HomeMy WebLinkAbout07/21/2008 Planning Commission Minutes � �f Y
� � MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
� . Monday,July 21,2008
. - � 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,Michelle Winer,Kim Kang,Loren
� Schoenzeit,Tess Rice,and Alternate Janice Berg. Representing Staff were Planner Evelyn Turner and
Recorder Jackie Young. City Council Representative Cynthia Bremer was present. �
Chair Kempf called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance:
CONSENT AGENDA
Chair Kempf opened the public hearing for Application#08-3371 at 6:03 p.m.
There were no,public comments regarding this application. . .
Chair Kempf closed the public hearing at 6:03 p.m.
Kempf moved, Schoenzeit seconded,to approve the Consent Agenda as amended. VOTE:
Ayes 7,Nays 0. " �
� *1. APPROVAL OF PLANNING COMIVIISSION MEETING MINUTES OF JUNE 16,2008
Kempf moved;Schoenzeit seconded,to approve the minutes of the June 16,2008,Planning .
Commission meeting as submitted. VOTE: Ayes 7,Nays 0.
NEW BUSINESS
2. #08-3367 TOM AND PATTY KUBALAK ALONG WITH SHARRATT DESIGN AND
� .COMPANY,2623 CASCO POINT ROAD,VARIANCE,6:06 P.M.—6:53 P.M.
' "" "'� � Tom Kubalak,Applicant,was present.
Turner stated the applicants are proposing to construct a replacement residence and are requesting the
- . . following variances: �
l. A lot area of 0.29 acre when the minimum is 0.5 acre;
2. �A lot width of 60 feet when the minimum is 100 feet;
3. A 5.88 foot setback from the northerly property line when a 10 foot setback is required;
4. 45.4 percent hardcover in the 75 to 250 foot zone when the maximum allowed is 25 percent;
5. 17.4 percent structural coverage when the maximum allowed is 15 percent.
Turner illustrated the location of the existing residence and the proposed residence on the overhead
projector. The existing residence is a walkout rambler that was constructed in 1965.��The detached
three-car garage was constructed in 1967 and received street and side setback variances. The proposed
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MINUTES OF THE
ORONO PLANNING COA'IlVIISSION MEETING
Monday,July 21,2008 . -
6:00 o'clock p.m.
(#08-3367 Tom and Patty Kubalak, Continued)
house consists of two stories with an attached two-car garage and a walkout basement. The width of the
property is 40 feet less than the minimum and the area is 58.4 percent of the minimum.
Turner illustrated the location of the existing garage and the proposed garage on the overhead. The
garage portion of the structure is proposed to have a 5.88 foot side setback. The living space portion of
the house would have the minimum 10-foot setback. The applicants are requesting a structural coverage
variance to allow for an additiona1309 square feet above what is normally allowed. ,
Turner noted the City currently has a number of residences that have been constructed on 50-foot lots
• that are in compliance with the 10-foot side setbacks.
Planning Staff does not recommend approval of the requested variances because in Staff's opinion itis_
excessive for what is necessary to allow foi reasonable use of the property. Staff would support the lot
width and lot area variances in conjunction with a smaller hardcover variance. Turner noted there are
no adjoining lots available for sale at the present time that could be purchased and combined with this
lot in order to make it a larger lot.
� Mr.Kubalak addressed the Planning Commission regarding his application,noting he purchased the
property with the intention of remodeling it. After reviewing their options,due to its deteriorating
condition,they have deternuned their best option would be to tear down the existing residence and
. consiruct a new residence,which would also be consistent with what has occurred in their neighborhood
over the past few years.
Kubalak submitted the signed neighbor affidavifs to Chair Kempf.
Mrs.Kubalak commented that their neighbors are in support of the project. �
Mike Sharratt, Sharratt Design and Company, stated there are a number of inadequacies with the
, .. . existing structure,including the visual impediment the garage causes when attempting to exit the
property,that have resulted in the applicants electing to replace the existing siructure and garage. The
present structural coverage of the existing house and garage is 18.4 percent and they are proposing a � � �
reduction to 17.4 percent. In addition,current hardcover would also be reduced by approximately 20
� � . percent of the overage or 45 percent.
Sharratt noted they are adding a second story over a portion of the residence to accommodate two
bedrooms as well as create a structure that has long-term viability. Sharratt requested the Planning .
Commission approve their application.
Turner pointed out a portion of the hardcover refened to by Mr. Sharratt consists of mulch over plastic,
which is typically not included in the hardcover numbers and is not included in Staff's report.
Kempf opened the public hearing at 6:22 p.m.
Jeff Essen,2648 Casco Point Road, stated he is in full support of the proposed plans for this lot due to
the fact that it reduces the structural coverage and hardcover on the lot. Essen indicated they have lived
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NIINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,July 21,2008
6:00 o'clock p.m.
(#08-3367 Tom and Patty Kubalak,Continued)
across from this house for 22 years and that it has deteriorated over the years and that he and his wife `
are in full support of the proposal to improve the property. ,
Essen suggested the Planning Commission consider the significant level of traffic that traverses on
Casco Point Road when looking at the hardcover on the lot and that he would suggest additional
hardcover be allowed so the Kubalaks have sufficient room for off street parldng and safe access out of
the property. .
Joan Marquardt, 2617 Casco Point Road,indicated they are also in favor of the proposed improvements.
Marquardt stated the Kubalaks do have problems with water in the basement and that there is a lack of
on-street parking available on Casco Point Road. Marquardt concurred that some additional hardcover
for parlang would be beneficiaL . �
Bruce Hedblom,2601 Casco Point Road,indicated he has reviewed the plans,has spoken with the
Kubalaks about their proposal and that he is in full support of the project. Hedblom concurred that it is
extremely difficult to see around the current garage prior to exiting the property and that some
additional parking arealturnaround area would be reasonable and offer better safety. '
Chair Kempf closed the public hearing at 6:28 p.m.
Kempf aclrnowledged the support of the neighbors for this proposal and thanked them for attending
tonighf's meeting. Kempf pointed out the Planning Commission has the obligation to look at the
application when new construction is involved to see how this property can be brought into
conformance with City codes. Kempf sta.ted he is not opposed to the lot area and lot width variances but
that the Planning Commission will need to see whether the setbacks and structural coverage can be �
brought into compliance. ��
Kempf recommended the applicants look at their options for reducing the structural coverage and
hardcover on the lot,noting that the City of Orono typically does not grant variances to structural
coverage unless a hardship is demonstrated.
Kroeger sta.ted the Planning Commission has to look at this application as if the lot was an empty lof
and determine how a new residence could be consiructed on this lot without the need for variances. �
. Kroeger indicated he would be in favor of the lot area and lot width variances but that the applicants . .
will need to reduce the structural coverage and hardcover.
Kempf commented it is not unusual for the homeowner to look at what is being improved when
presenting their application but that the Planning Commission is obligated to look at the City's
ordinances and determine whether a hardship exists to grant a variance.
Winer suggested the applicants consider tabling their application to look at their options for reducing the
structural and hardcover numbers due to the negative impact hardcover has on the environment. Winer
indicated she is in favor of the lot width and lot area variances.
Schoenzeit stated in reviewing the applicants'proposal,it appears that the house could be reduced in .
. size to bring the house into conformity with structural coverage.
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MINUTES OF THE •
ORONO PLANNING COMMISSION MEETING
Monday,July 21,2008
6:00 o'clock p.m.
(#08-3367 Tom and Patty Kubalak,Continued)
Berg concurred with the comments already expressed by the Planning Commissioners. .
Kang s�essed that the applicants will neecl to look at reducing the structural coverage and hardcover. �
Rice concurred with the previously expressed comments of the Planning Commissioner.
_ Kempf noted Sta.ff's report states the following: "A house constructed at the minimum setback from the
road,it would require 430 square feet of hardcover for the driveway,leaving 1,545 square feet for a
house. This would place the house 35 feet behind the average lakeshore setback. If the driveway were
lengthened to place such a house at the average lakeshore setback,hardcover would be about 28.5
percent. Hardcover variances allowing more than 40 percent hardcover in the 75-250 zone for new
houses has been limited to lots smaller than 10,000 square feet." Kempf stated in his view the
applicants'plan should be revised.
Mr.Kubalak stated the original intention of setbacks was for fire protection and that there is more than
ample spacing between the two homes. Kubalak pointed out the Mazquardt home is 1.5 feet from the
Hedblom property and that variances have been granted in the past to setback and that they are
attempting to make it consistent with the neighborhood. Kubalak stated the current residence is not
suitable and needs to be replaced given the multitude of problems that exist. Kubalak stated he would
not be pernutted to construct a three-car garage to replace what he currently has.
Turner noted according to state statute,the applicant would be allowed to replace the existing garage
within the same footprint as long as it is completed within six months after it is removed. �
Kempf stated that would also apply to the house.
Kubalak noted they are proposing to make the house more conforming but that they require some living
space to accommodate their large families. Kubalak noted they are proposing to reduce the garage from
three sta.11s to two stalls and are willing to reduce the width of the driveway. Kubalak stated he is aware
of a number of variances that have been granted in the past by the city for similar requests and that in
his view what they are proposing is reasonable for the lot.
Kempf noted the proposed hardcover is 45.4 percent and 17.4 percent structural coverage. Kempf stated
given the size of the lot,in his opinion the size of the house should be reduced. Kempf stated the City
seldom grants a variance for structural coverage and that the City attempts to limit the amount of
massing on a lot.
Kubalak noted his neighbor was recently granted a variance.
Gaffron noted Staff has compiled a list of lakeshore properties that had new construction in the years
1999 to 2004. The City's records shows a variance was granted for 2683 Casco Point Road,which is
not in close proximity to this property. Gaffron noted there were no variances granted for structural
coverage for all of the lakeshore properties listed during that time period and many of the properties
were limited to 1500 square feet or less on structural coverage. As it relates to hardcover, Gaffron noted
there aze three lots that aze equivalent to this lot. Those lots were granted hardcover ranging from 19
percent to 33 percent hardcover overall,and within the 75-250 foot area,they were allowed 25 to 30
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A�IINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING .
Monday,July 21,2008
6:00 o'clock p.m.
(#08-3367 Tom and Patty Kubalak,Continued)
percent hardcover. The approved footprint ranged from 2150 to 2370 square feet,with hardcover being
less than 30 percent. Gaffron stated he concurs with Planner Turner's recommendation and that it is .
very seldom that the City grants a variance to structural coverage.
,Kubalak asked what the city considers reasonable.
Kempf noted he did read the statement from the staff report. Kempf pointed out that if the house were
located at the average lakeshore setback,the hardcover could be reduced to 28.5 percent,which in his .
mind would be reasonable.
Kubalak asked what the average setback is from the lake.
• Turner illustrated the average lakeshore setback line on the overhead. -
Kempf noted the applicant's house is at the average lakeshore setback line,but that in his view
hardcover at 28.5 percent would be reasonable for this type of lot. •
Turner stated the statement refers to the square foota.ge of the allowed hardcover in the 75-250 foot
zone, and if the house were located at the minimum setback from the street,it would allow for a house
� consisting of 1545 square feet,which would put it behind the other houses.
Kempf stated the 28.5 percent would allow the applicant to locate the house at the average lakeshore
setback. - �
Schoenzeit suggested the applicant look at the total lot area and multiple it by the 15 percent structural
coverage,which would give them the maximum structural coverage allowed on this lot.
Joan Marquaxdt asked if the driveway could be constructed out of pervious pavers.
Kempf stated the use of pervious pavers has been discussed at the city over the years but that given its
�limitations,pervious pavers would sti11 count as"haidcover. � �
Kempf stated it appears the consensus of the Planning Commission is that the size of the proposed
residence is too large and that the structural coverage should be reduced. Kempf asked whether the
applicant would like his application to be voted on tonight or tabled for redesign. Kempf noted the
applicant could take his application before the City Council even if the Planning Commission
recommends denial of the variances.
Kubalak stated he would like to have his application tabled. Kubalak noted the Marquardts were
granted a variance for a 1.5 foot setback in 2001 and that he is having some difficulty understanding the
issues relating to equality between the two. Kubalak noted he is asldng for five feet.
Turner noted the Marquardts constxucted a second floor addition.
Kroeger stated the two main issues that the Planning Commission is looldng at here are the structural
coverage and the hardcover.
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. � .
. MINUTES OF THE
ORONO PLANNING COMIVIISSION MEETING
Monday,July 21,2008
6:00 o'clock p.m.
(#08-3367 Tom and Patty Kubalak,Continued)
. .. Kempf stated he is unable to respond to the specific example cited by the applicant but that the Planning
Commission needs to look at the potential impact a variance could have in the future should this area be•
� �- redeveloped as well as the impact it would have on the neighbors.
Kroeger moved, Schoenzeit seconded,to table Application#08-3367,Tom and Patty Kubalak
along with Sharratt Design Company,2623 Casco Point Road,to allow the applicant time to
revise his plans. VOTE: Ayes 7,Nays 0. .
3. #08-3370 BARB AND I�VIN Di1LIN ALONG WITH J.SVEN GUSTAFSON WITH
STONEWOOD,LLC,6:53 P.M.—7:22 P.M.
� Sven Gustafson,Developer, and Kathy Alexander,Designer,were present.
Turner stated the applicants are proposing to construct a replacement residence and are requesting a
hardcover variance to allow 34.42 percent hardcover in the 75 to 250 foot zone when the maximum
allowed is 25 percent. The applicants are also requesting a conditional use permit for grading within the
0 to 75 foot zone to allow rearrangement of the floodplain on the property.
. Turner illustrated the existing residence on the property on the overhead. The current house was
originally consiructed in 1934,with additions in 1955 and 1988. The floor of the crawl space under the
original part of the house and the garage floors are lower than the minimum elevation for properties
within or.adjacent to the floodplain. Floodplain regulations require that the entire house be brought into
compliance with the elevation requirements once the cumulative value of additions and remodeling
since the Ciiy's initial adoption of floodplain regulations exceeds 50 percent of the value of the
- structure. The properiy is over or very close to this limit due to the additions that have been constructed
over the years.
� . The proposed house would be one level except for a second level over the garage. It would be slab on
grade constructiori. The lot would also contain a pool.
The applicants are required to maintain the same flood storage capacity on the lot. The City Engineer
has reviewed this application and has recommended certain items be completed as it relates to the
. drainage and grading. A permit would also be required from the Minnehaha Creek Watershed District
for placement of fill in the floodplain.
Planning Staff recommends the variance not be granted as it would not constitute a hardship to
redevelop the property without the variance. Staff recommends the conditional use permit be granted if
the site plan is revised to eliminate the hardcover variance.
Sven Gustafson addressed the Planning Commission regarding the application,noting that they may be
limited to possibly 10.percent of value if they remodeled,which would make it difficult to make any
improvements to the existing residence. Gustafson stated the location of the floodplain takes up a large
portion of the 75-250 foot zone and makes it a difficult site to work with. Some of the other difficulties
of the site are the low elevations of the site,the high water ta.ble, and the sewer easement that crosses the
property,which prevents the house from being located closer to the street and creates a hardship.
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, MINUTES OF THE
ORONO PLANNING COMI��IISSION MEETING
Monday,July 21,2008 .. , .
6:00 o'clock p.m.
(#08-3370 Barb and Kevin Dulin,Continued)
Gustafson stated with their proposal,they are eliminating all of the hardcover in the 0-75 foot zone,they
would comply with the 75-foot setback from the lal�e,the adj acent house setback,the side yard
- setbacks, and the floodplain requirements. Gustafson noted the basement is located below the
floodplain,which also creates a hardship. The mechanical equipment is currently stored in the crawl . �
space,which requires a larger space in the footprint to replace. Two other site related issues that are
� being resolved by this proposal is the redrafting of the sewer easement,which is incorrectly written at
the present time, and the drainage being improved on the site. Gustafson noted the property currently
experiences between 8"and 15"of standing water following a rain storm,and after the neighboring
home was constructed,a majority of that runoff was diverted onto this property.
Gustafson noted the inability to remodel the existing residence creates a major hardship and that they
� � are forced to look at other options. .
Alexander pointed out that the property owners purchased the property approximately 16 years ago and
would like to keep usual and customary use of the property but that they are approaching retirement age
and would like to have one-level living as much as possible. Alexander noted this proposal does bring ' �
the property more into confornuty but that the applicants aze requesting some additional hardcover to �
accommodate their needs as they age.
Kempf asked what the size of the pool is. -
_ . Alexander stated to her understanding it is approximately 15'by 50'. �
Chair Kempf opened the public hearing at 7:13 p.m. �
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 7:13 p.m. �
Winer indicated she concurs with the recommendations of Staff.
Kroeger stated the remaining issue appears to be the amount of hardcover on the lot and that Staff is
recommending the home be constructed within the City's hardcover limits.
Kempf asked whether anything would be done to the existing sea wall.
Gustafson indicated they would be removing it and insf�Iiirrig riprap.
� Kempf noted the hardcover for the driveway is 283 feet and that any time someone chooses to add a
pool,things tend to get crunched and that there needs to be reductions made somewhere else.
Winer asked if the pool could be eliminated and possibly constructed at a later time to help reduce the
hardcover. � �
, .
Turner stated the pool does not consist of the entire overage for the hardcover.
PAGE 7
' .
NiINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,July 21,2008 �
6:00 o'clock p.m.
(#08-3370 Barb and Kevin Dulin,Continued)
Kang stated she understands the applicants' desire to ha.ve a one-level residence but that the applicants -
will need to look at ways to reduce the size of the house. .
Rice commented that it is difficult to find a hardship with this lot given its size.
Turner stated it is her belief the driveway is 10 feet wide but could not be reduced enough to bring the
lot into conformance with hardcover requirements. �
Berg concurred the size of the house should be reduced.
Gaffron stated in the list compiled by Staff,the City has two equivalent lots to this one,with one lot .
being located in the same neighborhood. The 75-250 zone is approximately the same size on both lots,
with the approved footprint being 3500 square feet versus the 5700 being requested in this application. �
Gaffron noted both of the two equivalent lots came in at 25 percent or less hazdcover,and that the
overage on this lot is simply a result of the one-level residence.
Winer suggested the applicants consider an elevator. -
Gustafson indicated the applicants do not desire an elevator.
Kempf stated the Planning Commission does not consider this to be a hardship lot and asked whether
the applicants would like to table the application to allow them time to redesign their plans. . . . .._ .
Gustafson requested the�application be tabled.
Kroeger moved,Kang seconded,to table Application#08-3370,Barb and Kevin Dulin, 185 . ..
Concordia Street,to allow the applicants time to redesign their plans. VOTE: Ayes 7,Nays 0.
*4. - #08-3371 JOEL AND CHRIS GERBER, 1295 BRIAR STREET,VARIANCE
Kempf moved, Schoenzeit seconded,to recommend approval of Application#08-3371,Joel and
Chris Gerber, 1295 Briar Street,granting of a front setback variance to construct a two-story
entry addition with a 33.8 foot front setback. VOTE: Ayes 7,Nays 0.
PLANNING COA�IlVIISSION COA�IlVIENTS
5. REPORT OF PLANNING COMIVIISSION REPRESENTATIVES ATTENDING
COiTNCIL MEETINGS JiJNE 23,2008,AND JULY 14,2008
Kroeger stated he attended the June 23rd meeting and that a large number of the items were placed on
the Consent Agenda.
Turner noted at that meeting the Council did discuss the Park Lane application,which was requesting a
variance and conditional use permit for a set of stairs. The applicants' eng-ineer recommended the stairs
PAGE 8
� MIlVUTES OF THE
ORONO PLANNING COA�IlVIISSION MEETING �
Monday,July 21,2008 �
6:00 o'clock p.m.
(Report of Planning Commission Representatives,Continued)
be flipped from right to left,which required the application to go back before the City Council. The
. Kroll application was tabled due to some issues with the road and was later approved.on the 14`�'with a
24-foot road.
Schoenzeit reported on the July 14�'City Council meeting,noting that a large number of items were
placed on the Consent Agenda. A representative from the Trinity Lutheran Church requested the speed
- limit be lowered on County Road 6. The ordinance approving certain recreational activities was
approved. The Fox Street sewer expansion was not approved by the Metropolitan Council due to the
impact on the City's density.
Gaffron stated the Metropolitan Council is requesting the City have an overall density of three units per
acre.
6. OTHER ISSUES FOR DISCUSSION
Kempf noted the trail from Navarre to County Road 19 has been paved. Kempf asked what the status of
the trail is from Shorewood to Dakota Rail.
Gaffron sta.ted the City Council has appointed three citizens to the trail advisory committee and that a
specific date has not yet been set for its first meeting. Gaffron stated the intent is that over the next five
months the committee will be meeting and a study will be completed on how feasible it is to construct a
� trail from Shorewood to Dakota Rail and what the costs associated with the project will be. �
The Planning Commission briefly discussed the amount of hardcover that is requested at times in �
applications. Berg commented the City has been very consistent for a number of years and has routinely • � -
not granted variances on structural coverage.
7. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS '
'- ON JULY 28,2008,AND AUGUST 11,2008 �
July 28,2008—Dick Kroeger
August 11,2008—Kim Kang
ADJOURNMENT .
Kroeger moved,Rice seconded,to ad'ourn the Orono Planning Commission meeting at 7:46 p.m.
VOTE: Ayes 7,Nays 0.
�
� Ralph empf,C air
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