wood frame structure. Zullo inquired whether the same exterior building materials as the house would be utilized. Williams stated they would like it to be as similar to the house as possible. Kempf stated the applicant had mentioned to Staff the possibility of constructing a narrower building to reduce the encroachment into the wetland. Williams stated ideally,to have the least amount of impact of the wetland,it should be moved back 15 feet and be narrowed down slightly from 30 feet to 25 feet. Zullo inquired whether there would be plumbing in the building. Williams stated there would not be plumbing in the structure. Curtis stated the applicant would be allowed a sink under City Code but that anything in addition to that would require a conditional use permit. Kempf asked whether the garage door should be reduced. Curtis stated it should be eight feet wide. An overhead door in excess of eight feet in width would accommodate a vehicle, and if a vehicle would be accessing the building,hardcover would be required. Williams indicated he is fine with the eight-foot door. Williams asked whether there is a height restriction on the eight-foot door. Curtis stated there is not. Kempf noted the lots would need to be combined prior to the issuance of any building permit and that there would be a connection to city sewer. Kempf inquired whether wetland averaging would be applicable in this case. Curtis stated if the wetland ordinance were triggered by the amount of earth movement,which is not the case in this application,wetland averaging would come into play. John Smyth is recommending that the City employ some of the tools that are available in the wetland ordinance because a variance is being requested. Wetland average would apply to the existing structure because the existing structure is within the 50-foot buffer. If there were available land to do so, Staff would ask that the square footage PAGE 11 MINUTES OF THE ORONO PLANIVING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3323 Structures Unlimited on behalf of Judson Champlin,Continued) Langhans stated the property owners are willing to work with the City as much as possible. Winer suggested some rock also be incorporated on the exterior of the house to help break up the appearance of the house. Langhans stated the exterior would incorporate other materials to help make the house more attractive. Turner suggested some landscaping be provided to help screen the lower level. Langhans indicated they would be willing to work with Staff on the screening prior to the city council meeting. Winer moved,Kempf seconded,to recommend approval of Application#07-3323, Structures Unlimited on behalf of Judson and Aleya Champlin,210 Big Island,granting of lakeshore setback and hardcover variances,subject to a landscape plan and a revised 10:12 roofline being submitted to Staff for their review and approval prior to this application proceeding to the City Council. VOTE: Ayes 6,Nays 0. PLANNING COMMISSION COMMENTS 10. REPORT OF PLANIVING COMNIISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS SEPTEMBER 24,2007,AND OCTOBER 8,2007 Turner stated they approved the Kingdom Hall application at the September 24`�'meeting. Curtis stated the Ebertz application was approved subject to the removal of the shed. Zullo reported on the October 8`"City Council meeting,noting that Staff was directed to draft an approval resolution for Central Bank. Zullo stated the applicants on the Central Bank application did add more green space along the perimeter of the lot. 11. OTHER ISSUES FOR DISCUSSION None 12. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON OCTOBER 22,2007,AND NOVEMBER 13,2007 October 22,2007—Kempf November 13, 2007—Schwingler PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3323 Structures Unlimited on Behalf of Judson Champlin, Continued) Langhans stated given the work on the septic system, if the house were built on the hill,it would be even more prominent. Winer stated on the south elevation,it appears the peak is 32 feet from top to bottom and that it appears to be a 12:12 pitch. The surveyor's certificate shows the grade at the front of the deck is at 934' on the survey and at the midway point it is 938',with the back of the house being at 944'. Langhans concurred the lot is rather steep. Winer stated she would like to lrnow the distance from the deck. Turner requested Mr.Langhans measure from the deck to the peak using the southeast elevation. Langhans stated from the surface of the deck,it would be 25 feet to the peak. Turner stated you would need to add eight feet to that number to account for the space between the deck and the ground. Langhans stated existing is 13 feet from the surface of the deck to the peak and they would be adding 12 feet. Winer questioned whether the building could be made wider rather than so tall. Turner stated it might be possible to make the roof flatter. Winer stated she would like to see the roof made flatter if at all possible. Zullo indicated she would also like to see the roof flatter given the closeness of the structure to the lake. Langhans stated he attempted to make the structure look like a chalet and that he could go to a 10:12 roof,which would result in a loss of attic space. Langhans noted the side walls in the second story are only three feet now. Winer asked whether the owners would be willing to consider one large dormer rather than three dormers. Langhans stated it is not possible to construct it with one large dormer as he would be using attic trusses on top of the existing structure. The dormers are sized to give them three equal sized dormers and provide some living space. Langhans stated he is limited to a maximum width of eight feet for the dormers. Kroeger stated in his view dormers help to break up the roofline. Kempf stated he would like to see some type of significant screening plan that could be presented to the City Council. PAGE 14 MINUTES OF THE ORONO PLANIVING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3323 Structures Unlimited on Behalf of Judson Champlin,Continued) height and the applicants are proposing 48 inches. The City Engineer has determined that the retaining wall should be constructed at 48 inches in height. Planning Staff recommends approval of the retaining wall height and location and approval of the other variances with conditions if the Planning Commission determines it appropriate to grant them. In addition,Planning Staff would like the Planning Commission to consider whether there are ways to mitigate the visual and water quality impacts of the variances. For structural reasons the entire structure should be on the same type of foundation. Staff does not have a position on the foundation type variance. The reasons for requiring a perimeter foundation are unclear and only in the recreational season district are perimeter foundations required. Both types of foundation have frost footings. Ross Langhans stated the applicants would like to add some space to accommodate their family. Langhans noted he did work with Staff on upgrading the septic system and that as a result of the work on the septic system, a retaining work is required and they will be submitting the required engineering for the retaining wall. Langhans indicated there were also a large number of trees that were removed in conjunction with the septic system work and the owners would like to retain as many remaining trees as possible. Langhans commented the lot has been cleaned up except for natural debris. Chair Kempf opened the public hearing at 7:34 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 7:34 p.m. Kempf asked how high the roof would be. Langhans stated it would be approximately 31 to 32 feet to the peak. Langhans indicated attic trusses would be utilized to help achieve the look of a chalet and to provide some attic space. Kempf commented that the building is located in the 0-75 foot zone and that this project would make it even more prominent from the lake. Kempf stated it is unfortunate this house cannot be pushed further back on the lot and that his recommendation would be to require a fair amount of screening. Langhans indicated the homeowner is willing to work with the City. Turner noted the ordinance requiring the upgrade to the septic system at the point of sale would not go into effect into January 1,2008. Langhans commented he has spent a considerable amount of time designing an attractive structure rather than adding a second story to the structure. Kempf stated if this were a building starting from scratch,the structure would not be nearly as high and it would be pushed back into the hill away from the lakeside. In looking at the photograph,it appears it would be less prominent from the lake if it were pushed further back from the lakeside. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 6:00 o'clock p.m. (#07-3322 Robert and Jordanna Williams, Continued) that was not allowed to be buffered due to the home's square footage be made up elsewhere. Staff feels appropriate language can be drafted to meet the recommendations of the city engineer. Kroeger stated the compromise would be five feet closer to the road, 15 feet further away from the wetland buffer, and a narrower structure. Kroeger whether Staff has incorporated any of the provisions of the wetland ordinance. Curtis stated as of the drafting of the Planner's Report,John Smyth had not yet reviewed the property and that prior to the City Council meeting, Staff would work with the City Engineer and have something in place concerning that. Chair Kempf opened the public hearing at 7:20 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 7:20 p.m. Kroeger moved,Schwingler seconded,to recommend approval of Application#07-3322,Robert and Jordana Williams,845 Willow Drive South,subject to the incorporation of the city engineer's recommendations and subject to combining the two lots. VOTE: Ayes 6,Nays 0. 9. #07-3323 STRUCTURES UNLIMITED ON BEIiALF OF JUDSON AND ALEYA CHAMPLIN,210 BIG ISLAND,VARIANCE,7:22 P.M.—7:52 P.M. Ross Langhans with Structures Unlimited,Inc.,was present. Turner stated the applicant is requesting lakeshore setback and hardcover variances to construct an addition to the rear of the existing seasonal swelling as well as add a second story to it. A foundation type variance is requested to allow the addition to be consiructed on post footings rather than a perimeter foundation. Retaining wall height,location,and hardcover variances are also requested. The existing seasonal dwelling on the property was constructed in 1968. It is a 702 square foot cabin on a post foundation with a 312 square foot lakeside deck. At the lake side the floor is about seven feet above grade. At the rear the floor is roughly at grade. The crawl space under the cabin is enclosed. The entire structure is within the 75-foot setback. The deck is 35 feet from the lake at one corner and 33.8 feet at the other. The dwelling is legal non-conforming. State statutes would allow the cabin to be totally reconstructed in its current form with a perimeter foundation or a post foundation. A variance would be required to convert the crawl space to living space between it would be an expansion of the use and the cabin would need to be raised several feet to provide adequate ceiling height. A septic system has recently been installed and some additional grading and construction of a retaining wall is necessary. Retaining walls in the seasonal recreational district are restricted to 42 inches in PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 15,2007 � 6:00 o'clock p.m. ADJOURNMENT Winer moved,Zullo seconded,to adjourn the Orono Planning Commission meeting at 8:02 p.m. VOTE: Ayes 6,Nays 0. � , T� p}i Kempf, a r PAGE 16