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HomeMy WebLinkAbout06/16/2008 Planning Commission Minutes MINUTES OF T� ORONO PLANNING COMMISSION MEETING Monday,June 16,2008 6:00 o'clock p.m. ROLL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Dick Kroeger,Commissioners Michelle Winer,Kim Kang, and Jon Schwingler. Representing Staff were Planner Evelyn Turner and Recorder Jaclde Young. City Council Member Lili McMillan was present. Commissioner Loren Schoenzeit arrived at 6:26 p.m. Acting Chair Kroeger called the meeting to order at 6:04 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Acting Chair Kroeger opened the public hearing at 6:06 p.m. There were no public comments regarding Application#08-3365. Acting Chair Kroeger closed the public hearing at 6:06 p.m. Kroeger moved,Winer seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. *1. APPROVAL OF PLANNING COMIVIISSION MEETING MINUTES OF MARCH 17, 2008 Kroeger moved,Winer seconded,to approve the minutes of the March 17,2008,Planning Commission meeting as submitted. VOTE: Ayes 4,Nays 0. NEW BUSINESS *2. #08-3365 WJM PROPERTIES,2605 WAYZATA BOULEVARD WEST,VARIANCE RENEWAL Kroeger moved,Winer seconded,to recommend approval of Application#08-3365,WJM Properties,2605 Wayzata Boulevard West,granting of a variance renewal. VOTE: Ayes 4,Nays 0. 3. #08-3366 JESSICA BROWN/PHIL LUSARDI,45 MYRTLEWOOD ROAD,VARIANCE, 6:08 P.M.-6:25 P.M. Jessica Brown and Phil Lusardi,Applicants,were present. Turner stated the applicants are requesting a setback variance to replace the existing deck on the rear of the house with an enclosed room, covered porch, and steps to grade. The required setback is 30 feet and the proposed setback is five feet. PAGE 1 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING Monday,June 16,2008 6:00 o'clock p.m. ' The owners' house is a rambler with a walkout basement and an attached garage. The house was originally constructed in 1954 and reconstructed after a fire in 1966. The garage was added in 1966. Turner illustrated on the overhead the layout of the existing house and the proposed modifications. The applicants propose to replace the deck with a 5.5 x 7.5 foot deck with steps to grade. In addition,the applicants are proposing to add a 19.5 x 7.5 foot room and steps to grade. The room would be constructed on post footings and would be 4 to 7 feet above grade. The addition would enlarge the existing dining room. The house was constructed in the extreme corner of the lot. The existing deck and much of the house are within the 30-foot side setback Staff recommends approval of the setback variances subject to: 1. The open porch being omitted. If the Commission wishes to provide a space for a grill,it should be an open deck at the other end of the enclosed space. 2. To increase the setback,the two foot space between the stairs and the room being eliminated. 3. The underside of the structure being screened with lattice or a similar material. 4. Provision of a protective covenant for the arborvitae along the lot line. John Yanish,Contractor, stated the issue relating to the location of the stairs should be easy to resolve and that he could angle the stairs to meet the landing and angle the corner of the landing. Kroeger stated he would prefer to have a drawing of what is being proposed. Yanish illustrated on the overhead the layout of the stairs. Kroeger noted the setback encroachment would be lessened by several feet with that design. Kroeger asked if the existing stairs would be replaced. Yanish indicated they would be. As it relates to the open porch,it would basically be a small porch and would be part of the current deck. The open porch would help with the layout of the ldtchen and dining room area. If the open porch is relocated to the other side of the house,the bathroom window would be in close proximity,and from a design standpoint,it would not function as well as in the location they are proposing it. The property owners would also need to access across the dining room rather than more directly from the kitchen if the open porch is relocated. Brown indicated the arborvitaes are dying due to the shady location and they would like to replace them with something comparable following the construction. Brown stated they want to have some type of screening in that location. Turner recommended the applicants verify that the plantings that are placed in that area are suitable for that location. PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 16,2008 6:00 o'clock p.m. Acting Chair Kroeger opened the public hearing at 6:21 p.m. There were no public comments regarding this application. Acting Chair Kroeger closed the public hearing at 6:21 p.m. Winer indicated she is in agreement with Items 2, 3,and 4 and with the proposed redesign of the steps to lessen the encroachment. Kroeger requested the applicants incorporate the modifications to the stairs into their plans prior to the city council meeting. Schwingler stated he is in agreement with the contractor that the open porch should be located in the area being proposed. Kroeger stated he did visit the property and that it makes more sense to put the open porch in the location being proposed by the applicants than closer to the bathroom. Kroeger asked whether the neighbors are in agreement with the project. Brown indicated they are. Kang stated she agrees that the stairs should be redesigned and that she would prefer some type of planting that is compatible for that area to replace the arborvitae. Winer moved,Kang seconded,to recommend approval of#08-3366,Jessica Brown and Phil Lusardi,45 Myrtlewood Road,granting of a setback variance subject to items two,three, and four of Planning StafPs recommendations. VOTE: Ayes 4,Nays 0. #5. #08-3368 CITY OF ORONO,NAVARRE,REZONING,6:26 P.M.—6:35 P.M. Kroeger indicated the City is proposing to rezone parts of seven parcels in order to make zoning district lines conform to property lines. Turner illustrated the sections that are proposed for rezoning on the overhead. The block bounded by Shadywood Road, Shoreline Drive,Lydiard Avenue and Kelly Avenue is zoned B-3 Retail Sales Business along Shoreline Drive and B-4 Office and Professional Business. Currently the zoning districts do not correspond to property lines. Acting Chair Kroeger opened the public hearing at 6:28 p.m. Jeanne Englund,2455 Shadywood Road, asked what the impetus is for the rezoning and what the affects the rezoning would have on their property. Englund noted they have resided at this property for the past twenty some years. PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 16,2008 6:00 o'clock p.m. Turner stated B-4 is business and office,including banks. Currently the rear 20 or 30 feet of the Englund's property is zoned residential and the rest of the property is akeady zoned B-4. Turner stated the rezoning would only affect the rear 20 or 30 feet of the property. Jeanne Englund asked if the fact that they have been residing there for the past 24 years is an exception to the zoning. Kroeger stated they were likely grandfathered in at the time the B-4 district was created. Paul Englund asked if the lot line would change. Kroeger stated the lot line itself would not change but the proposed rezoning would make the entire property B-4. Kroeger stated to his understanding if the property is sold,the grandfathering of the living unit would still apply. Jeanne Englund asked why there needs to be a change in the rezoning. Kroeger stated the rezoning is to clean up the zoning district lines to make them conform to property lines. Jeanne Englund asked whether their taxes would increase with the rezoning. Turner indicated this property has one tax classification and the rezoning should not affect that. Kroeger asked if the Englunds have any objections to the rezoning. Jeanne Englund indicated they do not have any objections but merely wanted clarification on some issues. Turner noted the City did receive a letter from Peter W.Johnson,Attorney-at-Law,which states the following: I represent the owners of the parcels referenced above,which are 2445 Shadywood Road, 2465 Shadywood Road, and the vacant property on Kelly Avenue. They are owned by the First National Bank of the Lakes and David J.DeLaney. His clients have not had the opportunity to review the proposed zoning with legal counsel and they are requesting that no final decisions be made until they have had reasonable opportunity to review the issues raised in more detail. The parcel presently occupied by the bank is of particular concern. The present use is an allowed use under B-3 zoning and the proposed zoning or the rezoning of the adjacent property is to the east. The bank parcel is not be adjacent to any residential parcels. The property directly across the street from the bank is zoned B-1. Given the proximity to the Shadywood/Shoreline Drive intersection and the zoning classification of adjacent parcels,the B-4 designation would be too restrictive." Kroeger noted the City Council would be malcing the final decision on this item and that the Planning Commission would merely be making a recommendation. Kroeger moved,Schwingler seconded,to recommend approval of Application#08-3368, City of Orono,Navarre,Rezoning. VOTE: Ayes 5,Nays 0. PAGE 4 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING Monday,June 16,2008 6:00 o'clock p.m. PLANIVING COMMISSION COMMENTS 5. REPORT OF PLANrTING COMNIISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS MAY 27,2008,AND JUNE 9,2008 Kroeger reported on the May 27`�'City Council meeting,noting that the Gillespie Center addressed the City Council regarding increased funding and that the Gillespie Center is presently requesting$50,000 in funding. The City Council would be discussing that item further in conjunction with the budget. Kroeger noted there was also a discussion regarding the bowling alley application. Kroeger noted the City Attorney did discuss some issues relating to state aid and the City's streets and roads. McMillan stated a number of the City roads are private in the sense that the property owners maintain the roads but the City owns an easement under the roads. Mn/DOT has questioned the City's characterization of the private streets and has requested the City assume ownership and maintenance of the streets if they wish to continue to receive state aid based on those streets being included in the overall mileage of streets in the City. McMillan noted at the June 9`�'meeting the City Council reviewed the application from Berkshire concerning the medical building and had no issues. 6. OTHER ISSUES FOR DISCUSSION Turner asked whether the Planning Commission would still like to meet in a workshop on July 2°a given the close proximity to the 4`�'of July holiday. It was the consensus of the Planning Commission to cancel the July 2nd workshop. 7. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON JU1VE 23,2008,AND JULY 14,2008 June 23,2008—Kim Kang July 14, 2008—Loren Schoenzeit ADJOURNMENT Kroeger moved,Winer seconde ,to adjourn the O o Planning Co �mission Meeting at 6:41 p.m. VOTE: Ayes 5,Nays 0. � �` ick eg ,Ac 'ng Chair PAGE 5