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HomeMy WebLinkAbout04/21/2008 Planning Commission Minutes MINUTES OF THE ORONO PLANI�TING COMIVIISSION MEETING � Monday,Apri121,2008 . 6:00 o'clock p.m. ROLL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Ralph Kempf,Commissioners Dick Kroeger,Tess Rice, and Jaye Ann Zullo. Representing Staff were Assistant City Administrator for Long-Term Strategy Mike Gaffron,Planner Evelyn Turner,and Recorder Jackie Young. Commissioner Kim Kang arrived at 6:15 p.m. and Commissioner Jon Schwingler arrived at 6:21 p.m. Chair Ralph Kempf called the meeting to order at 6:02 p.m., followed by the Pledge of Allegiance. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF MARCH 17,2008 Rice moved,Kroeger seconded,to approve the minutes of the March 17,2008,Planning Commission meeting as submitted. VOTE: Ayes 4,Nays 0. NEW BUSINESS 2. #08-3353 GARY AND KATHY GANGSTEE, 1374 REST POINT ROAD,RENEWAL OF VARIANCES AND CONDITIONAL USE PERNIIT FOR LAND ALTERATION,6:02 P.M.— 6:05 P.M. Kathy Gangstee,Applicant,was present. � Kroeger asked whether anything has changed on this application. Ms. Gangstee indicated no. Chair Kempf opened the public hearing at 6:04 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 6:04 p.m. � • Kroeger moved,Kempf seconded,to recommend approval of Application#08-3353,Gary and Kathy Gangstee, 1374 Rest Point Road,renewal of lot area,garage side setback, and hardcover variances granted to permit construction of a new house attached to the existing garage,and renewal of the conditional use permit to allow reconstruction of retaining walls within the 75-foot lakeshore setback zone. VOTE: Ayes 4,Nays 0. 3. #08-3355 TIM HAUSER ON BEHALF OF CLEMENT KROLL,60 STUBBS BAY ROAD SOUTH,PRELIlVIINARY PLAT,6:05 P.M.—6:35 P.M. . Tim Hauser,Builder, and Clement and Winnifred Kroll,Applicants,were present, • Turner noted this application appeared before the Planning Commission as a site plan back at its March meeting. The applicant is requesting approval of a preliminary plat to subdivide the property located at 60 Stubbs Bay Road South into four lots. This property was part of the subdivision that in 1988 created PAGE 1 ' MINUTES OF THE . ORONO PLANNING COA�IlVIISSION MEETING Monday,Apri121,2008 6:00 o'clock p.m. (#08-3355 Tim Hauser on behalf of Clement Kroll,Continued) Christine Drive and the four lots on the south side of the road. The property consists of 8.9 acres and is designated in the City's Comprehensive Plan as rural residential, one unit per two acres. The zoning is RR-1B,which has a minimum lot size of two acres. Turner indicated all lots would be served by private wells. The property is not within MUSA. The applicant has provided two acceptable septic locations for each lot. ' Staff would note that Lot 2 will be constrairied due to the slope and the septic sites at its narrowest point. The northerly acre of the lot is unsuitable for development because of its steep slopes and access to that area is limited by the drain field locations. Planning Staff recommends approval of the preliminary plat subj ect to: . 1. The final plat including the customary perimeter drainage and utility easements. 2. Payment of a park dedication fee for three lots. 3. Payment of the storm drainage fee for the entire plat. 4. . Provision of protective covenants for the septic sites. 5. Provision of a swale and drainage easement for the emergency overflow for the wetland to the north. � 6. Submission of the wetland delineation for the adj acent property and a copy of its acceptance by the MCWD. If the buffer extends into the subdivision,a drainage easement over the buffer area must be included on the plat. 7. The title opinion required with the application for final plat approval confirming that the proposed lots still have the right to utilize Christine Drive. 8. Final or conditional issuance of any permits required by the MCWD. Kroll commented he was surprised at the amount of the park dedication fees being charged and inquired why he is being charged drainage fees for a second time on these lots. Kroll noted he paid some fees at the time the original subdivision was developed. Kroll commented he is not familiar with everything that is being recommended by Staff but that he will continue to educate himself on what needs to be completed. Kempf asked whether the applicant's main concern was the park dedication fees and the storm water fee. Kroll indicated it is. Kroll stafed he did donate some land for Christine Drive as part of the original development and also paid some money to have the plat completed. At that time he was told that everything would be acceptable subject to the septic sites. PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,Apri121,2008 6:00 o'clock p.m. (#08-3355 Tim Hauser on behalf of Clement Kroll,Continued) Kempf noted typically the City assesses the fees when new lots are created. � Gaffron stated the park dedication fees and trunk fees have probably changed significantly from when Christine Drive was first created. At the present time the City charges a park dedication fee that is based on the impacts that new developments have on the park system and future needs in the City. The three new lots would be required to pay a fee but not the lot on which the existing house is located on. Gaffron indicated the storm water and trunk fees were established in approximately 2002 for all new development. The fees are paid into a fund that ultimately covers the cost of the City addressing existing and potential drainage issues. The trunk fees were authorized as part of the overall City water management plan and are based on the entire property,including wetlands, on a per acre rate. Every subdivision since 2002 or 2003 has had to pay that fee. Gaffron stated that even though it was understood at the time this area was originally developed that these lots would some day be developed,park dedication fees and trunk fees were not paid on these lots . and those lots would be subject to the fees that are in place today. Gaffron indicated he can provide the applicant with some information that fully explains the fees. � Kroll asked whether the fees he is being charged are the same as what is being charged on the Graham property. Gaffron indicated they are charged storm water and trunk fees at the same rate on a per acre basis. Gaffron noted the storm water basins that were constructed for the first development have been deemed sufficient by the engineers to handle the runoff from these new lots and will not need to be upgraded. Chair Kempf opened the public hearing at 6:17 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 6:17 p.m. Kroeger stated given the constraints of the septic systems,in his opinion the proposed design is a good design. Zullo stated she would prefer to see three lots rather than four given the need for the long driveway on • two of the lots,but if�the building pads meet the City's standards, she would not be opposed to it. Kroeger asked whether a lot line variance would be required for the driveways. Gaffron indicated the driveways would need to be located five feet off the lot line. Kroeger asked whether there are any variances being requested. Gaffron stated no variances are being requested. Zullo asked whether Lots 3 and 4 could have a shared driveway. PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,Apri121,2008 6:00 o'clock p.m. (#08-3355 Tim Hauser on behalf of Clement Kroll,Continued) Gaffron stated they could have a shared driveway and that the surveyor has attempted to maintain a nine or ten percent slope,which may not be possible with a shared driveway. Kempf commented there are constraints on these lots and that the buyers of the lots should be made aware of those constraints at the time of purchase. Kempf noted if the existing house is removed;the tennis court must also be removed,which the buyers should also be informed of. Turner stated removal of the tennis court is required by City Code if the existing structure is removed. Zullo asked if the applicants rebuild in the same location whether they would be able to keep the tennis court. Gaffron noted the existing house is too close to the rear lot line and that if it is rebuilt in its present location,that issue would need to be addressed. Kroeger moved,Rice seconded,to recommend approval of Application#08-3355,Tim Hauser on behalf of Clement Kroll,60 Stubbs Bay Road South,preliminary plat. VOTE: Ayes 6,Nays 0. PLANNING CONIMISSION COMMENTS 4. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COiJNCIL MEETINGS MARCH 24,2008,AND APRIL 14,2008. Kang reported on the March 24�'City Council meeting,noting that most of the items were placed on the Consent Agenda. Kang stated the Council did discuss the ability of certain Crystal Bay property owners to have a dock as well as the zoning district amendment for the bowling center. Gaffron gave a brief history of how those lots were developed,noting that back in 1911,there was a subdivision in Navarre off of Crystal Bay Road that created some lots that had a little strip along the lakeside of what used to be a county road. In 1911,rights for bathing and boating purposes were granted to approximately 125 different off-lake properties in the Navane area. In the 1930s,the piece � of those lots that was located on the lakeside of the road were quitclaimed to the City. In recent years, typically only the four people who live directly across from the four lake parcels have put a dock out. The City's interpretation of the situation is that the off-lake owners with deeded rights may not put a dock out but are able to put a canoe in or walk down in that area. Approximately two years ago,the City Attorney researched this issue and recommended conducting a title registration action on these four parcels. Hennepin County declined to do the title research on the dozens of off-lake properties,which resulted in the City then being required to do the research. Gaffron indicated each title search would cost approximately$100 to$200 per off-lake property and that the City Council,based on the costs that ' would be incurred,elected not to proceed forward with the title searches. Gaffron stated the City has never formally informed those four lots that they could not have a dock and that over the years they have been taxed at lakeshore rates. Kroeger asked whether the City maintains that area. PAGE 4 i � Y MINUTES OF THE ORONO PLANNING COMIVIISSION MEETING . Monday,Apri121,2008 6:00 o'clock p.m. (Report of Planning Commission Representatives,Continued) Gaffron stated to his understanding the City does not do much in that area. Kroeger asked whether those four property owners are aware that there is an issue with the docks. Gaffron indicated they are aware of the situation. Gaffron stated the City Council has decided to continue the discussion on the zoning district amendment and the bowling center and that the matter will likely be coming back before the Planning Commission at their next work session. Gaffron stated any time there is an amendment to a zoning district,the City�Council feels there should be a discussion on the specific uses and conditions that should apply and those conditions should be written right into the code. Additional conditions could be added at the time a specific application is filed with the City. Gaffron noted the Franchot application was approved at the April 14`�'meeting. Staff was directed on the Peters application to draft an approval application and to not bring the application back before the City Council until the drainage issues are resolved. 5. OTHER ISSUES FOR DISCUSSION None � 6. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON APRIL 28,2008,AND MAY 12,2008 • Apri128,2008—Kroeger May 12,2008—Schwingler ADJOURNMENT . Zullo moved,Kroeger seconded,to adjourn the Orono Planning Commission meeting at 6:50 p.m. VOTE: Ayes 6,Nays 0. There being no further busine iscuss;the meeting was ad'ourned. lph Kempf, hair PAGE 5