HomeMy WebLinkAbout08/18/2008 Planning Commission Minutes 1VIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
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 Kim Kang,Loren Schoenzeit, and Tess Rice.
Representing Staff were Assistant City Administrator for Long-Term Strategy Mike Gaffron,Planner
Evelyn Turner, and Recorder Jackie Young. City Council Representative Mayor White was present.
Commissioner Jon Schwingler arrived at 6:15 p.m.
Chair Kempf called the meeting to order at 6:02 p.m.,followed by the Pledge of Allegiance.
CONSENT AGENDA
Item No. 6 was added to the Consent Agenda.
Kempf opened the public hearing for Application#08-3376 at 6:05 p.m.
There were no public comments regarding this application.
Kempf closed the public hearing at 6:05 p.m.
� Rice moved,Schoenzeit seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
*1. APPROVAL OF PLANNING COMNIISSION MEETING MINUTES OF JULY 21,2008
Rice moved,Schoenzeit seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
OLD BUSINESS
2. #08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD,VARIANCE,6:07
P.M.—6:41 P.M. �
Tom and Pat Kubalak,Applicants,were present.
Turner noted the Planning Commission reviewed this application at its July meeting and tabled it to
allow the applicant to make revisions. The applicants are proposing to construct a new two-story
residence with an attached two-car garage and a walkout basement. Turner noted the applicants have
made major revisions to their plans by reducing the size of the house and garage and eliminating the
retaining wall. The changes have resulted in the side setback and structural coverage variances being
eliminated and the proposed hardcover being reduced from 45.4 percent. Turner noted the applicants
made a significant error in their hardcover calculations by over-calculating the amount of hardcover and
that the actual hardcover being proposed is 33.64.
The applicant is currently requesting the following variances:
PAGE 1
MINUTES OF THE
ORONO PLANNING COMMISSION 1VIEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD, CONTINUED)
1. 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. 33.64 percent hardcover in the 75-250 foot zone when the maximum allowed is 25 percent.
The hardcover proposed by the applicant includes the house,sidewalk,the landing at a lakeside door,
and driveway. The proposed hardcover is 678 square feet more than the maximum allowed.
The Planning Staff recommends approval of the lot area and lot width variances. Staff would also
recommend approval of some level of hardcover variance to allow at least 29 percent hardcover in the
75-250 foot zone subject to a revised site/grading plan being approved by the City Engineer prior to
Council approval.
Patty Kubalak stated at the previous Planning Commission meeting their request for approval was
denied based on the overage in hardcover. The hardships they have encountered are the overall size of
the lot and the location of the garage as it relates to safety going in and out of the driveway. In 1959,
the City of Orono approved the division of their lot into two lots. Given the current restrictions on
hardcover,it is difficult to construct a residence that meets the hardcover limits.
Kubalak stated the overall amount of the structural coverage has been reduced to 15 percent and have
eliminated the side yard setback variance. They have also reduced the proposed hardcover by
approximately 10 percent but are still faced with the safety concerns relating to the current garage and
nonconformities with the garage setbacks. Kubalak commented they feel they have done their best to
meet the direction of the Planning Commission and the requirements of the City.
Kempf opened the public hearing at 6:17 p.m.
There were no public comments regarding this application.
Kempf closed the public hearing at 6:17 p.m.
Schoenzeit stated the house from the street now meets the 30-foot setback and asked if it could be
located closer to the lake. �
Turner stated the house is currently proposed to be 67 feet from the street,which is 37 feet more than
what it would have to be.
Schoenzeit noted the structural coverage has been reduced to 15 percent.
Kempf commented the applicants have made great progress,unless the Commission thinks the
maximum structural coverage should be allowed,but noted that Staff is recommending the hardcover be
further reduced to 29 percent. Kempf noted the City's ordinances state that new construction should be
at 25 percent,but that due to some limited hardships of the lot, Staff is recommending hardcover at 29
percent. Kempf stated he would like to see the hardcover reduced to the 29 percent and recommended
the applicants consider tabling their application to make further reductions in hardcover.
Schoenzeit asked if this house is closer to the lake than their neighbors.
PAGE 2
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD,CONTINUED)
Turner indicated it is not and illustrated on the overhead the location of the Kubalak residence and their
two neighbors.
Schoenzeit asked where Staff would like to see the house located.
Turner stated in order to meet the 15 percent structural coverage and 25 percent hardcover limits,you
would have to locate the house much closer to the street.
Schoenzeit stated in his view the 15 percent structural coverage allows a reasonably sized house and that
the applicants should look at the location of the house in an effort to reduce the hardcover.
Patty Kubalak pointed out the existing garage is located eight feet from the street.
Schoenzeit commented he is not suggesting that the house be located right at the street setback but that
it could be located closer to the street to reduce some of the hardcover.
Kempf stated the average lakeshore setback is an important consideration for a house located on Lake
Minnetonka and that it is a design decision the applicants will need to make.
Kang commented she does concur with the applicants that to locate the house 16 feet from the street
would create a safety issue and that it should be located further away.
Rice noted there would still be a reasonable use of the house and lot if the hardcover is reduced further
to the 29 percent being recommended by Staff.
Schoenzeit asked how many feet the house would need to be moved closer to the street in order to meet
the hardcover requirement.
Tom Kubalak commented if they relocate their house to conform to the 29 percent hardcover, it would
move it closer to the street by approximately 30 feet,which would be into the middle of the adjoining
structure and would impact their sightlines of the lake.
Turner stated the house would be sitting behind the neighbor's house,particularly the house to the
south.
Kempf stated he understands the applicants would probably prefer not to do that,but suggested the
applicants look at perhaps a combination of relocating the house and reducing the hardcover in some
other fashion.
Kempf asked whether the applicants would like their application tabled or have it proceed to a vote.
Kempf noted the Planning Commission is an advisory body to the city council and that the City Council
could grant the additional hardcover even if the Planning Commission recommends denial.
Turner commented the applicants may encounter a few more drainage problems if the house were
relocated given the small size of the lot.
PAGE 3
MINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3367 TOM AND PAT KUBALAK,2623 CASCO POINT ROAD, CONTINUED)
Tom Kubalak noted they have already reduced the size of their stxucture by approximately 400 feet.
Kempf commented the applicants started high on the hardcover initially,which is perhaps not the best
strategy.
Patty Kubalak stated they were following the advice of their designer but did take it upon themselves to
reduce the hardcover.
Kempf stated the applicants have the option to construct a house that is taller but that he does not
necessarily prefer to see a smaller footprint with another half-story or story added.
Schoenzeit asked if the Planning Commission would be in favor of preserving the proposed footprint
but relocating the house to the minimum setback at 30 feet,which would reduce the driveway
hardcover.
Kempf asked what the location of the house would be to the average lakeshore setback if the house were
located 30 feet from the street.
Turner illustrated the location of the house on the overhead and the location of the two neighboring
residences. Turner noted there is a slope in that area,which may require some retaining walls or extra
fill,and may eliminate the walkout.
Tom Kubalak asked whether he could relocate the garage.
Kempf stated it is his understanding it would need to be built within the existing footprint.
Turner stated the applicants would need to request possibly a side setback variance and/or a hardcover
variance. Turner noted there is no hardcover within the 0-75 foot zone and that relocating the garage
may result in the hardcover being shifted on the lot somewhat.
Kempf asked whether they have explored that option.
Patty Kubalak stated they did but they thought that a reduction in hardcover would be better.
Tom Kubalak stated they are also concerned about the hardcover and would prefer to have more grass.
Kubalak noted there is virtually no place to store snow on the lot. The existing garage creates a problem
with entering and exiting the lot. The existing house has deteriorated to the point where it needs to be
replaced. ,
Kempf asked whether the applicants would prefer the Planning Commission vote on the application or
table it.
Kubalak requested his application be tabled.
Kempf moved,Rice seconded,to table Application#08-3367,Tom and Pat Kubalak,2623 Casco
Point Road. VOTE: Ayes 5,Nays 0.
PAGE 4
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
3. #08-3370 KEVIN&BARB DULIN ALONG WITH J. SVEN GUSTAFSON WITH
STONEWOOD,LLC, 1785 CONCORDIA STREET,VARIANCE,6:42 P.M.—7:25 P.M.
Kevin and Barb Dulin,Applicants;J. Sven Gustafson,Developer; and Kathy Alexander,Designer,were
present.
Turner noted this application was reviewed at the July Planning Commission meeting and tabled to
allow for revisions. The applicants are requesting a hardcover variance. Currently the applicants are
proposing hardcover of 7,489 square feet in the 75-250 foot zone,which is 1,148 square feet more than
the allowed 25 percent. The orig-inal proposal was 2,399 square feet more than the allowed 25 percent.
In addition,the applicants are also requesting a conditional use permit to allow rearrangement of the
floodplain on the property and variances for a pool basin setback from the unimproved street on the
south side of the property and from the house. The pool basin is proposed to be placed seven feet from
the house and 13.8 feet from the unimproved street to the south of the property. The required setbacks
are 10 feet and 15 feet. The 10 feet structure-to-pool setback is necessary to avoid the potential for
people jumping from the roof to the pool and is virtually never varied.
The applicants are proposing to remove a substantial ice ridge on the property and create swales along
the property lines. This will improve drainage and compensate for the fill that would be necessary for
the new house. With a permit from the Minnehaha Creek Watershed District,fill may be placed in the
floodplain as long as the floor storage capacity of the property is maintained.
Staff recommends the hardcover and pool setback variances not be granted as it would not constitute a
hardship to redevelop the property without the variances. Turner noted the sewer easement is located
toward Concordia Street and that there is a good distance between the average lakeshore setback and the
easement. Staff does not find a hardship to locate the house closer to the lake than would be reasonable
in any other application.
c
Staff recommends the conditional use permit be granted if the site plan is revised to eliminate the
variances and address the City Engineer's concerns before it is approved by the City Council. Turner
noted approval must also be obtained from the Minnehaha Creek Watershed District.
Turner noted the pool basin must be located 15 feet from the property line. Staff would not recommend
approval of those variances and feels there is a way to accommodate the pool within the required
setbacks.
Gustafson noted they are not requesting any variances for the pool and that possibly Staff incorrectly
measured on the survey from the pool deck rather than the pool itself. Gustafson stated the pool is
located approximately 20 feet from the house.
Turner stated the survey is calling out an 12.8-foot setback from the edge of the pool deck, and that she
scaled on the other end to come up with the 7-foot setback. It appears the setbacks could be met if the
pool were relocated slightly. �
Kevin Dulin stated they do not intend to request a variance for the pool.
PAGE 5
MINUTES OF THE
ORONO PLANNING CONIlVIISSION MEETING ,
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3370 KEVIN&BARB DULIN, 1785 CONCORDIA STREET, CONTINUED)
Dulin stated they would like to start construction on the project prior to winter. They have been living
in the house since 1992,which has not been improved since that time, and that they would like to
remain in the house for the foreseeable future. The house has been added on several times and is not
laid out well for older occupants. One of their main goals with this project is to relocate the master
bedroom on the main floor.
Dulin stated they did consider remodeling the structure but determined it is not feasible given the
floodplain regulations. In 1988,the structure was added on to and was granted several variances;
namely a hardcover variance for the 0-75 foot zone and a variance for the third stall of the garage. Due
to the unique characteristics of the property,the Council recognized that there were pecularities that
wananted approval of the variances. Dulin noted that a portion of the 75-250 foot zone is not buildable,
which restricts their building area and forces them closer to the lake. A quarter of the existing house is
within the 0-75 foot area and that the current house does not comply with all the setbacks.
Dulin stated their options are limited and that they would like to construct a new house that resembles
the existing house. The mechanicals are currently located in the crawl space,which is filled with water
approximately one-third of the time. By relocating the mechanicals on the main floor,it is necessary to
increase the footprint of the house. Dulin noted they have significantly reduced the proposed footprint
of the house from the previous meeting.
Dulin requested the Planning Commission recognize that there are hardships on this property which
restricts them from constructing a house that is similar to what currently exists on the property. Dulin
requested they be granted a hardcover variance for the 75-250 foot zone given the restrictions of the lot
in that area.
Gustafson commented there are approximately one-half dozen nonconformities currently on the
property that they are eliminating with their proposal. The hardcover in the 0-75 foot zone is also being
eliminating and they are meeting the setbacks and floodplain requirements. Gustafson noted the current
home does not meet the floodplain requirements and that they do experience water in the subbasement
approximately three months out of the year.
Gustafson stated they would not be allowed to have the space below the home if the house were rebuilt.
The applicants are proposing to meet the side yard setbacks and would be correcting the drainage
problems on the property that resulted from the adjoining property not following their drainage plan
properly. Gustafson noted currently a portion of the property suffers from ponding following a
rainstorm. They are essentially requesting 29.14 percent hardcover,which is very close to the amount
of hardcover being recommended for the last application.
Gustafson noted they are substantially below what they would be allowed in structural coverage. They
are prohibited from locating the house closer to the street due to the sewer easement,which prevents
them from meeting the hardcover requirements. Gustafson noted their current proposal also eliminates
1200 square feet off of the garage. �
Kempf opened the public hearing at 7:03 p.m.
There were no public comments regarding this application.
PAGE 6
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3370 KEVIN&BARB DULIN, 1785 CONCORDIA STREET,CONTINUED)
Kempf closed the public hearing at 7:03 p.m.
Rice commented this is a nice size house with a pool and is located on a larger lot than the last
application. Rice stated in her opinion the property could be put to reasonable use with a smaller house.
Gustafson stated they are requesting what everyone else would be allowed to have with this size lot
without the sewer line.
Kempf asked if there is another residence on Concordia that has a similar problem with the sewer
easement.
Turner stated she is unsure of the exact location of the sewer line on the other property but that the
sewer line does continue north and runs through the lots rather than on the street. Some of the lots
actually have two houses on them, one on the lake and one on the road,which may be the reason for the
location of the sewer line.
Kempf stated the square footage for the house, garage,patio and pool,excluding the driveway,adds up
to 5,070 square feet. Kempf commented given a house and amenities consisting of that amount of
, square footage,it is difficult to conclude that there is a hardship involved with the lot. Kempf noted the
sewer line allows the applicants to locate their house where it currently sits and that there are a number
of good points to the lot. Kempf reiterated it is difficult to grant a variance for a house that is over 5,000
� square feet,especially giveri the other houses located on Concordia Street.
Dulin asked whether he would be able to remodel his existing house,because he has been told he cannot
remodel. They would like to relocate the master bedroom downstairs and that if he is going to go
through the expense of rebuilding,he would like to have a house that will accommodate their needs well
into the future. If they do not proceed forward with the new construction,there would be a number of
nonconformities that would remain in existence for the next owner.
Dulin stated on the previous application for this property,the City Council found the conditions existing
on this property to be peculiar to it and do not apply to other properties within this zoning district and
that they grant this variance. A variance was previously given to the property but that they are now
being told they cannot remodel the existing house. Dulin stated if the variance is not granted,it would
not fit in with what their plans are long-term and that they would need to move. Dulin stated if the
sewer line did not exist,he would be able to relocate the house further back.
Kempf stated historically how the Council feels about hardcover has changed over the years,and that
given a house of this scale,there is sufficient room to incorporate a shaft for a future elevator.
Dulin stated they would like to construct a one-level residence,which would accommodate their needs
as they grow older,and that in his view it is a reasonable expectation that they would be allowed to
construct a house that will accommodate their needs into the future. Dulin stated this property is
unique,and that because one of his neighbors did not have that sewer line,he was able to construct a
house that is larger than the house that he is proposing.
PAGE 7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3370 KEVIN&BARB DULIN,1785 CONCORDIA STREET,CONTINUED)
Kang stated in her view the applicants have made a reasonable effort to revise their plans in accordance
with the direction given by the Planning Commission and that a hardcover variance for the 75-250 foot
zone would be reasonable. Kang stated if Sta.ff could provide more information on the house on
Concordia, she may change her mind.
Turner stated they would be able to remodel but they would be required to bring the house into
conformance with the floodplain regulations. Due to the location of the house,it would be difficult to
remodel,but that they could reconstruct without the crawl space. The applicants would be limited to the
existing footprint and they would have to rearrange the space inside to accommodate the mechanical
equipment.
Alexander stated that is different than what was explained at the first meeting and that they were told
something regarding a 50 percent rule after a certain date and time. It was their understanding the 50
percent has akeady been exceeded.
Turner stated they would need to rebuild in the same location,maintain the current wall height,not
increase the roof pitch, and rearrange the inside layout of the structure.
Gustafson noted the main floor has low ceilings.
Turner stated the right to reconstruct is granted by state statute and it only allows them to reconstruct
within the existing footprint. Turner noted the City only looks at the exterior footprint and that they
would be able to rearrange the interior.
Alexander asked whether they would be able to remodel.
Turner stated the basement would need to be eliminated to bring it into compliance.
Gustafson stated that is a change from what they were told at the last Planning Commission meeting.
Turner illustrated the house at 1725 Concordia on the overhead. �
Dulin noted that other residence on Concordia has their master bedroom upstairs and that one of the
main reasons for rebuilding is to relocate the master bedroom down to the main level as well as relocate
the mechanicals to the main floor. Dulin commented he is not familiar with that property.
Gustafson stated that property does not have the floodplain issues like this property does.
Dulin commented in order to correct one nonconformity,they are being told to leave the other six
nonconformities as is.
Turner stated state statute says the city must allow replacement of a nonconforming structure except as
it relates to floodplain regulations but is not a city ordinance.
Schoenzeit stated in his view having a lot with a sewer line running through it does constitute a hardship
and the fact that the applicants are proposing zero percent hardcover in the 0-75 foot zone, are only 4.5
PAGE 8
MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3370 KEVIN&BARB DULIN, 1785 CONCORDIA STREET,CONTINUED)
percent over in the 75-250 foot zone and way under the 250-500 foot zone,he would be able to support
this request.
, Rice stated the Planning Commission should look at whether this property could be put to a reasonable '
use and that it comes down to a design issue.
Dulin reiterated he does not want to construct something that will not meet his needs. Dulin pointed out
13 percent of his house currently is situated in the 0-75 foot zone,which the City does not want. The
difficulties with the lot relate to the side setbacks,the fire lane setback,the sewer line,and that the
footprint keeps getting reduced. The current house in the 75-250 foot zone consists of 27.5 percent
hardcover and would not conform with today's regulations. Dulin stated the only reason they are
requesting an additional two percent is to get the mechanicals up on the main floor.
Schwingler noted the Planning Commission is a recommending body only and that their job is to
interpret code. Schwingler commented he understands the applicants'position, and while he may
concur with the way the applicants feel,it is his job to interpret the code.
Kempf asked whether the applicants would like their application tabled.
Dulin requested the Planning Commission vote on their application.
Schoenzeit moved, Kang seconded,to recommend approval of Application#08-3370,Kevin and
Barb Dulin,along with J.Sven Gustafson, 1785 Concordia Street. VOTE: Ayes 2,Nays 3,
Schwingler,Rice,and Kempf Opposed.
Schwingler moved,Kempf seconded,to recommend denial of Application#08-3370,Kevin and
Barb Dulin,along with J.Sven Gustafson,1785 Concordia Street. VOTE: Ayes 3,Nays 2,Kang
and Schoenzeit opposed.
NEW BUSINESS
4. #08-3374 WILLIAM G.ROBINSON,505 WILLOW DRNE SOUTH,SUBDIVISION,
7:25 P.M.—7:54 P.M.
William Robinson,Applicant,was present.
Turner stated the applicant is requesting approval of a preliminary plat to divide his property into two
lots. The lot consists of 12.35 acres and is located in the RR-1B district,which is one unit per two
acres. There are two wetlands on the property. The northern 350 to 400 feet of the property is a natural
wetland. The artificial pond along the west property line is also considered a wetland. The wetlands are
part of the public drainage system. The plat should include a drainage easement over the wetlands.
Turner stated both lots would be served by private wells. The property is not within the MUSA. The
applicant has provided two acceptable septic locations for the new lot and two for the existing house.
PAGE 9
MINUTES OF THE '
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m. .
(#08-3374 WILLIAM G.ROBINSON,505 WILLOW DRIVE SOUTH, CONTINUED)
The existing system does not comply with current requirements and the subdivision would trigger its �
replacement.
The proposed lots conform to the width and area requirements. As proposed,the existing driveway
would be maintained for the new house,with a new driveway being proposed off of Fox Street for the
new lot. The Commission should discuss the possibility of accessing Lot 1 from Willow Drive to
preserve more of the significant trees along Fox Street. The applicant feels the driveway can be routed
to preserve most of the trees. Turner stated the City Engineer's recommendation regarding Best
Management Practices for erosion and sediment control should be adopted if the driveway to Fox Street
is allowed.
Staff would note there is a setback issue with the proposed tennis court and would require a 50-foot .
setback from the east lot line.
In the southwest corner of the property,the north edge of the pavement of Fox Street is at the south edge
of the property. While there is a 66 foot wide right-of-way at this location,because of the wetland to the
south,it is unlikely the roadway will ever be shifted south. Additional right-of-way should be dedicated
to provide 33 feet from the center of the existing roadway.
Staff recommends approval of the preliminary plat subject to the following conditions:
l. The applicant demonstrating there is adequate sight distance for the driveway for the new lot.
2. Submission of a revised grading plan addressing the City Engineer's first,fourth,and seventh
' comments, and including the Best Management Practices referenced in the sixth comment,
before Council consideration.
3. Dedication of right-of-way for Fox Street 33 feet from centerline of traveled road.
4. Establishment of buffers and the provision of the required covenants and a Flowage and
Conservation Easement over the wetlands and buffer areas.
5. Provision of customary perimeter drainage and utility easements.
6. Execution of a restrictive covenant for protection of sewage treatment sites.
7. Payment of a park dedication fee for Lot 1.
8. Payment of the Storm Water and Drainage Trunk fee.
9. Replacement of septic for existing house.
If the Planning Commission is unable to determine that Fox Street is the best access for Lot 1, Staff
would recommend that the application be tabled to allow additional information to be provided,
including:
PAGE 10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3374 WILLIAM G.ROBINSON,505 WILLOW DRIVE SOUTH, CONTINiTED)
1. A revised grading plan addressing the City Engineer's first,fourth, and seventh comments, and
including the Best Management Practices referenced in the sixth comments as well as the
location of trees(other than buckthorn)larger than six inches in diameter in areas to be
disturbed by grading.
2. Demonstration of adequate sight distance for the driveway for the new lot.
Robinson stated he has resided at this property for the past 20 years and that recently he has decided to
subdivide the lot into two lots. Robinson commented there is a substantial amount of buckthorn on the
property currently and that this project will help eliminate the buckthorn.
Chad Lindbloom,2690 Rainey Road, stated he is the prospective buyer of the lot. Lindbloom indicated
access off of Fox Street would allow them access to the front of the lot and that there are not as many
trees near Fox Street as there is along Willow Street. As many trees as possible will be preserved and
they prefer the privacy the Fox Street driveway would afford. The access off of Fox Street would also
give them the approach to the house that they would like.
Kempf opened the public hearing at 7:39 p.m.
Roger Anderson,Civil Engineer, 13605 First Avenue North,Plymouth,noted they are not requesting
any variances on this proposal. A survey was completed on the property, a wetland delineation
completed,and septic reports have been prepared. The key issues are the sight distance issue and access
issue off of Fox Street.
Anderson stated the depicted layout of the house on the lot is merely a suggestion of what might go on
the lot and that it is his opinion the property owner would be able to fit a house and other amenities on
this lot without requesting any variances. It was not their intention to design a house for the
Lindblooms but that the intention of the drawing is to show what the lot could accommodate.
The driveway will meet driveway standards,with 50 feet of two percent grade,with the proposed area
easily accommodating that. The driveway has not been staked out and which trees will need to be
eliminated has not been depicted on the survey. Anderson stated that would be a decision that will be
made by the property owner at the time he finalizes his proposal. Access off of Fox Street will help
ensure privacy of the lot. Anderson stated in his mind it is possible to locate a driveway off of Fox
Street that meets all the requirements of the City.
As it relates to sight distance,the requirements of Mn/DOT are based on miles per hour, and in this case
Fox Street has a 30 mile per hour speed limit. Mn/DOT's stopping sight distance for this type of road is
250 feet and that the driveway could be located in such a way to meet that requirement. In addition,the
traffic on Willow is heavier than Fox Street. The applicant is agreeable to dedicating the additional
right-of-way as recommended in Staff's report.
Kempf closed the public hearing at 7:45 p.m.
Kempf indicated he did walk the property at the street,and judging from the approximate location of the
driveway,it looked like it would be satisfactory. Kempf concurred there might be a considerable
PAGE 11
MINUTES OF TIiE
ORONO PLANI�TING COMMISSION MEETING
Monday,August 18,2008
� 6:00 o'clock p.m.
(#08-3374 WILLIAM G.ROBINSON,505 WILLOW DRIVE SOUTH, CONTINUED)
amount of traffic on Willow and that access off of Fox Street may be the most appropriate spot for a
driveway.
Kempf asked if there are not any variances being requested on this application,whether the City would
have any control over where the driveway would be located. Kempf stated he would like the City to
maintain some say over the location of the driveway and the elimination of trees.
Turner stated the City would have some control over the location of the driveway as it relates to sight
distance, slope and grades. Turner stated the City would not be able to control the removal of trees but
that the applicant could voluntarily place a covenant over that area to preserve the trees wherever
possible.
Schoenzeit stated based on the limited septic sites,it is unlikely that either of these two lots would come
back for a future subdivision.
Lindbloom stated he has the one lot under purchase agreement subject to city approval of the application
and that it is their intention to construct a house in the middle of the lot.
Schwingler moved,Rice seconded,to recommend approval of Application#08-3374,William G.
Robinson,505 Willow Drive,with the recommendation that the applicant consider preserving as
many trees as possible during construction of the driveway. VOTE: Ayes 5,Nays 0. •
5. #08-3375 NIICHAEL AND MARY DRAZAN,3546 IVY PLACE,VARIANCE,7:54
P.M.—8:29 P.M.
John Sonnek, Charles Cudd Homes,was present. �
Turner stated the applicants are requesting hardcover variances for the 0-75 and 75-250 foot setback
zones. In addition,the applicants are requesting a conditional use permit for grading within the 0-75
foot zone to allow them to remove a lake-side deck and retaining walls and to re-grade the slope.
The applicants had previously submitted an application,which was later withdrawn, and have recently
reapplied. Their current proposal reflects their revised request,which is a reduction from the previously
approved hardcover for the 75-250 foot zone of 29.9 percent. The applicants have used the approvals
granted to Ted Capra,the property just to the south,as a guideline for their hardcover proposal.
The applicants are requesting minimal hardcover of 0.8 percent within the 0-75 foot zone in order to
construct a lake access stair and 29.9 percent hardcover within the 75-250 foot zone for the house, •
driveway, and sidewalk.The house they have proposed is under 15 percent structural coverage and has
the appearance of a one and a half story home when viewed from the road. A three-car garage is
proposed as well as minimal driveway and sidewalk.
Sonnek distributed copies of the new survey on the property.
PAGE 12
NIII�TUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3375 MICHAEL AND MARY DRAZAN,3546 IVY PLACE, CONTINUED) .
Turner illustrated the elevations of the proposed house and garage on the overhead.
Turner reviewed the City Engineer's comments outlined in Staff's Report and noted that the applicants
are proposing along the north lot line a swale with a French drain at the bottom of it to provide adequate
drainage in that area
Planning Staff recommends approval of the conditional use pernut for grading and slope restoration
- within the 0-75 foot zone; approval of a level of hardcover the Planning Commission deems appropriate
in order to construct a new residence. The proposed home must meet the 30 feet and 2.5 story height
limitations.
John Sonnek, Charles Cudd Homes,noted the Drazans were unable to attend tonight's meeting due to
an injury sustained by their daughter earlier in the day. Sonnek stated they have addressed each of the
concerns raised by Staff and the concerns the City Engineer has raised and have incorporated them on
the survey that was distributed earlier.
Kempf opened the public hearing at 8:05 p.m.
There were no public comments regarding this application.
Kempf closed the public hearing at 8:05 p.m.
Kempf indicated he did tour this property and that his concerns have pretty much been alleviated by the
incorporation of Staff's and the City Engineer's recommendations into the survey. Kempf stated he
does not feel the impact on the property is as great as what he originally thought.
Sonnek stated they were unable to fix the grade on the neighboring lot and have elected to keep all of
the drainage onto this property along with the installation of the French drains. As it relates to the
re-grading of the 0-75 foot zone following the removal of the hardcover,they have decided the best
option would be to maintain a 3 percent slope from the house to the swale,with a 3:1 slope in the area
leading down to the lake.
Rice asked about the comment contained in Staff's report regarding the garage not fitting in with the
natural topography of the neighborhood.
Kempf stated there are a number of difficulties with this lot,including a number of trees,and that
Sonnek might be better able to address that point.
Sonnek pointed out there are two large trees located at the front corner,with another large tree on the
other side. The Drazans would like to preserve as many of the existing trees as possible. If the trees did
not exist,they would be able to fill in that area with dirt,but given the location of the trees, a retaining
wall is necessary.
Kang asked whether the 29.9 percent hardcover in the 75-250 foot zone consists primarily of the
driveway.
PAGE 13
1VIIlVUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3375 MICHAEL AND MARY DRAZAN,3546 IVY PLACE,CONTINUED)
Sonnek stated it does and that they are at 13.7 percent for the structural coverage.
Gaffron pointed out that Exhibit C shows a series of retaining walls and decks in the 0-75 foot zone and
that Exhibit B shows the proposed house but does not include any grading work in the 0-75 foot area.
Gaffron noted the survey which was distributed tonight does show a significant amount of grading work
and that there is grading being proposed that will probably not be approved. Gaffron expressed a
concern that the slope may not match the existing slope on the adjoining properties.
Sonnek indicated the grading was work recommended by Bonestroo and that they are basically
attempting to blend the slope where the retaining walls used to be. Sonnek stated if you follow the
elevations,it shows a blending of the area where the retaining walls are. In an effort to preserve the
mature trees,they will do the best they can to blend the soil in that area and attempt to achieve a
standard 3:1 slope as close as possible in order to eliminate the retaining walls. .
Gaffron noted a conditional use permit is noted in Staf�s report and that he wanted the Planning
Commission to be aware of that issue. Gaffron asked whether there is a landscaping plan for that area.
. Sonnek stated the one major tree at the bottom will stay and that they are anticipating one tree that is
currently dying will be removed.
Gaffron asked whether there will be any plantings besides grass in that area.
Sonnek stated at this point they are planning to just sod the area but that they would be willing to
consider other plantings if the City feels that is necessary.
Kempf commented he is comfortable with the grading in the 0-75 foot zone rather than retaining walls.
Kempf moved,Rice seconded,to recommend approval of Application#08-3375,Michael and
Mary Drazan,3546 Ivy Place.
Turner asked whether the Planning Commission would like to include some language in the motion
concerning permeable pavement. The City Engineer noted it would be okay to require permeable
pavement in this type of situation.
Kempf stated he generally is in favor of permeable pavement and that typically that discussion in held in
applications where a variance is being requested.
Turner stated permeable pavement would help to offset some of the impact of the hardcover.
Kempf indicated he would be in favor of Staff's recommendation to require permeable pavement for the
driveway and sidewalks.
Turner suggested the Planning Commission consider making it a recommendation. �
Kempf asked whether Mr. Sonnek is familiar with the permeable material.
PAGE 14
. � MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(#08-3375 MICHAEL AND MARY DRAZAN,3546 IVY PLACE,CONTINUED)
Sonnek indicated he is unable to commit to that without first consulting with the Drazans.
Rick Demmon,Charles Cudd, asked whether the City has a list of approved permeable materials.
Demmon stated if it is a gravel driveway that would need to be oiled,there would be some issues with
that.
Kempf stated gravel would not apply.
Sonnek stated if the surface is not kept clean,the debris will inhibit the drainage capacity of the
permeable material.
Gaffron stated the City typically does not oppose the use of permeable materials but generally does not
give credit for them as it relates to hardcover calculations.
Kempf stated he is willing to send this on to Council for their consideration.
Gaffron noted there are two slopes near the lake and suggested that a rain garden might also be an
option to help improve water quality.
Sonnek indicated he did speak with the Drazans regarding that item earlier today and that he would
prefer to have a rain garden at the end of the French ditch.
Kempf amended his motion,Rice seconded,to recommend approval of Application#08-3375,
Michael and Mary Drazan,3546 Ivy Place.subject to the incorporation of rain gardens at the end
of the French ditches. VOTE: Ayes 5,Nays 0.
*6. #08-3376 CITY OF ORONO PUBLIC WORKS,RIGHT-OF-WAY AT CASCO POINT
AND FREDERICK STREET,CONDITIONAL USE PERMIT
Rice moved,Schoenzeit seconded,to recommend approval of Application#08-3376, City of Orono
Public Works,Right-of-Way at Casco Point and Frederick Street,Conditional Use Permit.
VOTE: Ayes 4,Nays 0.
PLANNING COMMISSION COMMENTS '
7. REPORT OF PLANPTING COMINIISSION REPRESENTATIVES ATTENDING
• COUNCIL MEETINGS JULY 28,2008,AND AUGUST 11,2008.
Turner stated the City Council at the July 28°i meeting tabled the survey ordinance.
Kempf reported on the August 11`t'meeting,noting that there was a report by the LMCD representative
who indicated that the amount of milfoil this year is down from years past. The Council also discussed
the fact that a chemical study is being conducted to see how the chemical treatment is progressing.
PAGE 15 .
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday,August 18,2008
6:00 o'clock p.m.
(Planning Commission Report,Continued)
Gaffron stated during the public comment portion of the City Council meeting,Mr.Ried addressed the
City Council regarding the house on Baldur Park being constructed by Vogstrom and how it is located
approximately two feet in front of his house. Ried stated he remembers the conversation being that the
Vogstrom house would be even with his house. Gaffron sta.ted based on his review of the minutes and
Staff's notes,the actual conversation was that the house would be relocated further back but not even
with his house. Gaffron indicated Staff and the City Council do not feel the location of the house will
have a negative impact on Mr.Ried's views of the lake and that the City is about to issue a building
permit allowing Mr.Vogstrom to construct the house as proposed.
Turner stated the survey shows the house being located behind the average lakeshore setback.
Kempf noted the survey ordinance was also discussed by the Council at the August 11`�'meeting and
that it was the feeling of Council Member Rahn that the ordinance appeared to say that three separate
surveys would be required in every situation,which is not the case. Based upon the comments of
Council Member Rahn,the City Council requested that the language be revised.
Kempf stated Council Member Murphy reported that Mn/DOT is still opposed to the roundabout and
that it is unlikely the City will continue to pursue it. The Dakota Trail is also experiencing good use.
8. OTHER ISSUES FOR DISCUSSION
None
9. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS
ON AUGUST 25,2008,AND SEPTEMBER 8,2008
August 25,2008—Kang
September 8,2008—Kempf
ADJOURNMENT
Rice moved,Schwingler seconded,to adjourn the Orono Planning Commission meeting at 8:39
p.m. VOTE: Ayes 5,Nays 0. .
Ra Kempf, C air
PAGE 16