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HomeMy WebLinkAbout05-09-2005 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 • 7:00 o'clock ck p.m. r1 LJ • ROLL CALL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Bob Sansevere arrived at 7:03 p.m. Mayor Peterson called the meeting to order at 7:02 p.. CONSENT AGENDA 1. APPROVE /AMEND Items 11, 12, 13, and 14 were added to the Consent Agenda at the request of the Applicant. McMillan moved, Peterson seconded, to approve VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF McMillan moved, Peterson seconded, to approve of April 25, 2005, as submitted. VOTE: Ayes 5, PARK COMMISSION COMMENTS — JEFF followed by the Pledge of Allegiance. . Item No. 10 was removed,from the Consent Consent Agenda as amended. 25, 2005 minutes of the Regular City Council meeting g0. OM, REPRESENTATIVE Soderstrom addressed the City Council regarding the year -end Park Dedication Fund report, noting that a $40,000 loan is still outstanding from the General Fund. Soderstrom stated the intended parkland near the new fire station would never be used as a park, and requested that the loan be erased. Peterson stated this item was discussed at the Council's work session and that the Council would inform the Park Commission of the Council's decision. Peterson noted the park tour is scheduled for June 6 at 5:30 p.m. PLANNING COMMISSION COMMENTS — Leslie indicated he has nothing to report but would P LESLIE, REPRESENTATIVE available for questions during the meeting. 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 7. #05 -3103 JACK AND KAKI OLSON,1966 SHADYWOOD ROAD — VARIANCE Jack and Kari Olson, Applicants, were present. Curtis stated the applicants are requesting a number of variances to construct a 20' by 20' detached garage on their property to replace a one -stall tuck -under garage that will be converted to living space. The following variances are being requested: 1. A rear yard setback variance for a 11.5 foot rear setback where 15 feet is required; and 2. A hardcover variance for 45 percent within the 0 -75' zone; and N • 3. A structural coverage variance for 29.6 percent or 1,671 square foot structure where 1,500 square feet is normally allowed and 23 percent currently exists; • 4. A principal building setback to allow a 5 -foot setback between the garage and the home where a 10 -foot setback is normally required; and 5. A lake setback variance to construct a 20' by 20' detached garage within 75 feet of the lake. Curtis noted the applicants' entire property is located within 75 feet of the lake. The Planning Commission voted 6 -1 to deny the structural coverage variance with the recommendation that the 1,500 square feet structural coverage maximum be met with a home addition located no nearer the lake than the current structure. Staff recommends approval of the variances in order to allow the applicants a total of 1,500 square feet of structural coverage for a garage addition. Jack Olson addressed the Council regarding his request. Olson noted due to the size of the lot, they are limited in the size of the structure they are able to construct and have reduced their plans from a 22' by 24' garage to a 20' by 20' garage. Olson stated a garage is a necessity given the Minnesota climate during the winters and that they are requesting the least amount of structural coverage necessary. Olson indicated in their view they are experiencing a hardship due to the lack of a garage. Olson stated they are proposing to construct the new garage over existing blacktop and are agreeable to removing any hardcover that is not necessary. Olson stated they are financially unable to reconstruct • their residence in order to add a garage and meet the 1,500 square foot requirement and that they find it necessary to request a structural coverage variance. PAGE 2 MINUTES, OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 • 7:00 o'clock ck p.m. ( #05 -3103 Jack and Kari Olson, Continued) Olson stated by approving their application, it would provide a safer environment for his family, allow the property to blend in with its surroundings, and reduce hardcover and runoff into the lake. Olson requested the Council take into account the physical limitations of the property when considering their variance request. Murphy indicated he has visited the site and that this lot is unique given the proximity to the channel. Murphy noted this property is boxed in and small in size. Murphy inquired why they are pursuing a detached garage rather than an attached garage. Olson stated they are unable to afford an attached garage and are proposing a detached garage with a doorway and walkway allowing easier access to the house. Sansevere stated he is unable to recall any other prop i rty on the lake where the backside of the garage faces the lake, and inquired how the garage would look aesthetically from the channel. Olson stated they would insert windows on the channel side and that they are willing to plant bushes to help screen the garage. Olson indicated they would construct the garage to match the house. •Mrs. Olson pointed out there are also a number of trees that would help screen the garage from the channel. I Murphy stated in his view there does not appear to be a hardship. Murphy commented the other lots in this area do have larger garages than what is being proposed here but that this garage would add to the amount of structure on this lot. Leslie indicated he was in support of the application and that the main issue that was discussed at the Planning Commission was the amount of structural coverage on this lot and the fact that hardcover is usually not traded for structural coverage. Leslie indicated a concern was expressed for the amount of massing on this lot as it is viewed from the lake. Leslie stated in his view he would prefer to see a garage with some windows and bushes screening it rather than three vehicles parked on an asphalt driveway. White stated a 20' by 20' is really not a practical garage and that a 22' by 22' garage is better able to accommodate two vehicles. White inquired why the'garage could not be attached to the house. Mrs. Olson stated to attach the garage is almost Sansevere pointed out the Council has never in the granting a variance. Mrs. Olson inquired whether the Council feels it is • garage rather than $20,000 to $30,000. P the cost. taken into account financial considerations when to ask someone to spend $150,000 to add a MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. ( #05 -3103 Jack and Kari Olson, Continued) Sansevere stated he is unable to vote for a variance simply because it is the cheaper alternative and that the Council needs to remain consistent in their decisions. Mrs. Olson stated they are in need of a simple garage and that a two -stall detached garage meets their needs. Sansevere inquired whether it would match the house. Olson stated it would match the house. White inquired why the cost to attach the garage is significantly higher. Olson indicated it would be necessary to tie into the existing roofline, which increases the cost substantially. Michael Mischke, 1972 Shadywood Road, stated if the garage is attached, a foundation is required. • McMillan inquired where the other vehicle would be parked if there is not room in the garage for two • cars. Olson stated they proposed a 20'by 20' garage to follow the recommendation of the Planning Commission. Mrs. Olson stated their driveway currently accommodates six vehicles. White stated in his opinion a person is entitled to a garage and that he would prefer 22' by 20'. McMillan stated she has a concern that a vehicle would be parked outside if a 20' by 20' garage is constructed. Peterson noted Staff is recommending a 20' by 20' garage but that she would prefer a 22' by 20' garage. Peterson moved, White seconded, to approve a 22' by 20' garage for Application #05 -3103, Jack and Kari Olson, 1966 Shadywood Road. Mischke stated he has a 20' by 20' garage and that he would recommend a 21' by 21' garage. Gaffron stated Staff's recommendation is for structure coverage not to exceed 1500 square feet. Gaffron pointed out a standard garage door is 15 feet wide. Gaffron stated pictures depicting Mr. Mischke's garage show the limited amount of space available with a 20' by 20' garage. White indicated he is not opposed to making the garage 22 feet deep and 20 feet wide. • PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 • 7:00 o'clock p.m. ( #05 -3103 Jack and Kari Olson, Continued) Olson stated he would prefer the width. Jurgens stated the concern of the Planning Commission was the amount of structural coverage on this lot and that the garage could be redesigned to better meet the structural coverage limits. McMillan stated she also has a concern with adding structural coverage on lots, noting that at some point lots do reach their limit. McMillan recommended that the motion also include the stipulation that no additional structural coverage be allowed on this lot in the future. Peterson agreed to amend her motion to include a Sansevere recommended some type of landscape Gaffron stated Staff would prefer to see a landscape Olson indicated he would be willing to landscape on future structural coverage. also be included in the motion. of the garage. Peterson amended her motion to direct Staff to draft a resolution reflecting approval of a 22' by 20 foot garage for Application 405 -3103, Jack and Kari Olson, 1966 Shadywood Road, subject to the submittal and approval of a landscape plan for the backside of the garage, and further subject to the condition that no additional structural coverage and /or hardcover outside the existing footprint will be allowed on this lot. ;I Gaffron inquired whether a second story could be added above this garage or house. Murphy stated the addition of a second story is for future discussion. Gaffron stated direction could be given to the future council. Peterson further amended her motion to also report. White seconded the amended motion. 3. #04 -3060 MICHAEL AND DONNA FACT CONDITIONAL USE PERMIT Michael Ebertz, Applicant, was present. lire the hardcover removals as proposed in Staff's )TE: Ayes 5, Nays 0. TZ, 1220 TONKAWA ROAD – AFTER -THE- Curtis stated the applicant is requesting after - the- fact`approval of a conditional use permit in order to construct a boulder wall, re -grade the lake yard, and a hardcover variance due to the increase in the hardcover percentage with the square footage from the proposed rock walls. The applicant is proposing — to increase the hardcover within the 0 -75' zone from 7.84 percent to 8.7 percent. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. ( #04 -3060 Michael and Donna Ebertz, Continued) This application was tabled at the December Council meeting in order to allow for a site inspection in the spring by Staff to verify hardcover. Staff has conducted the site visit and reviewed the file history. The file reflects that the previous owner made various applications to the City and approvals were granted requiring specific hardcover removals at different times for a gravel driveway, a lakeside deck and grade level lake deck, and a shed. The resolutions granting the approvals and requiring the removals were never signed and were allowed to expire. Staff feels that certain hardcover items within the 0 -75' zone are excessive and unnecessary. Staff would recommend a two to one or three to one removal of nonconforming hardcover in the 0 -75' zone. The Planning Commission recommended that equal portions of existing 0 -75' zone hardcover be removed to offset the additions in hardcover caused by the retaining walls. Curtis noted there is currently 2,612 square feet of hardcover in the 0 -75' zone, which includes a 683 square foot portion of the house. Ebertz stated their intention was not to increase hardcover but merely to decrease the erosion by adding the boulders and they did not realize that they would be considered hardcover. Ebertz indicated they have revised their original plan Murphy inquired whether the applicant has submitted a revised plan. Curtis stated a plan has not been submitted, and recommended that some direction be given to the applicant on the amount of hardcover that would be allowed. Ebertz stated they would be willing to remove the same amount of hardcover that would be added. Ebertz indicated they are willing to follow the Council's recommendation, but noted that the house is relatively small, consists of two bedrooms, and that some point in the future they would like to expand the residence. Ebertz reiterated their intention in adding the boulders was to eliminate the erosion. McMillan inquired whether the applicant is interested in retaining the gravel path to the lake. McMillan noted Staff has recommended removal of the gravel path, the shed, and the decks at the lake. Ebertz indicated he does use the gravel path to bring his boats up and down to the lake and that he does currently use the decks at the lake. Ebertz stated in the future they would like to expand the residence and that they would be willing to remove additional hardcover at that time. • White noted there are two decks down by the lakeshore and suggested that one deck be removed. White suggested the applicant also consider adding a swimming dock to one of the existing docks. Murphy inquired what is required for a retaining wall in terms of integrity of the shore. Curtis stated the overhead displays the area that the City Engineer has determined to be necessary. Gaffron stated Staff agrees with the plan and that 134 square feet has been determined to be necessary to • maintain the integrity of the shoreline. PAGE 6 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'cl',ock p.m. ( #04 -3060 Michael and Donna Ebertz, Murphy stated in his opinion removal of the shed hardcover on this lot. 3 the decks are a good starting point for reducing Ebertz stated he would like some direction from the removed. i Gaffron stated there is existing hardcover in the 0 -75 platforms that are in poor condition and a 4' by 10' s opinion the shed and two platforms could be remove allows access to the lake that could be removed. on the amount of hardcover that should be zone that is not necessary, noting there are two ed that also is in poor shape. Gaffron stated in his , Gaffron noted there also is a gravel road that Ebertz inquired what the square footage would be for; the platform. Curtis stated the total of the decks on the lake is 305 Ebertz stated he would not be agreeable to removing' quite a bit and that he has some items stored in the sk McMillan stated she would like complete removal Murphy inquired what the square footage would be Curtis stated the total would be 1150 square feet. Murphy moved, Peterson seconded, to direct staff Michael and Donna Ebertz, 1220 Tonkawa Road, permit in order to construct a boulder wall and re variance subject to the removal of hardcover equi site by the retaining wall, and further subject to ri decks. Ebertz stated those removals add up to approximatel penalized. Ebertz noted one of the decks is used on why he purchased the property. Ebertz noted the de re- staining again in the near future. Ebertz stated he the deck. Ebertz stated there is an expense associate deck would reduce the value of the property. feet. two decks. Ebertz noted they do utilize the deck the two decks. the shed, both platforms, and the gravel road. to draft a resolution for Application #04 -3060, granting of an after - the -fact conditional use -grade the lake yard, and granting of a hardcover Went to the amount of hardcover added to the moval of the existing 4.5' by 10' shed and two 350 square feet and that in his view he is being regular basis and that the deck is one of the reasons has been re- stained in the past and is scheduled for vould rather forego the retaining walls than remove with removing the deck and that the removal of the Ebertz noted a large portion of the property is located within the 0 -75' zone. Ebertz stated he was not aware that boulders are not allowed in that area. i� White suggested the road be removed, one deck, and road is a bigger issue than runoff from the deck. P shed. White stated the runoff from the gravel 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. ( #04 -3060 Michael and Donna Ebertz, Continued) Ebertz stated these items were on the property prior to when he purchased it and that in the future he would like to expand the residence and at that time he would like to trade some of this hardcover for the addition to the house. Sansevere stated in his opinion the gravel road should be removed. White stated when the applicant decides to add on to the residence in the future, he will not be allowed to construct within the 0 -75' zone. Murphy withdrew his motion. White moved, McMillan seconded, to direct staff to draft a resolution for Application #04 -3060, Michael and Donna Ebertz, 1220 Tonkawa Road, granting approval of an after - the -fact conditional use permit in order to allow 134 feet of the boulder retaining wall to remain as designated by the City Engineer and re- grading of the lake yard, and granting of a hardcover variance subject to the removal of the gravel road consisting of 800 square feet down to the lake. Murphy inquired whether the shed should also be removed. Ebertz indicated he does store his lawnmower and weed blower in the shed. Curtis inquired how the applicant is able to access the shed. Ebertz stated he is able to access the shed and that he does mow in that area. Curtis stated the shed consists of 45 square feet. Ebertz stated the shed is approximately 20 years old and is not visible. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, Peterson Opposed. *4. #04 -3073 DAVID AND JOANN POMIJE, 801 TONKAWA ROAD — PRELIMINARY SUBDIVISION — RESOLUTION NO. 5321 McMillan moved, Peterson seconded, to adopt RESOLUTION NO. 5321, a Resolution granting preliminary approval of a Class III Subdivision for property located at 801 Tonkawa Road. VOTE: Ayes 5, Nays 0. PAGE 8 • 40 CJ ORONO CITY C Monday, • 7:00 0' • • *5. #05 -3074 SEAN AND MELISSA W. CONDITIONAL USE PERMIT — RESOLE McMillan moved, Peterson seconded, to adopt hardcover variances and a conditional use per; VOTE: Ayes 5, Nays 0. 6. #05 -3091 CATHERINE SALLAS, 3635 VARIANCE Catherine Sallas, Applicant, was present. Curtis stated the applicant is requesting after -the hardcover variance to allow an existing roof top the southwest lot line on the roof of the existing The neighboring property owners have provided concerns. The Planning Commission voted 4 -3 to recommend with removal of all portions of the existing grade -le, lakeshore setback. Planning Staff recommends approval of the after -th variance with the stipulation that an equivalent squ: hardcover consisting of 52 square feet for the stairs Murphy inquired whether Staff would be in: OF THE INCIL MEETING ay 9, 2005 ck p.m. ILD,1379 PARK DRIVE — VARIANCE AND NO. 5322 SOLUTION NO. 5322, a Resolution granting for the property located at 1379 Park Drive. SHORE DRIVE — AFTER -THE -FACT lake and side setback variances and a 0 -75' to remain 50 feet from the lake and nine feet from itional written comments and photos illustrating their pproval of the after - the -fact variances in conjunction ;1 deck that extend lakeward of the average act lake and side setback variances and hardcover footage of hardcover be removed to offset the new ;essing the roof top deck. deck. Curtis stated Staff would need to inspect it in order to issue a building permit. Gaffron stated it is his understanding the building in'spector has previously reviewed the deck and that there are only some minor changes that need to be made to the deck. Curtis stated she has gone up on top of the deck and that it appears to be stable. Murphy indicated he has visited this site and that there appears to be a droop to the roofline, and questioned whether the deck is really structurally stable. Curtis stated the neighbors did provide a photograph of the deck, which may help to illustrate the condition of the deck. Curtis noted the photograph does not depict that portion of the deck clearly. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. • ( #05 -3091 Catherine Sallas, Continued) McMillan noted the Planning Commission had a concern with the ground level deck, and inquired whether there is a variance for the lower level deck. Curtis stated the City does not have a variance on record for that deck. The Planning Commission recommended removal of the portion of the deck that extends into the average lakeshore setback. Brad Olson, 3645 North Shore Drive, stated this is not a personal issue with the current renter or the property owner, but noted there are no permits on record with the City for the deck, the patio or the stoop to get up to the deck, and that in light of the illegal placement of these structures on the property, a portion of the hardcover on the property in his opinion should be removed. Olson indicated there was a debate at the Planning Commission about whether there was a hardship, and that in his opinion this property can be put to reasonable use without the roof top deck. Olson stated there were numerous times the City approached the previous property owner concerning the deck and that this is really a lack of disclosure to the new owner. Olson stated the deck is invasive to their privacy and they would like some of these violations addressed. Mark Welch, 3625 North Shore Drive, stated at the time he constructed his half -story, he was required to • comply with all the regulations of the City. Sallas indicated she purchased the property with the deck existing, noting that she was informed after the purchase that the lower level deck was over the average lakeshore setback by 52 feet. Sallas stated she is willing to reduce the lower level deck. Sallas noted under current City codes she would be allowed to construct a two -story residence and that this is really not a privacy issue. Sallas stated the previous property owner did not make her aware of these issues and that she has made improvements to the property to make the house more appealing. Sallas stated in her opinion the upper deck is an integral part of the house and that she would prefer not to remove more than 52 feet off the lower deck. White inquired whether the previous property owner was subject to a lot of code violations. Gaffron stated the City's file does show a number of improvements to the property early on but that for a period of approximately 30 years, from 1974 to 2004, no permits were obtained. Welch noted the carport is right on the property line. Sallas inquired why she should be penalized for items that are 30 to 40 years old. Murphy inquired how the City became aware of this property. Curtis stated the file contains letters from Lyle Oman to the previous property owner and that this matter is was brought to Staff's attention by an inquiry from an adjoining property owner. PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. i ( #05 -3091 Catherine Sallas, Continued) Gaffron stated a rooftop deck is a building issue and is not really a zoning issue except for that portion of the deck that encroaches within the side yard setback.. Sallas stated to her knowledge this house has existedin pretty much its present condition for the past 70 years. Sallas commented if the City were to examine every piece of property within the City, they would likely find numerous situations where structural coverage or hardcover has been added without the City's knowledge. Murphy stated by definition this is a rooftop deck and that the City has nothing in their regulations that prohibits a rooftop deck. I Gaffron stated the code addresses setbacks and heights and that a second story could potentially be approved on this residence. Murphy inquired what would need to be done structurally to the house if the deck were removed. Kellogg indicated he has not reviewed the deck personally and is unsure what work would be required to the residence. Gaffron stated in his opinion the roof was treated in some way to be made impervious and that he is unsure what needs to be done in order to remove theI,deck. Gaffron stated the building inspector would need to inspect the roof to determine exactly what needs to be done. Murphy reiterated there is a droop in the roofline onithe south side of the deck that should be examined. White stated he does not see a legal reason to not allow the deck. White noted fencing is not allowed within 75 feet of the lakeshore, and suggested a portion of the fencing be removed. White moved, Sansevere seconded, to approve an after - the -fact variance for the property located at 3635 North Shore Drive, subject to the removal of all fencing located within the 0 -75' zone and further subject to the removal of 140 feet of hardcover from the existing grade -level deck that extends lakeward of the average lakeshore setback. Sallas stated she is not agreeable to removing all th i fencing. Sallas stated that is a considerable amount of hardcover. Sallas stated at some point in the future this residence probably would be torn down but that she would like to keep what was on the property at the time she purchased it. Sallas stated in her opinion,she is being asked to remove an unreasonable amount of hardcover. Sansevere stated the amount of hardcover the Council is asking be removed is really not a negotiation. • McMillan noted the deck does encroach on the side9yard setback and that that encroachment should be compensated in some way. McMillan inquired whether there is fencing on both sides of the house. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. • ( #05 -3091 Catherine Sallas, Continued) Sallas stated the fencing is on both sides of the property and extends almost to the lakeshore. Murphy inquired whether the motion included removal of the fencing on both sides of the property. White stated it does. Welch stated he is opposed to the removal of the fencing on his side of the property. Welch stated if the fence is removed, the rooftop deck should be removed. Brad Olson stated they have requested that the rooftop deck be removed. Mrs. Olson stated they would prefer the lower deck be left as is and the upper deck removed. Barrett noted this is an after - the -fact variance request and that the Council probably would not have granted a side yard setback variance. Barrett stated denial of the variance would be legitimate and that there could be a trade -off by removing some of the other hardcover on the property. Sallas stated she was not aware of the complaint about the deck at the time she purchased the property. Barrett stated the issue for the Council to consider is what is good compensation with respect to the deck. McMillan stated she would like a portion of the lower deck removed. White withdrew his motion. Jurgen stated this is an after - the -fact variance and that a structural engineer would be required to review the deck. Jurgens stated the deck might need to be removed if it is not structurally sound. Olson noted a variance was denied previously for a roof top deck because it was not considered structurally sound. McMillan moved, to approve Application #05 -3091, 3635 North Shore Drive, granting of an after - the -fact lake and side setback variances pending structural review and approval of the deck and further subject to the removal of 104 feet of the grade -level deck to compensate for the encroachments. Sansevere inquired whether the deck should be removed to the average lakeshore setback. McMillan stated in her opinion the 104 square foot removal is just compensation for the encroachment. MOTION DIED DUE TO LACK OF SECOND. . PAGE 12 • L' • ORONO CITY C Monday, 7:00 o' ( #05 -3091 Catherine Sallas, Continued) Sansevere moved, Peterson seconded, to approve granting of an after - the -fact lake and side setbacl approval of the deck, and further subject to the r the average lakeshore setback Kellogg inquired what action should be taken if the Barrett stated the deck would need to be made VOTE: Ayes 3, Nays 2, McMillan and Murphy Murphy indicated he was opposed to the motion bec structural inspection was conducted and that a decisi of the deck. *8. #05 -3105 PETER MARTINSON, 4460 RESOLUTION NO. 5323 McMillan moved, Peterson seconded, to adopt width and lot area variances and a hardcover Landing. VOTE: Ayes 5, Nays 0. 9. #05 -3106 CINDY AND BRAD MCD VARIANCE q S OF THE INCIL MEETING ay 9, 2005 ck p.m. kpplication #05 -3091, 3635 North Shore Drive, variances pending structural review and moval of 140 square feet of deck located within Cindy and Brad McDonnell, Applicants, were prese'Int. Curtis stated the applicants have revised their requ recommendation and are requesting hardcover and 80 square foot covered porch entry in the place of ; The applicants are requesting a hardcover variance where 53.8 percent currently exists and a structural structure when 1,500 square feet is normally allow The Planning Commission recommended approval construction of an 80 square,foot covered porch en from landscape beds and play areas (if applicable), and an additional 250 square feet of driveway hard P is found structurally unsound. sound or torn down. e the matter should have been deferred until a should be made based upon the structural merits LAKE LANDING — VARIANCE — UTION NO. 5323, a Resolution granting lot for the property located at 4460 Forest Lake 1420 BALDUR PARK ROAD — based on the Planning Commission -uctural coverage variances in order to construct an existing 76 square foot deck. ithin the 75' -250' zone for 48.7 percent hardcover Overage variance to allow 1,797 square feet of and 1,717 square feet currently exists. the structural coverage and hardcover variances for with the removal of all plastic and fabric liners noval of the rock fire ring as noted on the survey, 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. ( #05 -3106 Cindy and Brad McDonnell, Continued) Murphy stated he does not see a hardship to allow the covered entryway. Mrs. McDonnell indicated the hardship is that the entryway gets icy in the wintertime and that a number of people have fallen. McDonnell indicated the lack of a covered overhang exasperates the problem. Mr. McDonnell indicated the entryway is wooden and gets very slippery in the wintertime. McDonnell noted the entryway does not have railings and that he has elderly parents who visit periodically. Mrs. McDonnell stated this is the main entrance to the residence and that it would be preferable to have an overhang when it rains. McMillan inquired whether the entryway has to be handicap accessible. Mrs. McDonnell stated they are not requesting a ramp. McMillan inquired whether the ramp would be considered hardcover. Curtis stated to her understanding it would be counted as hardcover. Gaffron stated if the ADA requires a ramp, Council approval would not be required. Gaffron stated the ADA condition might not be a permanent condition and that the next property owner could remove it if it is not needed. Sansevere noted the applicants are not requesting a ramp. Mrs. McDonnell stated they are looking for a covered entryway that is functional. Sansevere inquired why the applicants are proposing this size of entryway. Mrs. McDonnell stated due to the location of the window and the door, they are required to construct the deck that size to avoid the window being obstructed by a post. McDonnell indicated the deck would be approximately 12' by 6.5'. McMillan stated she is in agreement with the Planning Commission's recommendation and that the extra room on the entryway makes for a safer entryway. McMillan moved, White seconded, to direct staff to draft an approval resolution for the property located at 1420 Baldur Park Road, granting structural and hardcover variances for construction of an 80 square foot covered porch entry, subject to the removal of all plastic and fabric liners from landscape beds, the rock fire ring, and an additional 250 feet of driveway hardcover. Sansevere inquired what the size of the current entryway is. PAGE 14 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 • 7:00 o'clock p.m. • LJ ( #05 -3106 Cindy and Brad McDonnell, Mrs. McDonnell stated the existing entryway is 76 Sansevere inquired whether the current entryway Mrs. McDonnell indicated it does not. Murphy noted Exhibit D -1 depicts a hot tub. Mrs. McDonnell stated that was what they originally l feet and is not covered. past the window. osed, which involved 168 square feet. Mr. McDonnell stated they have revised their plans pier the recommendations of the Planning Commission. Curtis stated the applicants are requesting an 80 square foot covered porch. Leslie recommended the Council consider the fact that the City's building code does not mandate a covered entryway and that this might be setting a precedent. Mrs. McDonnell pointed out they are removing three to one hardcover in order to construct the covered entryway. Sansevere stated the Council views hardship as being inherent to the land. Mrs. McDonnell indicated she has reviewed the City's web site and that she understands the intent of the guidelines. McDonnell stated the number one intent of the guidelines is the safety of the residents. McDonnell stated a broken leg costs money and that this hardship is very real. Sansevere inquired whether aesthetics is the driving factor for the size of the entryway. Mrs. McDonnell stated while massing is an issue, a smaller deck would look out of place. Mr. McDonnell noted the Planning Commission recommended approval of an 80 square foot covered entryway on a 4 to 3 vote and that they proceeded foirward with these plans based on the recommendation of the Planning Commission. McDonnell indicated aesthetics does play a part in their proposal, noting that they would like to construct an entryway that is attractive to the house given the costs involved with the project. Richard Rohrer, 1424 Baldur Park, stated he is in entryway would not look very attractive. Rohrer wintertime and that the entryway does get icy. White commented this is not a major change to the hardship is inherent with the land. I or of the 80 square foot porch and that a smaller cated he has visited the McDonnells in the . PAGE 15 White pointed out the City's definition of MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. • ( #05 -3106 Cindy and Brad McDonnell, Continued) Mrs. McDonnell inquired why a 440 square foot garage was approved earlier tonight when it exceeded the structural coverage. i Barrett stated Minnesota state law does allow a property owner to a construct a garage. Sansevere noted this is not the same situation and that the circumstances are different from the prior application. VOTE: Ayes 4, Nays 1, Sansevere opposed. Mr. McDonnell inquired whether they can proceed with construction of the entryway tomorrow, noting that they were in the process of re- siding their house and have had to stop that process pending approval of the entryway. Gaffron stated the Council would need to take special action to allow Staff to issue a building permit prior to the resolution being adopted. Barrett stated he is reluctant to recommend action by the Council to allow Staff to issue a building permit • and that he would prefer to wait until the resolution is drafted and adopted by Council. McMillan and Sansevere stated they are in agreement with the City Attorney. Murphy stated he is not opposed to allowing the applicants to proceed forward with construction given the limited size of the project. Murphy moved, White seconded, to authorize staff to issue the necessary building permit to Cindy and Brad McDonnell, 1420 Baldur Park Road, to allow construction of the 80 square foot covered entryway. Moorse suggested a letter from the applicants be submitted indicating they are in agreement with the conditions of the motion. VOTE: Ayes 2, Nays 3; McMillan, Peterson, Sansevere opposed. Murphy stated in his opinion the Council should consider requiring covered entryways on all applications if it is truly a safety issue. • PAGE 16 n U U ORONO CITY CO Monday, N 7:00 o'cl 10. #05 -3107 SCOTT BISSEN AND I VARIANCE AND CONDITIONAL USE Scott Bissen, Applicant, and Jeff Nute, Natural Curtis stated the applicant is requesting a conditional system with lower glacial boulder walls, vegetation, i stair system. A hardcover variance is required due tc The Planning Commission recommended approval per Staff's recommendation. Curtis stated the applicant requested this item be re; condition number four, which reads as follows: "A after the completion of a framing inspection for the listed in the Planning Report dated April 1 Vh on pa; Bissen stated he did speak with Staff prior to purcha stated he found out today that he would not be able 1 framed. Bissen indicated the builder was scheduled deposit has been made. Bissen stated construction on the house is not expect is unaware of the time frame involved with framing designing the house. Bissen stated Staff might have done in conjunction with the construction of the resi them to enjoy the property and also eliminate the un Sansevere stated there could be delays that prevent this would be a precedent. Gaffron stated it could be a precedent since a stairwz associated with the main residence is not allowed on potential for vandalism. OF THE NCIL MEETING ty 9, 2005 ck p.m. X MOREY, 825 TONKAWA ROAD - - RESOLUTION NO. 5324 ts, were present. use permit in order to replace a rotted wooden stair grading of the slope, and installation of a granite the change in the hardcover percentage proposed. the hardcover variance and conditional use permit red from the consent agenda so they could address mit will not be issued for the lake access stair until v residence." Curtis stated this condition was one and four. zg this property regarding the lakeshore. Bissen construct a stairway to the lake until the house is construct the stairs next week and that a sizeable to commence until late June. Bissen indicated he house, noting that they are still in the process of i the impression that the stairway was going to be ice. Bissen stated the new stairway would allow stairway currently on the property. of the residence and inquired whether is considered structure and that typically work not ie site due to the security of a property and the Bissen, indicated he is new to the building process and that they would like to construct the deck prior to work commencing on the residence so they would be able to enjoy the property this summer. Bissen stated the stairway would only improve the appearance and safety of the property. Murphy inquired when building is anticipated to commence. Bissen stated he is hoping to commence construction by the end of June. Murphy inquired how long construction of the stairway is anticipated to take. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. ( #05 -3107 Scott Bissen and Michelle Morey, Continued) Nute indicated two weeks. Murphy inquired what would happen if the stairway is constructed and the residence is not. Curtis stated a new stairway would be safer. Nute stated they constructed the stairway on the property to the south recently, which is similar to what is being proposed here, and that they would like to remove the existing deteriorated staircase and replace it with something that is attractive and safe. McMillan inquired whether the same amount of boulders would be utilized as on the property to the south. Nute indicated the amount of boulders would be less, and that once the plantings are established, a smaller amount of rock would be exposed. Peterson noted a lot width variance has not been granted yet with this application. • Gaffron stated this lot is slightly under the 80 percent standard and that technically a lot width variance is • required, which was not noticed by Staff until recently. Gaffron stated the lot area and the lot width are compliant except for down by the lakeshore. Gaffron stated that variance would need to go through the normal process as an amendment to this application. Barrett stated he is in agreement with Gaffron, noting that the applicant did rely on the information that Staff originally thought was correct. Barrett stated the Council could require a letter of credit to insure that the project be completed. Gaffron stated Staff did not review the dimensions of the lot until recently to verify that it met the 80 percent, which is usually done at the time a building permit is applied for. Bissen indicated he has already paid the contractor 50 percent down to complete the work down by the lakeshore and that he was unaware of the condition in the resolution until today. Murphy stated if construction is not anticipated to be started until the end of June, the house probably would not be framed until August sometime. Murphy inquired what would happen if the stairway is constructed and the residence is not built. Gaffron stated if the work by the lakeshore is completed and the residence is not constructed and the property is sold, there would be a new stairway replacing an unsafe stairway, which would possibly improve the value of the property. Barrett stated a disadvantage to granting the building permit is that it might promote improvements to the is property without a principal residence on the lot just to improve the value of the property for resale. PAGE 18 ' II MINUTES :,OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. • 0 ( #05 -3107 Scott Bissen and Michelle Morey, Continued) Murphy moved to delete Item No. 4 on page three of the resolution for the property located at 825 Tonkawa Road, and to direct Staff to insert language stating that a permit can be issued for the lake access stair as soon as the applicants apply for a land alteration permit, subject to the condition that a letter be submitted by the applicants indicating their intent to construct a house on the property within one year. MOTION DIED FOR LACK OF A SECOND. Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5324, a Resolution granting a conditional use permit and hardcover variance for'the property located at 825 Tonkawa Road, as written. Nute stated he has been working with Curtis for approximately two months on this application and that they have submitted everything that has been requested. Nute indicated it is very frustrating for his company to accept a down payment from a customer and have them scheduled to commence work and to not find out until the day of the Council meeting that the work will not be allowed to commence. Nute stated that his company was forced to pass up other work because they were committed to this project. McMillan noted the applicant is working with a tight i me frame and that the project is not approved until the Council adopts the resolution. Bissen stated the only negative comment that was mentioned tonight was that the value of the property might be increased by this work. Sansevere inquired whether this stairway project was ever discussed with Staff. Nute stated when the project on the property to the s luth was commenced, the fact that a principal structure was required on the lot was never raised. Nute indicated at the time the work was started on that property, the house was not framed. Curtis stated at the time she visited that property with the City Engineer, the house was framed and up. Curtis stated the recommendation was also contained' on page one and page four of her previous report. Gaffron stated it appears the applicant was given threl to four weeks notice of the requirement for the building permit. I VOTE: Ayes 4, Nays 1, Murphy opposed. (Recess taken at 9:38 p.m. — 9:42 p.m.) MAYOR/COUNCIL REPORT The Mayor /Council report follows Item 14A. PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. • PUBLIC SERVICE DIRECTOR'S REPORT *11. CHANGE ORDER #2 —LEE CARLSON BASEBALL FIELD TRAIL PROJECT McMillan moved, Peterson seconded, to approve Change Order No. 2, Lee Carlson Baseball Field Trail Project for DMJ Contracting, Medina, Minnesota, in the amount of $22,498.32, to be funded from the 2005 Municipal State Aid Fund Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. *12. ACCEPT QUOTATIONS — 920 BROWN ROAD SOUTH SEWER EXTENSION McMillan moved, Peterson seconded, to accept the quotation in the amount of $10,402.60 from EJ Mayer's Inc., Corcoran, Minnesota, for completion of the 920 Brown Road South Sewer Extension project with project funding from the Sewer Fund and approval of the appropriate year 2005 budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT • *13. 2004 GENERAL AND SPECIAL REVENUE FUNDS BUDGET AMENDMENTS AND TEMPORARY LOANS McMillan moved, Peterson seconded, to approve the 2004 budget amendments for the General and Special Revenue Funds as outlined in the May 9, 2005 Finance Director's report, and the temporary loan of $115,000 from the General Fund to the Municipal State Aid Fund, effective December 31, 2004. VOTE: Ayes 5, Nays 0. 14. COOPERATIVE AGREEMENT REGARDING THE ROADWAY PLANNED TO SERVE THE PARK RIDGE ACRES DEVELOPMENT IN MEDINA Moorse addressed the City Council concerning the cooperative agreement that has been drafted regarding the roadway planned to serve the Park Ridge Acres Development located in Medina, noting that four Orono residences are affected by this development. Moorse indicated the two items that he is recommending some language changes to are Section 1.7 and Section 3.1. Moorse stated the only responsibility that Orono would have is for the portion of the roadway that is located in Orono and not the utilities. Moorse indicated the road comes to an end in a cul -de -sac, with driveways coming off of the cul -de -sac. • PAGE 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 • 7:00 o'clock p.m. • • (Cooperative Agreement, Continued) Moorse stated discussion was also held regarding future improvements to "Townline Road and that he is suggesting some specific language be incorporated in the agreement reflecting that discussion on cost sharing. Moorse stated the language he is proposing be included is based on current estimates of $200,000 and the number of units that would utilize Townline Road. Moorse stated the cities also need to discuss how To, development of Highway 12. White inquired whether those four Orono properties Road may be changed in the future with the potentially be without access to Highway 12. Moorse stated MN/Dot has agreed to provide funding to construct a road to serve that development. Moorse indicated that money has to be encumbered by the end of June, and that in order for it to be encumbered, there needs to be a bid let for construction of that road. Moorse stated it is his understanding that the current access to Highway 12 ,would remain open until the new road is constructed. McMillan inquired what happens with the money if a bid is not let or awarded. Moorse stated the money would not be extended. Moorse stated in order to obtain new funding, Medina would have to go through another round of funding applications with MN/Dot. Murphy stated it is his understanding that if this is not completed by June 30`x', Medina would have to resubmit this and that the work probably would not commence until 2009. Moorse inquired whether there are any items contained within the agreement that the Council has any concerns with. 1 Murphy inquired whether the City should enter into an agreement that binds future councils. Barrett stated procedurally Medina has agreed that can be made to bind future councils for a limited P Murphy stated he is willing to discuss this with rel issue can be resolved in some way. Murphy noted should be improved. Peterson inquired whether there is a possibility to Moorse stated it is his impression that a portion of Orono City Council sometime within the next wee Jane Slaughter noted Medina's next council agreement would be a contract and that contracts se for some reasonable period of time. :atives from Medina to see whether the density is some disagreement on whether this road with Medina representatives within the next week. Medina Council would be able to meet with the is scheduled for May 17`x'. PAGE 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. (Cooperative Agreement, Continued) Murphy expressed a concern that the residents along Townline Road need to be informed that Townline Road could be made a through road. Murphy stated it is his understanding MN/Dot will not stipulate that this road will not be opened at some point in the future. The Council directed City Administrator Moorse to contact Medina to arrange for a meeting. Jane Slaughter indicated she has owned her property along Townline Road for approximately 20 years and that she has requested the City in the past to make the access across the railroad public and was denied. Slaughter expressed frustration that this matter has not been dealt with earlier. Slaughter stated the City has had five years to deal with this and has waited until two weeks before the project is scheduled to begin. White stated they have not seen a plan showing the density of the development until recently. Peterson noted that the current council members were not on the council when this was first brought up in 1999. Slaughter inquired why the density is a problem. Peterson stated the current property owners in this area purchased bigger lots with a five -acre minimum and are now looking at a development with much higher density. Slaughter indicated she does not have a problem with the higher density. Slaughter stated those property owners only purchased their lots and not the neighboring property. Slaughter inquired why those property owners' desires have more weight than her desires. Slaughter stated the City is not standing behind the documentation that they created. Barnett noted there was some litigation concerning the Slaughter property's access, and that it was determined that the City does not have right of access across the railroad. Barrett indicated the property Slaughter purchased did not have proper access and that she is attempting to resolve. that. Barrett stated the City has not violated any obligation it has regarding access to her property. Slaughter stated in her opinion it is at a standstill and not resolved. Murphy stated he did inquire where the City has been in this for the last six years and that the people that are present in this room have not delayed anything since 1999. Murphy indicated they have not been made aware of this until approximately six weeks ago. Sansevere stated they are not attempting to limit the construction of the road but merely the density along the road. • Slaughter pointed out that if this is not accomplished within the next couple of weeks, this project would • be delayed for another five or six years. PAGE 22 • • ORONO CITY C Monday, 7:00 o' (Cooperative Agreement, Continued) Murphy stated the Council has to deal with the conce Council is attempting to address everyone's concerns density in this development. Murphy stated the City situation. Murphy noted MN/Dot is not going to clo; OF THE WCIL MEETING iy 9, 2005 ek p.m. .s of all the residents along this road and that the Murphy stated he would prefer to see a lower looking at all their options to resolve this Townline Road until the other road is constructed. Slaughter pointed out she does not have legal access to get to the highway. Barrett stated that is correct, she does not have legal .I Lcess. Slaughter stated her access is the cartway to Tow on the cartway because a development is coming. cartway across the railroad tracks. Barrett stated it is not clear whether the City has a City has never taken the position that it has a cartA Peterson stated they hope to meet with Medina Slaughter inquired how she could be better info Hickeys have not been notified of any of the he the driveway that needs access to the end of the Gaffron stated notification was given to properties within 350 feet from the road that is being platted' cities has chosen not to notify residents of the neig city boundaries. Slaughter indicated the Hickeys use a driveway Jim Dillman requested the Orono Council relay to density is not reduced, Orono would proceed with Moorse stated that is one of the reasons for the that meeting would be able to express their tho McMillan stated she also is frustrated by the lack opinion this development is out of character with did not come to their attention until it reached the meeting with Medina will be productive and that Road and that she has been told she needs to wait zghter indicated the city would not defend the it of access across the railroad tracks and that the across the railroad tracks. the next week. on some of these issues. Slaughter stated the even though they are within the required distance of cording to city code, which requires that properties given notice. Gaffron stated one of the neighboring oring city of projects that are happening within their ss her property. of the Medina Council that even if the agreement. ng and that the Orono council members present at on it. ±time to finalize these issues. McMillan stated in her ie rest of the neighborhood and that it unfortunately inal plat stage. McMillan stated she is hopeful the .ese issues can be worked out. PAGE 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. 14A. APPOINTMENT OF GOLF COURSE SEASONAL EMPLOYEES Murphy moved, Sansevere seconded, to approve the appointment of Lloyd Schneider, Tom Jones, Philip Eidom as golf course seasonal employees at the proposed wage rates outlined in the May 9, 2005 City Administrator's Report and under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0. MAYORICOUNCIL REPORT Murphy reported he attended the Minnehaha Creek Watershed District meeting where a presentation was made to the attendees at the meeting asking them to assist Orono with the Big Island veterans camp deal. Murphy indicated the parties in attendance agreed in principal to do that and that Staff is preparing the necessary documents to accomplish that. McMillan noted a council work session has been scheduled for Thursday, May 12th. McMillan suggested some information be contained in the City's newsletter regarding the City's ordinances regulating retaining walls and boulder walls within the 0 -75' zone. CITY ATTORNEY'S REPORT None *15. LICENSES SPECIAL EVENT PERMIT 1. Applicant: Bill and Kristi Anderson Event: Block party with music Location: 1408 Baldur Park Road Date: Saturday, May 14, 2005 Time: 7:00 p.m. — midnight 2. Applicant: Dennis Nelson Event: Wednesday Evening Bassin' — Bass Fishing Tournament Location: Wayzata Marine — Maxwell Bay Date: June 8, June 22, July 6, July 27, August 17, August 24, September 7, and September 14, 2005 Time: 4:30 p.m. — sunset, Wednesdays McMillan moved, Peterson seconded, to approve the above special event permits. VOTE: Ayes 5, Nays 0. PAGE 24 • • • * 16. BILLS MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2005 7:00 o'clock p.m. McMillan moved, Peterson seconded, to approve payment of the All Funds account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Peterson moved, White seconded, to adjourn VOTE: Ayes 5, Nays 0. ATT ST: _U Lin Vee, Orono City Clerk • Orono City Council meeting at 10:29 p.m. Barbara Peterson, Mayor PAGE 25