HomeMy WebLinkAbout08/21/2006 Planning Commission Minutes , MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m. .
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair C�mthia Bremer, Commissioners Roland Jurgens,Ralph Kempf,Dick Kroeger, and David Rahn.
Representing Staff were Planning Director Mike Gaffron,Planners Melanie Curtis and Evelyn Turner,
and Recorder Jackie Young. Mayor Barbara Peterson arrived at 6:15 p.m.
Chair Bremer called the meeting to order at 6:00 p.m.
CONSENT
Chair Bremer opened the public hearing at 6:02 p.m.
There were no public comments regarding Applications#06-3216 and#06-3222.
Chair Bremer closed the public hearing at 6:02 p.m.
Bremer moved,Rahn seconded,to approve the Consent Agenda as submitted.
VOTE: Ayes 5,Nays 0.
1. #06-3216 JOHN HOLM AND SUSAN KERBER, 1485 BAY RIDGE ROAD,VARIANCE
Bremer moved,Rahn seconded,to recommend approval of Application#06-3216,John Holm and
Susan Kerber, 1485 Bay Ridge Road,granting renewal of a 10-foot side setback variance to
construct an attached garage,subject to the condition that the hardcover in the 75-250 foot zone not
exceed 25 percent,and further subject to compliance with all of the City Engineer's
recommendations. VOTE: Ayes 5,Nays 0.
2. #06-3222 MICHAEL J.PUDIL,2414 CARMAN STREET,EASEMENT VACATION
Bremer moved,Rahn seconded,to recommend approval of Application#06-3222,Michael J.Pudil,
2414,Carman Street,vacation of utility easements subject to the two lots being legally combined
and upon consent of the remaining utility companies. VOTE: Ayes 5,Nays 0.
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MINUTES OF THE
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Monday,August 21,2006
6:00 o'clock p.m.
OLD BUSINESS
3. #06-3215 TODD MARTIN SCHAIBLE, 1450 CHERRY PLACE,VARIANCE,6:03 P.M.—
6:20 P.M.
Todd and Michelle Schaible,Applicants,were present.
Turner stated the applicants are requesting variances to allow construction of an addition to the street side
of their residence. The applicants are requesting a hardcover variance in the 0-75-foot zone to allow 12
percent hardcover and a hardcover variance in the 75-250-foot zone to allow 39 percent hardcover. In
addition, an average lakeshore setback variance is required to place the addition closer to the lake than the
average lakeshore setback. '
Turner illustrated on the overhead the average lakeshore setback line and the location of the existing
house. The entire house is forward of the average lakeshore setback. The house was constructed prior to
the adoption of the average lakeshore setback ordinance. The proposed house on the lot to the north does
not change this. The house to the south is unusually far from the lake because of the topography of that
lot. It is also about 14 feet higher than the applicants' house and separated by a band of trees. There are
also trees along the north property line.
Staff noted there is a minor increase of 31 square feet hardcover in the 75-250 foot zone. Of the 691
square foot area that would be covered by the addition,472 square feet is sidewalk. The paver walkway
in front of the house consisting of 108 square feet and 80 square feet of the driveway would be removed.
The applicants have indicated that the retaining wall would be difficult to remove due to the substantial
slope but they are proposing to remove a portion of the driveway and the paver walkway.
Planning Staff recommends approval of the average lakeshore setback variance and approval of a
modified 0-75-foot hardcover variance.
Bremer commented one of the roles of the Planning Commission is to look at the property as a whole and
to recommend areas where hardcover can be removed wherever possible. Bremer inquired whether the
applicants had anything to add to Staff's report.
Mr. Schaible indicated he does not.
Bremer opened the public hearing at 6:11 p.m.
There were no public comments regarding this application.
Bremer closed the public hearing at 6:11 p.m.
Rahn stated the only concern he has is with the amount of hardcover proposed for the driveway, and
recommended that the driveway near the garage doors be reduced.
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MINUTES OF THE
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Monday,August 21,2006
6:00 o'clock p.m.
(#06-3215 Todd Schaible,Continued)
Kroeger inquired why the path down to the lake is curved.
Mr. Schaible indicated the pathway curves around a landscaped area that does have some mature trees.
Bremer commented she is in agreement that the driveway should be reduced and suggesting incorporating
a turn-around. Bremer recommended the applicants work with Staff to arrive at a reasonable hardcover
number and configuration of the driveway.
Jurgens stated he does not have a concern with the second story given the absence of any complaints or
concerns expressed by the neighbors. Jurgens stated he would like to see some additional hardcover
removals in the 0-75-foot zone as well as a reduction in the driveway.
Rahn inquired whether the Planning Commission should specify the width of the driveway.
Gaffron concurred the driveway should be reduced to the width of the garage,with perhaps an 8 x 8 or a
10 by 10 back-up area.
Jurgens recommended that the pathway be removed in the 0-75-foot zone.
Jurgens moved,Kempf seconded,to recommend approval of Application#06-3215,Todd and
Michelle Schaib1e, 1450 Cherry Place,granting of a hardcover variance in the 0-75 foot zone,a
hardcover variance in the 75-250 foot zone,and an average lakeshore setback variance,subject to
the condition that a minimal driveway be constructed per staff s recommendations,removal of the
stone paver path on the south side of the home, and removal of a portion of the paver walk on the
lakeside of the home,with the landing areas at the bottom of the steps being allowed to remain.
VOTE: Ayes 5,Nays 0.
l
4. #06-3219 EDSON SPENCER, 1135 SPRING HII.,L ROAD, SUBDIVISION,6:21 P.M.—
6:47 P.M.
Edson Spencer,Applicant,Robert Fullerton,Purchaser, and Bridget Hust,Attorney-at-Law,were present.
Turner noted the Planning Commission discussed this application at its July meeting where it was tabled
to allow the applicant time to complete the application and to explore a conservation easement that would
keep the new lot vacant forever.
The applicants have provided an outlot for the existing road,which serves three houses. It is currently
located within a driveway easement. The proposed house would be the fourth residence on the roadway.
The outlot is proposed to bring the arrangement into compliance with the subdivision regulations. The
four properly owners served by the road are forming an association that will take title to the outlot and be
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Monday,August 21,2006
6:00 o'clock p.m.
(#06-3219 Edson Spencer,Continued)
responsible for maintenance of the road. Subdivision regulations would require a 24-foot wide roadway
and the Fire Code requires a 20-foot wide roadway. �
The property is within the MUSA but not served by sewer. Sewer is available south of Woldsfeld Creek.
The applicant has provided two acceptable septic locations for the new lot and one for the existing house.
The existing system is noncompliant and must be replaced by the end of 2007. The subdivision would
trigger a requirement for immediate upgrade of the septic system. The purchaser of the property,
Mr.Fullerton,has indicated an interest in a sewer extension.
Planning Staff recommends approval of the preliminary plat subj ect to:
1. The private roadway being widened to 20 feet if and when determined necessary by the fire
marshal. This would constitute a platting variance from the 24-foot wide private roadway
requirement.
2. Outlot B being deeded to the property owners association together with a 50-foot easement over
Lot 1 to allow creation of a wetland buffer or provision of a road maintenance agreement
acceptable to the City."
3. Execution of a"Declaration of Covenants,Conditions,Restrictions and Private Roadway
Easement"as well as an easement to the City for road,drainage and utilities over Outlot B.
4. The septic system for the existing house being replaced or the property being served by sewer by
a date the Commission deternunes is appropriate but no later than December 31,2007.
5. Approval of the restoration plan for the areas disturbed by driveway construction before a permit
is issued for a house on Lot 1.
6. Payment of the park dedication fee and storm water fees for the new lot at a time the commission
determines appropriate.
7. Inclusion on the plat of drainage and utility easements around the perimeter of the two lots and
adjacent to Sixth Avenue for Outlot A. Inclusion on the plat of a utility easement over all of
Outlot B.
8. Execution of conservation and flowage easements over Outlot A and the wetlands on Lot 1.
9. Compliance with the requirements of the Minnehaha Creek Watershed District.
10. Submission and approval of the final plat.
Mr. Spencer stated lot two was purchased in 1978,with construction of the house commencing in 1985.
At that time the additional lot was acquired and the lots were combined into one lot. Spencer stated his
request is merely separating those two lots.
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MINUTES OF TI�
ORONO PLANNING COIVIlVIISSION ,
Monday,August 21,2006
6:00 o'clock p.m.
(#06-3219 Edson Spencer,Continued)
Spencer indicated he has a purchase agreement for Lot 2 and that he is in the process of placing a
conservation easement on the other lot. Spencer indicated the neighbors are in agreement with the
conservation easement and the Minnesota Land Trust would like a donation of the conservation easement.
Spencer stated the first step in the process is to obtain approval of the lot split.
Bremer inquired whether the applicant has any concerns or questions regarding the conditions listed by
Staff. �
Spencer stated the driveway was originally constructed in the mid 1930's and served one house.
Currently the driveway serves three houses and has existed in its present configuration for the past 30
years. Spencer stated although the driveway is only 17 feet in width,there is plenty of shoulder room and
is easily able to accommodate two vehicles.
Bremer indicated the width of the driveway would need to be determined by the fire marshal. Bremer
noted the normal width of a roadway is 24 feet and a 17 or 20-foot roadway would require a variance.
Hust stated presently there is a driveway easement,with the three residences being responsible for the
maintenance of the roadway. Hust stated they are agreeable to deed the outlot to the appropriate parties.
Hust stated the septic system could probably not be replaced this fall and that they would like to give the
buyer time to explore his options in this regard.
Bremer pointed out Staff is recommending that the matter be resolved by the end of next year.
Hust requested a waiver of the storm water fees in light of the conservation easement being granted on
this property. Hust commented this is a win/win situation for the city and for the neighborhood.
Fullerton stated the coordination among the various parties to make this possible has been substantial.
Fullerton stated one requirement is that someone purchase the 12 acres after it is placed in the
conservation easement, and that the neighbors have stepped up to purchase the conservation easement.
Fullerton stated to impose an additional financial burden and require the roadway to be widened at this
point in time does not make sense.
Bremer opened the public hearing at 6:37 p.m.
Phil Ordway, 1145 Sixth Avenue North,indicated he is in the process of constructing a house in this area
and he is very supportive of this application. Ordway stated the rationale for the conservation easement
was to prevent construction in that area and that they would request the driveway remain as is, in the same
spirit.
Bremer closed the public hearing at 6:38 p.m.
Kempf commented he prefers the smaller roadway but that the final decision is up to the fire marshal.
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Monday,August 21,2006 �
6:00 o'clock p.m.
(#06-3219 Edson Spencer,Continued)
�
Rahn stated there are other alternates to a smaller width roadway such as installing sprinklers in newer
residences.
Jurgens recommended the applicant speak with the fire marshal about other alternates that could be
pursued to avoid the need to widen the roadway. Jurgens indicated he is in favor of a waiver of the storm
water fees in light of the conservation easement. Jurgens noted Hennepin County is requesting a ten-foot
trail easement,which is a reasonable request in his view.
Hust stated to her lrnowledge the easement already exists.
Kroeger inquired whether a variance to the roadway width would have to be granted tonight.
Bremer stated she would recommend that the roadway not be widened given the unique nature of the area.
Bremer moved,Rahn seconded,to recommend approval of#06-3219,Harriet and Edson Spencer,
1135 Spring Hill Road,subject to the revised conditions outlined in the Planner's report dated
August 21,2006,with the recommendation of the Planning Commission being that the roadway
remain at 17 feet unless the fire marshal deems the roadway should be widened due to safety
reasons and then it would be the recommendation of the Planning Commission that the roadway be
widened to 20 feet,and with the understanding that at such time a building permit is applied for on
Lot 1,park dedication and storm water fees should be paid,and to require con�rmation of the trail
easement to Hennepin County. VOTE: Ayes 5,Nays 0.
NEW BUSINESS
5. #06-3210 STEVEN WEBSTER AND SANDRA LARSON,500 AND 540 ORONO
ORCHARD ROAD,LOT LINE REARRANGEMENT AND VACATION OF ALLEY,6:47 P.M.—
7:05 P.M.
Steven and Jo Webster,Applicants,were present.
Gaffron stated the applicants are requesting the City vacate the 12-foot alley extending from Fox Street to
Dickenson Street between Orono Orchard Road and Barrett Avenue. Additionally,Webster and Larson
propose a lot line rearrangement that would allow for the relocation of Larson's driveway off the alley
and directly onto Orono Orchard Road. As a result,Webster would no longer have Larson's driveway
extending through the middle of this property.
a
1
The alley that separates the westerly and easterly tier of platted lots in Block 13,Minnetonka Bluffs,was
dedicated to the public in 1887. Minnetonka Bluffs was platted into city-sized lots and blocks during an
era when that was the standard practice in the rural areas,largely disregarding topography,wetlands,
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ORONO PLANNING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
(#06-3210 Steven Webster and Sandra Larson,Continued)
sewage treatment needs, open space, and the variety of factors prevalent today that result in modern rural
subdivision design.
The alley has been used as access to the Webster and Larson properties for many years. A driveway at
one time crossed both the Larson and Webster properties to serve the next house down the line at 550
Orono Orchard but which had removed its alley access in 1989 and established a driveway onto Orono
Orchard Road, similar to what the Larsons are now proposing. With the proposed driveway relocation,it
appears there is no future need of the alley for providing access to the properties. Also,City maintenance
of the alley would cease as a result of this vacation.
The City Engineer has reviewed the proposed�grading plan and has made the following comments:
1. The plat should show perimeter drainage and utility easements 5-feet wide along all interior lot
lines and 10-feet wide along the street frontage.
2. The proposed grading south of the proposed driveway exceeds the maximum allowable slope
of 3:1. If the property owner intends to maintain this slope,the grading should be revised in this
area to show slopes not exceeding 3:1. Otherwise,a restoration plan should be provided that
indicates how erosion will be prevented in the area.
Staff recommends approval of the alley vacation and lot line rearrangement subj ect to the following
conditions:
1. Applicants are to satisfy all recommendations of the City Engineer with regards to the driveway.
2. Approval is subject to City retention of public drainage and utility easements.
3. The applicants, as part of the rearrangement, shall grant to the City the following drainage and
utility easements:
-5 foot wide either side of the revised shared lot boundary between Webster and Larson;
-5 foot wide along Larson's south boundary;
- 10 foot wide along the Larson and Webster frontages abutting the three surrounding roads.
4. Applicants shall provide to the City a title opinion and certified copies of all recorded
easements currently affecting the properties involved in the lot line rearrangement.
Mr.Webster stated in his view this proposal is a benefit to the City since it eliminates the need for the
City to maintain this alley. Webster indicated it is also hazardous for the Larsons to utilize the driveway,
noting that their dog has been struck a few times.
Bremer opened the public hearing at 6:52 p.m.
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MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
#06-3210 Steven Webster and Sandra Larson, Continued)
There were no public comments regarding the application.
Bremer closed the public hearing at 6:52 p.m.
Rahn moved,Bremer seconded,to recommend approval of Application#06-3210, Steven and Jo
Webster,500 Orono Orchard Road South,and Kent and Sandra Larson,540 Orono Orchard Road
South,vacation of an alley and lot line rearrangement,subject to staff conditions outlined in the
August 16,2006 Planner's report. VOTE: Ayes 5,Nays 0.
6. #06-3220 JULE AND ELIZABETH HANNAFORD, 1220 BRACKETTS POINT ROAD,
VARIANCE—7:05 P.M.-7:58 P.M.
Elizabeth Hannaford,Applicant,and Herb Baldwin,Landscape Architect,were present.
Curtis stated the applicant is requesting 0-75-foot and 75-250-foot hardcover variances as well as a lake
setback variance in order to replace the existing lakeside deck with a new,lower-profile deck and remove
hardcover within the 0-75-foot zone. The existing deck encroaches almost completely into the 75-foot
setback as a result of the location of the home,which has existed on the property since 1954. The
applicant is proposing to remove the existing deck as well as a two-foot wide concrete path to the lake
and other miscellaneous hardcover.
Planning Staff recommends approval of variances in order to rebuild the lakeside deck and rear entry
stoop;however,the applicant should be directed to reduce both the size of the deck and the level of
hardcover on the property as a whole.
Staff recommends denial of the lake setback variance to allow a greater encroachment towards the lake.
Baldwin stated this project began with the issue of the deck and its need for repair. It was a pre-existing
deck at the time the Hannafords purchased the property approximately 11 years ago. Both decks are in
need of repair. The Hannafords are planning to remove the existing cedar decking and would be using �
ironwood,which is an extremely hard and serviceable deck and will probably outlast the house. The deck
is one of the things the property owners feel is important to the property. Baldwin indicated the
Hannafords have a large family and use the entire deck.
Baldwin illustrated on the overhead the access to the proposed deck and the deck that exists. Baldwin
stated what currently happens is that the traffic is funneled onto the walkway and that they are proposing
to lower the profile of the deck another six inches and utilizing wider steps to allow the people access to
the grass at all points along the deck rather than focusing the traffic in one area. The amount of hardcover
would be reduced from what currently exists.
Baldwin explained the dry, stacked bluestone walls that currently exist are not retaining walls and are
there as buffers. Baldwin indicated privacy is a problem and they are proposing a low wall with some
PAGE 8
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MINUTES OF THE
ORONO PLANI�TING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford,Continued)
strategic lighting to provide save access down the steps. Baldwin noted the city engineer expressed a
concern about the retaining walls,but again indicated those are not retaining walls.
Baldwin stated they would provide more detailed plans as they go further into the review process and
would be complying with all the requirements of the City. If necessary,Baldwin indicated they could
possibly shorten the tread and eliminate one step.
Baldwin stated the applicants have been negatively impacted by the lack of parlcing on the street and
request that the driveway be kept as is. A rain garden would be incorporated to help with the drainage.
Existing and proposed diagrams of the deck were illustrated on the overhead.
Mrs.Hannaford stated they purchased the house in 1999, and approximately four years ago embarked on
substantial renovation of the first floor. They are committed to restoration of the house and have
periodically replaced boards on the deck but the time has come that the deck needs to be replaced.
Hannaford noted her sister-in-law last year fell through the deck given the very deteriorated condition of
some of the deck boards. Hannaford indicated they spend a considerable amount of time on the deck in
the summertime and their proposed plan is more consistent with the neighborhood and would be more
aesthetically pleasing. Hannaford noted the overall hardcover on the lot is being reduced with the new
plan.
Hannaford stated they are very reluctant to reduce their driveway given the amount of construction that
has been ongoing in their neighborhood,the lack of parking on the street, and the size of their family.
Bremer opened the public hearing at 7:12 p.m.
There were no public comments regarding this application.
Bremer closed the public hearing at 7:12 p.m.
Jurgens concurred the deck is in need of replacement,but that he does have an issue with the driveway.
Jurgens recommended the width of the driveway be reduced to 18 feet the entire length,which would
allow for some parking but would reduce the hardcover. Jurgens stated the area where the driveway
meets the roadway could be redesigned,which would eliminate a considerable amount of hardcover.
Mrs.Hannaford stated she is not opposed to the concept of reducing the driveway but would like to
maintain all the parking along the perimeter. '
Jurgens stated the 18-foot width should allow parking as well as ingress and egress.
Baldwin stated the tighter the turn is made,the more difficult time cars would have maneuvering the
curve. Baldwin noted the front entrance of the home would be relocated further north.
Bremer inquired whether the circular driveway could be eliminated.
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MINUTES OF THE
� ORONO PLANNING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford, Continued)
Hannaford stated there is a giant maple tree in the middle of the circle.
Baldwin stated the circular driveway works more efficiently than a hammerhead type of driveway.
Bremer concurred with the suggestions concerning the driveway made by Commissioner Jurgens since it
would reduce the hardcover.
Hannaford noted the driveway is also in need of replacement but they would like to do that proj ect
sometime in the future.
Gaffron inquired when the deck would be replaced.
Baldwin stated they are hoping to commence work this fall. �
Rahn stated the bigger issue for him is for the further encroachment of the deck into the 0-75-foot area
and that the deck could be redesigned to lessen the encroachment into the 0-75-foot zone. Rahn noted the
deck currently encroaches ten feet and a hardship has not been demonstrated for the deck to encroach
further into the 0-75-foot zone. Rahn pointed out the Planning Commission has to make its decisions for
variances based on hardships.
Baldwin stated if the steps were reduced,it would lessen the encroachment slightly.
Kempf stated he is inclined to agree with the comments of the other Commissioners and that the driveway
should be reduced to 18 feet in width,with no further encroachment of the deck into the 0-75-foot zone.
Bremer commented she would be willing to allow a further encroachment of the deck based on the
removal of the two-foot concrete path along with the other proposed hardcover reductions,which is to the
benefit of everyone and would reduce the hardcover in the 0-75-foot zone. Bremer pointed out the
applicants are entitled to replace the deck without appearing before the Planning Commission.
Hannaford stated the existing deck is used for the seating of large gatherings. One of the design theories
behind the steps is that people could congregate on the steps, serve as overflow seating, allow the people
to face the lake, and materially improve the use of the property by having the steps.
Kroeger inquired whether some of the upper surface of the deck could be reduced.
Baldwin stated if the riser ratio is increased,the steps would not be as safe,but it would eliminate the
need for one step. Baldwin stated the proposed design of the deck is more sensitive to the lake by
maintaining the grassy area in front of the lake.
Rahn inquired how the stairs would be constructed.
Bremer stated the stairs are being constructed in such a way that there would be a four-foot encroachment.
PAGE 10
MINUTES OF THE
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Monday,August 21,2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford,Continued)
Baldwin illustrated on the overhead the proposed layout of the stairs.
Rahn stated the survey says the existing deck is 18.5 feet by 37 feet,and if there were a four-foot
reduction in the width of the deck,the stairs would not need to increase the encroachment further into the
0-75 foot zone.
Baldwin stated they are attempting to maintain the existing character of the structure but they would be
willing to compromise somewhat.
Kempf stated if the stairs going down from the deck to the closest portion of the lake were eliminated,he
would not be opposed to the deck since it would not increase the encroachment of the deck towards the
lake.
Hannaford stated there is a very large tree located in that area where the steps currently are.
Baldwin stated they would argue for the preservation of some hardcover that currently exists in the area
of the tree in an effort to help protect the tree.
Jurgens stated he could envision the removal of one tread given the width of the deck. Jurgens stated if
the deck were reduced to 14 feet by 27 feet,the footprint would be approximately the same as what
currently exists and there would be no further encroachment into the 0-75 foot zone. Jurgens commented
he likes the design of the deck but that he has a difficult time increasing the encroachment of the deck.
Bremer stated the applicants could table their application to redesign their plans or ask the Planning
Commission to vote on the matter and proceed before the City Council. Bremer commented she would be
in favor of a partial encroachment but that it appears the rest of the Planning Commission is not in favor
of the encroachment.
Hannaford pointed out their proposal results in a reduction of the hardcover overall on the lot.
Bremer stated she would be in favor of the further encroachment given the overall reduction in hardcover.
Jurgens stated increasing the setback encroachment sets a precedent and that a 14 x 27 foot deck is
functionable and does not constitute a hardship.
Kroeger indicated he is in agreement with Commissioner Jurgens on reducing the size of the deck and
that the driveway does not have to be reduced at this time.
Rahn also concurred that the driveway does not need to be reduced at this time.
Kempf indicated he is opposed to increasing the encroachment since there is not a hardship.
PAGE 11
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ORONO PLANIVING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford,Continued)
Bremer inquired whether the applicant would like the application tabled or voted on tonight. Bremer
stated the Planning Commission could recommend that the deck be reduced to stay within the current
footprint and the application would proceed forward to the City Council.
Baldwin requested the Planning Commission allow for a landing in the area of the tree. Baldwin noted
they are removing a considerable amount of hardcover with their proposal.
Gaffron stated if the application were tabled, a revised plan would need to be submitted at least two
weeks prior to the next Planning Commission meeting. Gaffron stated if the revised plan meets the
approval of Staff,the application could proceed forward to the City Council.
Jurgens moved,Kroeger seconded,to recommend approval of Application#06-3220,Herb Baldwin
on behalf of Jule and Elizabeth Hannaford, 1220 Bracketts Point Road,subject to the condition
that there will be no further encroachment of the deck than what currently exists, and with the
understanding that the hardcover removals as proposed by the applicant be completed,with no
reduction in the driveway.
Baldwin inquired whether a landing would be allowed.
Jurgens stated he is requesting the same reductions in hardcover as proposed by the applicants in his
motion but that the proposed deck would need to be reduced to meet the existing footprint. Jurgens stated
the applicant would have the ability to incorporate a landing into the deck but the landing would count
towards the existing footprint.
Hannaford commented if she wants to change the design of her deck and she is required to reduce the size
of the deck and comply with the hardcover reductions, she is unsure why she would pursue that path
when she can just simply replace the deck.
Bremer stated the motion allows the applicant to design a deck that fits within the footprint of the existing
deck.
VOTE: Ayes 5,Nays 0.
7. #06-3223 MICHAEL AND STACHIA FEY, 1570 LONG LAKE BOULEVARD,
VARIANCE,7:58 P.M.—8:10 P.M.
Michael and Stachia Fey,Applicants,were present.
Turner stated the applicants would like to replace the existing house and are requesting the following
variances: .
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Monday,August 21,2006
6:00 o'clock p.m.
(#06-3223 Michael and Stachia Fey, Continued)
l. A lot area variance to allow.34 acre when two acres is required;
2. A lot width variance to allow 102 feet when 200 feet is required;
3. A rear setback variance to allow 30 feet when 50 feet is required;
4 A 22-foot setback variance from the east property line when a 30-foot setback is required;
5. A 21-foot setback from the west side property line when a 30-foot setback is required;
6. A 36.6 percent hardcover in the 250 to 500 foot zone when the maximum is 30 percent.
The applicants have reduced the size of the proposed house to meet the 15 percent structural coverage
limit and have narrowed the driveway. By shifting the house closer to the street,the hardcover variance
could be eliminated. In addition,Long Lake Boulevard drains to catch basins that drain to the lake. In
Staff's opinion it would be more beneficial to detain the driveway runoff on-site rather than shifting
hardcover into the 75-250 foot zone.
Planning Staff recommends approval of the variances subject to a 28 square foot reduction in hardcover
and the driveway runoff being diverted into a rain garden or otherwise detained on-site. .
Mr.Fey inquired whether the 28-foot reduction could be done on the backup pad.
Turner stated that would take care of the issue with the hardcover.
Mrs.Fey inquired whether the house could be moved forward to help address the hardcover issue.
Turner stated if the house were moved forward,the driveway would be reduced.
Bremer pointed out that relocating the house forward would impact the front setback but would lessen the
driveway hardcover.
Mrs.Fey inquired where the rain garden would be.
Turner recommended the applicants consider a swale area near the road,which could simply be a
depressed area in the grass or a rain garden.
Bremer inquired whether the City Engineer has reviewed this and is recommending the rain garden.
Turner indicated she has made that recommendation.
.Mrs.Fey indicated the location of the new driveway is in basically the same position as the current
driveway.
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Monday,August 21,2006
6:00 o'clock p.m. '
(#06-3223 Michael and Stachia Fey,Continued)
Jurgens commented rain gardens in general help reduce runoff to the neighbors and the roadway.
Rahn stated the driveway could also be sloped slightly to help divert the water into the swale or rain
gaxden.
Bremer opened the public hearing at 8:08 p.m.
Sean Hendrickson, 1580 Long Lake Boulevard, indicated he is in support of this project.
Bremer closed the public hearing at 8:08 p.m.
Bremer commented she likes the revisions and that the two outstanding issues have been addressed �
tonight.
Kempf stated he would like to see a rain garden incorporated into the plan
Bremer moved,Rahn seconded,to recommend approval of Application#06-3223,Michael and
Stachia Fey,1570 Long Lake Boulevard,granting of setback and hardcover variances,subject to
the following conditions: One,reduction in hardcover by 28 square feet; two,the runoff from the
driveway being diverted into a rain garden or otherwise detained on-site; and three,no additional
hardcover in the 75-250 foot zone. VOTE: Ayes 5,Nays 0.
7.5 #06-3221 SEAN AND NICOLIE HENDRICKSON, 1580 LONG LAKE,8:10 P.M.—8:21
P.M.
Sean Hendrickson,Applicant,and Tony Jeffries,Builder,were present.
Turner noted this application appeared before at the July Planning Commission meeting where it was
tabled to allow the applicants time to revise their plans. The applicants are proposing to construct a
replacement residence and are now requesting a setback variance to allow a front setback of 30 feet when
50 feet is required and side setbacks of 10 feet and 11.3 feet when 30 feet is required. The proposed
footprint will be 1,500 square feet. The arrangement minimizes hardcover by putting the garage to the
front. The house would be two stories with a basement,with a side-loading garage.
Planning Staff recommends approval of the footprint subject to maintainingl0-foot side setbacks and a
30-foot front setback.
Hendrickson stated they have tried to meet all the recommendations of the Planning Commission.
Jeffries stated one of the issues was the side-loading garage in the back,which has been revised. Jeffr-ies
pointed out where they will likely change the footprint slightly to increase the footprint to 1,500 feet.
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Monday,August 21,2006
6:00 o'clock p.m.
(#06-3221 Sean and Nicolie Hendrickson,Continued)
Rahn inquired whether the driveway is being decreased with the modifications.
Jeffries stated the driveway has been decreased. 7effries stated they could also change another portion of
the driveway slightly to reduce the angle of the driveway.
Bremer suggested the applicant work with Staff on that item. Bremer inquired whether Staff is okay with
having the Planning Commission vote on the revised plan that is before them tonight.
Turner stated that is fine.
Bremer opened the public hearing at 8:15 p.m.
Mr.Fey, 1570 Long Lake Boulevard,indicated they are in favor of the proposal.
Bremer closed the public hearing at 8:16 p.m.
Jurgens inquired whether any hardcover variances are being requested.
Turner stated the intent of this review is that of a concept plan and the application would be back before
the Planning Commission once a more detailed plan is finalized.
Jurgens stated he does not have a problem with the setback variances but that he does not want to see this
application proceed before the City Council without the hardcover being finalized.
Bremer inquired whether the applicants were aware that this is only a concept plan review.
Jeffries stated he was not aware of that.
Kroeger inquired whether hardcover calculations have been completed.
Jeffries indicated they originally did hardcover reductions but they have reduced the hardcover with the
revisions.
Turner stated Staff was ready to recommend approval of the footprint but that the applicants would need
to submit formal hardcover calculations.
Bremer stated it is the Planning Commission's practice to approve a 1500 square foot footprint with
minimal hardcover and that she is not opposed to forwarding this application to the City Council. Bremer
noted the City Council would need more formal plans and hardcover calculations. Bremer encouraged
the applicants to consider revising their driveway somewhat.
Jeffries indicated they are in agreement with that suggestion.
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MINUTES OF T�
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Monday,August 21,2006
6:00 o'clock p.m. �
(#06-3221 Sean and Nicolie Hendrickson, Continued)
Rahn moved,Kempf seconded,to recommend approval of Application#06-3221,Sean and Nicolie
Hendrickson, 1580 Long Lake Boulevard,granting of setback coverage variances as depicted on the
newly revised plan. VOTE: Ayes 4,Nays 1,Jurgens Opposed.
Jurgens indicated he is not comfortable with moving this application forward to the City Council without
a complete plan review by the Planning Commission.
8. #06-3224 THOMAS AND REBECCA LOWE,3295 CARMAN ROAD,VARIANCE
Bremer moved,Kroeger seconded,to table Application#06-3224,Thomas and Rebecca Lowe,3295
Carman Road. VOTE: Ayes 5,Nays 0.
9. #06-3225 875 WBW,LLC,875 WAYZATA BOULEVARD WEST,SUBDIVISION,
8:22 P.M.—9:32 P.M.
Steve Johnston of Landform, and David Carlson of WBW,LLC,were present.
Gaffron stated the applicant is requesting approval for a nine-unit residential development on this former
New Horizons daycare site. The property is the subject of a comprehensive plan amendment to allow
density of approximately 1.4 units per dry buildable acre,where the current density maximum is 0.5 units
per acre. This amendment has received preliminary Council acceptance and will be on the Council's
agenda for action on August 28`�'. The Council is expected to take formal action to conditionally adopt
the amendment on August 28 and direct Staff to forward it to Metropolitan Council for approval.
The Park Commission made a recommendation to require park dedication fees and not a land dedication.
Gaffron stated the intent of this review is to provide direction to the applicants and that no formal action
is required. The draft CMP amendment is intended to apply to just the applicant's property and no others.
It should be noted that in addition to the permitted, conditional and accessory uses allowed within the
RR-1B zoning district,this amendment allows for residential development of the property at a density of
one unit per 0.70 dry buildable acres(1.43 units per acre). It then goes on to establish parameters for any
residential development of the property at a density greater than 0.5 units per acre of dry buildable land.
Those include the following:
1. Such development shall be subject to the PUD development process and shall be rezoned to
RPUD Residential Planned Unit Development. The entire property shall be developed as a single
PUD project.
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Monday,August 21,2006
6:00 o'clock p.m.
(#06-3225 875 WBW,LLC,Continued)
2. The maximum number of dwelling units on the property shall be nine.
3. The dwelling units shall be single-family detached dwellings with a low profile, limited to one-
story plus basement,and of an architectural style that blends with the natural surroundings.
Gaffron noted that Council did not wish to place a limit on roof slope or other design parameters in the
Comprehensive Plan,but indicated that dormers within roof systems would be okay,but 1-1/2 story
designs would not be accepted.
4. The development shall be served with municipal sewer and water. It will be the developer's
responsibility to procure sewer and water service for development of the property.
5. The development shall adhere to all regulations of the C"ity with respect to wetland protection.
6. The development shall adhere to the principals of Conservation Design as established through the
Orono Rural Oasis visioning process completed in 2005 and scheduled to be codified in 2006-
2007.
7. Site development shall be designed and constructed in such a manner that projects a rural
character as viewed from Old Highway 12 a motorists enter the cities of Orono and Long Lake
from the east.
8. Site development shall be designed and constructed in such a manner that minimizes the visual
impact of density as viewed from the Luce Line Trail.
9. Site vehicular access shall be via a single connection to (Old)Highway 12.
Staff does not feel that these requirements are particularly problematic;however,the applicant shall pay
particular attention to Item 4, as this will require coordination with Long Lake, and Item 6,which will
require that applicant engage the appropriate consultants to prepare a Conservation Design Master Plan
for the development.
The Planning Commission should review the RPUD development standards for single-family detached
dwellings at medium density and should consider whether there are any specific standards that need
special consideration for the proposed development.
Additional items for consideration by the Planning Commission include the following:
1. The potential impacts of this development on Luce Line Trail users; ability to mitigate those
impacts.
2. Consider the pros and cons of individually owned wetland segments versus a dedicated wetland
outlot owned and managed by the homeowners association.
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MINUTES OF THE
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• Monday,August 21,2006
6:00 o'clock p.m.
(#06-3225 875 WBW,LLC,Continued)
3. The proposed 20-foot roadway width is substantially less than the 28 feet width required by the
subdivision code for private roads serving more than seven homes.
Gaffron noted the City Engineer has indicated in his memorandum that City Code requires that all private
streets that serve more than seven units be paved to a minimum width of 28 feet.
Carlson addressed the Planning Commission regarding this application,noting that they have reduced the
number of town homes being proposed from ten to nine to help address the concerns expressed by the
Council regarding the massing on the site. Carlson indicated the empty-nester market is being pursued
with this type of development and the units would be wheelchair accessible. The exteriors will be
conshucted with cedar siding.
Carlson noted the soil conditions on Lot 1 do not allow for a walkout or a basement,which requires them
to construct a room within the attic space. Carlson stated their plans are in the process of being finalized.
Johnston stated the idea behind the zero lot line is that outside the front door is the full yard between the
one unit and the neighboring unit. The side with the zero lot line would be constructed with higher
transient windows to provide additional privacy.
Johnston stated they are looking at an outlot for the main street area,which could be continued out into
the wetland if this is the recommendation of the Planning Commission.
Johnston stated the principles of conservation design were not listed on the City's web site and he would
request some more direction on that aspect.
Gaffron noted that ordinance has not yet been formally adopted by the City Council and has not yet been
placed on the City's web site. Gaffron indicated he would be able to provide Mr.Johnston with some
information concerning the principles.
Johnston stated they would be utilizing rain gardens to do the initial treatment on the stormwater runoff
and the rain gardens would be connected with a final overflow to a pond located on Lot 1. The City
Engineer has confirmed that the runoff rates are being reduced with this plan. Native plantings will be
utilized away from the homes. Johnston indicated he would review the principles of conservation design
to see if further modifications are necessary.
Johnston stated as far as the PUD requirements,this development would be considered single-family
detached. Johnson stated although a 15,00 square foot lot area is not met on every lot,the average lot size
is considerably more than that. The 90-foot width is not necessary in this layout since the maj ority of the
buildings will be 40-foot wide.
Johnston indicated they would work on the setbacks. The town homes have three car garages,plus room
in front of the garages to park three additional cars. Johnston indicated in Stonebay the streets were 21.5
feet with no curb,which is essentially the same width of this roadway. Johnston stated 20 feet is the
minimal amount allowed by fire code and that a 28-foot roadway width is not necessary in this situation
PAGE 18
MINUTES OF THE •
ORONO PLANNING COMNIISSION
Monday,August 21,2006
6:00 o'clock p.m.
(#06-3225 875 WBW,LLC,Continued)
since it would add more hardcover on the site. Johnston noted some bump-out areas could perhaps be
incorporated if necessary.
Johnston indicated a retaining wall was considered in place of the 1:1 slope near the Luce Line because
they had concerns with the closeness to the horse trail but it was determined that the 1:1 slope would be
more aesthetically pleasing and safer.
Bremer opened the public hearing at 8:47 p.m.
There were no public comments regarding this application.
Bremer closed the public hearing at 8:47 p.m.
Bremer commented she likes the revisions that have been made to the plan and that the only issue in her
mind is the RPUD standards. Bremer stated as it relates to the minimum lot size, she would be supportive
of allowing a few lots to be less than the required 15,00 square feet.
Jurgens questioned whether the outlot to the wetlands would adversely impact the lot lines but that he
would prefer the wetlands be included in the outlot since joint ownership of the wetlands helps to deter
people from using that area.
Bremer inquired whether the smaller lot size would impact the marketability of this development.
Carlson stated the smaller lot sizes are harder to market and that he prefers larger lots.
Kempf indicated he also is not opposed to the proposed lot sizes and that he would like to see the
wetlands included in the outlot.
Kroeger stated he is in favor of the zero lot line. ,
Bremer stated she has a concern with how the side of the units would be maintained with the zero lot line.
Gaffron inquired whether windows would be allowed on that side of the house if there is a zero lot line.
Rahn stated typically there are zero openings within three feet of a lot line and that windows on that side
would be difficult. �
Carlson stated the windows are designed to be transient windows and would be located up higher.
Rahn stated the walls would need to be rated with a zero lot line.
Carlson stated the concept is as you look out the front,there would be landscaping and other amenities
and the owner basically would not see that side of the house.
PAGE 19
MINUTES OF THE
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Monday,August 21,2006
6:00 o'clock p.m.
(#06-3225 875 WBW,LLC, Continued)
Kempf inquired whether the only windows would be the higher transient windows.
Carlson indicated that is their intention.
Jurgens stated there are issues with the Fire Code that would have to be addressed.
Kempf indicated he is in agreement that the wetlands be included in the outlot.
Kempf commented that the neighbor buffer would be taken away with the zero lot line and that he does
not see the advantage to it.
Carlson stated the advantage relates to the interior layout of the units and that there would be essentially a
wall there with the transient windows located up higher.
Gaffron stated a three-foot separation may be necessary to have transient windows.
Rahn stated there are issues with a zero foot lot line and suggested the applicants consider at least three
feet between the units.
Johnston stated the building code is the biggest issue with the zero lot line.
Kroeger inquired whether there would be an egress issue with the zero lot line.
Carlson stated the bedrooms would be located on the other side of the unit and that egress may be an issue
if someone would like to put a bedroom in that area.
Gaffron pointed out Unit 8 is right up against a steep slope and that he has a concern there is not going to
be ample screening from the Luce Line.
Kempf indicated he did walk the Luce Line this afternoon and that there are a number of houses that are
very close to the Luce Line that do not have much screening. Kempf stated there are also power lines that
run between this property and the Luce Line and that it appears the view from the Luce Line is not a
significant issue given the elevated power lines and the lower rooflines.
Jurgens inquired whether the Planning Commission would prefer a vegetated slope versus a retaining
wall.
Kroeger commented that walls tend to be more dangerous.
Rahn inquired whether the slope at its steepest is a 1:1 slope.
Gaffron stated there is a 1:1 slope for approximately 15 feet.
PAGE 20
MINUTES OF THE
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. Monday,August 21,2006
6:00 o'clock p.m.
(#06-3225 875 BWB,LLC, Continued) �
Jurgens commented there is not much vegetation along the Luce Line presently and that the power line
easement may limit a person's ability to put vegetation in that area.
Johnston stated the easement is located entirely within the right-of-way of the Luce Line.
Bremer commented in her view the property owners would prefer the screening.
Jurgens stated he would prefer a slope with vegetation rather than a wall.
Bremer inquired whether the Planning Commission is agreeable to a maximum of 30 feet building height.
Carlson stated the building height would be 28 feet.
Jurgens stated it was his understanding there would be a restriction on the peak height in the
comprehensive plan amendment.
Gaffron stated the Council elected not to include that restriction in the comprehensive plan amendment
and that they would like that item to be discussed in conjunction with the approval process.
Jurgens stated he would like the roof pitch not to exceed 12/12. .
Gaffron concurred that the pitch peak should be discussed in conjunction with the approval process. �
Bremer inquired whether the Planning Commission is okay with a depth of at least 20 feet.
Gaffron stated that is not an issue since all the units meet that requirement.
Bremer inquired whether there would be any accessory structures.
Carlson indicated there would not be.
- Bremer commented the little bump-outs along the roadway work nice in Stonebay and suggested the
applicant consider adding those in this development.
Johnston stated they would look at that. Johnston noted the middle of the development consists of a rain
garden.
Gaffron inquired whether there would be two-way traffic in the circle.
Johnston stated there could be two-way traffic.
Jurgens suggested that perhaps the roadway in that area be increased to 24 feet.
PAGE 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
(#06-3225 875 WBW,LLC, Continued)
Johnston stated the circle basically allows vehicles to turn around.
Gaffron questioned whether the three lots that share one driveway should be revised.
Johnston stated they would look at that. Johnston indicated they have tried to minimize the number of
units that have garage doors that face the street and that approximately half of the garages are side-
loading garages.
Gaffron suggested the driveway for Lot 3be revised slightly.
Johnston stated they would look at that.
Bremer commented the circle might work better if it were located further away from the houses and that it
might create some congestion being located in close proximity to the units.
Johnston stated they could relocate the circle further away from the units. Johnston pointed out that to the
east of the circle is a berm that is proposed to be constructed eight feet higher than the circle so the circle
would not be visible from old Highway 12.
Jurgens inquired whether the circle could be utilized for parking somehow.
Johnston stated they need to maintain 20 feet clear for fire access but that there might be some areas
where parking could be accomplished.
Kempf expressed a concern regarding the close proximity of the sewer lift station to some of the units.
Johnston stated the lift station is next to the road and that if it is located further away from the road, a
driveway would need to be constructed. Johnston stated he would look at that issue but that they are
limited in where the lift station could be located.
Jurgens stated there are carbon filters and other alternatives that could be looked at to handle odors if it
becomes an issue. Jurgens inquired whether this would be a city lift station.
Johnston stated the City Engineer has indicated it would be a private lift station. Johnston stated the main
issue is to design a small enough lift station to handle the flow adequately. '
,
Rahn stated the driveways for Lots 3,4, 5 and 8 could be reconfigured in a better manner and that some
bump-outs should be incorporated.
Johnston stated he does not have any major issues with the recommendations of the City Engineer except
for the eight-inch water main. Johnston indicated he would speak with the City Engineer regarding that
item.
The Planning Commission took no formal action on this item.
PAGE 22
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
PLANIVING COMMISSION COMMENTS
10. REPORT OF PLANTTING COMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS JULY 24 AND AUGUST 14,2006
Kempf stated he attended the July 24 City Council meeting and reported that a large number of the
applications were placed on the Consent Agenda. Kempf stated the application on Old Crystal Bay Road
had a neighbor who requested that the Council approve a wider driveway and that the Council eventually
approved a slightly wider driveway down towards the roadway. The McNaughton application was
approved but the Council required that the applicant reappear before the Council at the time building
plans are finalized in order to obtain a lot area variance.
Jurgens stated he attended the August 14,2006 City Council meeting and reported that very few items
were placed on the Consent Agenda. Jurgens indicated there were two applications that differed from the
amount of hardcover approved,with one of the applications referred back to the Planning Commission for
an after-the-fact variance on the stairs. Jurgens noted the Council approved the Schmitt application even
though the Planning Commission had recommended that the plans be redesigned.
Gaffron noted that the Council also directed the Stonewood applicant to revise their plans and that this
item would be discussed at a joint work session with the Planning Commission and City Council.
11. OT�R ISSUES FOR DISCUSSION
None
12. PLANNING COMMISSION APPROVAL OF MINUTES FOR JULY 17,2006
Jurgens moved,Rahn seconded,to approve the minutes of the July 17,2006 Planning Commission
meeting as submitted. VOTE: Ayes 5,Nays 0.
13. SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON
AUGUST 28 AND SEPTEMBER 11,2006
August 28—Rahn
September 11 —Bremer
PAGE 23
MINUTES OF T�
� ORONO PLANNING COMMISSION
Monday,August 21,2006
6:00 o'clock p.m.
ADJOURNMENT
Rahn moved,Jurgens seconded,to adjourn the Orono Planning Commission meeting at 10:02 p.m.
VOTE: Ayes 5,Nays 0.
Cynthia Bremer, Chair
' PAGE 24