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HomeMy WebLinkAbout07/17/2006 Planning Commission Minutes MINUTES OF THE ORONO PLANNING CONIlVIISSION Monday,July 17,2006 6:00 o'clock p.m. ROLL � The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Cynthia Bremer,Commissioners Ralph Kempf,Roland Jurgens,Dick Kroeger,and . Alternate Janice Berg. Representing Staff were Planning Director Mike Gaffron,Planners Melanie Curtis and Evelyn Turner,and Recorder Jackie Young. Council Member Jim Murphy was present. ' Acting Chair Bremer called the meeting to order at 6:02 p.m: CONSENT � Item Nos. 5, 7, 9 and 13 were added to the Consent Agenda. � Bremer opened the public hearing for Applications#OS-3147,#06-3209,#06-3213, and#06-3218 at 6:03 p.m. There were no public comments regarding these applications. Bremer closed the public hearing at 6:04 p.m. � Bremer moved,Kroeger seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. ' OLD BUSINESS 1. #OS-3102 STONEWOOD DESIGN BUILD,920 BROWN ROAD SOUTH,VARIANCE REVISIONS,6:05 P.M.—6:21 P.M. Sven Gustafson, Stonewood Design Build, and Wendy Boettenberg,Landscape Architect. Gaffron stated the applicant is requesting a review at Staff's request and Council direction. Lot area,lot width,and left and right side setback variances were granted for the property in 2005. Since that time,the original buyer for the property elected to sell the property and a new buyer was found. The new property owner wanted a different design and the plan was revised which has resulted in a further encroachment into the side:setback than what was originally approved and a different location for those encroachments. Council reviewed the application at its June 26 meeting and recommended,due to the revisions,that the Planning Commission review this application once again. Gaffron stated while the revised plan meets the 20-foot setback,it has a greater encroachment of the side setback than the house plan that was approved and a different location for those encroachments. The applicant is requesting approval of the revised site plan. PAGE 1 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#05-3102 Stonewood Design Build,Continued) Gustafson stated they have recently submitted some colored drawings for review by the Planning Commission,with the items highlighted in green being the items they would like approval on. Gustafson stated they attempted to angle the garage as recommended by the Planning Commission. Gustafson noted the neighbors are in attendance at tonight's meeting and are in support of the project. Bremer opened the public hearing at 6:08 p.m. Shantelle Sumner,�930 Brown Road,indicated they are totally in favor of the new house plan and feel that � the home would help to improve the value of the homes in the neighborhood. Bremer inquired whether the applicant has reviewed the plans that have been submitted tonight. Sumner stated she has not reviewed what was submitted tonight. Gustafson stated the angled garage does not affect this neighborhood. David Skeie, 860 Brown Road, stated they were in favor of the original project and have since reviewed the new plans and are in favor of the project. Bremer closed the public hearing at 6:10 p.m. Kempf inquired whether the only difference is the angled garage on the alternate plan. Gustafson stated it is. Gustafson pointed out the difference in the massing between the two designs, noting that the latest proposal is lesser in height. Bremer inquired what plan the applicants would like to have approved. Gustafson stated the property owner has not had a chance to review the alternate plan with the angled garage. Bremer commented she personally does not have a problem with the application. Kroeger stated he does not see any benefit to the alternate plan since it is the same amount of encroachment as the original plan. Bremer stated her recollection of the concern expressed previously was the length of the structure. Gustafson stated the concern at the previous Planning Commission dealt with the long wall,which has since been modified to have a jog and a short stone wall. PAGE 2 ` MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#OS-3102 Stonewood Design Build,Continued) Kempf stated he would like to see the alternate design approved. Kempf indicated the encroachment was a significant issue to him at the time of the original proposal and still remains a significant issue. Kempf stated he would be in favor of the alternate proposal. Jurgens stated he prefers the garage being angled since it lessens the encroachment but that the deck and porch are areas of concern. Jurgens inquired whether there is a 30-foot setback in the area of the deck. Gaffron stated there is. Jurgens commented that it might be necessary to reduce the deck and porch to lessen the encroachment. Bremer inquired whether the Planning Commission would be wasting their time approving the alternate plan if the property owner has not seen the design. Gustafson stated in his opinion the property owner will probably be okay with the angled garage. Bremer stated the Planning Commission could table the application to allow the property owner to view the plans. Gustafson stated they would prefer to go forward with the application. Bremer moved,Kempf seconded,Application#06-3102,Stonewood Design Build,920 Brown Road South,to recommend approval of the alternate plan that was submitted this evening depicting an angled garage,which is more in line with the original application that was approved. Bremer noted an important aspect of her approval is that both of the neighbors have indicated their support _ VOTE: Ayes 4,Nays 1,Jurgens opposed. Jurgens stated he prefers the angled garage but is opposed to the increase of hardcover in the northeast corner since a hardship has not been demonstrated. PAGE 3 MINUTES OF TFIE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. 2. #06-3184 PAITL THOMAS HOMES ON BEHALF OF MAUREEN A.BRECKMAN,2695 CASCO POINT ROAD,6:21 P.M.—6:27 P.M. Paul Vogstrom,Paul Thomas Homes,was present. Curtis stated this application was tabled at the May and June meetings in order for the applicant to work . with staff to achieve an appropriate storm water management and grading plan. The City Engineer's comments are attached as Exhibit B,which reflects that the majority of the issues raised by the City Engineer have been adequately addressed by the applicant. Planning Staff recommends approval of the lot width and lot area variances and some level of hardcover variance within the 75-250 foot zone as the Planning Commission determines appropriate. The finishing "touch ups"to the grading plan requested in the City Engineer's memo can be revised and approved prior � to placement on the Council agenda. Vogstrom stated he has received the City Engineer's memo and the remaining items have been addressed. Bremer opened the public hearing at 6:21 p.m. � A.Lawrence Kane,2697 Casco Point Road, stated he is interested in the drainage�system that is involved in the project since the water drains to the south towards his property. Kane indicated he has been told that the runoff is supposedly going to be taken care of with a swale. Curtis stated the swale was revised to alleviate the problems that the City Engineer had noted in his comments and that the water would drain to the catch basin. In addition, some selective minimal grading would be done to direct some water toward the lake per discussion with the City Engineer. Jurgens inquired whether the grade would remain the same following the work and whether a berm would be constructed. • Vogstrom stated it is basically 941 feet at the property line and that they would go up to 942 feet at the house,with a slight dip in between. Bremer noted the City Engineer has reviewed the plans and feels that the drainage is appropriate for this site. ; Bremer closed the public hearing at 6:24 p.m. Kroeger inquired whether the hardcover has been reduced. Vogstrom stated the hardcover was reduced previously and reviewed at the last meeting. The application was tabled to allow the City Engineer time to review the plans. Bremer inquired whether the hardcover being approved tonight would be 30.6 percent. PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION , Monday,July 17,2006 6:00 o'clock p.m. (#06-3184 Maureen Breckman,Continued) Curtis stated it is. ' Bremer commented in her opinion the end result of all the work done on this application is good. Kempf moved,Kroeger seconded,to recommend approval of Application#06-3184,Paul Thomas Homes on behalf of Maureen A.Breckman,2695 Casco Point Road,granting of a lot width and lot area variances and granting of a hardcover variance. VOTE: Ayes 5,Nays 0. 3. #06-3206 KEN AND LORIJEAN ANDERSON,4225 FOREST LAKE DRIVE,VARIANCE Ken and LoriJean Anderson,Applicants,and Jeff Danbury,Builder,were present. Turner stated this application was tabled to allow the applicants time to consider their options concerning reduction of hardcover. Turner illustrated Plan A,which consists of the second story plus the garage addition with the removal of a portion of the deck. This would result in a 1,092 square foot reduction in hardcover within the 0-75 foot zone and a 261 square foot reduction in hardcover within the 75-250 foot zone. The net reduction in structural lot coverage would be 24 square feet. Plan A includes nearly all of Staff's recommended reductions in hardcover except the further reduction of the deck. Plan B consists of the second story only with no change to the deck or garage. This would result in a 589 square foot reduction in hardcover within the 0-75 foot zone and a 264 square foot reduction in hardcover within the 75-250 foot zone. There would be no change in lot coverage. Planning Staff recommends approval of Plan B with reduction in the size of the deck. Bremer inquired what plan the applicants prefer. Mr. Anderson stated they prefer Plan A. Bremer opened the public hearing at 6:30 p.m. There were no public comments regarding this application. Bremer closed the public hearing at 6:30 p.m. Bremer stated she understands why the applicants would like to retain the deck and that she personally prefers Plan A given the vacant lot next door. Bremer commented she also likes the deck reduced ` PAGE 5 MINiJTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 , 6:00 o'clock p.m. (#06-3206 Ken and LoriJean Anderson, Continued) somewhat given the amount of storage space being gained with the larger garage but that she would like to see a further reduction in the deck. Kempf stated given the common area next door,the corner of the garage does not particularly offend him but that the deck could be further reduced. Bremer inquired what the dimension of the deck is on Plan A. Mr.Anderson stated to his knowledge it is approximately a five-foot reduction. Bremer pointed out even with the reduction it would still leave a 25-foot deck {including the part under the roof}. Bremer noted the applicants did not originally construct the deck and that there is no record of a permit being granted for the deck. Bremer stated she would like to see a further reduction of four feet from the deck. ' Mrs.Anderson stated the view from the lake of the deck would not change if the deck were reduced even further. The deck is utilized to store items used at the lake and is not visible to the neighbors. Bremer stated normally people are not allowed any structure within 75 feet of the lake due to massing, visual impact, drainage,as well as other issues. Kempf stated the hardcover for the deck becomes more significant given the close proximity to the lake. Kempf stated a 15-foot deck in the 0-75 foot zone is more than most people would get and that he would like to see the deck reduced to 15 feet. Bremer inquired what Staff is recommending for a reduction in the deck. Turner stated Staff is recommending the deck be reduced to 12 feet by 36 feet,with 7 feet of the 12 feet being located under the roof. Danbury inquired whether the 15 feet would include the 7 feet under the overhang. Kempf stated it would and noted the deck is south facing. Jurgens concurred that 15 feet is sufficient and that the whole purpose of having this zoning code is to protect the lake by limiting the amount of hardcover close to the shoreline. Bremer inquired whether the Planning Commissioners are in agreement on the garage. Kempf and Kroeger indicated they are not opposed to the garage. Jurgens pointed out the garage does increase structural coverage slightly. PAGE 6 MINUTES OF THE ORONO PLANNING COA�IlVIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3206 Ken and LoriJean Anderson,Continued) Kroeger stated he would like to see the deck reduced to what Staff is proposing. Danbury commented they are not building a new deck but requiring him to remove a portion of the existing deck. Bremer stated the Planning Commission is a recommending body and that the City Council has the final say on the size of the deck. Danbury stated it is a likely possibility that the property owners will only remodel the house and not do the second story in order to retain the deck. Bremer moved,Kempf seconded,Application#06-3206,Ken and LoriJean Anderson,4225 Forest ' Lake Drive,recommending approval of Plan A,subject to a further reduction of the deck resulting in a ma�mum depth of 15 feet,which includes seven feet under the overhang. VOTE: Ayes 5,Nays 0. 4. #06-3208 RYAN COMPANIES US.INC.,SE CORNER OF WEST WAYZATA BOULEVARD AND OLD CRYSTAL BAY ROAD,CONDITIONAL USE PERMIT AND COMI��RCIAL SITE PLAN REVIEW,6:42 P.M.—7:45 P.M. Genevie McJilton,Mark Nordland, and Jeff Kupka of Ryan Companies and Steve Swanke from RLK � were present. Turner stated the applicant is requesting approval of the preliminary plat of a Class III subdivision of four industrial lots. Approval of the site plan and conditional use pernuts for development of the lots is also requested. This application appeaxed before the Council at their July 10 meeting and Council's primary concerns were drainage,right-of-way width for the new street,and landscaping at the northeast corner site. . Turner stated the preliminary plat provides only a 50-foot right-of-way for the street and City code requires a 70-foot right-of way. While the 32-foot wide roadway can easily be accommodated in a 50- foot right-of-way,there are additional improvements to be placed in this right-of-way. The sewer and water will be under the roadway but the gas,electric,telephone and cable lines and also possibly the sidewalk and streetlights would need to be located within the right-of-way. There would also be ten feet less green space on each side of the road with a 50-foot right-of-way. Turner stated there was disagreement regarding access points,with the applicant providing a traffic study. The City Engineer has reviewed the applicant's traffic study and is no longer recomrriending the Wayzata Boulevard be restricted. The conclusion following the traffic study is that the current driveway could be utilized and that the applicant should review the design of the access to ensure it will function properly. PAGE 7 MINUTES OF THE ORONO PLANI�IING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3208 Ryan Companies,Continued) Turner stated the driveway access from Old Crystal Bay Road would be provided with a left turn lane, with this lane continuing south to serve the new street. Council expressed concerns regarding the drainage on this site as well as the other sites within the industrial district. The City Engineer is currently reviewing the drainage study and should be completed with the study prior to the next council meeting. The applicant feels there will be no additional drainage � onto Morrie's Automotive property. The applicant is also agreeable to providing more screening along new Highway 12 and low berms and shrubbery along Old Crystal Bay Road to screen the parking lot. While the applicant is not opposed to providing additional lar�dscaping along Wayzata Boulevard,they have expressed concems about possibly having to replace it when the driveway is relocated and the parking area expanded. Turner stated there is information contained within Staff's report on the phasing of the project. Turner stated the other issue remaining is that the applicants have requested to revise the conditional use permit for outdoor storage associated with the metal building to reflect the new legal description. The location for the outside storage will not change and therefore the conditional use permit does not need to be revised and Staff requests that that portion of the application be withdrawn until it is closer to the time � that the outdoor storage will be relocated. Bremer inquired whether the Park Commission has reviewed this application. Gaffron stated the Park Commission would be reviewing this item at some point. Planning Staff recommends approval of the preliminary plat,the site plan, and the conditional use pernut for building materials with conditions. Staff recommends withdrawal of the conditional use permit � revision. Nordland inquired whether the Planning Commission would like an overview of the project again. Bremer stated if the applicant would like to give an overview for the audience,that would be fine,but requested that the applicant address the 50-foot right-of-way first. Nordland stated this is approximately an 18-acre site,with an existing 96,000 square foot block building and a single-family residence that has been converted into an o�ce. Nordland stated Ryan Companies propose to purchase the site this summer and to renovate the existing building in order to hannonize with the new buildings by next spring,with some work commencing this fall. The next phase of the project � will be construction of either the corner office/warehouse building of 40,000 square feet or the back building of 63,000 square feet. The public right-of-way will cross the property from the west to the east and will eventually connect through the eastern neighboring property and head back up to Highway 12. PAGE 8 . , MINUTES OF THE ORONO PLANNING CONIlVIISSION . Monday,July 17,2006 6:00 o'clock p.m. (#06-3208 Ryan Companies,Continued) � Nordland stated they anticipate starting construction on the first building next fall but it would be market driven depending on the demand. In 2008, second building would be constructed,with the third building being consixucted following expiration of the lease on the Butler building in 2010. Nordland indicated they generally concur with Staff's recommendation with the exception of the 70-foot road right-of-way since it is their belief that a 70-foot right-of-way is not required in this situation. Nordland stated their plan depicts 18 feet of green space on each side,which allows for plenty of room to put utilities such as cable,phone, and gas. Nordland pointed out the 18 feet of green space includes 10 feet of setback. Nordland stated the existing roadway is dictated primarily by the existing building and that they need to work off of that for the rest of the site. Nordland indicated the back building has a 120-foot depth,which is the minimum for this type of structure. They are not able to shrink the width of the building any further. Nordland stated they are depicting 118 feet of maneuvering area at the back of the building to accommodate the larger trucks. If they reduce that,they will limit the pool of possible tenants so that it will not be economically feasible to construct the building. Nordland stated the front buildings do not require as much maneuvering room and the roadway should be able to accommodate the traffic generated by this type of facility. . . , Nordland noted Morrie's Automotive has indicated they also do not have the space to provide a 70-foot right-of-way. It does not make sense to require a 70-foot right-of-way on their site if the right-of-way is to be reduced to 50 feet on the neighboring property. Nordland illustrated the landscaping plan. Bremer noted a detailed landscaping plan is required before Council review. Jurgens inquired how the 70-foot right-of-way would be a detriment to the building. Jurgens commented the 70-foot right-of-way appears it would have an impact on the parking. Jurgens stated the smaller buildings would also have loading and unloading by potentially the same size trucks as at the other building and there is not 120 feet of depth behind them. Jurgens stated the 50-foot right-of-way in his opinion is not to obtain the truck maneuverability but it is to gain the proof of parking that is required in order to have the building less as a warehouse and more as an office building. Jurgens stated he is not able to support a 50-foot right-of-way. . Jurgens inquired whether the applicants are willing to grant some type of easement that states the City has control over those areas rather than a 70-foot right-of-way. Jurgens commented the Morrie's Automotive property will be addressed at a later time and is not part of this application. He does not see a hardship to grant a variance to allow a 50-foot right-of-way. Kroeger inquired whether the parldng along the north side is necessary on both sides. PAGE 9 � MINUTES OF THE ORONO PLANTTING COMIVIISSION � Monday,July 17,2006 6:00 o'clock p.m. (#06-3208 Ryan Companies, Continued) Nordland stated it is for employees of the building and that there is limited parking for customers. Nordland stated there is a difference between the types of use of the different buildings and that there is a lesser demand for customer parking for some of the buildings. Nordland pointed out each tenant does not need straight-on conventional loading dock. For the back building,the loading court will not be striped because those tenants will need to provide access for the larger trucks. This building does not have the visibility from the roadway and will have a different type of tenant than the smaller buildings. Kroeger inquired why the parking could not be decreased to one row on the north side. � Nordland stated in order to comply with the city's requirement,they require the two rows of parking and that they would need to rethink their options regarding the parking if one row of parldng is eliminated. Bremer stated the Planning Commission should be mindful of why the City requires a 70-foot right-of- way. Bremer inquired whether the applicant would be able to accomplish what they would like to accomplish with a 60-foot right-of-way. Nordland stated they would be willing to mitigate the right-of-way issue somehow and that the parking at � the south end of the middle building could be turned into green space if they have the right to use that as proof of parking in the future. Nordland stated that would add a significant amount of green space at the entry into the industrial district. Bremer stated it sounds like the applicant is not able to provide a 60-foot right-of-way but that the extra green space would make it look like it is more than a 50-foot right-of-way for the short-term. Berg inquired whether the road is a dead end. Bremer stated it temporarily would be a dead end road. Gaffron stated the intent is that it continue eastward through Morrie's Automotive property and connect to Wayzata Boulevard along the east side of Morrie's Automotive. The exact configuration of the road has not yet been deternuned. Gaffron stated upon completion of the new highway,changes to access to Wayzata Boulevard would occur,but that at this time he is not sure what will occur. Gaffron indicated Morrie's Automotive is aware of the discussions and the implications of a 70-foot right-of-way. Gaffron indicated Morrie's Automotive would like to retain their parking and that they are questioning the need . for a 70-foot right-of-way. Gaffron stated it likely was not contemplated that a 70-foot right-of-way would be required at the time the Morrie's Automotive application was approved. Gaffron stated another issue is whether sidewalks should be required and whether they should be in the right-of-way. Gaffron indicated Kelley Parkway has a 60-foot right-of-way and a 42-foot road and because there is green space between the curb and the sidewalk,the sidewalks are located half on the right-of-way and half on private properiy. . PAGE 10 . MIlVUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3208 Ryan Companies, Continued) Bremer inquired what the purpose of a sidewalk in this area would be. Jurgens questioned where pedestrian traffic would go if it comes up Old Crystal Bay Road. He could envision this area being a connection to the commercial area in Long Lake. Kempf inquired whether the Ke11ey�Parkway sidewalks could serve this purpose. Jurgens pointed out you would have to cross Wayzata Boulevard and that the preferable way to traverse the area would be to have a sidewalk on both sides of Wayzata Boulevard. Nordland commented there are really only two properties that this road would serve. The amount of traffic on the roadway would not be significant and would be able to accommodate pedestrian traffic. Nordland stated the actual paved section of the roadway is 32 feet. Kroeger inquired whether Western Steel would utilize the road. . Nordland stated they would not and that eventually there would be joint access along the common property line. Berg inquired why a trail would be constructed through an industrial district. Kroeger stated a trail would be a benefit to employees. Gaffron stated he would like the Planning Commission to consider whether sidewalks are required, and if the Planning Commission feels that sidewalks are necessary,then the location of the sidewalks should be deternuned. Berg commented sidewalks in an industrial district are not necessary. Jurgens stated if these amenities are not required now,it is difficult to add them in the future. Berg inquired why the City would want pedestrian traffic through the industrial district. Nordland stated there is room within the 50-foot right of way for a sidewalk since there is 18 feet of green space on either side of the road. Nordland stated there could be a four-foot setback from the roadway and a four-foot sidewalk. Kroeger commented the Council and Planning Commission spent hours on the industrial ordinance and that the 70-foot right-of-way was arrived at for a good reason. . Gaffron stated the 70-foot right-of-way has been in place since the 1960s or 1970s. It is part of the � subdivision regulations,not the industrial ordinance. PAGE 11 1VIINUTES OF THE � ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3208 Ryan Companies,Continued) Nordland pointed out that a road has not yet been built within the City in a 70-foot right-of-way. Gaffron stated Kelley Parkway is a 60-foot right-of-way. Jurgens stated in his opinion a 32-foot roadway is narrow,especially if there is pedestrian traffic. . Kempf stated he would have liked to have the input of the Park Commission concerning trails in this area and that he would not be opposed to having a minimal sidewalk across this property. Kempf indicated he • does not want to encourage pedestrian/bike traffic through the industrial area but that in his opinion there would not be a significant amount of pedestrian traffic utilizing this sidewalk. Kempf stated if there is some retail on Kelley Parkway,that would be the likely place for pedestrian traffic. Kroeger noted there is McDonalds and Super America located on this side of the roadway. Bremer inquired whether the applicant is okay with delaying the revision to the conditional use permit. Nordland stated they are not opposed to that. Bremer commented it is important that the applicant have the screening for the site well diagramed on the landscape plan. Bremer inquired whether the drainage is in the process of being reviewed. Turner stated the City Engineer is reviewing the entire drainage to Kenobi Pond. Bremer stated the only part of the phasing that she is unclear about is the lease and how long the building would remain vacant prior to it being torn down. Bremer stated due to concerns with aesthetics, she would like to see the building torn down rather quickly once the lease has expired. Nordland stated that issue should be able to be worked out with staff and that they are not likely to leave that building remaining for a long time after the lease expires. Jurgens inquired what assurance the City has that the two front buildings would be constructed. Turner stated there is no guarantee that two buildings would be constructed but that there needs to be some assurance that each building will be functional. Jurgens stated he would like to see the project completed in a timely manner. Jurgens inquired whether the landscaping would be done at the beginning. Jurgens expressed concern that the project will become dragged out and that he would like to see Building D constructed first. PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION ' Monday,July 17,2006 6:00 o'clock p.m. � (#06-3208 Ryan Companies,Continued) . Bremer stated to her knowledge there is nothing that she is aware of that the City can require that certain portions of the project be completed first. Nordland stated even if only one building is constructed,it would be an improvement over what currently exists. Bremer commented she would like to see a left-hand turn lane. Swanke stated it is their understanding from the City Engineer that there is adequate width there but that they will be measuring the roadway to confirm that and will submit a striping plan. � Bremer inquired whether the applicant is okay with the encroachment agreement. Nordland stated they are fine with the agreement. , Bremer stated the only issue remaining is the 50-foot versus the 70-foot right-of-way, and that personally she feels a 50-foot right-of-way is workable on this property. Bremer stated the City likes to plan for a worse case scenario and that the Planning Commission is only a recommending body,with the City Council having the final decision on the width of the right-of-way. Kempf stated he does not have adequate lrnowledge regarding this item to comment on what should be required. � Kroeger stated he would like to see some type of compromise. � Jurgens stated he would like to see a 70-foot right-of-way since it is difficult to obtain the land afterwards. Jurgens stated the minimum right-of-way for a residential street is 60 feet and that in an industrial area you should have a wider road. Kempf commented as far as the green space mitigation idea,he would like to see the area kept green until it is needed. Bremer opened the public hearing at 7:33 p.m. There were no public comments regarding this application. Bremer closed the public hearing at 7:33 p.m. Nordland stated as you head further east,the building could be shifted slightly to have the green space closer to the road and that they would be willing to do that. � Bremer commented you would have additional green space at the point of entry if it were shifted slightly. PAGE 13 . MINUTES OF THE ORONO PLANIVING COMIVIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3208 Ryan Companies,Continued) Jurgens inquired whether the setback for the existing building to the new street is 20 feet. Nordland stated to his lrnowledge that is a side street setback and the City would have a 10-foot setback. Nordland stated the building technically could go out as far as the line depicted on the plan. Jurgens stated the right-of-way is not being limited by the existing building;it could move closer to that building. Nordland stated that would result in a change in the parking. ' Jurgens stated the existing building is not causing the problem and that he does not see a hardship to grant a variance. Bremer inquired whether the applicant meets the City's parking ordinance. Turner indicated they do meet the City's parking requirements. Bremer inquired whether it would be better to consider a parldng variance. Turner stated it is difficult to deternune the parking requirements when the tenants are unlmown. Turner asked how the parking was determined for the existing building. McJilton stated she does not remember how they calculated the parking for the existing building. Nordland stated the proposed is roughly 2.5 stalls per 1000 feet. Nordland stated generally office buildings are 5 stalls per 1000 square feet. Jurgens stated the parlcing would be decreased with the 70-foot right-of-way,which would decrease the size of the new buildings. Bremer stated in her view a parlcing variance should be considered,but that the unfortunate reality is that the parking needs are driven by the tenants. Bremer stated she has a concern if the City is over-requiring parking spaces and that is impacting the right-of-way. Jurgens stated the Planning Commission is making a lot of assumptions and attempting to accommodate a project that they do not lrnow for sure will actually happen. Jurgens commented there are a number of uses that this property could be used for. Bremer stated the intent of the code is to plan for the most intense use that the applicants are proposing. PAGE 14 ' MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3208 Ryan Companies,Continued) Jurgens stated this site does not support as much building as what is being proposed and that he would remain with requiring a 70-foot right-of-way. Bremer stated she would be willing to go with a compromise of some type and that in her view 60-feet would be su�cient and that the Park Commission should decide whether sidewalks through this district are necessary. Kroeger indicated he would concur with the 60-foot right-of-way. Bremer moved,Kroeger seconded,to recommend approval of Application#06-3208,Ryan Companies US,Inc.,SE Corner of West Wayzata Boulevard and Old Crystal Bay Road, � preliminary plat,site plan,PUD,subject to the conditions set forth in Staff s report,except there should be a 60-foot right-of-way rather than a 70-foot right-of-way,with the understanding the Applicant will withdraw the pending CUP for the outdoor storage. VOTE: Ayes 3,Nays 1, Jurgens opposed,Kempf abstained. . Jurgens stated he does not feel there is a hardship for a 60-foot right-of-way and that he is also opposed to the proposed building materials. Jurgens stated he does not want to approve building materials on a building that potentially could be the only one built. NEW BUSINESS *5. #05-3147 STEVEN AND JANNA SUNDBY,3587 NORTH SHORE DRIVE, CONDITIONAL USE PERNIIT AND VARIANCES Bremer moved,Kroeger seconded,to recommend approval of Application#OS-3147, Steven and Janna Sundby,2587 North Shore Drive,granting of a lake setback variance,a hardcover variance, and a conditional use permit to permit construction of retaining walls within 75 feet of the lakeshore,subject to Staff s recommendations. VOTE: Ayes 5,Nays 0. (Recess taken from 7:45 p.m.—7:50 p.m.) 6. #06-3180 BRUCE SCIIlVIITT ON BEHALF OF WII,LIAM ULRICH,2280 FRENCH CREEK CIRCLE,VARIANCE,7:50 P.M.—8:24 P.M. Bruce Schmitt and William Ulrich,'Applicant,were present. PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3180 William Ulrich,Continued) Gaffron stated the applicants are requesting a lakeshore setback variance to construct an addition to the existing residence, with the addition being located 110 feet from the shoreline of French Lake where a � 150-foot setback is normally required. An average lakeshore setback variance is also technically required. Gaffron stated this area is located within the MUSA District but has not been provided sewer hookup at the present time. Staff delayed this application in order to obtain the recommendations of the septic system inspector. The applicants have provided a hardship statement. Staff feels there are no significant issues remaining and that the applicant should incorporate the recommendations of the City Engineer and septic system inspector in their plans. The Planning Commission should consider whether the additional encroachment of structure into the required 150-foot setback can be supported by findings of hardship or unique circumstances related to this lot. The existing home was constructed in 1988, prior to the adoption in 1992 of the Shoreland Ordinance. The Shoreland Ordinance defined French Lake as a Natural Environxnent Lake,which requires a 150-foot setback for structures from the ordinary high water level. Staff recommends approval, subject to City Engineer and septic system inspector recommendations. Schmitt stated they doing an addition to the house but they are holding it back from the lakeside of the structure. Schmitt commented there is a debate whether this is truly a lakeshore lot but that they are trying to be sensitive to hardcover issues. Bremer inquired who owns the strip of property between this property and the lake. Gaffron stated it is an outlot and is owned by a homeowners association. Gaffron stated this lot was platted prior to the Shoreland Ordinance being in effect. Bremer opened the public hearing at 7:56 p.m. There were no public comments regarding this application. ' Bremer closed the public hearing at 7:56 p.m. Kempf commented that the status of French Lake has changed since this house was originally constructed and that he is unsure why the City has chosen to ignore the 150-foot setback from environmental lakes in PAGE 16 MINUTES OF,THE ORONO PLANNING COnZNIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3180 William Ulrich,Continued) the past. Kempf stated even if the house was constructed prior to the implementation of those rules,those rules,in his opinion, should still apply to environmental lakes. , Jurgens stated at the time a zoning code is changed,there is some hardship that can occur if there are pre-existing conditions. Jurgens stated when a significant addition is being proposed,that is a different . situation and usability of the property should be considered. Bremer stated she does not have a problem with the average lakeshore setback but that she does have a concern with the location of the house. Bremer stated the fact that this is an environmental lake and given the type of vegetation that is involved, Staff should look at this application differently. The visual impact to the neighbors is very minimal. Bremer indicated she does not have a concern with allowing an increase in the structure since it would not be out of character with the rest of the neighborhood. � Bremer questioned whether the addition needs to be as large as proposed and that some addition is appropriate given the hardship that is created with the 150-foot setback. Bremer stated she would like to table the application to allow the applicant time to design a smaller structure. Schmitt pointed out the house is located a distance from the lake and would not impact the neighbors' view of the lake in any way. � Kroeger inquired what the neighbors feel about this project. Schmitt stated the neighbors and the homeowners association have signed off on this project. Berg inquired whether hardcover or structural coverage is an issue. • Gaffron stated those are not�an issue in this application. Bremer noted the change in the City laws happened in 1992 and the house was constxucted prior to that time. Gaffron stated it is not up to Staff to determine whether there is a hardship that exists. Gaffron stated structure meets all the other standards and is consistent with the other structures in the neighborhood. Bremer stated in 1991 the applicant would have been able to construct this addition. . Gaffron suggested the Planning Commission consider the impact this addition would have on the lake,the impact on the views of the lake, and whether additional stormwater protections are necessary. Gaffron stated there is a higher standard along environmental lakes. Bremer stated the retaining walls help to address the erosion concerns and water quality. PAGE 17 MIl�TUTES OF THE � ORONO PLANIVING CONIlVIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3180 William Ulrich,Continued) 7urgens expressed a concern regarding the impact on the water,noting that there are two four-inch pipes and one eight-inch pipe that would drain into the lake rather than being mitigated elsewhere on the site. Jurgens stated if this were a new property,this addition would not be allowed. Berg recommended a rain garden be required to help filter the water. Schmitt noted they are under the allowable hardcover. Berg stated due to the size of the addition,it is reasonable for the Planning Commission to require a rain garden. • Schxnitt coxnmented there is plenty of natural vegetation in the area that helps filter the water. Jurgens stated given the size of the structure,he would also like to see some landscaping. Kempf stated in his view the size of the addition is excessive and that he would like to see a smaller addition constructed with a rain garden added. Jurgens noted the owner acquired the property in 2005 and that the properiy owner should have done � � some due diligence on what is allowed and not allowed on the properiy prior to purchase. Kroeger commented the size of the house is not out ofline with the rest of the neighborhood. , Schmitt stated the house is located virtually in some woods but that they would be agreeable to planting some additional trees on the north side of the septic site. Kroeger stated the issue is the impact on the lake and the views from the houses on the other side of the lake. Jurgens stated he would like to see some trees planted on the side of the house facing the lake. Kroeger stated he would be in favor of the size of the addition subject to the rain garden and some landscaping. Bremer commented she would like to see a smaller addition. Berg inquired what size the addition should be reduced to. Kempf stated in his view a garage stall smaller would be the minimum reduction in the size. Jurgens stated he has a difficult time saying how much the structure should be reduced by when it could _ be designed in a different way that would lessen the impact on the lake and on the views across the lake. PAGE 18 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3180 William Ulrich,Continued) Schmitt stated visually it would not appear that long since it is angled somewhat. Bremer stated the homes located across the lake from this structure would have the greatest impact. Bremer indicated the applicant has the option of having the Planning Commission vote on this application or having this application tabled to allow him time to redesign his plans. , Schmitt inquired if the Council denied this application,if it would be considered a substantial change to reduce the addition by a garage stall. Gaffron stated the application could come back before the Planning Commission if the size of the structure is reduced. Schmitt noted this application has akeady been delayed because of the septic issues. Bremer recommended a rain garden be included in the plans. Schmitt stated the neighbors are in support of this project. Bremer inquired what the applicant would like the Planning Commission to do on his application. Schmitt stated they would like to proceed forward to the City Council. Bremer moved,Jurgens seconded,Application#06-3180,Bruce Schmitt o,n behalf of William Ulrich,2280 French Creek Circle,to recommend denial of the lakeshore setback variance and to � recommend approval of the average lakeshore setback variance subject to the recommendations of the City Engineer and septic system inspector. Ayes 3,Nays 2,Berg and Kroeger opposed. � *7. #06-3209 LANDSCAPING PLUS ON BEHAI.F OF WENDY McLAUGHLIN,1180 PffiLLIPS DRIVE,CONDITIONAL USE PERNIIT � Bremer moved,Kroeger seconded,to recommend approval of Application#06-3209,Landscaping Plus on Behalf of Wendy McLaughlin, 1180 Phillips Drive,granting of a conditional use permit in accordance with the MCWD,City of Orono regulations and the City Engineer's recommendations. VOTE: Ayes 5,Nays 0. PAGE 19 1VIINUTES OF THE � ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. 8. #06-3212 HEMPEL PROPERTIES,OUTLOT A STONEBAY(NW CORNER OF WII..LOW DRIVE NORTH AND HIGHWAY 12)COMIVIERCIAL SITE PLAN REVIEW,PUD, COMPREHENSIVE PLAN AMENDMENT,8:24 P.M.—9:35 P.M. Sara Malin,Hempel Properties, and Jeff Wrede,Tushie Architects,were present. Gaffron stated the applicants are proposing a commercial retaiUoffice development on Outlot A of Stonebay. The proposal requires an amendment of the Comprehensive Plan,which was amended on June 14,2004,to allow defined levels and types of retail uses at this specific property and which the applicants hope to have revised. The application involves a PUD rezoning process and a commercial site plan review. The proposal further requires a subdivision to convert Outlot A to a buildable lot. It should be noted that the proposal does not include creating separate lots for each of the two proposed retaiUoffice buildings. ' Gaffron stated the 2000-2020 Orono Community Management Plan was amended specifically to address this site on June 13,2004,via Resolution No. 5190. That amendment expanded the allowed uses to include a limited and defined level of retail use in addi�ion to the previously guided office uses. The prior . guiding for professional office as well as limited service uses and retail uses accessory to the office use � was expanded to include the following language: This amendment to the 2000-2020 Community Management Plan re-guides Outlot A of Stonebay to additionally allow for neighborhood-scale retail uses,as an alternative to the office use for which it is currently guided. The definition of`neighborhood-scale retail uses' for Outlot A includes the following parameters which must be adhered to for any retail use developed and maintained on the property: 1. No individual buildings greater than 15,000 square feet gross floor area. 2. One building must be a pharmacy/convenience store. 3. The remaining buildings shall have no individual tenant space greater than 7,000 square feet. 4. The most westerly building on the site shall be oriented and designed in a manner that focuses on the regional pond as an amenity for customers or tenants. 5. Buildings on the site shall be oriented with a goal of providing an inviting vehicle and pedestrian entry from Kelley Parkway without creating negative visual impacts for the Stonebay residential development. . 6. Architectural design and details shall be carefully prepared by any developer of the site to ensure a high quality of design,compatible with the quality of the office buildings on Kelley Parkway, and shall be subject to City approval through the PUD process. PAGE 20 MINiJTES OF THE ORONO PLANNING COMMISSION • Monday,July 17,2006 6:00 o'clock p.m. (#06-3212 Hempel Properties,Continued) 7. Building materials shall be high quality and durable,shall be compatible with the quality of the office buildings on Kelley Parkway,and shall be subject to City approval through the PUD process. Kroeger noted that is not what is depicted on the plan distributed tonight. Wrede noted the plan was recently revised. Gaffron stated Staff has not seen the revisions but it appears that the applicant has responded to some of the concerns raised by Staff. Gaffron noted the current plan does not include a pharmacy. Malin stated they put a purchase agreement in on the property in February and that they have found that � primarily smaller retailers,such as fast casual dining, a nail salon,and other similar businesses are interested in the site. A drug store was considered but because they could not get a left turn in off of Willow Drive and Synder Drug has a long-term lease down the street,they were not interested in the site. Malin indicated they would like to develop the site as a mixed use retail and office given the feedback they have received. Malin stated within the last few weeks someone has indicated they would like to incorporate a medical office building on this site,which has prompted the new site plan. � Bremer inquired whether building number one consisting of two stories would be a medical office building. � ' Malin stated that would be a medical office building and that the smaller building would be smaller tenant retaiL � Bremer inquired what type of fast casual dining the applicants are considering. � Malin stated they do not have anyone specifically,but that Dairy Queen or Chipolte,Fat Belly Pig would be possibilities. Bremer inquired whether anyone specifically has been lined up for the retail. Malin stated they do have some tenants that have expressed some interest. Bremer inquired whether the drive-through on building number two is a drive-through for fast casual dining. Malin stated they have not closed on the property but that a dry-cleaner has expressed interest in that location. , PAGE 21 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3212 Hempel Properties,Continued) Wrede stated the buildings have been split into two to lessen the massing. Wrede stated with the � office/medical coming into play,they would like to retain the access off of Kelley parkway in the same location. The issue with the office/medical building is being able to provide ample parking. Wrede indicated there are a number of challenges they have been faced with due to the uniquely shaped lot. . Bremer opened the public hearing at 8:37 p.m. Ken Haugen, Stonebay, stated he did review the plans earlier today and that his number one concern is the increase in square footage,which creates a bigger demand for parking and increased traffic through the site,especially with the drive-up. Haugen noted the proposal is for two separate entries off of Kelley Parkway and inquired whether that is necessary since it would also generate more traffic. Haugen stated the relocation of the trash container is right next to Kelley Parkway and that he has a concern with that location. Haugen stated there is currently a retaining pond next to the pond,with a walkway that is intended to go down 12 and east. Haugen inquired what would happen with the retaining wall. Wrede stated the walkway comes off the east side of Kelley Parkway and connects to an outside patio on building number one in the submitted documents or building number two on the colored drawing. Wrede stated they would be flexible in the location of the pedestrian walkways but that they anticipate the walkways being utilized by customers of the retail stores. • Bremer stated the city spent a considerable amount of time creating walkways throughout Stonebay and that tying into the site is critical. Wrede reiterated they are flexible with the location of the walkways. � Bremer inquired whether two access sites are necessary on Kelley. Wrede stated in his view the two access points are necessary,with the central access point being the main access point. The drive-through goes in a northwest direction, and for people to exit the site,the extreme western access would allow easier exit from the site rather than create a bottleneck. Wrede stated they do have the trash enclosure now located on the west side of the property and it is basically central on the site. Wrede stated the enclosure would be screened. Berg inquired whether the retaining wall would be removed. Wrede stated he would need to check the grading plan to determine whether that retaining wall is going to be removed,but that they are adding a retaining wall on the south side. PAGE 22 � MINUTES OF THE ORONO PLANNING COD�INNIISSION Monday,July 17,2006 . 6:00 o'clock p.m. (#06-3212 Hempel Properties,Continued) Berg commented the City had thought the pond was going to be a focal point of the development where the residents could sit and that the walkways were designed to bring people to that area. Wrede stated the building and outdoor patio area are located closer to the pond than the original submittal. Wrede stated they are willing to work with Staff on that issue. Bremer expressed a concern with the drive-though and that there does not appear to be good traffic flow. Wrede stated the drive-through was created with a coffee shop in mind with six cars stacked. If the drive- through is located on the extreme back end of the building,there may be traffic conflicts coming in and out of Kelley parkway. Martin Left, Stonebay, stated when they purchased the property,they were told it would be a bank and a pharmacy and that now the use of the site has become more intense. Left noted the current medical building on the corner is half vacant and should be taken into consideration when designing this development. Left stated the McDonald's in Long Lake has turned into a hangout for teenagers at night and that the type of use being proposed for this site would create a similar problem. Malin stated due to the Hometown Protection Plan,which states if there is a small town bank akeady in your city,you are not allowed to have another bank. Malin indicated the only bank that could occupy that site is not interested in it. Wrede indicated no pharmacy was interested in the site since there was not a left turn in. The office/medical building would house oral surgeons and that there might be a small pharmacy located downstairs. Bremer stated the pharmacy that the city was considering was a 24-hour Walgreen's,which would have been a much denser use. Bremer stated it is difficult to balance the amount of noise and traffic generated from a pharmacy and what is being proposal but that the City spent a considerable amount of time discussing this site in the past. Bremer commented the hours of a dry-cleaner would be less than a coffee shop or a phannacy. Bremer stated she would like the hours of operation for the retail stopped as early in � the evening as possible. Berg stated a small sub shop or deli typically close by 9:00 p.m. and that she would like some to see some type of small restaurant. Bremer stated the City has struggled with getting a bank to locate at this site for a number of years and have been unsuccessful. Bremer stated in her opinion the flow of traffic is awkward with the drive- through and is not visually appealing, especially given the large amount of parldng proposed in that area. Bob Jordan,793 Stone Drive, stated the residents have not been clued in much on what is being proposed for this site and that the use for this site in his view has deteriorated over the years. Jordan stated the best PAGE 23 MINUTES OF THE ORONO PLANNING COMMISSION - Monday,July 17,2006 6:00 o'clock p.m. (#06-3212 Hempel Properties,Continued) use for this site would be something that would serve as a nice gateway to the Stonebay community and that a fast food restaurant would be detrimental to the area. . Malin indicated they are not looking at a fast food restaurant and that they are looldng at fast food casual, � which is like a Chipolte or a Fat Belly Pig. Bremer pointed out the current plans depict a drive-through that was envisioned for a coffee shop,which is now not going to happen. Gail Harris, 783 Boulder Drive, Stonebay, stated she was informed that the Walgreen's would close at 10:00 and that she is in agreement with her neighbors. Harris stated she does not want to have to drive through a parking lot and retail to access her new house. Harris expressed a concern with Kelley Parkway � and that there may be two entries into this site. Harris suggested a nice sit-down restaurant that is not a chain with an outdoor eating area be considered for the site. . Harris stated the amount of traffic that would be generated to this area from the school should be considered as well as the environmental impact due to the real concerns with global warning. Steve Johnston,2335 Shadow Drive,noted he is located a half mile away from this site and that he would encourage the developer to consider retail versus office for this site since office does not provide anything for the residents in the area and retail provides conveniences for the residents. Berg inquired whether the applicants are joint venturing with a medical clinic. Malin stated another developer who develops a lot of inedical buildings in the area has expressed interest in the site. Berg stated she could envision a medical building of some type but that Orono is hard-pressed at the present time attracting office users. Berg stated she would not be for a fast food type use at this location. Judy Left,791 Boulder Drive, stated it is her understanding that the size of the building is being increased from what was originally proposed. Left inquired how the size differs between the two buildings. Wrede stated on the original submittal the buildings consisted of approximately a 10,000 square foot footprint for a total of 20,000 square feet. Tonight's submittal has a total square footage that is approximately the same. Bremer pointed out one building would be one story and one building would be two-story. Gaffron illustrated on the overhead the two-story building and the one story building depicted in the plan that was submitted tonight. PAGE 24 MINUTES OF THE ORONO PLANNING COMIVIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3212 Hempel Properties,Continued) Judy Left stated she would like to see this development tastefully done since it is the gateway to the Stonebay development and that she does not want this area to turn into a hangout for teenagers. Martin Left inquired whether the buildings could be reoriented to have more of the parking on the Kelley Parkway side. Wrede stated if they were to orient the buildings differently and have all the parlcing on the Kelley Parkway side,the noise from the parking lot would be between the buildings and the residents. Wrede stated the reason for the access design was to achieve greater visibility to the site and that if the buildings were located facing Willow Drive and Kelley Parkway, it would block visibility of the access to the site. Bremer stated it was concluded at previous meetings of the city regarding this site that the buildings should be located further away from the residents of Stonebay. Pat Kaiser,781 Boulder Drive, stated she concurs with the other neighbors and that the increased traffic is going to cause problems. Tony Cecin,2476 Sandstone Lane, stated the access looks like it is directly across from Stonebay. Gaffron illustrated on the overhead the east end of the pond and the access point. Gaffron stated the access would be essentially across from where the wetland ends. Bremer closed the public hearing at 9:07 p.m. Kempf commented he understands the concerns of the residents of Stonebay and that the residents of a townhome development located across from a commercial district have different expectations than those � residents of a single-family residence. Kempf stated he has a concern with a drive-through that exits onto Kelley and that the drive-through should come across the wetland to avoid headlights flashing into the residences. Kempf inquired whether the trash could be located within the building. Gaffron stated if the Planning Commission wants the trash enclosure designed inside the building,the applicant should be told that at this stage of the application. Kempf stated in his view that is an important consideration. Kempf stated Orono also needs retail that serves its residents and that he would like to see a building containing office space on the upper level and retail on the bottom level,which would help to block the view of Highway 12. Kempf he would like to see fast food that does not have a drive-through. Kroeger inquired how the visual impact of the parlcing could be lessened. PAGE 25 . MINUTES OF THE � ORONO PLANNING COMNIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3212 Hempel Properties, Continued) Jurgens stated landscaping could help mitigate the parlcing and that he would like to see the back of the buildings be just as attractive as the front. Jurgens commented the successful developments tend to be the ones that incorporate more amenities and landscaping into the project. Jurgens stated he does not feel�the two entrances onto Kelley Parkway are necessary. Jurgens stated in his mind the retail component is important for Orono. Bremer concurred that the corner should be made more attractive. �Gaffron stated the focus of the Planning Commission sliould be centered on the use of the site and deal with the following: 1. Site orientations,relatioriship to Stonebay residential neighborhood,relationship to Highway 12/ Willow intersection,relationship to stormwater pond as an amenity. 2. Site access and circulation patterns,impacts/pros/cons of two proposed drive-thru's. 3. Building materials and building design. 4. Pedestrian access and circulation. 5. Signage,lighting, and landscaping. 6. Other topics of concern or interest. Bremer indicated she does not have a problem with a pharmacy but that the City spent a considerable amount of time in the past trying to attract a pharmacy to this location and were unsuccessful. Bremer aclrnowledged that retail would attract the students to this area. � Jurgens inquired what the gross floor area is. Gaffron stated the gross would be 30,000 square feet. Bremer commented she likes the different sizes of the two buildings since it does not look like a strip mall. Bremer suggested the larger building be one story and the.smaller building be two-story,with the buildings pushed further east and with appropriate screening. Bremer concurred that this site should be more retail and serve the residents of the community. Jurgens inquired whether the building footprint would be 15,000 square feet. Gaffron stated the two-story building has a square footage of 30,000,which exceeds the City's standards. PAGE 26 � MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3212 Hempel Properties,Continued) � � Jurgens stated he is unsure whether 15,000 square feet is the right number but that he is willing to look at a larger size building. Jurgens stated the limitirig factor on the size of the buildings would be the availability of parldng. Jurgens stated he does not envision a convenience store for this site and that a pharmacy would be a good choice. Jurgens stated orienting the western building towards the pond would give the building more appeal to a tenant like a restaurant with an outdoor seating area. Kempf stated he prefers retail on one level and office use on the other level. Kempf stated a restaurant with an outdoor seating area would be a good choice and that he does not envision a pharmacy locating at this site. Kempf suggested utilizing the water amenity located on the Stonebay development to this development's advantage. - , Kroeger indicated he concurs with the comments made by the other Commissioners and that the number of buildings would depend on the type of tenants. � Berg indicated she is not in favor of three buildings on this site. Gaffron stated this application will appear before the Planning Commission in a month as a site plan and suggested the Planning Commission make a recommendation to the Council. Bremer moved,Kempf seconded,Application#06-3212,Hempel Properties,Outlot A Stonebay, Commercial Site Plan Review,PUD,Comprehensive Plan Amendment,that the consensus of the Planning Commission is that they would approve two buildings rather than three; they would approve a two-story building provided that it did not increase the square footage of the building to make it look like a big box store;they would allow,depending on the use of the building and the location of the building,a building larger than the 15,000 square feet gross floor area that is normally allowed; retail is preferred over office use and the Planning Commission would prefer a higher retail use,but if office space is supportive of that,that would be okay;to recommend the applicant make every effort to look for a smaller pharmacy or similar service for the residents of Stonebay; to have the water feature in Stonebay be one of the main focuses of this development; to place a large focus on improving the intersection of old Highway 12 and Willow,recognizing that 'this is a retaiVoffice environment that the public would enter; and not to have a long drive-through line. VOTE: Ayes 5,Nays 0. PAGE 27 ' MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 dclock p.m. *9. #06-3213 STEVE SAPLETAL,2575 THOROUGHBRED LANE,CONDITIONAL USE PERMIT Bremer moved,Kroeger seconded,to recommend approval of Application#06-3213,Steve Sapletal, 2575 Thoroughbred Lane,granting of a conditional use permit to install a bathroom in a proposed pool house. VOTE: Ayes 5,Nays 0. 10. #06-3214 RUDY WICKLANDER HOMES,INC.,3345 CRYSTAL BAY ROAD, VARIANCE AND CONDITIONAL USE PERMIT,9:35 P.M.—9:55 P.M. Stuart Hoarn,Architect,appearing on behalf of Rudy and Judy Wicklander; Cathie Turham,Construction Manager,Rudy Wicklander Homes. Curtis stated the applicant is requesting lot area,lot width,hardcover, side street, lake, and rear yard setback variances in order to build a new single-family home. The applicant is proposing a 1,260 square foot home and minimal hardcover to support the home. Additionally, a conditional use permit to conduct land alterations within 75 feet of the ordinary high water level is also required. During Staff review of the application it became apparent that a three-story home had been proposed as the lowest level did not meet the City's definition of a basement. The applicant feels that the most recent plan meets all of the City's requirements. Curtis indicafed the Hennepin County Regional Rail Authority has responded to the applicant's inquiry, which has been distributed to the Planning Commission. Planning Staff recommends approval of the variances as proposed stipulating that the home must meet the City's height limitations of 30 feet and two and a half stories as defined. The applicant must also conform to all of the City Engineer's recommendations. Curtis noted the City Engineer has not reviewed the most current plans. Hoarn stated when this property was initially looked at,they looked at the front and east side of the house and they saw a full walkout basement with a story and a half above it and that they were considering a new walkout basement with a two story structure. Hoarn stated parts of the property sits less than four � feet from the property line and that the further the north and east they moved the house,the less the basement became conforming with the City's requirements and front setback. Hoarn stated the open carport is located out in front on the lakeside. Hoarn stated at the rear property line,the ground is approximately ten feet higher than the street elevation over the length of the lot,which is approximately 70 feet. Hoarn stated their surveyor was asked to work directly with Planner Curtis on the plan that is before the Planning Commission tonight. Bremer opened the public hearing at 9:44 p.m. • PAGE 28 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3214 Rudy Wicklander Homes, Continued) Jon Hofer, 3339,Crystal Bay Road, stated he is in favor of the new house and that the other new houses in the area have helped to improve the neighborhood. Tom Anderson, 3349 Crystal Bay Road,noted the setback is now at 10 feet and that the average setback � is also fine, so he would be in support of the project. Bremer closed the public hearing at 9:45 p.m. Bremer stated the issue is the definition of a story. Bremer indicated she likes the design of the house. Curtis stated the height of the structure is conforming but the number of stories is the issue. Hoarn stated the basement is not as buried because there is less dirt in that area and that there is now a question over whether it would still be considered a basement. Curtis stated the most recently plan steps down from the garage level into the basement,making the basement level�933',which is the required elevation for a basement. Curtis stated there is a step up into the first story. . Jurgens inquired whether there is a concern with water coming into the basement since it is located below street leveL • Curtis stated the basement is not located below the street level but the garage is. Hoarn stated they are allowed to construct a basement below street level according to building code. Jurgens stated it looks like a nine-foot basement. Hoarn stated they had to drop the basement floor 16 inches. Hoarn stated depicted on Exhibit D-3 there is a gasketed threshold on the door going from the garage into the foyer to address the issue of water. Jurgens inquired whether the applicant should work further with Staff on the basement and lower level. Curtis stated what the applicants have proposed with the basementJlowest floor level would be considered a basement and that the question is whether or not the Planning Commission feels the structure meets the story limitations. Bremer stated if the basement were dug out further to 933',there would be no question with the application. Bremer stated there is a lesser visual impact with the lower garage. PAGE 29 MINUTES OF THE ORONO PLANNING CONIlVIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3214 Rudy Wicklander Homes,Continued) Hoarn stated they could drop the garage another four to six inches and would still be five inches above the street. Hoarn stated you could handle a six-inch flood. Hoarn stated they would prefer to do it as the house is currently sitting. Bremer moved,Berg seconded,to recommend approval of Application#06-3214,Rudy Wicklander Homes,Inc.,3345 Crystal Bay Road,subject to the driveway being 20 feet and further subject to review and recommendations of the City Engineer. VOTE: Ayes 5,Nays 0. Bremer stated in her opinion the applicants have met the City's height requirement and story requirement. 11. #06-3215 TODD AND NIICHELLE SCHAIBLE,1450 CHERRY PLACE,VARIANCE This item follows Item No. 15. 12. #06-3217 AULIK DESIGN GROUP ON BEHALF OF TRACY CONSTABLE,865 FEItNDALE ROAD WEST,VARIANCE,9:55 P.M.—10:15 P.M. Chris Carstons and Bill Eastman were present. Turner stated the applicants are proposing to add a second story over a garage. The house was constructed in 1938 and is located on a narrow ridge along the lakeshore that is about eight feet above the level of Ferndale Road. The garage,which is at basement level,was added in 1960. In 1973,a room was constructed above the garage. The proposed addition would involve increasing the pitch of the roof to match the original part of the house and adding dormers to it. Turner stated the entire house is located within the 75-foot lakeshore setback and cannot be expanded without a variance. The existing garage is 17.6 feet from the east property line. Without a side setback variance,the proposed master bedroom would be limited to nine feet in width. Staff finds hardships exist that warrant approval of the setback variances as requested. The lot is a quarter of the minimum size required for the zoning district and less than half the required width. The house was constructed well before the zoning and shoreland regulations were adopted. The additions were also constructed before the shoreland regulations were adopted. The existing third bedroom is so small and awkwardly shaped that it is only marginally usable as a bedroom. The addition would increase the above- grade floor area of the house to approximately 3,500 square feet,which Staff does not find excessive. Although there is no increase in hardcover being proposed, Staff feels that some of the hardcover on the site should be removed � PAGE 30 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. , (#06-3217 Aulik Design Group,Continued) � Planning Staff recommends approval subject to removal of the�amount of hardcover deemed appropriate. Eastman acknowledged there are hardcover issues on this property and that they are willing to reduce the hardcover somewhat. Bremer opened the public hearing at 10:02 p.m. There were no public comments regarding this application. Bremer closed the public hearing at 10:02 p.m. Bremer stated given the amount of hardcover removals being recommended by staff,this lot would be improved and that she is generally in support of the application with all of the hardcover removals recommended by Staff. , Kempf inquired how wide the driveway is at the street. Turner stated she believes it is ten feet wide. Eastman stated the driveway accommodates one single car. Bremer stated in her opinion ten feet is appropriate. Bremer inquired whether there is any hardcover that could be reduced on the turn-around. Kempf stated the boulder walls alongside the house are also not necessary. Jurgens stated in his opinion the 75-250 foot zone should be almost conforming given the large amount of nonstructural hardcover that exists in that zone. Jurgens inquired when the house was purchased: Smith stated the house is in the process of being purchased. Jurgens stated he would like to see a hardcover removal plan and that he does not want to approve the application until he sees that plan. Jurgens stated he would like to see the hardcover reduced to 25 percent in the 75-250 foot zone. � Bremer stated in her opinion it is not possible to reduce the hardcover to 25 percent. Jurgens commentecl the driveway in front of the house could be reduced. . � Eastman stated the hardcover is currently at 34 percent. PAGE 31 MINUTES OF THE ORONO PLANNING CONIlVIISSION Monday,July 17,2006 6:00 o'clock p.m. " (#06-3217 Aulik Design Group, Continued) • Curtis stated the applicants could provide a minimal driveway,with some parlcing space. Curtis noted there is no parking available on Ferndale. Curtis stated she does not feel the hardcover could be reduced to 25 percent in the 75-250 foot zone considering the overages in the 0-75 foot zone. Bremer recommended the lean-to be removed,with a minimal driveway. Bremer stated the boulder edg-ing could also be removed. Curtis recommended all nonessential hardcover be removed within the 0-75 foot zone. Bremer moved,Kempf seconded,to recommend approval of Application#06-3217,Aulik Design Group on behalf of Tracy Constable,865 Ferndale Road West,granting of a lakeshore and side setback variances subject to the removal of all nonessential hardcover in the 0-75 foot zone, removal of excess hardcover in the 75-250' zone but to allow a minimal size driveway,and further subject to the removal of the lean-to and any other nonessential hardcover located within the 75-250 foot zone. VOTE: Ayes 5,Nays 0. *13. #06-3218 BRIAN ARNE AND JULIE MORRISON-ARNE,KERRY AND HIANN NASSAUER, 130 AND 145 MANOR CIRCLE,LOT LINE REARRANGEMENT AND VACATION Bremer moved,Kroeger seconded,to recommend approval of Application#06-3218,Brian Arne and Julie Morrison-Arne,Kerry and Kiann Nassauer, 130 and 145 Manor Circle,Lot Line Rearrangement and Vacation. VOTE: Ayes 5,Nays 0. 14. #06-3219 HARRIET AND EDSON SPENCER, 1135 SPRING HII,L ROAD, SUBDIVISION, 10:15 P.M.- 10:42 P.M. Edson Spencer,Applicant,Robert Fullerton, and�Bridget Hust,Attorney-at-Law,were present. Turner stated the applicants are requesting approval of a plat to create a second building site. Turner requested the Planning Commission consider whether an outlot should be created at this time. The existing private road is within an easement rather than a separate outlot. Staff suggests access for the new house be from Spring Hill Road,utilizing the existing driveway approach. This would eliminate the need to run the driveway up the wooded slope. The applicants rejected this option because they have a � purchase agreement for Lot 2 as proposed and it would disturb too much of Lot 2 to create an outlot corridor. PAGE 32 NIINUTES OF THE ORONO PLANNING COMNIISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3219 Harriet and Edson Spencer,Continued) Turner stated the information submitted by the applicant did not arrive in time for Staff review and Staff would recommend tabling the item to allow a review of that information and for additional information to be provided. Bremer inquired what information has not been submitted. Turner stated Staff has not had an opportunity to review all the infozmation submitted to date and that the City Engineer has indicated he requires fiu ther information be submitted. Spencer stated he acquired Lot 2 in 1972,which was done by lot line rearrangement. Spencer stated they are requesting the Planning Commission approve returning it back to two separate lots. Spencer stated they have a purchase contract with Mr.Fullerton for the purchase of the second lot and that the driveway for the new lot has to come in from the west since it is not feasible for it to enter the property at any other point. � Spencer stated the current road serves three homes and has been in existence for a number of years. A more formal road association than what has previously existed is being considered for the road., Spencer stated they are in the process of discussing with the Minnesota Land Trust and the Minnehaha Watershed District the possibility of a conservation easement to prevent any building on the new lot. Spencer requested the Planning Commission approve the creation of the two lots. � • Turner stated the other issues for consideration are the creation of an outlot for the road and the improvement of the roadway. Bremer inquired whether Staff would be in favor of the conservation easement. Turner indicated that would raise the question of who would own and maintain the property that has the conservation easement. Hust stated this afternoon she received some information from Mark Gronberg on how to construct the driveway,which she could leave with Staff. Hust indicated the new lot would consist of 12 acres,with more than six acres dry buildable. Jurgens inquired what the slope of the driveway would be. � . � Hust stated the driveway starts out at two percent and goes up to ten and then drops down again. Jurgens stated an outlot would serve the function of a split and could be deeded for the purpose of a conservation easement. Jurgens inquired what the minimum width of the road would need to be. PAGE 33 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 � 6:00 o'clock p.m. (#06-3219 Harriet and Edson Spencer,Continued) Turners stated fire code calls for a 20-foot paved road. Kempf stated he likes the winding road that goes back into this area and that he would prefer to see the road remain as is. Jurgens stated the caveat he would put on that is that once the lots are improved,the road should be brought up to code. Jurgens pointed out that the recommendation to upgrade the road is to allow for better emergency vehicle access. Jurgens stated he would be willing to agree to a 20-foot road in order to help preserve the character of the area. Jurgens inquired how the conservation easement would be maintained. Hust stated someone would have to maintain the conservation easement and that they are looking at different options. Bremer stated it seems to make sense to change the driveway to an outlot at this time and to increase the width of the road to 20 feet. Hust inquired whether the property to the west of the driveway would need to be an outlot. Turner stated it would be unless there is a building site defined on it.Turner stated Staff's major concern is that the building site on the new lot is on a very steep slope. Jurgens inquired whether a bluff analysis has been completed. Turner indicated an analysis has been started but that there probably is a bluff in that area. Hust indicated Mark Gronberg has informed her that there is no bluff. Bremer commented it sounds like creating an outlot for the road is a good idea and that the outlot be made large enough to allow for the road to be widened at some point in the future. Hust stated the easement is 50 feet wide. Gaffron stated a 50-foot outlot could be needed. Bremer inquired about the access and whether that should be changed. Spencer stated they are not able to agree to the access changing. PAGE 34 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3219 Harriet and Edson Spencer,Continued) Jurgens stated he would be more interested in an access that goes out to Spring Hill to avoid cutting the driveway into the hill and to avoid removing a significant number of trees. That would alter the landscape forever. Jurgens recommended loolcing at different options for the driveway. Spencer stated a conservation easement would take care of that. Bremer stated if the City lrnows that the lot has a conservation easement,it would alleviate that concern. Hust stated if the road goes out to Spring Hill,it would cross over the alternate septic site for the existing house. Spencer stated they would like to close on the purchase agreement as soon as possible. Hust inquired whether approval could be granted subject to an acceptable grading plan. Berg stated she does not feel there is sufficient information at this point. Bremer opened the public hearing at 10:40 p.m. � There were no public comments regarding this application. Bremer closed the public hearing at 10:40 p.m. Jurgens moved,Berg seconded,to table Application#06-3219,Harriet and Edson Spencer, 1135 Spring Hill Road. VOTE: Ayes 5,Nays 0. 15. #06-3221 SEAN AND 1vICOLIE WHEELER HENDRICKSON, 1580 LONG LAKE BOULEVARD,VARIANCE, 10:43 P.M.-11:13 P.M. Sean Hendrickson,Applicant, and Tony Jeffries,Cook Development,were present. Turner stated the applicants are requesting the following variances in order to construct a replacement � residence: One,a structural lot coverage variance for a structure of 1,673 square feet when only 1,500 , square feet would be required;two, setback variances to allow a front setback of 30 feet when 50 feet is required;three, side setbacks of 6.0 feet and 11.3 feet when 30 feet is required; and four,a rear setback of 34 feet when 50 feet is required. In addition,hardcover variances are required to allow 27.31 percent hardcover in the 75-250 foot zone when 25 percent is allowed,and 50.92 percent hardcover in the 250- 500 foot zone when 30 percent is allowed. PAGE 35 1VIIlVUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3221 Sean and Nicolie Wheeler Hendrickson,Continued) Staff finds hardships exist which warrant approval of some of the variances as requested. Staff is not recommending a lot coverage variance. Planning Staff recommends tabling the item to allow the applicants to provide a revised plan that eliminates the lot coverage variance. Jeffries stated in order to provide a modest new home given the constraints of the property,the house that is being proposed has 1,026 square feet as its livable footprint. In order to provide a couple of garage stalls, an additiona1480 square feet of structural coverage would need to be added. A covered stoop would add 35 square feet and a screened porch that may or may not be designed as a four-season room would add 135 square feet. Jeffries stated without a garage,the nonstructural hardcover would increase,and that they have designed a minimal two-car garage. Jeffries stated the intent of the layout is the increase the curb appeal. Jeffries pointed out the proposed . hardcover is a reduction from the current hardcover. Bremer opened the public hearing at 10:50 p.m. _ Stachia Fey, 1570 Long Lake Boulevard,indicated she and her husband,Michael Fey, are in favor of this . project. - Michael Fey, 1570 Long Lake Boulevard, stated if this project is denied,the Hendricksons would probably move and that this lot would not be improved for a long time. Fey stated the project would help to improve the neighborhood. Bremer closed the public hearing at 10:52 p.m. Bremer stated it is true that the City does hold itself rather strictly to the 15 percent siructural lot coverage requirement,but that there are some very unique lots that probably require greater structural coverage _ than 15 percent and that the applicants are not proposing a big house. Bremer stated the four-screen porch and the covered entry consist of 175 square feet,which is the amount the applicants are over on the structural coverage. Turner stated there is 75 feet of cantilevered area,which brings it to the 1742 square feet. Jeffries stated the cantilevered area would be difficult to remove and that it was his understanding the cantilevers would not be counted as structural coverage. Bremer commented in her view a cantilever is usually not integral to the footprint of the house and could be removed. PAGE 36 MINUTES OF THE � ORONO PLANNTNG COMI�ZISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3221 Sean and Nicolie Wheeler Hendrickson,Continued) Jeffries stated the one-foot cantilever impacts the size of the second floor of the structure and is not just a decorative overhang. Turner stated the code is very clear that the cantilever would count as structural coverage. The concern that Staff has is whether a hardship exists to grant a siructural coverage variance. Bremer iriquired whether on another application with new construction a property owner was granted a structural coverage limit. ' Gaffron stated he does not recall an instance on new construction where a structural coverage variance was granted. Gaffron stated there was one instance on a remodel with a lot that was much less than 10,000 square feet where they were granted a variance. Curtis stated in that instance there was an existing home and no garage. Bremer stated that house had been remodeled and the garage converted into living space and the new owners wanted a garage. Gaffron stated the question is whether 1500 square feet is a reasonable number for this lot, and if a bigger number is supported by hardships,then perhaps the Planning Commission could recommend that something more than 1500 would be allowed. Gaffron stated the orientation of the house is driving some variance. Gaffron noted the house is located five feet from the property line and that the house could be reoriented to get the majority of the driveway further away from the property line. Gaffron stated the character of the neighborhood and the curb appeal should be considered when considering the variances. Jurgens stated that he is not in favor of the structural lot coverage variance. Jurgens noted this is a slab on grade without a basement and inquired whether there is a water table:problem in this area, Hendrickson stated they only have six feet from road grade and that he was unsure whether they could do a basement. . Jurgens stated the structural coverage could be reduced with a different design and suggested that the � applicant consider some revisions to their design. Jurgens stated he would be in favor of tabling the application. Bremer recommended the applicants redesign their plans to eliminate as many of the variances as possible and to consider adding a basement. Berg stated relocating the driveway off of the property line is also another issue that should be addressed. Jurgens stated a front loading garage would be one option. PAGE 37 1VIINUTES OF THE ORONO PLANNING COMNIISSION � Monday,July 17,2006 . 6:00 o'clock p.m. � (#06-3221 Sean and Nicolie Wheeler Hendrickson,Continued) Kempf inquired whether there are seasonal water views from the house. Hendrickson stated there are,which is one reason why the garage is located in the rear. ' Hendrickson stated they rotated the house to match the curvature of the road. Turner stated the issue would be fitting the driveway in with the hardcover restrictions. Hendrickson inquired if they were to have a tuck-under garage whether that would be favorable to reduce the hardcover. Jurgens stated the closer the application is to compliance,the better. Bremer noted they are allowed two and a half stories and 30 feet in height. Jeffries inquired what type of variances would likely be approved on their application. Berg stated the Planning Commission would like to see a plan that meets the 1500 square feet stxuctural coverage, incorporates a basement,reduces the hardcover and driveway, as well as meets a 10-foot side setback. Turner requested some direction be given on the hot tub. Turner stated the hot tub consists of 100 square feet of hardcover. Bremer inquired where the hot tub is located. Hendrickson stated the hot tub is located way in the rear. Bremer commented the hot tub could be on the deck. Jurgens moved,Berg seconded,to table Application#06-3221,Sean and Nicolie Wheeler Hendrickson, 1580 Long Lake Boulevard. VOTE: Ayes 5,Nays 0. 11. #06-3215 TODD AND MICHELLE SCHAIBLE,1450 CHERRY PLACE,VARIANCE The applicants were not present. Bremer opened the public hearing at 11:14 p.m. PAGE 38 MINUTES OF THE ORONO PLANNING COMMISSION Monday,July 17,2006 6:00 o'clock p.m. (#06-3215 Todd and Michelle Schaible, Continued) There were no public comments regarding this application. Bremer closed the public hearing at 11:14 p.m. . Bremer stated it would be helpful to lrnow where the neighbor's new house would be located. Turner stated she could provide that information for the next meeting. Bremer moved,Jurgens seconded,to table Application#06-3215 Todd and Michelle Schaib1e, 1450 Cherry Place. VOTE: Ayes 5,Nays 0. PLANNING COMIVIISSION COMMENTS 16. REPORT OF PLANIVING COIVIlVIISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS JUNE 26 AND JULY 10,2006 Kempf reported on the June 26 Council meeting,noting that a number of the applications were placed on the Consent Agenda. Kempf stated the Stonewood Design application was sent back to the Planning Commission and the Bohland application on Willow was approved. Kempf stated the Minnetonka Center for Arts application was also tabled due to concerns expressed by a neighbor over the smoke that would be generated from the kiln. Jurgens reported on the July 10 Council meeting,noting that the lot combination was approved but the lot ' area variance was not approved on the McNaughton/Hamm application. Jurgens stated the applicant on Fox Street was requested by the council to end the curb and gutter 50 feet prior to the street to help preserve the rural character of the neighborhood. 17. OTHER ISSUES FOR DISCUSSION None � 18. PLANNING COMMISSION APPROVAL OF MINUTES FOR JUNE 19,2006 Kroeger moved,Kempf seconded,to approve the minutes of the June 19,2006 Planning Commission meeting as submitted. VOTE: Ayes 5,Nays 0. PAGE 39 MINUTES OF THE ORONO PLANNING CONIMISSION Monday,July 17,2006 6:00 o'clock p.m. 19. SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JULY 24 AND AUGUST 14,2006 July 24—Kempf August 14—Jurgens ADJOURNMENT . Jurgens moved,Berg seconded,to adjourn the Planning Commission meeting at 11:38 p.m. VOTE: Ayes 5,Nays 0. . C 'a Bremer,Acting Chair PAGE 40