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HomeMy WebLinkAbout10/20/2008 Planning Commission Minutes �, � , � . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 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,Coxnmissioners Loren Schoenzeit,Dick Kroeger,Tess Rice, and Alternate Janice Berg. Representing Staff were Planner Evelyn Turner,Planner Melanie Curtis, and Recorder Jackie Young. Planning Comxnissioner Jon Schwingler arrived at 6:05 p.m. City Council Member Lili McMillan was present. Chair Kempf called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. APPROVAL OF PLANIVING COMMISSION MEETING MINUTES OF SEPTEMBER 15,2008 Berg moved, Schoenzeit seconded,to approve the minutes of the September 15,2008 Planning Commission meeting. VOTE: Ayes 5,Nays 0. OLD BUSINESS 2. #08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERIVIIT,6:01 P.M.—7:30 P.M. Barry Tanner,Applicant,was present. Turner stated the applicant is requesting a conditional use permit to operate a bowling center. The Planning Commission previously heard this application on September 15`�'. Staff visited the site on the evening of October 13`�'. The three lights on the utility poles in the lower parking lot were on. Although these fixtures appear to comply with the requirement that no direct source of light be visible from the public right-of-way or adjacent land,there was light spillage onto the townhouse property to the south. The lights on the rear of the building were not on. The stairs from the lower to upper parking area were not illuminated. The only lighting for the upper parldng lot is street lights on Shoreline Drive. The driveway entrance to the lower level parking area is lit by the lights in Lunds' parking lot across Kelly Avenue. As it relates to parking,current City code would require up to 133 parking spaces. The upper level of the building is approximately 11,000 square feet. The code would require one space for every 150 feet less space devoted to hallways,utility rooms and storage. Rather than try to measure the space, Staff suggests the use of a standard of one space for every 200 square feet of total floor area. This is a commonly used industry and community standard for retail uses. It would require 55 spaces for the upper level of the building. Orono Code would require six spaces for each lane for the bowling alley. Using these two standards,the total required parking spaces for the site would be 115 spaces. There is currently a paved area on the Shoreline Drive side of the building that could be striped for 28 spaces. The gravel and dirt parking area on the corner of Shoreline Drive and Kelly Avenue could accommodate an additiona131 spaces,for a total of 59 possible spaces on the upper level. The paved area on the lower level could be striped for 44 spaces. The total possible spaces on site would be 103, which is 121ess than required by current code. PAGE 1 MINUTES OF THE � ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) It is not clear if the current code would apply. There was some suggestion that the code requirement of six spaces per bowling lane is excessive since normally the maximum number of bowlers per lane is four. Staff recommendS the conditional use permit for a bowling center be approved with the following limitations: 1. Hours of operation: 10 a.m.to 10 p.m. Sunday through Thursday and 10 a.m.to 11 p.m.Friday and Saturclay. 2. Video games and pool tables: As an incidental use,up to three amusement devices and up to two pool tables are pernutted in addition to the six bowling lanes. 3. Food service: Food service is allowed as accessory to the bowling activities. The applicant needs to provide additional information regarding the proposed kitchen. 4. Live entertainment: Live entertainment is not allowed at events open to the general public. 5. Signage: The business will be subject to the applicable sign regulations with the following additional restrictions: a. Only one sign of up to 20 square feet may be placed on the exterior south wall of the building. This sign may be illuminated only when the bowling alley is open. b. The only illuminated window sign allowed is an open/closed sign. 6. Parking: The bowling allow may operate with only 44 spaces in the lower parking lot as long as they are adequate. If additional spaces are necessary,the gravel and dirt portion of the upper parking area shall be paved and the stairs repaired. a. A rack for parking bicycles should be installed. 7. Lighting: The parking area shall be illuminated during nighttime hours when the bowling alley is open. 8. Noise: a. While an outside area may be designated for smoking,no outdoor eating area may be provided. b. No deliveries or trash/recycling servicing may occur before 7 a.m. or after 6 p.m. PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) 9. Screening: a. The existing fence along the south edge of the parking area belongs to the adjacent townhouse association. If this fence is removed, an equivalent fence shall be constructed on the bowling alley property. b. A solid fence with a minimum height of 42 inches shall be constructed to Kelly Avenue from near the end of the existing fence on the townhouse property. If this existing fence is extended to the property line,the two fences shall connect. c. Additional screening is provided by trees on the adjacent townhouse property. If these trees are removed,the City may require planting of similar trees on the bowling alley property. d. Trash and recycling containers shall be stored within the building. (This may require modifications to the storage area to comply with building and fire codes.) 10. Property maintenance: a. The south exterior wall of the building and the south parking area shall be restored and maintained in good condition. Specifically the following items require attention: i. Pieces missing from the wood band on the wall should be replaced. ii. The three non-functioning,wall-mounted light fixtures should be removed. iii. The entire south wall should be painted in colors similar to the current colors. iv. The parking lot pavement should be patched and repaired. v. Weeds growing within the parking lot and around the power poles should be controlled. vi. Trees and shrubs should be trimmed to provide a minimum of 13 feet of clearance over parking/driving areas. vii. Parking spaces should be striped and wheel stops provided where required. Staff requested the Planning Commission deternune whether a letter of credit should be given to the City. Kempf asked how tall the existing fence is. Tanner stated to his lrnowledge it is six feet tall. Turner commented it may be between five and six feet and that it is located on a berm in places. PAGE 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) Tanner indicated he is in agreement with basically everything recited by Planner Turner but that there are a few minor clarifications he would like to make. Under recommendation number two,video games and pool tables,Tanner pointed out that there are actually ten bowling lanes rather than six. Tanner asked why he is limited to three amusement devices. Turner stated if there were over three amusement devices,it would be considered an amusement arcade and he would need to have his conditional use pernut amended to a bowling center and amusement arcade. Kempf stated if the applicant is interesting in having more than three amusement devices,it would be necessary for him to request his conditional use permit be amended. Kroeger asked if it would be safe to assume that the amusement devices would attract a younger clientele. Turner commented she is not sure whether three amusement devices would attract a substantial number of younger people. Tanner stated he had not determined an exact number of amusement devices,but that he had figured that he might have room for six such devices. Tanner stated he would be fine with three amusement devices if a higher number resulted in his application being delayed. Tanner illustrated the proposed signage for the bowling center and noted that the signage he would prefer would be 40 square feet. Tanner requested that he be allowed a bigger sign than 20 square feet, and noted that the building is over 100 feet long and that the purpose of this sign is to denote the entrance. Turner stated the 20 square feet listed in Staff's report was not intended to be the only sign allowed and that the applicant may choose to have more than one sign. Turner commented that the size of the proposed sign does not appear to be too obtrusive. Kempf asked if there is a sign located on Kelly. Tanner stated the sign that is currently on Kelly is located in the trees and would be removed. Tanner displayed a pole sign that he would like to erect on Shoreline Drive. Berg asked if there is a sign currently located along Kelly behind the building denoting where to turn to access the parking lot. Tanner stated there is a pole sign located there but that it would need to be removed since it is not legal because it is located in the right-of-way. Turner stated they would be allowed a sign on Kelly Avenue and that it is likely it would need to be a monument sign. PAGE 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) Berg stated she would assume that there would be a sign on Kelly Avenue to delineate where patrons should enter the parking lot. Turner stated the directional sign into the parking area would be a little difficult to locate given the fact the retaining wall is actually located in the right-of-way. Schoenzeit asked whether there are any certain standards in the City's code that govern gas station and restaurant signs versus bowling alley signs since Culver's and Holiday have pole signs. Curtis noted the Culver's sign in this area predates the City's sign ordinance and that the City only allows a monument sign to be a maximum of 10 feet tall. Berg asked how far the right-of-way extends from the road. Turner stated to her lrnowledge it is approximately 28 feet and that the directional sign might need to be located on the south side of the driveway. Kempf commented the sign located on Shoreline Drive would help attract customers to the bowling alley. Tanner stated he did speak with the homeowner's association regarding the fence and that there is a general consensus to not construct the fence all the way down to Kelly. Kempf noted Staff's report states a minimum height of 42 inches and asked whether the applicant intends to construct it at the 42 inches. Tanner stated it is his intention to match the existing fence. As it relates to trash and recycling containers,Tanner indicated he is not opposed to storing it within the building but that there is an outdoor area that is currently being used by other tenants of the building that he could also utilize. Tanner stated it would be difficult to have a dumpster located inside the building. Turner stated if the dumpster is to be located outside,there should be some type of enclosure built around it along with screening. The other concern Staff would have would be if they are going up and down the steps with the trash,the stairs would need to be reviewed by the building inspector. Kempf noted the steps may be an issue since that area is designated as overflow parking. Kempf asked if the stairway is lighted. Turner stated the stairs did not appear to be lighted and that the lighting on the upper level of the parking area is limited to some lights located along the street. Schwingler asked if the current dumpster area is screened. Turner indicated it is not enclosed and that it appears to be used by the liquor store. PAGE 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) Berg noted there is also a dumpster located by the auto parts store on the upper level. Tanner stated it would not be difficult to add some fencing and screening around the dumpster. Tanner stated because the building does not house a functioning business currently,the rear of the building is somewhat in disrepair but that he does not have a problem making the improvements recommended by Staf£ Tanner illustrated the rear entrance on the overhead. Kempf noted Staff's report states there are three nonfunctioning wall mounted light fixtures. Tanner pointed out the three wall mounted fixtures. Tanner stated he is unsure wliether the fixtures would need to be removed from the building but that he was told each of the lights could be shut on and off at a switch. Turner stated to her understanding the fixtures do not meet the City's requirement for shaded lighting, and if they are non-functioning,they should be removed. Kempf stated it is his understanding one of the lights shines out onto the parking lot. Tanner illustrated the light fixture on the building and stated the lights are wired on a separate switch. Tanner indicated he is willing to comply with the direction of the City as it relates to the lighting and that he is in agreement with the rest of Staff's report. Chair Kempf opened the public hearing at 6:38 p.m. Sylvia Bertagnoli,2499 Kelly Avenue, stated she resides in the townhouse next door to the property and that her main concern is that the bowling alley complies with the hours of operation. In addition, Bertagnoli expressed a concern that the number of amusement devices may increase over time and requested the City monitor that situation periodically. Bertagnoli indicated she does not have a big concern with the lighting but that she would request the lighting not shine on her deck or residence. Bertagnoli stated she would also prefer not to have any tables or chairs in the smoking area. Bertagnoli stated in her opinion the stairs are unsafe. Turner noted the Planning Commission has the discretion to regulate the number of tables located within the smoking area. Kempf asked whether the stairs are dangerous because they collect ice and snow or because they are old. Bertagnoli stated they collect snow and ice and are also old with no railing. Sandy Lindgren,2501 Kelly Avenue, indicated she concurs with the comments of Syliva Bertagnoli. Lindgren asked how big the current signage is. PAGE 6 , � � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) Tanner stated the proposed sign is 8' x 5'and is somewhat smaller than the old sign. Lindgren stated she does not feel the proposed signage is too large. Lindgren requested the lighting not shine into the residential area and that she would like to see the rear of the building improved. Kempf noted the sign is illuminated from within and would be visible. Lindgren stated she understands that. Lindgren concurred the stairs are unsafe and should be improved. Bertagnoli asked how big the proposed kitchen is. Tanner stated their plan is not to expand the current kitchen and that they will keep the food to a minimum, such as pizzas,burgers and fries. Turner stated there is a level of service that can be provided without the health department being involved but that burgers and fries would rise to that level and require additional regulation. Curtis asked whether there is a grill and frying station located within the building currently. Tanner noted there are other ways of serving burgers without having a grill. Sclioenzeit noted the Planning Commission did discuss the benefit of having some type of food available if alcohol is going to be served. Curtis noted that some comments from the previous Planning Commission meeting dealt with concerns from the neighbors regarding the food odors that may be emitted from the bowling center. Berg stated it is her understanding that the applicant is proposing a small snack type facility and that it would be difficult to distinguish food odors coming from this facility versus Culver's or Narrows Salon. Kempf noted this district does allow that type of use and that it would be difficult to control the food odors. Chair Kempf closed the public hearing at 6:53 p.m. Schoenzeit asked whether there would be bowling leagues and how many people are typically on a team. Tanner stated there would be five or six players on a team. , Schoenzeit commented that with ten bowling lanes and five people to a bowling team,approximately 50 parking stalls would be required for the bowling leagues and staff and that the 60 stalls should be mandatory. Schoenzeit stated the number of parking stalls required may exceed that number at the crossover time. PAGE 7 MINUTES OF THE ORONO PLANNING CONIlVIISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) Tanner noted Staff's calculation was based upon the gross square footage upstairs. Turner noted Staff included only the bowling on the basement level of the building in the parking calculation. Turner stated she counted 103 parking stalls available. Tanner stated there is also the possibility that there will not be full leagues back to back. Schoenzeit commented that ample parking should be a requirement. Tanner stated he does not own the building and that he has already incurred considerable cost in bringing his application before the City. Tanner stated he would prefer to stay with the 44 spaces in the lower parking lot and not pave an additional parking area at the present time. Rice asked whether the gravel parking area would actually be utilized. Tanner stated that is possible. Rice stated if the gravel parking area is being used on a regular basis,that would be an indication of whether additional blacktop parking is required. Kempf stated it is likely they will utilize the upper parking area as well as the parking area to the west if they prefer not to use the stairs: Schoenzeit stated the number of leagues could dictate the number of parlcing stalls required. Kempf stated it appears the Planning Commission would like the stairway improved and well lit and that the upper parking area does not need to be paved at the present time. Berg asked where the bicycle rack would be located. Tanner illustrated there is an area by the garage where a bicycle rack could be located. Kempf noted the bowling center is located close to the Dakota Trail and asked whether there is a particular number of bicycle racks that the applicant is considering. Tanner stated to his understanding a bicycle rack could hold approximately 12 bicycles. Kempf stated the lighting mounted on the building should be removed. Tanner indicated he is not opposed to removing them. Berg noted the applicant would be required to adhere to the City's lighting code. Turner stated the City's code requires the lighting to face downward and that the light fixtures do appear to meet that code. PAGE 8 MINUTES OF TI� ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08=3381 BARRY TANNER,3435 SHORELINE DRIVE, CONDITIONAL USE PERMIT, CONTINUED) Kempf commented it does appear that the lights mounted on the poles shine down into the neighbors' properties. Tanner pointed out the residents have been seeing this light for the past ten years. Bertagnoli stated they are not happy with the lighting. Schoenzeit stated it sounds like the neighbors are requesting more directional lighting. Turner stated the lights located on the poles are located in the center of the lot and are the typical kind of fixture that is rented from the utility company. Kempf commented the light fixtures nowadays have been greatly improved and that perhaps the existing fixtures could be replaced with something newer. Turner stated she is unsure whether a new fixture could be located on the existing pole and that it may be necessary to replace the entire thing. Berg noted this is not new construction and that the applicant would incur a substantial expense to run electricity to the edge of the parking lot. Turner stated the applicant could speak with the utility company to find out whether a different type of fixture is available. Kempf stated he would be agreeable to having the applicant work with Staff on the lighting plan prior to proceeding forward to the City Council. Rice asked whether the City has received complaints regarding the lighting in this area prior to this application. Rice stated if it is not a major issue, she would not have a problem with the current lighting. Tanner noted there are three large evergreen trees,as well as other trees,located near the residences, which blocks a significant amount of the light from the parking lot. Tanner stated the homes also face the lake and not the parking lot. Kempf stated a complete lighting plan can be expensive but that at the very least he would like the applicant to explore lighting fixture options. Tanner stated he would be happy to look into it and work with staff on the lighting. Kroeger concurred the applicant should look at his lighting options prior to the council meeting. Bertagnoli pointed out the leaves on the trees will be falling off soon and that the lighting is a concern. Bertagnoli noted the center pole was replaced approximately one year ago,which has caused the lighting problem. PAGE 9 MINUTES OF THE ORONO PLAIVNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) Kempf stated the issue with noise relates to the smoking area and that it was his understanding there would be no outside seating in the smoking area. Tanner stated that is correct and pointed out that the smoking area needs to be located approximately 25 feet away from the entrance to the building. Kroeger noted a person is not able to stop someone from going out in the parking lot to smoke and that it would be a more ideal situation if there is a designated area to help limit the smokers to one area. Kempf asked if the fencing would match what exists. Tanner stated it would. Turner requested the exact location of the end of the fence be determined. Bertagnoli stated they do not need the fence to go all the way down Kelly Avenue and that they would like the fence to be extended approximately 25 feet. Kempf indicated he would be in favor of revoking the conditional use permit rather than requiring a letter of credit or bond. Rice concurred. Rice asked whether the applicant would need to come back if he desired additional amusement devices. Turner stated he would need to apply for an arcade license if he desired more than three amusement devices. Kempf stated he would be fine with a large sign along Shoreline as well as a directional sign into the parking lot. Kempf stated a sign denoting the end of the parking lot would also be desirable. Kempf stated he is unsure whether a large sign would be necessary on the rear of the building and that he would prefer to see a sign that is as low as possible. Schwingler stated a too small of sign would look out of scale with the rest of the building and that the proposed sign appears to be a nice size for the building. Kempf stated the consensus of the Planning Commission is that a 40 square foot sign is fine for the rear of the building. Turner suggested if the applicant is considering a different color scheme for the building,he should notify staff. Kempf moved,Kroeger seconded,to recommend approval of Application#08-3381,Barry Tanner,3435 Shoreline Drive,granting of a conditional use permit for a bowling center,subject to the conditions of Staff as outlined in the October 20,2008 Planner's Report,with an 8' x 5' sign above the front and rear doors being allowed,a directional sign on Kelley denoting the parking lot PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3381 BARRY TANNER,3435 SHORELINE DRIVE,CONDITIONAL USE PERMIT, CONTINUED) entrance and the one edge of the parking lot being allowed,only an illuminated openJclosed sign being allowed,paving of the upper lot not being required at this time,stairway access from the upper lot to the lower lot being improved,one bicycle rack being installed,the applicant being required to work with staff on a lighting plan in order to arrive at less obtrusive lighting on the poles,no outdoor seating being allowed,trash pickup being allowed after 7 a.m but before 6 a.m., the existing fence being extended an additiona125 feet and to be constructed at the same height and materials, adequate screening of the outdoor dumpster be provided,and with the understanding that a letter of credit or bond is not required. VOTE: Ayes 6,Nays 0. NEW BUSINESS 3. #08-3384 CITY OF ORONO,ACCESSORY STRUCTURE CODE CHANGE, 7:30 P.M.—8:10 P.M. Turner stated the City of Orono is requesting a zoning code amendment regarding the design and exterior materials of certain accessory structures. The current code does not require that the exterior of accessory materials match the exterior of the house,which is a common requirement of other cities. The Planning Commission did discuss the proposed ordinance change at two work sessions. The Commission noted that on lakeshore lots a detached garage may be located very close to the street. The commission did review language from other communities and arrived at a consensus that barn or carriage house type structures are attractive and contribute to the desired image of the City. Staff has drafted an ordinance that applies only to lots less than two acres, as does the structural coverage limitation. The largest accessory sh-ucture allowed on these lots is 1,000 square feet. Detached garages on lakeshore lots that are within the required sireet setback would be required to match the house and have windows and/or decorative features in the wall facing the street. Small buildings, such as resin buildings,metal sheds and playhouses,would also be exempt from these requirements. Planning Staff recommends approval of the zoning code amendment. Chair Kempf opened the public hearing at 7:35 p.m. Nancy Bloms,4195 Forest Lake Drive, stated at the time the structure in question was constructed, she wrote a letter to the City and questioned whether this type of structure would be allowed in a densely populated neighborhood. Bloms noted this is a storage structure and is not a carriage house. The neighbors in this area were surprised that this type of structure was allowed and that in her opinion the building official should have questioned the building at the time of construction. Bloms stated the City's zoning codes did not protect the neighbors in this area and that some changes are necessary. A pole barn structure is more for rural settings rather than a residential area and that the 14-foot high sidewall is not attractive. Bloms noted she did speak with the neighbors regarding possibly screening the building in some fashion and received no response. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3384 CITY OF ORONO,ACCESSORY STRUCTURE CODE CHANGE, CONTINUED) Bloms noted this application is about to go before the City Council and that she has spoken to Staff on a number of occasions but was not notified that it was up for discussion this evening. Bloms stated in her opinion the recommended changes are not as precise as she would like to see. The structure at its peak is 19 feet tall and was designed to store a boat,has no windows,with one door on the side. Bloms stated it is possible to construct an attractive structure and that the proposed changes to the code are not sufficient. When a person proposes constructing a structure of that size,the neighbors should be notified of it and that they did not become aware of it until construction commenced. Bloms requested that notification to the neighbors be required in the code. Berg asked whether there was a variance requested for the building or whether it fit the codes at the time it was constructed. Turner stated the building required no variances and the impetus for this code change is the building being discussed currently. Kempf stated what is being considered this evening is the result of considerable discussion at the Planning Commission work sessions. Bloms requested that other individuals be given the opportunity to discuss this at a future Planning Commission meeting. Chair Kempf closed the public hearing at 7:45 p.m. Kempf stated there are two buildings currently within Orono that are problem buildings and that over the course of a long period,there have been very few problems. Kempf commented the Planning Commission understands the concerns of the neighbor and that it is obvious the person spent as little money as possible without consideration to the neighbors. The Planning Commission looked at controlling the height of side walls but that the problem the Planning Commission encountered was that if they limited the size and shape of the building,the City would be limiting a number of buildings that would add to the character of Orono. Kempf stated it becomes an issue of whether the City should regulate all of the various options that people may request for an accessory structure in order to protect against a rare situation such as this. Kempf noted the City does propose to have a higher standard for accessory structures that are located near the street but that it is not the City's desire to limit architectural creativity on the entire lot. Berg noted the building inspector is not there to determine whether a structure is attractive or not but to ensure that the building meets all the applicable codes. Berg commented she understands the concerns of Mrs. Bloms but that the City is limited in what it can do in that particular situation. Curtis noted the City has very little discretion on some applications and that if the building meets the building code and other applicable codes,there is very little the City can do to control the appearance of an accessory structure. Bloms stated she would have liked the building inspector to have notified Council of this issue but that she understands the City is limited in what they can do in a situation like this. Bloms stated given the PAGE 12 � MINUTES OF TIiE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3384 CITY OF ORONO,ACCESSORY STRUCTURE CODE CI3ANGE, CONTINUED) size of the structure and the fact that it has no windows,the neighbors should have been noti�ed of the project. Bloms stated the structure is 24' x 40' and 19' tall. Berg stated if the building is allowed under the building code,the residents may not want additional regulations. Bloms reiterated she feels notification to the neighbors would have been desirable given the size and height of the structure. Curtis noted there is no requirement for notification to the neighbors if the building is allowed under the building code. Kempf commented the City is unable to stop a person from constructing an ugly structure near the property line in all circumstances and that the Planning Commission,in reviewing this situation at their work sessions, came to the conclusion that additional regulations would impose too many other restrictions on structures that other residents may want to construct. Kempf noted part of this code change only applies to lake lots. Turner stated on lakeshore lots they are allowed to construct a garage ten feet from the right-of-way. Turner noted the city attorney has not reviewed this language and that there may be some concern on the part of the city attorney if the city starts regulating the appearance of accessory structures and not principal residences. Schoenzeit noted that some cities have ordinances that restrict the size of a wall. Rice commented she does not want the city to have to review every building that is constructed within the city. Bloms noted that the City of Mound does not allow pole barns at all within the city. Kempf commented the City of Orono is more rural in nature whereas Mound is more urban and that the City probably does not want to start restricting pole barns. Bloms stated the City could restrict pole barns on properties less than two acres. Kempf stated there are two parts to the ordinance-accessory structures and accessory structures on lakeshore lots, and that the higher standard is required for lakeshore lots. Kempf stated that perhaps accessory structures located along property lines could be limited in wall height. Turner stated under the City's current codes, a person could have constructed a house at the same location, five feet closer to the property line, and have a metal siding and roof. Turner stated if the Planning Commission would like to impose additional architectural standards, she would recommend the city attorney be consulted. Schoenzeit stated using the same exterior materials would be desirable. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (#08-3384 CITY OF ORONO,ACCESSORY STRUCTURE CODE CHANGE,CONTINUED) Turner stated the taller structures may be appropriate in some locations and not okay in other locations and that perhaps a conditional use permit could be required for accessory structures that exceed a certain height. Kroeger noted he can stand on his deck and see three pole barn structures and that they all look appropriate in his neighborhood. Kroeger commented it is a fine line between what is acceptable to one person and not acceptable to another person. Kempf noted this ordinance would only apply to lots that are under two acres. Bloms requested the Planning Commission table the matter since this is the first time she was aware of this being discussed. Bloms noted she did call a minimum of six times regarding this structure but did not receive much response from the City. Kempf stated the Planning Commission did provide direction to Staff on the amendment and that the Planning Commission would need to decide tonight whether to send it forward to the Council or to table it. Turner noted the city attorney would be reviewing it prior to it proceeding to the City Council. Kroeger moved,Berg seconded,to recommend approval of Application#08-3384,City of Orono, Accessory Structure Code Change. Schwingler stated the important thing is that the application falls within the City's rules and that the main concern of Ms.Bloms is that notification of the neighbors be given. Kempf noted if an application complies, it would not require notification to the neighbors,but if it does not comply,the neighbors would be notified. VOTE: Ayes 6,Nays 0. PLANNING COMMISSION COMMENTS 4. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS SEPTEMBER 22,2008,AND OCTOBER 13,2008 Schbenzeit reported on the October 13`"meeting and stated that one of the big issues was the report on the audit. One of the issues raised was that there was not enough segregation of duties for Staff,which tends to be a common issue in small cities. Schoenzeit stated rather than add another staff inember,an option would be to bring in a part-time auditor to review things periodically. Schoenzeit stated there was also a report from the LMCD representative and that he had the impression there was not enough effort from the LMCD to address a number of the issues. Kempf noted there have been some changes within the LMCD recently. PAGE 14 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 20,2008 6:00 o'clock p.m. (REPORT OF PLANIVING COMMISSION REPRESENTATIVES, CONTINUED) Schoenzeit stated that the chemical spraying apparently is going to last for a period of two to five years before there would be a visible improvement to the lakes. The Kubalak application was also discussed, with the Council approving the application as recommended by the Planning Commission. Kempf suggested the Planning Commission consider requiring pervious materials on all applications that exceed the hardcover limits if a variance is approved. 5. OTHER ISSUES FOR DISCUSSION None 6. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON OCTOBER 27,2008,AND NOVEMBER 10,2008 October 27—Kempf November 10—Schwingler ADJOURNMENT Kempf moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 8:22 p.m. VOTE: Ayes 6,Nays 0. /"" . ` �.------� R 1 em , Chair PAGE 15