HomeMy WebLinkAbout05-04-2007 Council MinutesORONO CITY C
Monday,
7:00 o
ROLL CALL
The Orono City Council met on the above - mention
James White, Council Members Lili McMillan, Jin
Representing Staff were City Administrator Ron N
Melanie Curtis and Evelyn Turner, City Attorney
Recorder Jackie Young.
OF THE
rNCIL MEETING
y 14, 2007
ck p.m.
d date with the following members present: Mayor
Murphy, Cynthia Bremer, and David Rahn.
gorse, Planning Director Mike Gaffron, Planners
Oren Mattick, City Engineer Tom Kellogg, and
Mayor White called the meeting to order at 7:00 pp'., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 3, 4, 17, 18, 19, and 21 were added to the Consent Agenda.
McMillan moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
A
*2. REGULAR COUNCIL MEETING OF PRIL 23, 2007
McMillan moved, Rahn seconded, to approve the minutes of the April 23, 2007 City Council
meeting as submitted. VOTE: Ayes 5, Nays 0.
*3. RECONVENED LOCAL BOARD OF PEAL AND EQUALIZATION OF APRIL 30,
2007
McMillan moved, Rahn seconded, to approve the minutes of the Reconvened Local Board of
Appeal and Equalization of April 30, 2007, as submitted. VOTE: Ayes 5, Nays 0.
*4. SPECIAL COUNCIL MEETING OF APRIL 30, 2007
McMillan moved, Rahn seconded, to approve the minutes of the Special Council meeting of
April 30, 2007, as submitted. VOTE: Ayes 5, lYays 0.
PLANNING COMMISSION COMMENTS — KIM KANG
Kang stated she had nothing to report but would be available for questions. Y
PUBLIC COMMENTS
Terry Johnson, 543 Park Lane, addressed the City :Council regarding a couple of issues that have arisen
with his construction project that was approved by the City back in December.
•Curtis noted that finalized building plans were not attached to the resolution adopted by the City in
December.
PAGE 1
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007 •
7:00 o'clock p.m.
R
(Public Comments — Terry Johnson, Continued)
Murphy questioned whether this matter should be discussed with Staff rather than with the City Council.
Johnson indicated he did speak with Planner Curtis and a couple of the Council members. The first issue
deals with the overhang being 24 inches rather than 18 inches and that as a result, it encroaches into the
side yard setback. The 24 -inch overhang has always been included on their plans from the beginning of
their application. The second issue relates to the stoop on the left side of the stairway, which goes out 19
inches into the 10 -foot setback.
Johnson stated they had the understanding that their building plans had been approved and that
they did not realize these two items were an issue until they went to apply for a building permit. Johnson
stated the overhang encroaches four to five inches.
Curtis stated the City allows 18 inches to extend into the setback to accommodate roof drainage and that
anything further than that must meet the setback.
Johnson reiterated that these two items have been included on all of their plans and was never brought up
as an issue.
McMillan inquired whether Staff reviews all of the tiny details of a building plan.
Curtis stated Staff does attempt to review all of the details of the plan and that it becomes difficult when
they have to review multiple reiterations of plans. Staff's biggest concern with this property dealt with
the height of the home and the number of stories. Curtis stated there were no building plans attached to
the resolution because the plans were to be changed and that it was the understanding of 'Staff that once a
plan was approved for height, grading and the number of stories, they would bring that before the Council
if necessary.
McMillan stated it is her understanding that at the time the applicants obtain their variances, the
applicants are required to modify their plans to comply with the variances granted.
Curtis stated the building plans need to meet the requirements contained in the resolution.
Rahn inquired whether there is a legal encroachment with the stairway.
. -r x
Curtis stated if it exits into the setback, it would be allowed.
Johnson stated they had the understanding that these were final plans and that they have not changed
since December. Johnson stated they have already ordered the materials and that the two -foot overhang is
more aesthetically pleasing and would help with potential mold issues. Johnson noted most other cities
allow a two -foot overhang.
Murphy stated shortening the overhang would also impact the pitch of the roof.
Bremer stated the overall height of the structure could be changed rather than the pitch of the roof. 0
Rahn stated two feet is a standard overhang.
PAGE 2
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ORONO CITY (
Monday,
7:00 o
(Public Comments — Terry Johnson, Continu
Murphy inquired whether there would be any is
Johnson stated the neighbors have reviewed the
Bremer stated she is not aware of a side yard se
would be an encroachment.
Johnson stated the stairway encroaches
S OF THE
IUNCIL MEETING
lay 14, 2007
lock p.m.
with runoff given the two -foot overhang.
and they have signed off on the project.
being granted in the resolution and that the stairway
:ely 19 inches into the setback.
Curtis stated the applicant did submit plans this morning showing a straightened stairway, which does not
encroach into the setback.
Murphy stated he is in favor of the revised stairway and allowing the two foot overhang.
Rahn stated he is in agreement with Council Member Murphy.
Bremer inquired how Staff was not aware of the two -foot overhang.
Johnson stated their plans have always depicted the, two feet.
Bremer stated in the City of Orono 18 inches is the
overhang relates to drainage, massing, and peak he
have been aware of this.
Johnson reiterated that the 24 -inch overhang has
beginning.
Rahn stated it sounds like the building plans were
process. Rahn commented he does not remember
Commission.
Murphy stated in his view this matter should be rf
during the public comments section of the meetin
lard overhang and that the restriction on the
Bremer stated she is unsure how Staff could not
been depicted on their plans right from the
submitted as they went through the application
.ewing this application while he was on the Planning
in more detail by Staff rather than discuss it
McMillan commented it appears that the Council is in agreement with the straightened stairway and that
the overhang issue is a little more complicated.
Mattick stated the overhang was not part of the original variance application and that the applicant would
need to submit a variance application for the overhang. Mattick stated what was approved by the Council
does not include the two -foot overhang. -
Ralui inquired whether a building permit could be granted. Rahn stated it is not a big issue to cut back the
rafters. I
Mattick stated a conditional variance could be app ' ved but that the variance would need to go through
the application process.
PAGE 3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m.
(Public Comments — Terry Johnson, Continued)
White stated the applicant also has the option of modifying his overhang to the 18 inches.
White noted the Council is not able to administratively approve the variance without it going through the
proper process.
The City Council took no formal action on this item.
ZONING ADMINISTRATOR'S REPORT
5. #06 -3225 875 WBW LLC, DAVID CARLSON, 875 WAYZATA BOULEVARD WEST —
SUBDIVISION/RPUD/REZONING
David Carlson of WBW, LLC, and Steve Johnston of Landform Engineering, were present.
Gaffron stated the applicants are requesting concept plan and preliminary plat approvals for a nine unit
Residential Planned Unit Development on this 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 item was informally reviewed by the Planning Commission in August and November 2006, and
tabled pending Metropolitan Council approval of the CMP amendment. The CMP amendment received
City Council approval on August 28, 2006, but was held up by the Metropolitan Council primarily due to
concerns over Orono's recent development density. Staff is now anticipating Metropolitan Council
approval of the CMP amendment in late May. The application for preliminary plat and concept plan
approvals was formally reviewed by the Planning Commission on April 16, 2007, and received a 5 -0 vote
on a recommendation for concept plan approval.
Gaffron stated the Metropolitan Council staff was provided with information indicating that when
undevelopable and easement - encumbered land was removed from the calculation, Orono's overall
severed development average density since 2000 was 3.4 units per acre. The applicant provided an
analysis to show that by excluding certain land types from the calculation per Metropolitan Council
guidelines, the three units per acre standard might be met. The Metropolitan Council concluded that this
project would reduce Orono's overall sewered development density to 3.3 units per acre, still above the
3.0 threshold.
Gaffron recommended the City Council discuss the following items:
1. With respect to guiding parameters in the CMP, the applicant has provided an overview of the
Conservation Design factors. Council should review the Conservation Design information
provided and consider whether it comprehensively addresses all identified concerns. Staff feels
that there should be a detailed implementation plan prior to final plat approval.
2. Ongoing discussions with Long Lake regarding provision of sewer and water to the property have •
yet to reach a formal conclusion. The applicants are prepared to gain such services from Wayzata
if necessary.
PAGE 4
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ORONO CITY C
Monday,
7:00 o'
( #06 -3225 David Carlson, Continued)
3. One significant revision between the Au
a three foot side building setback rather
applicant have recently been advised by
and two foot overhang setback will be r(
the site plan and plat drawings.
4. The site layout was revised to allow for ad
plans also include the appropriate wetland
Staff and the City Engineer continue to rec
Code. Applicants have proposed a 20 -fool
parking, storm water management, and im
ultimately required. The Fire Marshal has
No Parking. Parking on one side would re
require expansion to 32 feet.
OF THE
FNCIL MEETING
y 14, 2007
ek p.m.
t 2006 and November 2006 plans was to establish
i the zero -lot -line layout initially proposed. Staff and
Building Official that a five foot foundation setback
red. This will potentially result in minor revisions to
quate on -site parking for each residence. The revised
buffer setbacks. Road width remains a potential issue.
�mmend a 28 foot road width as required by .City
!road width and are prepared to discuss the issues of
)acts on building separation if the 28 foot standard is
indicated that a 20 foot roadway will have to be posted
quire a 24 foot road; parking on both sides would
5. In November, the Planning Commission discussed the potential impacts of this development on
the Luce Line and ways to mitigate those impacts. DNR review will be required -for any proposed
connections to the trail.
j
6. The preliminary plat has each lot extending through the wetland, with individual ownership of
wetland rather than association ownership.) The applicants feel this will help their marketing by
being able to sell larger lots. The City has approved plats and RPDs with wetlands both in
individual lots as well as in association -oed outlots. Council may wish to discuss the pros and
w
cons of each method. 7
7. Access to the site will be via the existing
and Hennepin County about a possible ro
and Wayzata Boulevard are ongoing. Ac
been an issue of late, and there may be fu
property.
8. The City Engineer and Fire Marshal have
Gaffron stated Staff is generally supportive of the i
expected to approve the CMP amendment on May
to be resolved, the basic concept and general site 1;
Plan Approval and Preliminary Plat Approval reso
David Carlson addressed the City Council regardi.
plans for each unit consist of cedar shingle siding,
each unit is handicap accessible. The lower level
the occupants and would also include a bathroom.
White requested the applicant address the points
;way access location. Discussions with MnDOT
about replacing the semaphore at Old Highway 12
to the Montessori School across Highway 12 has
access revisions that will affect the applicants'
the plans and have provided their comments.
unit development. The Metropolitan Council is
Although a variety of engineering details have yet
L appear to be sufficient to allow for a Concept
n to be drafted.
his application. Carlson stated the final building
deck, and an eight -foot walkout. The first floor of
each unit is designed to house guests or children of
by Staff.
PAGE 5
'I
MINUTES OF THE .
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m.
( #06 -3225 David Carlson, Continued)
Johnston distributed color photographs of the site depicting the views from Highway 12 and the Luce
Line. Johnston displayed plans illustrating the proposed landscaping for the site. Trees to be removed
include cottonwood and box elder trees. The canopy over the driveway would be retained.
Johnston stated the 20 foot road width was designed to help limit the impervious pavement on the site and
that there will be no curb and gutter. In addition, storm water ponds have been designed to handle the
runoff on the site. Johnston stated in their opinion the 28 foot roadway is not necessary and that they
would like to compromise at a 24 foot width.
Johnston stated they would include the wetland in an outlot, with a conservation easement over that
portion of the site, and that this development would be under the control of a homeowners association.
Johnston stated the lots will basically be one -acre lots.
Johnston stated sewer and water is still an outstanding issue and that if that item is not resolved sometime
this year, they would be requesting that Wayzata supply those utilities.
Murphy stated in his view the two cities are close to reaching an agreement on the sewer and water but
that he would recommend requesting sewer and water from Wayzata. Murphy stated the City of Long
Lake has requested that the City of Orono look at a user agreement for the people who utilize Long Lake
sewer and water and that it is likely those affected citizens would be required to pay a monthly charge for
those services.
Johnston stated they would be discussing with Staff the details regarding implementation of the
conservation design. Johnston indicated they are prepared to submit plans to the DNR for their review.
= McMillan inquired whether the trail would be paved.
Johnston stated a portion of the trail would be paved.
Murphy commented that it is likely that the DNR will not approve the blacktop.
Johnston stated in their view the blacktop is necessary due to the degree of the slope.
Rahn stated typically the narrower the road, the slower people tend to go and that if Staff is okay with the
amount of parking available on the site, the narrower road may be okay.
White noted that Staff is recommending a 28 -foot roadway.
Bremer inquired what the width of the roadway is for Brackett's Point that was recently approved.
•
Gaffron stated that roadway was approved at 20 feet but that it only services three homes. Gaffron stated
there are a variety of reasons why the City's code requires 28 feet, and that since this is not a through
road, he would not have a problem with reducing the width to 24 feet.
It was the consensus of the City Council that a 24 -foot roadway is acceptable. •
PAGE 6
i
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
• 7:00 0 �clock.p.m.
•
•
( #06 -3225 David Carlson, Continued)
White stated one issue that needs to be addressed is the roundabout.
Murphy stated the changes to that intersection wer
to make any changes to that intersection for a num
June 9, with construction commencing sometime i.
with the existing connection remaining. The City,
Montessori School, has requested that Mn/DOT cc
connection to this access road if the roundabout is
Johnston stated they are proposing access to the
Bremer requested the applicant address the issues
designed ten years ago and that Mn/DOT is reluctant
;r of reasons. Bids are set to be let approximately
July, and that the plans call for a straight - through
ue to safety concerns associated with access to the
sider a roundabout further east and a different
remain in the same location as what currently exists.
by the City Engineer.
Johnston stated they do not have any issues with the items raised by the City Engineer and that they have
already addressed the majority of the items. I
McMillan inquired whether there is any wetland restoration proposed.
Johnston stated there is a small amount of wetland ;mitigation required for the site.
McMillan inquired whether the applicant has considered restoring the wetlands.
Johnston stated the vegetation in the wetland area is all invasive species and that the deadline for
submittal to the watershed is this Tuesday.
McMillan stated she has been encouraging the
their resources on wetland restoration.
Kellogg stated in other communities and other w�
owner is given credit for that.
McMillan encouraged the applicant to consider
McMillan moved, Murphy seconded, to direct S
approval resolution for the property located'at f
VOTE: Ayes 5, Nays 0.
Watershed District to focus a larger amount of
districts, if a wetland is improved, the property
option.
to prepare a concept plan and preliminary plat
Wayzata Boulevard West.
:I
*6. #06 -3245 MICHAEL AND KAREN MANEY, 3605 NORTH SHORE DRIVE — STATUS
OF REMODEL PROJECT — RESOLUTION NO. 5612
McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5612, a Resolution Amending
Resolution No. 5570, 3605 North Shore Drive. VOTE: Ayes 5, Nays 0.
PAGE 7
1 1
1
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007 •
7:00 o'clock p.m.
7. #07 -3250 PHILLIP CARLSON, 2060 WAYZATA BOULEVARD — FINAL PLAT —
RESOLUTION NO. 5613
Phillip and Gina Carlson, Applicants, were present.
Gaffron stated the applicants are requesting general development plan, final plat and easement vacation
approval. The City has received the applicants' letter of credit and other required submittals. The City
Engineer has approved the plans.
Gaffron recommended the City Council adopt the proposed resolution and give authorization for the
Mayor and Clerk to execute the PUD No. 2C agreement and development contract, and the HRA chair
and executive director to execute the Cross Access Easement Agreement.
Murphy inquired whether the movement of the dirt being hauled off the site would be an issue. Murphy
noted that issue was raised by former Mayor Edward Callahan.
Gaffron stated the development agreement does not allow construction traffic through the senior housing
site and that the hauling route has been spelled out in the agreement.
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5613, a Resolution Granting .
General Development Plan Approval for Planned Unit Development No. 2C for Amber Woods
Offie Centre, LLC, and Approving the Final Plat of Amber Woods Office Centre and Vacating a
Existing Drainage and Utility Easements — File #07 -3250. VOTE: Ayes 5, Nays 0.
McMillan moved, Bremer seconded, to authorize the Mayor and Clerk to execute 'the PUD No. 2C
Agreement and Development Contract. VOTE: Ayes 5, Nays 0.
" 8. #07 -3251 MANDEEP & LEISA SODHI, 4080 DAHL ROAD — VARIANCES
Mandeep and Leisa Sodhi, Applicants, were present.
Turner stated the applicants are requesting a setback variance to allow the existing deck to remain as
constructed with a 0.76 foot setback from the side property line when a ten foot setback is required, to
have the existing patio remain as constructed with a 1.7 foot setback from the side property line when a
two -foot setback is required, and to have 27 plus percent hardcover in the 75 -250 foot zone when the
maximum is 25 percent.
Turner stated the Planning Commission reviewed this matter in February and made no recommendation
regarding the hardcover variance because hardcover calculations were not available for the property
before the deck was reconstructed. City tiles contained a survey from 2001 that showed the hardcover on
the site. Consideration of this application was delayed while the Applicant's surveyor completed
hardcover calculations based on this survey. Turner noted the calculations received do not properly
classify landscape beds underlain by weed control fabric as hardcover.
Staff recommends the Council consider the changes in hardcover made in conjunction with the deck •
reconstruction separately from the issue of the fabric under the landscape planting beds. While the
PAGE 8
ORONO CITY (
• Monday,
7:00 o
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( #07 -3251 Mandeep & Leisa Sodhi, Continued)
applicants have reduced hardcover on their propert
was made in 2001 while the increase in hardcover i
reduced to at least 2001 levels and preferably to 25
Turner noted that Building Inspector Bruce Vang di
have a water problem. In his opinion the front patio
toward the foundation and is uncertain whether the
problem.
Mrs. Sodhi stated she did bring a photograph this ei
purchased the house going down to the bluff area.
requires that a portion of the deck be removed, whi<
Turner stated the shaded part of the overhead is the
Mrs. Sodhi pointed out the landscape beds located
remove the fabric. Since they purchased the prope
have also removed a substantial amount of the nox
and drainage have been made on the lot and some
their belief they have reduced the size of the deck
was approved at 26 percent.
OF THE
WCIL MEETING
y 14, 2007
ck p.m.
since they purchased it, the reduction in hardcover
:curred in 2005. Staff recommends that hardcover be
I meet with the applicants and has confirmed they do
is probably needed to keep water from draining
ibric under the planting beds is helping the water
ling showing the steps from the time they originally
e previously approved variance for the deck
they are willing to do.
of the deck that currently encroaches.
,ay from the house and stated they are willing to
they have reduced the hardcover on the lot and .
is weeds. In addition, improvements to the runoff
wining walls have been removed. Sodhi stated it is
m what previously existed. In 2001, the hardcover
i
McMillan inquired whether a table and chairs would fit in that area on the deck.
Mrs. Sodhi stated that area is basically a walkway.
Mr. Sodhi noted they have made a number of imp
including the removal of the stairway, which has
the deck and that some of the issues relate to the
also tiled their entire basement after experiencing
steps to help correct the runoff into the basement.
McMillan inquired whether the deck was recently
Mr. Sodhi stated the deck was replaced three years
deck. At the time the deck was replaced, they did
configuration, which eliminated the need to step in
McMillan inquired whether they obtained a permit
Mr. Sodhi stated they did not since they needed to
son's birthday party the next day. Sodhi stated thf
Commission.
McMillan noted the Planning Commission
'ements to the property since they purchased it,
.iced the hardcover on the lot. The issue is the size of
foot setback and how the lot is laid out. They have
ter in their basement twice and have taken other
;o after a construction worker fell through the rotten
Luce the size of the deck and changed the
the neighbor's property when exiting the deck.
the work on the deck.
place the deck rather quickly to accommodate their
are okay with the recommendation of the Planning
PAGE 9
a five foot setback for the deck.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m.
( #07 -3251 Mandeep & Leisa Sodhi, Continued)
White asked whether some of the hardcover is necessary to deal with the water issues.
Turner stated the lakeside steps were planned in 2001 to consist of 199 square feet but were constructed at
238 square feet, with a major reduction of hardcover in the rear entry area. When the new deck and stairs
are added together, it is approximately the same amount of hardcover as the old deck and the new back
patio increases the hardcover. Turner noted the landscape fabric is not included in the hardcover
calculation.
McMillan stated given the layout of the lot, in her view there is a hardship for the five foot setback for the
deck and that the patio is probably necessary to help ensure proper drainage.
Mrs. Sodhi stated if the City Council would like the landscape fabric removed, they could remove that.
Bremer questioned whether the landscape fabric in that area was included in the calculation.
Turner stated to her understanding that was not included.
Bremer requested the landscape fabric be removed as a condition of approval.
Bremer moved, McMillan seconded, Application #0 -3251, Mandeep and Leisa Sodhi, 4080 Dahl
Road, to direct Staff to draft a resolution approving a five foot setback variance consistent with the
plan presented to the Council tonight, with the condition that the landscape fabric be removed.
VOTE: Ayes 5, Nays 0.
9. #07 -3259 LAKE COUNTRY BUILDERS /GARY & KATHERYN GANGSTEE, 1374 REST
POINT ROAD — VARIANCES
Ryan Smolek, Lake Country Builders, and Kathy and Gary Gangstee, Applicants, were present.
Gaffron stated the applicants initially requested a number of variances to allow modification and
expansion of the existing house and garage, including removal of the wing of the house closest-to the
street, a 40 foot square foot addition to the house, reconstruction and expansion of the second story of the
house, the addition of dormers to the garage roof and construction of a two -story link between the house
and garage. At the February Planning Commission meeting, the applicants were advised to eliminate the
front setback encroachment and reduce hardcover to the greatest extent possible.
The applicants then submitted a revised site plan, revised building plans and elevations, and revised
hardcover calculations. The applicants are now proposing that the existing house be completely removed
and a new two -story home of approximately the same 1250 square foot footprint area and oriented east -
west rather than north -south to be constructed to meet the required 30 foot street setback. The two -story
connecting link to the garage is still proposed. As a result of these revisions and the consideration of this
site as a total replacement, the only variances required are as follows:
•
•
Lot area: 0.65 acre where 1.0 acre is required-, 0
PAGE 10
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
• 7:00 o'clock p.m.
( #07 -3259 Lake Country Builders, Continued) it
2. Hardcover: 75 -250 foot zone; 27.4 percent, proposed where 30.3 percent exists and 25 percent is
allowed; 0 -75 foot zone; 7.72 percent proposed where 9.0 percent exists and 0 percent is allowed;
3. Side setback for existing garage attachment and upward expansion: 9.1 foot existing where 10
foot is required;
4. Variance to Section 78 -1432, Accessory S"ctures. The applicants would like to retain the
nonconforming pool which is located partially within the 0 -75 foot zone.
Gaffron requested the Council discuss the following issues:
1. Whether the applicants should be granted a ihardcover variance to be allowed to keep the pool,
given that it is nonconforming and partially in the 0 -75 foot zone, and that it is the primary reason
for excess hardcover on the site.
2. Whether a hardcover variance should be granted for the 75 -250 foot zone, given that this is
considered as a total rebuild on a lot that is nearly conforming in width and has a substantial
hardcover allotment for the 75 -250 foot zone.
3. Whether there is any issue with attaching t le house to the existing garage that is slightly too close
• to the lot line.
Murphy asked if there is a considerable amount of hardcover around the pool..
Gaffron illustrated on the overhead the hardcover arlound the pool.
Murphy inquired whether the pool was poured in place.
Smolek stated it was poured in.
Murphy inquired when the pool was built.
Smolek stated the pool has existed since 1984.
Rahn stated this plan is a major improvement over v rhat has been previously proposed and what currently
exists. Rahn noted the new house meets the setbacks and results in less hardcover overall on the lot.
White concurred that the revised plans are a major improvement over what exists.
Gaffron stated it is his belief there are a variety of f Ictors that go into the pool not being located out of the
0 -75 foot area, including the erosion of the lakeshore and an incorrect measuring from the edge of the
pool and not the patio that surrounds it. Gaffron noted the applicants have the right to replace in kind.
Bremer commented she understands why the applic'nts would like to retain the pool but that she would
like to see some reduction in the hardcover around the pool.
FADE 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m. •
( #07 -3259 Lake Country Builders, Continued)
Smolek stated there is a gazebo which will be removed as well as some other hardcover that will be
reduced near the pool. Smolek stated the hardcover around the pool is rather minimal except for one area
which functions as a gathering area.
McMillan moved, Rahn seconded, Application #0 -3259 Lake Country Builders for Kathy and Gary
Gangstee,1374 Rest Point Road, to direct Staff to draft an approval resolution granting a lot area
variance, a hardcover variance, a side setback variance, and a variance to Section 78 -1432. VOTE:
Ayes 4, Nays 1, Murphy Opposed.
Murphy stated he would like to see some further hardcover reductions around the pool.
10. #07 -3262 JAMES & CORRINE BECK, 3820 CHERRY AVENUE — VARIANCE
Kathryn Alexander, Architect, and James Beck, Applicant, were present.
Curtis stated the applicants are requesting the following variances:
A lake setback of 41.3 feet (for the house) and 29 feet (for the deck) where 75 feet is normally •
required;
2. A side setback variance to allow a five foot side yard setback where a 10 foot setback is normally
required and five feet currently exists;
Hardcover variances to allow 16.8 percent hardcover within the 0 -75 foot zone where 0 percent is
normally allowed and to allow 25 percent within the 75 -250 foot zone where 25 percent is
normally allowed and 27.3 percent currently exists. The 0 -75 foot zone and the 75 -250 foot zone
have not been adjusted to reflect the additional lakeshore along the eastern/wetland lot line.
a
4. A height variance is required as the lowest level is by definition the first story and this is a three
story house where only 2 %2 stories are allowed.
The Planning Commission heard this application on March 19 '11 and at that time directed the applicants to
revise their plan. Their direction to the applicants was to reduce the overall height of the home,
specifically within the 75 foot lake setback area; remove the second story encroachment into the
substandard side setback; and explore the wetland buffer possibilities.. The Planning Commission voted
3 -2 on April 160' to recommend approval of the revised request. The two dissenting commissioners
wanted a further reduction in the massing.
The applicants' proposed plan reflects technically a three -story home. While Staff continues to maintain
that the home should meet the two and a half story maximum, the applicants did address the issues the
Planning Commission outlined at the March meeting.
In an effort to maintain consistent hardcover accounting, the applicants should be required to submit
revised hardcover calculations prior to final Council review. The revised calculations should reflect the
accurate 0 -75 foot and 75 -250 foot setback zones from the 929.4 foot OHWL elevation.
PAGE 12
ORONO CITY
Monday,
• 7:00 o
( #07 -3262 James and Corrine Beck, Continued)
Alexander stated according to the City's code, habi
considered habitable.
McMillan commented she could see this as being a
ordinance limiting the number of stories.
Alexander stated the existing house is technically a
should only be considered a two -story house given
basement remains unfinished. Alexander stated the
owners would like to retain but that the house is in
structural engineer has found the house to be very s
Rahn asked if the lakeside deck would have a roof
Alexander stated the roof over the deck currently
White inquired how old the existing structure is.
• Beck stated the original structure was constructed i
Bremer stated in her view this is a hardship lot and
indicated she has a concern with the house located
fact that the neighboring house is a rambler.
OF THE
INCIL MEETING
.y 14, 2007
ck p.m.
rooms need to be seven feet high in order to be
exception to the City's newly adopted
ree -story house but that she would argue that it
height of the basement and the fact that the
are certain integral parts of the house that the
-d of some improvements. Alexander noted a
.cturally sound.
it under the new plans.
sts and that the other decks also currently exist.
1915,
at there is a small buildable area available. Bremer
the west and the height of this structure given the
Curtis stated the distance between the two houses is 50 feet.
Alexander stated the height of the proposed additi
currently exists.
Rahn moved, McMillan seconded, Application A
Corrine Beck, 3820 Cherry Avenue, to direct St
variance of 41.3 feet, a five foot side setback var
VOTE: Ayes 4, Nays 1, Bremer opposed.
Bremer stated she would like to see the structure
Alexander pointed out there are two foot
could remain.
Gaffron stated the allowed encroachment in the 0-
item be addressed in the resolution.
Rahn moved, McMillan seconded, to amend his
except where it parallels the five -foot setback. I
is approximately two to three feet higher than what
•3262, Kathy Alexander on behalf of James and
to draft a resolution approving a lake setback
ce, hardcover variances, and a height variance.
at two and a half stories.
on the existing structure and asked whether those-"
foot setback is 1.5 feet. Gaffron recommended that
n to allow the two -foot overhang everywhere
: Ayes 4, Nays 1, Bremer opposed.
PAGE 13
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007 •
7:00 o'clock p.m.
11. #07 -3266 VOGUE ICF HOMES/BENJAMIN & KAREN MILBRATH,1404 BALDUR
PARK ROAD, VARIANCE
Darrin Hahn, Vogue ICF Homes, was present.
Turner stated the applicant is requesting the following variances:
1. A lot area of 0.28 acre when 0.5 acre is required;
2. A lot width of 49.75 feet when 100 feet is required;
A hardcover variance to allow 16.07 percent hardcover in the south 0 -75 foot zone when none is
allowed;
4. A hardcover variance to allow 43.68 percent hardcover in th 75 -150 foot zone when 25 percent is
allowed; ,
5. A variance to not maintain an elevation of 931.5 feet for 15 feet from the perimeter of the house;
6. A variance to the City's defined building height to allow 34.4 feet when the maximum is 30 feet;
7. A variance to allow windows in the gable ends of the third level. •
The Planning Commission reviewed this application and voted 5 -1 to recommend approval of the
variances subject to the house being shifted to the south.
Staff would recommend granting a lot width variance, a lot area variance, grade adjacent to structure
variance, and a hardcover variance in the south 0 -75 foot zone.
Murphy noted there is a vacant lot adjoining this property and that this is new construction. Murphy
questioned the need for a height variance on this structure and that the drainage in this area has to be
addressed.
White stated the drainage in this area is a major problem and does have to be dealt with. White stated in
his view these plans need to be revised, the size of the structure reduced, and that what is being proposed
will only add to the water problems.
McMillan stated she is not in favor of a height variance on new construction.
Hahn stated given the small footprint, they are forced to go up.
McMillan stated this is a small lot and that the house should be reduced.
Rahn stated he would like to see a house designed that is no taller than the two adjoining residences and
that given the small lot size, the Council does not need to allow the 30 foot height.
PAGE 14
•
LJ
ORONO CITY (
Monday,
7:00 o
( #07 -3266 Vogue ICF Homes, Continued)
Bremer commented that today's trend and economi
the height of the structure should be restricted to tv
windows considerably adds to the appearance of m
OF THE
FNCIL MEETING
.y 14, 2007
ek p.m.
are driving the taller structures but that in her view
and a half stories. Bremer stated a third story with
Hahn noted a number of windows were removed on the third floor.
Bremer stated the runoff needs to be dealt with andj that she has a concern with the deviation from the
931.5 feet, especially given the water problems in this area.
White stated there are a number of options the
as cisterns.
Hahn stated there is a berm that has been
could look at as far as handling the runoff, such
ed along the lake which does not allow for runoff.
McMillan stated that three factors contribute to the�water problems in this area: One, the low elevation;
two, the high water table; and three, the size of the structures. McMillan commented that it would be
impossible for the applicant to fix all the drainage issues in this neighborhood but that he does need to
adequately address the drainage on this property. ,
Charles Reid, 1400 Baldur Park Road, stated he
particularly with the size of the structure. Reid
recommended approval of hardcover at over 43
Reid displayed pictures of the homes in the area
residence at 30 feet. Reid stated one of the Plan
which still have not been submitted. Reid inquiv
drain tile in the 0 -75 foot area.
Reid stated he would also like the house to be
Turner stated what Mr. Reid has received is the
Reid stated there are a number of items missing
the Planning Commission and that the plans do
house would be in front of his house.
Hahn stated it would be approximately five feet.
a number of concerns with the application,
essed surprise that the Planning Commission
A noted that he was required to restrict the height of his
ig Commissioners wanted to see full drainage plans,
['whether permits would need to be obtained to install
with his house.
plan that has been submitted by the applicant.
the plans that were discussed by Mr. Vogstrom at
ake much sense. Reid inquired how many feet this
Reid inquired whether there are any rules relating to 15 feet and the floodplain when the house is raised.
Turner stated the 15 foot separation has to do with
that is between the house and the edge of the flood:
the house would be constructed on pilings and not
in this case. The applicant is also required to main
may be one of the reasons why they are not propos
eeping the flood waters from washing away the fill
.ain. The separation is not an issue in this case since
block foundation. The flood elevation is only a foot
in 100 year storage capacity on the property, which
ig as much fill on this lot.
PAGE 15
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007 •
7:00 o'clock p.m.
( #07 -3266 Vogue ICF Homes, Continued)
Curtis stated the house is approximately 12 feet from the 75 foot line.
Hahn stated the house is located three feet further back than what is required by code.
Reid stated he would like to see the house pushed further back.
Bremer noted Mr. Reid's view would not be impacted by this house and that the structure has to be
located behind the average setback line.
Murphy stated this is a situation where there is an empty lot and that there should be some way to
incorporate the comments of the City Council regarding the height and the drainage into the plans.
Murphy commented he does not have complete confidence in the builder and that there needs to be more
concise answers to the concerns raised by Staff and the Council. Murphy stated he is inclined to deny the
application and require the house be redesigned.
Bremer stated she is not supportive of denying the application but that the plans should be revised.
Bremer stated the applicant needs to address the height of the structure, the hardcover, and the drainage.
Bremer moved, Murphy seconded, to table Application #07 -3266, Vogue ICF Homes/Benjamin &
Karen Milbrath,1404 Baldur Park Road, to allow the applicant time to revise his plans. •
Jeff Uklu, 1416 Baldur Park Road, stated he has resided in this area for 30 plus years and that he rebuilt
his home in 1986. The lots in this area are 50 foot lots and that his understanding is that the laws of the
City should be consistently applied, which is not always the case. Uklu stated there are a number of
houses that have been constructed that exceed the City's 30 -foot height limit. A major issue in this
neighborhood is water management and constructing homes that are out of proportion with the
neighboring structures. Uklu challenged the City Council to enforce their policies and codes consistently.
Betsy Nusbaum, 3480 North Shore Drive, thanked the Council for taking into consideration the drainage
problems being experienced in this area. Nusbaum inquired what direction the Council is giving to the
applicant.
White stated the applicant would need to work with Staff and that the Council is not able to at this time
give detailed directions on what should be built on this lot.
Kristie Anderson, 1408 Baldur Park Road, thanked the Council for taking the concerns of the neighbors
into consideration on this application and that she is aware the City has required on numerous occasions
that the size of the house be reduced based on the small lot size.
Murphy commented the Planning Commission and City Council spend a great deal of time on each
application and attempt to apply the City's regulations as consistently as possible. Murphy stated there
are a number of builders that try to maximize the lots and attempt to find ways to get around the City's
riles.
Turner noted Mr. Vogstrom is on vacation and not able to attend tonight's meeting. •
VOTE: Ayes 5, Nays 0.
PAGE 16
. 1
•
•
ORONO CITY C
Monday,
7:00 of
*12. #07 -3272 KERN HOPPE,1150
RESOLUTION NO. 5614
McMillan moved, Rahn seconded, to adopt RE
Preliminary Plat Approval. VOTE: Ayes 5, N
13. #07 -3277 SUSAN NELSON, 500
Susan Nelson, Applicant, was present.
Turner stated the applicant is requesting setback vai
house, one with a 46.4 foot setback and one with a,
property line is required in both situations.
The applicant presented a revised proposal to the P]
divided into two additions. The addition behind thf
and storage area for outdoor items. The master bat]
and storage closet. At its closest point this addition
addition behind the other end of the house would pi
point it would be 44.7 feet from the rear property li
At its April meeting the Planning Commission
proposal, and the dissenting Commissioner felt
Turner noted the applicant has submitted some
behind the garage complies with the setback. S
room addition and whether the six -foot setback
Nelson stated the storage addition is for her husb
originally constructed, the house was built even
in its present location to prevent water problems.
OF THE
INCIL MEETING
y 14, 2007
ek p.m.
ROAD, PRELIMINARY PLAT —
LUTION NO. 5614, a Resolution Granting
0.
ROAD — VARIANCE
ices to construct two additions to the rear of her
7 foot setback. A 50 -foot setback from the rear
inning Commission. The addition was smaller and
garage would provide for a mudroom, laundry area,
would be expanded into existing laundry/mudroom
would be 46.4 feet from the rear property line. The
avide for a larger informal dining area. At its closest
5 to 1 to recommend approval of the revised
were other options available.
revisions today and that the storage addition
some reservations regarding the size of the dining
chment is justified.
's tools. Nelson stated at the time the structure was
. the street. Nelson indicated the addition is proposed
Rahn inquired whether any thought has been given' to relocating the whole addition or not extending it as
far out to make it more compliant.
Nelson stated they are basically following the d
There is also an existing stairway in the interior
relocated.
Rahn stated in his view the dining room addition di
this is a two -acre parcel that is currently conformin
to the plan. Rahn inquired whether the applicant's
setback.
Nelson stated he is.
and that the dining room accesses off of the kitchen.
he house that prevents the addition from being .
s not need to extend as far out as it does. Rahn noted
and that in his view there should be some revisions
wilder was aware that the plans encroached into the
PAGE 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m.
( #07 -3277 Susan Nelson, Continued)
Murphy asked what page four of the latest revisions depict.
Turner stated page four depicts the proposed basement.
Murphy noted the proposed basement addition under the new dining room contains a wine cellar and
storage. Murphy inquired what the two bump -outs are.
Turner stated those are window wells.
Murphy inquired what the outside boundary is that encroaches on the ten foot setback.
Nelson stated it is the framing on the first floor.
Rahn stated the egress windows protrude further out.
Murphy inquired whether those would also be considered an encroachment.
Turner stated they are considered a fire escape.
Gaffron stated it could also be considered a retaining wall.
Murphy stated the encroachment extends beyond the corner.
Turner stated there is a provision for allowing fire escapes to encroach into a setback but that these egress
windows are not required.
Nelson stated at some point in the future this room may be a bedroom, which is the reason for the
windows.
Murphy stated he does not see any justification for the size of the addition and the encroachment.
White concurred that it is a design issue.
Turner stated the stairway could be straightened and moved back slightly.
Nelson stated it is not possible to move it very far because then the stairs would be in the kitchen.
Murphy stated he would like to see the encroachment reduced.
Turner stated if the one addition is proposed to be a dining room, it should access off the kitchen.
is
Rahn stated the addition could be constructed further down and that the encroachment is a result of the
design.
McMillan stated if the additions are designed without any encroachments, this application would not need •
to come back before the Council.
- - PAGE 18
t .
•
1�
•
ORONO CITY C
Monday,
7:00 o'
( #07 -3277 Susan Nelson, Continued)
Bremer stated she would be fine with allowing the
given the configuration of the house and lot.
Nelson inquired whether a roof could be
Turner stated it cannot.
OF THE
fNCIL MEETING
.y 14, 2007
ck p.m.
variance for the addition along the property line
over the deck.
McMillan recommended the application be tabled to allow the applicant time to revise her plans.
McMillan moved to table Application #07 -3277, 500 Oxford Road.
'I
Nelson inquired whether the storage addition would be approved.
White suggested the Council approve the storage
No second to the above motion.
Bremer moved, Murphy seconded, Application
variance and to deny the dining room addition
setback. VOTE: Ayes 3, Nays 2, Rahn and Mc
14. #07 -3278 JOHN TERRANCE HOMES,
AMENDMENT
Steve Johnston of John Terrance Homes was
Gaffron stated the Planning Commission voted 6 -0
amendment of the Comprehensive Plan to allow ret
proposed re- instatement of Amendment #2 languag
requirement, eliminating the limit on individual ten
buildings, retail or otherwise.
The amendment as initially proposed does not pr,
Council has been taking in terms of retail on this
recently rescinded be reinstated with three minor
Staff met with Steve Johnston and representatives
the applicants to address the six impact questions t
and noted that the Council will be asked to look at
concentrating on the two specific uses being propc
suggesting new comprehensive plan language that
merely requesting that the rescinded language be r
and deny the dining room addition.
17 -3277, 500 Oxford Road, to approve the storage
the extent that it encroaches into the side yard
Ulan Opposed.
KELLEY PARKWAY — CMP
a motion to recommend approval of an
uses on Outlot A, generally per the applicants'
eliminating the pharmacy /convenience store
t spaces, and eliminating any size limits on
language supportive of the position that the
The applicants are suggesting that the language
the bank and food co -op on April 26`x'. Staff advised
t the Planning Commission was asked to address,
overall concept of retail versus office, rather than
3. Staff also advised the applicants to consider
pports their proposed amendment, as opposed to
PAGE 19
i.,
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007 .
7:00 o'clock p.m.
( #07 -3278 John Terrance Homes, Continued)
On Friday, May 11 `h, Staff and the Mayor met with the applicants to discuss the process for moving
forward with the proposal for retail use of Outlot A. It was suggested that Staff and Council would
formulate a set of questions and required submittals for a sketch plan review of the proposed uses since
the co -op was not prepared to submit all of the detail normally required for a PUD application without
some degree of assurance that the use would be acceptable.
The applicants were advised that some type of disposition of the current CMP amendment application
needs to be made by the Council and that once that is done, a sketch plan PUD review may be an
appropriate next step.
Murphy stated his comments should not be interpreted tonight as evidence that he is opposed to the food
co -op or bank on this site but that he has experienced frustration on this application given the number of
times this application has been tabled. Murphy stated the applicants should withdraw their application
and resubmit it when they are ready or the Council should deny the application.
Murphy stated he is unclear whether the resolution before the Council is appropriate and that in his
opinion the Planning Commission maybe should not have dealt with this matter in the way that it did. At
the time the Council changed the City's Comprehensive Plan approximately three years ago they did so in
good faith and the application for this site later fell through.
Murphy noted Orono's Comprehensive Plan states the following: "Orono will coordinate its commercial
development planning related to Highway 12 area with the City of Long Lake to ensure the Long Lake
downtown area remains vital and viable, to focus retail development in a compact downtown retail area,
and to prevent the extension of retail development west of Willow Drive in Orono." Murphy stated a
great deal of discussion went into development of the Comprehensive Plan fifteen years ago and that the
City of Long Lake and the City of Orono should sit down together and discuss the retail area of Long
Lake. _
Murphy stated the three points raised in Staff's report provide a good basis for denying the application
and that he has a concern with additional retail space being added to Orono given the amount of empty
retail space currently in the Long Lake area. Murphy stated he also has a concern that Staff has not
adequately addressed the impacts of retail on the surrounding residential area. Murphy stated the
previous City Attorney recommended that the best process to follow in this situation would be to pursue a
PUD.
McMillan stated the focus on the CMP amendment is unfortunate and has possibly created some
confusion on the best way to proceed with this site. McMillan stated the Council is interested in the food
co -op but that the amendment is not the best way to achieve the desired result. McMillan stated she
would like to see a PUD application rather than an open -ended retail CMP amendment. McMillan stated
there is no guarantee that the food co -op will be constructed on this site and that the amendment would
leave it open to a number of different retail uses.
Johnston stated they did meet with City Staff months ago when the two uses for this site came up and that
the food co -op did not have the resources to submit a full PUD application at that time without some idea •
of the support by the City for that use. Johnston stated the direction they were given is that if they cannot
PAGE 20
•
ORONO CITY G
Monday, l
7:00 of
( #07 -3278 John Terrance Homes, Continued)
3 OF THE
UNCIL MEETING
Ay 14, 2007
ock p.m.
afford to do a PUD application, they should pursue'a site plan and amendment. Johnston noted the PUD
application submitted by Reliance ended up costing them $120,000.
McMillan noted Reliance did have the opportunity to construct on that site but elected not to.
Johnston reiterated they wanted to get some indication of the support for this project and that they were
advised to submit a PUD application and a site plan. The Council then changed the CMP guiding back to
the 2000/2020 Comprehensive Plan. Johnston stated they would like to have discussion on their
schematic site plan and that the only two uses being proposed for the site is office use and a food co -op.
Johnston stated they still want to have a discussion
now they have an application in front of the City C
serve as a means to allow that discussion before thi
application would need to be submitted in order to
if a new application is submitted, there would be a
the Planning Commission and City Council and the
be allowed on this site.
if the uses to be allowed on this site and that right
uncil that might be poorly worded but it would still
City Council. If their application is denied, a new
ontinue the discussion process. Johnston stated even
.urther delay where they have to again appear before
e still would not be a discussion on what uses would
White stated the applicants need to follow the City"s established process and that he is not in favor of
• tabling the application. White stated the reason why the co -op is an important issue is because it is a
retail use and the Council does not desire retail at this location. White stated the applicants would not be
prejudiced by withdrawing the application.
Johnston stated if their application is withdrawn, tY
would not get started until 2008. Johnston stated J
and that Central Bank, who has the site currently u
PUD. Central Bank's contract says that there is to
Central Bank would prefer the second user to be th
food co -op.
McMillan noted that it is unlikely this project
which process is followed.
Johnston stated he does not see the rationale for del
be submitted.
Moorse stated in terms of timing, if the Council do
determines that the applicant can go to the next ste
Planning Commission. Moorse stated he is unsure
the application is denied.
Johnston stated they would like to discuss the pros
their present application.
y are being pushed further back and this project
in Terrance Homes is not the developer of the site
ier contract, would be submitting an application for a
a concurrent closing with the second user and that
food co -op. The issue is the limited resources of the
be able to be commenced until 2008 regardless of
this two more months so a new application can
the sketch plan/PUD review and the Council
both of those items would have to go through the
,hat longer time frame the applicant would get into if
cons of a bank and a food co -op for this site under
• White suggested the bank propose two buildings J this site and that if the food co -op does not come to
fruition, the building could be used for offices.
PAGE 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m.
( #07 -3278 John Terrance Homes, Continued)
Mitch Cook, Central Bank, stated they have no intention at the present time of constructing the building
for the co -op and would only be constructing their building.
White stated the City Council will not rush through an application and that all parties need adequate time
to address all the issues.
Johnston stated a new application would not be back before the City Council for two months.
Johnston stated the CMP amendment was intended to be the schematic detail.
Moorse stated it is his understanding the sketch plan/PUD process is one where the City Council and Staff
is going to compile a list of issues and required documentation so that the City can understand how
everything will work and get an idea of whether the City Council would be comfortable with those uses
for this site. Moorse stated once the City has completed the sketch plan review process, then Jhe PUD
process starts, which means the application goes before the Planning Commission.
Johnston inquired whether the schematic sketch plan/PUD would happen with normal deadlines and
normal notification.
•
Mattick stated there is no formal process for a sketch plan review and that the City Council is providing S
the process the applicant desires in an expedited manner through the sketch plan PUD process. Mattick
stated subsequent to the sketch plan review, the applicants will have to go through the PUD and CMP
amendment process with the Planning Commission and City Council.
Murphy stated he is anxious to sit down with the parties involved in this application and that the Council
is very interested in working with the parties but that the City cannot rush applications through.
Johnston stated on behalf of John Terrance Homes they would like to withdraw their CMP amendment
application.
Murphy moved, Bremer seconded, Application #07 -3278, John Terrance Homes, 2500 Kelley
Parkway, to accept the withdrawal of Application #07 -3278, subject to the submittal of the
withdrawal in writing by John Terrance Homes. VOTE: Ayes 5, Nays 0.
15. #07 -3283 STEVEN SIGEL,1399 PARK DRIVE — VARIANCE
Steven Sigel, Applicant, was present.
Curtis stated the applicant is proposing to construct a 21' x 10' addition to their existing home. The
applicant is requesting a hardcover variance to allow 1.1 percent hardcover within the 0 -75 foot zone
where 0 percent normally is allowed and 1.1 currently exists; 40 percent hardcover within the 75 -250 foot
zone where 25 percent is normally allowed and 43 percent currently exists; and 59 percent hardcover
within the 250 -500 foot zone where 30 percent is normally allowed and 59 percent currently exists. 0
PAGE 22
•
•
•
ORONO CITY C
Monday,
7:00 o'
( #07 -3283 Steven Sigel, Continued)
Due to the location of the applicant's home and the
variance can be administratively approved. The pn
An extensive deck system currently serves as a side
would also like to remove the wooden decks and re
are an issue. Finally, the existing retaining wall sy:
as the twenty plus year old timber walls are beginn:
OF THE
rNCIL MEETING
14, 2007
p.m.
0
Ldjacent homes, an average lakeshore setback
ect, however, requires additional land use approvals.
valk from the driveway to the home. The applicant
lace the paver path as maintenance and snow removal
em is proposed to be reconstructed and reconfigured
ig to show their age.
l
The Planning Commission voted 5 -1 to recommend approval of the variances and conditional use permit
as requested. The dissenting Commissioner felt that pervious pavers should be utilized.
Planning Staff recommends approval of the hardcoi
conditional use permit for the wall construction. Tl
to a recently submitted revision, and Staff recomme
accordance with the City Engineer's recommendatii
Rahn stated in his opinion this is a perfect use for
Sigel stated he did discuss the use of permeable l
concern the pavers would retain water during the
experiencing.
McMillan moved, Rahn seconded, Application
Staff to draft a resolution approving the reque
16. #07 -3284 SHARRATT DESI
VARIANCE /CUP
Michael Sharratt, Architect, and Tom and Kristen
Curtis stated the applicants are proposing to constn
existing home and are also proposing to remove exi
property to offset the additional hardcover of the pc
250 -500 foot zone. The home was built in 2001 by
within the 75 -250 foot zone. Currently, the propert
foot zone and the 250 -500 foot zone; therefore, a h,
variances as proposed as well as approval of the
City Engineer has requested some minor revisions
Is that the applicant revise the proposed plan in
s prior to final Council review.
pavers.
with his contractor and that he expressed a
r and become icy, which is what they are currently
-3283, Steven Sigel, 1399 Park Drive, to direct
variances. VOTE: Ayes 5, Nays 0.
SHARRATT, 2507 KELLEY AVENUE —
Applicants, were present.
t a 648 square foot in- ground pool lakeward of the
nsive areas of driveway on the street side of the
1 and patio. Portions of this hardcover are within the
Ze previous owner with a conforming 25 percent
has non - conforming hardcover within the 75 -250
dcover review is required.
The Planning Commission voted 6 -0 to recommend approval of the variance in conjunction with the
removal of an additional 300 square feet of hardcover from within the 75 -250 foot zone. The applicants
are proposing to remove extensive areas of the driveway on the street side of the property in an effort to
offset the additional hardcover for the pool and patio. Consistent with the Planning Commission's
recommendation, the applicants have removed an additional 300 square feet. The applicants' request now
consists of a hardcover variance within the 75 -250 foot zone of 28.57 percent where 25 percent is
normally allowed, and 25 percent was previously approved with the construction of the home. The 250-
500 foot zone has been reduced from 30.22 percent existing to a level of 22.7 percent proposed.
PAGE 23_
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m.
( #07 -3284 Sharatt Design/Michael Sharratt, Continued)
This home was constructed without variances and based on a plan for maximum home footprint and
conforming hardcover. The footprint of the home itself consists of 20.5 percent hardcover within the 75-
250 foot zone. Staff finds that although the current owners are proposing a net reduction in overall
hardcover, the hardcover on the property today exceeds the levels previously approved. In summary,
Planning Staff recommends denial of the hardcover variances as requested. The conditional use permit
for the rain garden requires submittal and review of additional information; however, Staff generally
supports the rain garden proposal.
McMillan inquired where the garage is located.
Curtis stated the garage is located under the home. Curtis stated the applicant is proposing to construct
some rain gardens as well in an effort to offset the hardcover.
Sharratt stated they have a problem with drainage on the one side of the property and that they will be
adding some rain gardens to help with the drainage. Sharratt stated what they are proposing is more
environmentally friendly than what currently exists.
is
Sharratt illustrated the existing driveway and noted that there is a possible trench that exists that goes to
the rear of the property. Sharratt indicated they would like to perhaps do a camera inspection of that pipe •
to determine its condition.
Rahn noted this lot consists of 44,670 square feet and that he is not in favor of making the lot
nonconforming.
Curtis noted this lot is nonconforming due to some illegally added hardcover.
Sharratt stated they did already remove some hardcover and their proposal makes a five percent reduction
in the total hardcover on the lot and makes a 24.8 percent improvement in hardcover with the proposed
driveway.
Curtis stated the numbers she has are based on the most recent plan and that the overall hardcover has
been reduced by about 1026 square feet.
Bremer inquired how much hardcover was approved.
Sharratt stated the Ritchies have inherited this situation and they did not create it. The property owners
are attempting to improve the situation.
Curtis stated they would be 304 square feet over what is allowed for the entire lot.
Sharratt stated currently this property is over the approved hardcover by approximately 1,300 square feet
and that their proposal reduces it down to 304 square feet.
Murphy agreed that the property owners inherited this situation and that the Council is faced with
requiring this property to comply with what was originally approved with no improvements or allowing
the pool and getting some improvements.
PAGE 24.
•
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
inday;!May 14, 2007
7:00 o?clock p.m.
( #07 -3284 Sharratt Design/Michael Sharratt, 1
Bremer inquired how big the poolds proposed to
Curtis stated Staff would like clarification on the
Engineer's report.
Kellogg stated one of the other concerns deals w:
the final hardcover numbers.
Sharratt stated the Grass -Tex fabric is a netting tl
the event an emergency vehicle needs to drive aci
supply more information on that item but that the
over that area unless absolutely necessary. They
some point in the future. Sharratt suggested mak
and approval.
to the last bullet point contained in the City
the drainage and that he is unsure whether these are
.t goes under the topsoil and helps to stabilize the soil in
iss the grass. Sharratt stated they would be willing to
)roperty owners have no intention of driving vehicles
could also like to remove the roof over the driveway at
ig the Grass -Tex a condition of city engineer review
Kellogg stated the trench drain also needs to be verified that it does not drain to the sanitary sewer.
Sharratt stated the pool consists of 18,036 square feet.
McMillan moved, Murphy seconded, Application #07 -3284, Sharratt Design/Michael Sharratt,
2507 Kelley Avenue, to direct Staff to draft a resolution granting a hardcover variance for the
75 -250 foot zone of 28.57 percent, with verification by Staff of the exact hardcover number,
granting of a conditional use permit for the addition of a rain garden, subject to City Engineer
review and approval of the Grass -Tex, and subject to verification of the French drain in the area of
the driveway and that it does not drain into the sanitary sewer system. VOTE: Ayes 3, Nays 2,
Rahn and Bremer opposed.
MAYORICOUNCIL REPORT
Y;.
McMillan stated the City's spring clean-up went well and that the residents are appreciative of the
service.
McMillan noted she received a call from Paul Pesek who indicated that he would be interested in talking
about the environmental commission and would be attending the work session on May 30th.
Murphy reported the Minnehaha is in the water
start. Last year each City Council member cony
to make a similar donation this year.
White stated he has been speaking with the county
i
school program on Big Island is getting ready to
1 $250. Murphy encouraged each Council member
25
some grants for the dock on Big Island.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 14, 2007
7:00 o'clock p.m.
CITY ENGINEER'S REPORT '
*17. PAYMENT REQUEST NO.3 AND FINAL — MCCULLEY ROAD RECONSTRUCTION
PROJECT
McMillan moved, Rahn seconded, to approve Request for Payment No. 3 and Final for the
McCulley Road Reconstruction Project, in the amount of $14,443.11. VOTE: Ayes 5, Nays 0.
*18. BRIDGE GRANT AWARD — RESOLUTION NOS. 5615 and 5616
McMillan moved, Rahn seconded, to adopt Resolution No. 5615 regarding the State grant funding
for the Fox Street bridge replacement project. VOTE: Ayes 5, Nays 0.
McMillan moved, Rahn seconded, to adopt Resolution No. 5616 regarding the State grant funding
for the West Ferndale Road bridge replacement project. VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT
*19. SAFE & SOBER GRANT —RESOLUTION NO. 5617
. •
McMillan moved, Rahn seconded, to approve the City of Orono's participation in the Safe and •
Sober Program. VOTE: Ayes 5, Nays 0.
McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5617, a Resolution Authorizing
Execution of Grant Agreement with the Minnesota Department of Public Safety. VOTE: Ayes 5,
Nays 0.
CITY ATTORNEY'S REPORT
Mattick stated he has nothing to report.
*20. LICENSES & PERMITS
FIREWORKS — SALE AND /OR STORAGE OF CONSUMER FIREWORKS
1. Applicant: Thomas Miller
Location: Orono Petro
2160 Wayzata Boulevard West
Date: May 14 — December 31, 2007
Time: Monday- Friday, 6:00 a.m. —10:00 p.m.
•
PAGE 26
• o
MINUTES OF THE
ORONO CITY COUNCIL MEETING
• Monday, May 14, 2007
7:00 o'clock p.m.
i
•
SPECIAL PERMIT
2. Applicant:
Event:
Location:
Date:
Time:
3. Applicant:
Event:
Location:
Date:
Time:
Greenspring Media Group,i�c., for Narr Construction, Inc.
2007 Midwest Luxury Home Tour
507 Ferndale Road North
June 8 -10, 15 -17, and 22 -24, 2007
Noon — 6:00 p.m., Fridays —I Sundays
Denny's Super 30/Denny Nelson
Bass Fishing Tournament
Wayzata Marine — Maxwell Bay
June 6, July 11, August 22," and September 12, 2007
3:00 p.m. — Sunset, Wednesdays
*21. LICENSES & PERMITS
TRAPPING PERMIT
1. Applicant: City of Orono
Live -trap beaver
East Long Lake Road area
*22. BILLS
McMillan moved, Rahn seconded, to approve pa
Nays 0.
ADJOURNMENT
Murphy moved, McMillan seconded, to adjourn
VOTE: Ayes 5, Nays 0
ATTEST:
"I A4�
Linda S. Vee, City Clerk
of the All Funds Account. VOTE: Ayes 5,
City Council meeting at 11:17 p.m.
'4 1-- --
Ja s White, Mayor -�
PAGE 27
iI