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HomeMy WebLinkAbout06-12-2006 Council MinutesORONO CITY C Monday,, 7:00 0' OF THE NCIL MEETING te 12, 2006 ek p.m. ROLL The Council met on the above - mentioned date with the following members present: Acting Mayor Jim White, Council Members Bob Sansevere, Jim Murphy, and Lili McMillan; City Administrator Ron Moorse; Representing Staff were Planning Director Mike Gaffron, Planner Evelyn Turner, Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Barbara Peterson and City Attorney Matt Brolkl were absent. Acting Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA 1. Approve /Amend 2. Items 4, 5, 12, 13, 14, 15, 16, 17, 18, and 19 were a( Murphy moved, Sansevere seconded, to approve VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES 0 *2. Regular Council Meeting of May 22, • Murphy moved, Sansevere seconded, to approve meeting as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — JEFF S( There was no representative present. PLANNING COMMISSION COMMENTS — to the Consent Agenda. Consent Agenda as amended. minutes of the May 22, 2006 City Council REPRESENTATIVE KEMPF, REPRESENTATIVE Kempf stated he had nothing to report but would remain for questions. PUBLIC COMMENTS I None ZONING ADMINISTRATOR'S REPORT 3. #05 -3131 STEVE BOHL OF BOHLAND�DEVELOPMENT, INC., 190 WILLOW DRIVE NORTH AND 177 GLENDALE DRIVE — PRELIMINARY PLAT APPROVAL AND REZONING Steve Bohl, Applicant, and Mark Gronberg, Surveyor, were present. PAGE 1 of 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. (3. #05 -3131 STEVE BOHL OF BORLAND DEVELOPMENT, INC., 190 WILLOW DRIVE NORTHAND 177 GLENDALE DRIVE, Continued) Gaffron stated the applicant is requesting final plat approval of eight new building sites and RPUD rezoning. The applicant has received MCWD approval and has recently submitted final plans, including the AES Ecological Restoration & Management Program. The MCWD review process has resulted in a number of buffer replacement areas that coincide with locations the City expects to have vegetative screening established. Gaffron stated the proposed name for the subdivision is Glendale Cove and that the Fire Department is recommending changing a couple of the proposed streets to avoid name duplication within the city. Gaffron noted the applicant has provided Staff with a grading and drainage plan, and pointed out that there would be a revision to the house located near the wetland to comply with the wetland buffer. Gaffron stated the City of Long Lake would be providing city water and that access to city sewer would be off Hackberry. Gaffron reviewed the landscaping plan provided by the applicant, noting that the vegetation near the street would be almost completely removed. Gaffron noted this application would be back before the Council for final plat approval in a couple of weeks after Staff has had an opportunity to thoroughly review the plans. Murphy inquired whether any of the existing neighbors have commented on the proposed development. Bohl stated he has not received many comments from the neighbors but that he did run into one of the neighbors who requested that some buffering remain. Murphy recommended the applicant communicate with the neighbors prior to the vegetation being removed. Bohl indicated he would be speaking with the neighbors. Kellogg stated he would be meeting with the applicant later this week to discuss some minor revisions that are necessary. Gaffron suggested this application be tabled. White noted he did review the AES document and commended the applicant on his willingness to monitor this development for a couple of years to ensure the proper vegetation takes hold. This item was tabled by the City Council. *4. #06 -3192 WILLIAM AND MARY TITLER, 4209 NORTH SHORE DRIVE — VARIANCE — RESOLUTION NO. 5474 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5474, a Resolution Granting Lot Width and Lot Area Variances for the property located at 4209 North Shore Drive. VOTE: Ayes 4, Nays 0. • PAGE 2 of 2 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. *5. #06 -3194 DAVID EISS, 1760 5475 Murphy moved, Sansevere seconded, to adopt Setback, Hardcover, and Lot Coverage Variai Road. VOTE: Ayes 4, Nays 0. 6. #06 -3196 PAT McNAUGHTON/EDWAI SHORELINE DRIVE — SUBDIVISION AND V Pat McNaughton, Applicant, was present. ROAD — VARIANCE — RESOLUTION NO. SOLUTION NO. 5475, a Resolution Granting for the property located at 1760 Shadywood HAMM,1391 FOX STREET, 1401 LANCE Gaffron provided the applicant with paperwork the City received from the neighbors. Gaffron stated the applicant is requesting a lot line rearrangement between two properties, with the first property being located at 1391 Fox Street and Outlot A of Blue Hill. Outlot A is separated from Lot 1 by County Road 15 and the Hennepin County Regional Rail Authority. The other parcel is also a vacant lot and is located on the inside of the curve of County Road 15 and is Lot 1 of Dragon Fly Hill. The applicant's intent is to separate the special lot line combination! and to attach it to Lot 1 owned by Mr. Hamm, with the intent to construct a house on Lot 1. Gaffron noted Lot 1 would no longer have lake access following the lot line rearrangement. The Planning Commission reviewed this request at vote of 3 -2 recommended approval of the lot line rf requirement to provide a screening plan at the time Staff and Council. Gaffron noted there were a nurr Commission meeting who spoke against the applies public hearing held on May 15, 2006, and on a -rangement and lot area variances subject to a F building permit application to be reviewed by ;r of residents in attendance at the Planning Gaffron briefly reviewed the history of the Plat of Blue Hill. Gaffron noted the neighbors have submitted some documentation concerning this application, which has been included in the council's packet. Gaffron stated also enclosed in council's packet is a preliminary plat drawing for the property located south of County Road 15 and includes a conceptual location and footprint for a house. Gaffron indicated Staff had recommended at the Planning Commission meeting that in looking at the intent of the average setback ordinance, it is Staff's opinion that no existing views of the lakeshore should be affected by a new home. Gaffron illustrated the shoreline in this area and pointed out that the proposed average lakeshore setback would be appropriate. Gaffron stated he would like to establish during the preliminary plat process the average lakeshore setback. Gaffron noted the conceptual residence does meet the required setbacks but would require a lot area variance. Gaffron stated Hennepin County supports access off of Orono Lane rather than County Road 15. Sansevere inquired how many of the other lots in this area are similar in size to the 1.14 -acre lot. Gaffron stated there are a number of smaller lots on Orono Lane. Gaffron stated the plat illustrates the lots in this area and that the proposed lot is not out !of character with the rest of the neighborhood. In addition, the applicant has provided a plan for d neighbors have raised some concerns regarding thi this lot in that it would change the character of the house is placed on a vacant lot it does change the c ing some buffering and berming. Gaffron stated the removal of trees and the placement of a house on ieighbor. Gaffron acknowledged any time that a iaracter somewhat. PAGE 3 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. (6. #06 -3196 PAT McNA UGHTOXIED WARD HAMM,1391 FOX STREET, 1401 SHORELINE DRIVE, Continued) Murphy inquired whether McNaughton intends to purchase the Hamm property. McNaughton stated it is his intent to purchase the Hamm property. Murphy commented that there appears to be a number of issues with this application and inquired why it is being labeled a lot line rearrangement. Murphy noted the lot lines would disappear if this application is approved. Gaffron stated the lots are essentially combined and the owner receives one tax statement for the different lots. Gaffron commented this is considered a lot line rearrangement since these lots were legally combined and the old lot line is being relocated. Gaffron stated this is also considered a plat because it involves an outlot and the City's code does not allow an outlot to be used for anything other than what it was originally designed for. In 1992, it was Staff's recommendation that Outlot A remain separate and be designated for future acquisition by one of the adjacent property owners. Gaffron stated by the time the plat was approved, the lot line had moved further west to allow for greater flexibility for the garage and the Council approved a lot that was less than two acres. Gaffron stated from Staff's perspective it was likely that there would be a house on this lot, noting that the lot was assessed for city sewer and water and that it is bigger in size than some of the other lots in the area. Gaffron stated in his view the density standards established in the comprehensive plan are met. McMillan inquired whether some gravel has been added along with a dock on the outlot. McNaughton stated there has never been a dock on the lot and that any work that has been completed on the property has been done with the approval of the city. McNaughton commented he has attempted to keep the lines of communication open with the neighbors and that they had the same opportunity to purchase the property as he did. McNaughton stated the neighbors have enjoyed having a vacant lot next to them for a number of years and that they are not very receptive to the change. McNaughton noted he has had to deal with a fence that is located ten feet onto his property. Sansevere stated the Council always likes the applicants to work with the neighbors and that the Council does take into account the concerns raised by them. Sansevere commented he would like to hear from the neighbors tonight but that it appears this might be a situation where the neighbors are simply opposed to the construction of a house on this lot. Kevin Kokesh, 1399 Orono Lane, stated he lives immediately adjacent to this lot and that his main issue deals with the applicant's original plans to construct on Lot 1. Kokesh stated Outlot A was originally intended to be the applicant's access to the lake. Kokesh stated the plans that were proposed previously were not followed and that instead the applicant has clear -cut Outlot A. Kokesh distributed pictures of the cutting to the Council. Kokesh stated the removal of the trees and the excavation that has been done on this property has resulted in a dramatic change. Kokesh noted several trees were cut in excess of the City's six -inch tree limit within 75 feet of the lake. Kokesh pointed out County Road 15 is in this area and that the trees that were cut have now exposed County Road 15 to their houses. is PAGE 4 of 4 ORONO CITY C Monday,, 7:00 0' (6. #06 -3196 PATMcNAUGHTON /ED W. SHORELINE DRIVE, Continued) Sansevere inquired how close the trees that were Kokesh stated some trees were removed along the removed in the mid section of the lot. - Sansevere inquired if there were any trees located Kokesh stated there have not been any trees along this lot since 1956. Sansevere inquired whether the City is aware of Gaffron stated the cutting happened approximately building inspector, review the cutting of the trees a shoreline but that Staff was unable to determine wl large amount of underbrush and buckthorn was ren Gaffron stated a land alteration permit was issued t allow for walking access to the lake. Gaffron state Is combination and the amendment did not allow any Lot 1. The amendment to the special lot combinati area. Gaffron stated the applicant at that time was the applicant to restore the vegetation in this area. direction for the most part. Sansevere inquired whether the applicant is OF THE rNCIL MEETING 12, 2006 p.m. HAMM,1391 FOX STREET, 1401 were to the lakeshore. and that the majority of the trees were the shoreline on Kokesh's property. shoreline on his property and that he has lived on clear - cutting on this property. ve to six years ago and that he did, along with the I found that there were some trees cut near the ther the trees were alive or dead. Gaffron noted a the applicant to lower the high point on the lot to the provisions of the original special lot ccessory use of the outlot until there was a house on n established standards for the creation of a parking A allowed a dock and that Staff has worked with affron stated the applicant has followed Staff's to plant some trees along the road. McNaughton stated he is proposing a berm with trees and other plantings on top of it along County Road 15. McNaughton commented a home on this lot would provide better sound proofing from the noises off of County Road 15. I - McNaughton distributed a photo to the Council showing the cuttings. McNaughton stated he primarily removed brush and that the trees referred to by Mr.1 Kokesh were not located within the 0 -75' area. Kokesh stated the main thrust of his whole argument was that the house was originally going to be constructed on the lot across the road. I Sansevere pointed out that plans and circumstances change for people over time. Kokesh inquired whether the Council would allow the lots to be combined if a house were not to be constructed on the lot. Kokesh stated the neighbors have a concern that there will be clear - cutting on this lot again. I • McNaughton stated their plans changed to construct a house across County Road 15 due to the amount of traffic on County Road 15 and the danger of crossing the road to gain access to the lake. PAGE 5 of 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. (6. #06 -3196 PAT McNA UGHTOXIED WARD HAMM,1391 FOX STREET, 1401 SHORELINE DRIVE, Continued) Sansevere stated in his view the applicant does not need to justify why his plans changed and the house was not constructed. Dana Wells, 1397 Orono Lane, illustrated the location of her house and indicated she would be opposed to using that as a lot line. Wells requested the average lakeshore setback not be changed. Gaffron displayed an aerial of the area. Wells pointed out where the applicant is proposing his house. Sansevere inquired what view of the lake would be damaged. Wells invited the Council to visit her property to see the impact. Wells pointed out how her view would be impacted. Sansevere commented he does not see how Ms. Wells' view of the lake would be damaged if a house were constructed on this lot. • Gaffron stated in his view Ms. Wells' view of the lake would not be negatively impacted. Gaffron illustrated the setbacks the house would need to comply with and that her view of the lake would not be impacted. 0 Kempf pointed out the difference is that Ms. Wells would now have a view of a house instead of a vacant lot. Bill Byars, 1389 Orono Lane, stated he has resided in this area for the past three years and that his concern deals with the unknowns of the application. Byars questioned the propriety of using an outlot for one reason five years ago and now using it for something else. Byars stated if the lots are combined, the Council should not grant setback variances until they have seen the final plans for the house, which would help to alleviate some of the concerns. Byars commented they would like to preserve the uniqueness of the neighborhood. Byars requested the Council be careful on what approvals are granted given the unknowns until the neighbors are better apprised on what the applicant is proposing for this lot. Byars noted every neighbor has written a letter opposing this project. Sansevere commented the Orono City Council takes every possible step to protect the rights of all the residents and that the applicant will need to comply with the City's regulations. Edward Callahan, Orono, stated he is appearing here as a representative of Mrs. Goetten, the previous owner of the property. Callahan stated Mrs. Goetten's property is contiguous to the land that is in question here, which is Outlot A and Lot 1. Callahan stated the agreement signed by Mrs. Goetten is still in existence and would remain in effect until if and when the Council decided to revoke the agreement. • PAGE 6 of 6 • ORONO CITY C( Monday, J 7:00 o'c OF THE rNCIL MEETING to 12, 2006 ck p.m. (6. #06 -3196 PAT McNAUGHTON /EDWARD HAMM,1391 FOX STREET, 1401 SHORELINE DRIVE, Continued) Callahan reviewed the history of the land owned by Mrs. Goetten, with the intent of the Goettens to separate Lots 1 and 2. Callahan stated there were a number of issues raised by the City and the Goettens were not willing to approve the division of the two lots unless Outlot A were combined with Lot 1 so as to conform to the City's requirement of a two acre buildable lot. Callahan stated in order for the City to get conformity with its policies and zoning laws, the City approved the division and that it is not his recollection of the approval that it was meant to be a temporary policy. Callahan stated there should be something about t the changing of the policy rather than the Council on what has been submitted and discussed concer policy and that approval of the application by the policies or some other circumstances that dictate :)itrarily changing the policy. Callahan stated based g this application, there is no basis to change the uncil would be setting a dangerous precedent. Callahan stated one of the actual factors to consider is the taking of the economic benefits that would be enjoyed by the Goettens away if this application is approved. Callahan commented adoption of the resolution would also be contrary to the City's zoning code and would be setting a bad precedent because the approval in effect would say to a property owner who owns a two -acre buildable piece of property that he would be able to sell a strip of land ,to his neighbor. Callahan requested the Council consider the repercussions approval of the application would have on the City's zoning code. • Callahan further pointed out that a hardship does not exist to grant the lot line rearrangement. Callahan stated it is his understanding it is the City's desire to protect the lake and that once these two lots are combined and a driveway is constructed on the outlot and a house is built, there would be additional runoff into the lake. Callahan noted the Hamm lot was assessed for sewer and was considered a buildable lot by the City. Callahan pointed out that whatever house is constructed on the lot would be restricted and that it would be a better policy decision for the City to not allow construction of a house on the lot in order to protect the lake. McNaughton pointed out that the Goettens received fair market value for the land and that she did receive economic benefit from the special arrangement. McNaughton noted there are hardships to having the lot across County Road 15 due to safety concerns as well as the fact that Hennepin County feels the present access is unsafe. • Murphy inquired whether the applicant was aware the property. McNaughton stated he was not aware. Murphy commented the applicant could perhaps McNaughton reiterated his concern regarding the sa attempting to achieve safe access to the lake by the Barry Cavalanski, 1399 Orono Lane, stated safety and that the driveway as proposed is very close to delineated survey has been conducted on this prof the traffic on County Road 15 prior to purchasing done better due diligence prior to purchase. y of crossing County Road 15 and that he is line rearrangement. a concern with many of the Orono Lane residents, bus pickup point. Cavalanski inquired whether a y and whether the application before the Council PAGE 7 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. • (6. #06 -3196 PAT McNA UGHTONIED WARD HAMM, 1391 FOX STREET, 1401 SHORELINE DRIVE, Continued) tonight is requesting any variances. Cavalanski stated in his opinion the driveway is better on the County Road 15 side and would allow a house to fit better on the lot. Gaffron stated the application includes a request for lot area variances and it does not request a hardcover variance or any setback variances. Gaffron stated any variances that would be requested to construct a house would need to come before the Council but that it is possible to construct a house on this lot without the need for variances and would therefore not need to come back for council approval. Cavalanski inquired whether there is a building permit yet. Gaffron stated the application includes a conceptually designed house to illustrate how a house could be constructed on this lot. Gaffron stated the need for variances would need to be determined at the time an application is submitted. Gaffron reiterated there is a possibility that this application will not appear before the Council again if the property owner designs a house that meets all of the City's requirements. Gaffron stated the existing curb cut is very close to County Road 15 and does not meet the City's standards. Cavalanski commented that the County did relocate his driveway. Cavalanski inquired whether Mr. Hamm also owns other land in this area. • Gaffron stated this situation is extremely unique where the City has granted lot area variances to create a new lot. Gaffron stated there are no other properties within the city that are separated by both a railroad and a highway. Richard Noland, 1395 Orono Lane, stated he would like to inform the Council that the neighbors' concerns are much greater than their views of this property. Noland stated he has talked with David Zetterstrom from the State Highway Department and that the City is misinterpreting Mr. Zetterstrom's April 13 letter and that the County is not expressing support of this lot combination. Noland stated the exit that comes into Orono Lane is located in the right turn exit coming west onto County Road 15 from Orono Lane. Craig Moen, 1387 Orono Lane, inquired whether a representative for Mr. Hamm attended the Planning Commission meeting. Gaffron stated there was not. Moen inquired whether that was a requirement. Gaffron read the language to the Council concerning applications and stated it has been Staff s understanding all along that Mr. Hamm was going to be represented by Mr. McNaughton. Gaffron stated he is not aware of a specific city code that requires a representative appear at the Planning Commission. Moen inquired whether Mr. Hamm has indicated that the property would be sold to Mr. McNaughton. 0 PAGE 8 of 8 • ORONO CITY CC Monday, I 7:00 o'c OF THE NCIL MEETING ie 12, 2006 ck p.m. (6. #06 -3196 PAT McNA UGHTOXIED WARD HAMM, 1391 FOX STREET, 1401 SHORELINE DRIVE, Continued) McNaughton stated Mr. Hamm has received all the Gaffron stated Mr. Hamm still owns this parcel of Moen expressed a concern that the City does not property would be sold to Mr. McNaughton McMillan stated the biggest advantage of combinin the 1401 lot is a buildable lot because it was assess( lot off of Orono Lane. McMillan inquired whether Gaffron stated there was not an easement granted. McMillan stated granting an easement after the fa with outlots along the lake and that people in the she is respectful of what the Council did in the 19 combination and would probably vote in favor of from the City concerning this application. and has not made any transfer of land. any firm documentation evidencing that this these two lots is the safety issue. McMillan stated for sewer and that there should be access to that i easement was provided to the Hamm property. can become messy and that she also has a concern A have placed docks on outlots. McMillan stated s but that she sees a lot of sense in the new application. White stated he is inclined to side with ex -mayor Callahan and that a larger house on the lake is • detrimental to the lake. White stated he would like to see a plan prior to approving the combination since there is no guarantee that any proposed house would appear before the Council. • Murphy indicated he concurs with the comments i see a plan prior to approving the combination. M- difference in how these lots were created and that without a formal plan in front of them. Murphy stated he is not surprised by the absence c formal document evidencing that Mr. McNaughtoi Murphy suggested McNaughton obtain ownership Murphy stated he does have concerns with the sa: the County to improve that interchange. Murphy currently exists in that interchange remaining the: Sansevere stated he agrees that there needs to be m land to Mr. McNaughton. Sansevere commented tl approvals by the City can be reversed or changed. point someone is going to construct a house on that the lots were combined. Gaffron stated a smaller house would need to be Murphy stated he is not going to make a decision property. Acting Mayor White and that he would also like to )hy stated the history does not make much has a concern about undoing the agreement Mr. Hamm, but that he would like to see some will be purchasing this property from Mr. Hamm. o Lot 1 and then come back before the Council. of that intersection and that the City has petitioned -d he is not able to count on anything that re documentation concerning the future sale of this at nothing is written in stone and that previous iansevere noted that lot is restricted but that at some site. Sansevere inquired how big a home could be if without Outlot A. he sees evidence that Mr. McNaughton owns the PAGE 9 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. (6. #06 -3196 PAT McNA UGHTON /EDWARD HAMM,1391 FOX STREET, 1401 SHORELINE DRIVE, Continued) McNaughton stated the sale of the property is contingent upon the lot line being rearranged and that it would be difficult to bring in documentation evidencing sale of the land if approval is not granted. Murphy moved, White seconded, to deny Application #06 -3196, Pat McNaughton/Edward Hamm, 1391 Fox Street, 1401 Shoreline Drive. VOTE: Ayes 2, Nays 2, McMillan and Sansevere Opposed. MOTION FAILS. . , Sansevere moved to table Application #06 -3196, Pat McNaughton/Edward Hamm, 1391 Fox Street, 1401 Shoreline Drive. McNaughton inquired whether the City has the preliminary plat showing all the elevations. Gaffron noted it is the first exhibit in the Council's packet. MOTION FAILED DUE TO LACK OF SECOND. • McMillan moved to approve Application #06 -3196, Pat McNaughton/Edward Hamm, 1391 Fox Street, 1401 Shoreline Drive, with the condition that the Council review any house and landscaping plans, especially as it relates to average lakeshore setback, location of the house, and hardcover. • Gaffron inquired at what point in time the plans should be brought before the Council. McMillan stated prior to plat approval. Sansevere seconded. Sansevere stated he would suggest that Mr. McNaughton show the neighbors the plans for this property. Murphy inquired what variances are included in the motion. Gaffron stated in order to approve the application that is before the Council tonight, the council would be granting a lot area variance for both lots. Gaffron noted there are no setback variances required but that an average lakeshore setback should be determined. Gaffron stated the special lot combination would also be undone. Gaffron stated in essence preliminary plat approval is being granted and that the motion would require formal plans to be submitted prior to final plat approval. Sansevere stated that is his understanding of the motion made by Council Member McMillan. Gaffron stated the disadvantage to this motion is that if Mr. McNaughton elects not to construct on this process, the City would have plat approval for a house that may not be constructed. McMillan inquired whether those conditions would be attached to the lot of record. Gaffron stated he is unsure whether those conditions would be attached, and suggested that a time limit be placed on which the applicant has to submit a final plat. • PAGE 10 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Jt lne 12, 2006 • 7:00 o'clock p.m. (6. #06 -3196 PAT McNAUGHTON/EDWA1 SHORELINE DRIVE, Continued) Moorse suggested a condition also be included in the lot until a landscaping plan is submitted. McMillan amended her motion, Sansevere sece VOTE: Ayes 2, Nays 2, White and Murphy OF Sansevere moved, McMillan seconded, to table Hamm, 1391 Fox Street/1401 Shoreline Drive. HAMM, 1391 FOX STREET, 1401 motion protecting the trees that are currently on to include protection of the trees. . MOTION FAILED. :ation #06 -3196, Pat McNaughton/Edward : Ayes 4, Nays 0. Noland requested that the Orono Lane residents who', are in opposition of this application be notified of any new activity on this application. Noland stated he would also like to have some evidence showing who is going to be the owner of this property. McNaughton stated he has a purchase agreement willing to speak with the neighbors tonight folloi *7. #06 -3198 GREG AND CINDY HA RESOLUTION NO. 5476 Mr. Hamm. McNaughton stated he would be his application. 3320 FOX STREET — VARIANCE — . Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5476, a Resolution Granting a Variance to the Average Lakeshore Setback for the property located at 3320 Fox Street. VOTE: Ayes 4, Nays 0. 1 8. #06 -3200 HICKORY FINE HOMES, 1374 REST POINT ROAD — VARIANCE Steve Bohl, Developer, and Gary Gangstee, Applicant, were present. Gaffron stated the applicant is requesting a number of variances to rebuild on a property located on Rest Point Road. The lot consists of .65 acre where 1.0 acre is required. The applicant's initial request was for 8.1 percent of hardcover in the 0 -75' zone and to retain nonconforming accessory structures in the 0- 75' zone and lakeward of the average setback. In addition, the applicants have requested hardcover of 32.9 percent in the 75 -250' zone. Gaffron indicated the applicants have since provided a revised plan that reduces the proposed house footprint slightly and reduces the patios around the pool. The proposed 0 -75' hardcover is reduced to 6.77 percent, excluding the necessary wood steps to the lake. The proposed 75 -250' hardcover is reduced to 29.77 percent, but still proposes to retain ! he nonconforming accessory structures. The Planning Commission held a public hearing on May 15, after which the Planning Commission suggested the applicant remove the nonconformities land get the 75 -250' zone down to 25 percent as has commonly been required for lakeshore rebuilds on lots this size. The Planning Commission initially tabled the application and then at the request of the applicant voted 5 -0 to recommend denial and • forward the application to the Council. PAGE 11 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. • (8. #06 -3200 HICKORY FINE HOMES, 1374 REST POINT ROAD, Continued) From Staff's perspective, while the pool is an attractive amenity for this site, it results in excess hardcover and Staff fails to see a hardship to allow it to remain in conjunction with building a new home on the site, especially based on its nonconforming location. Bohl stated the main issue is the pool, which relates to hardcover, and that he requested the Council hear the application rather than having it tabled. Bohl stated the pool is very important to the Gangstees and that they have reduced the size of the home in an effort to keep the pool. Bohl noted the pool has been there for a long time. Bohl noted the hot tub was removed and the size of the house reduced. Bohl stated the neighbors did raise some concerns regarding drainage on the western side of the lot but that there is no opposition to the house or the pool. Sansevere inquired what the hardship is for retaining the pool. Bohl stated the existing house is located closer to the road and that the proposed house is pushed back farther, which does not allow the pool to be moved forward, which is a hardship in his view. Bohl commented the existing conditions are being improved by shifting the house further back on the lot. Gangstee stated in addition it was represented to the previous owners that the pool was outside of the 0 -75' zone. Sansevere inquired how far the pool encroaches into the 0 -75' zone. • Gaffron stated the pool is located 67 feet from the shore and the patio is 63 feet. Murphy inquired how long the pool has been in existence. Gangstee stated since 1987. Murphy inquired whether the pool could be moved. Gangstee indicated he is unsure. Bohl stated between the house and the pool there is a five -foot retaining wall and they are proposing some grading in this area so the grade at the first floor elevation and the pool would be more of a gradual slope. Bohl stated the closer the pool is brought to the house, the greater the need for a retaining wall. Sansevere stated due to the fact that this is a rebuild, the City Council has to remain consistent and not allow any encroachments in the 0 -75' zone. Sansevere stated it would be unfair to allow this encroachment but not the other residents who have approached the City requesting an encroachment in the 0 -75' zone. Gaffron stated out of six lots that were roughly the same size, four of them had hardcover around 28 percent. Gaffron stated this application is out of the range for hardcover granted to other similar lots. • PAGE 12 of 12 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 • 7:00 o'clock p.m. 11 0 (8. #06 -3200 HICKORY FINE HOMES, 137 1 REST POINT ROAD, Continued) Sansevere commented the hardcover granted in the past on similar lots does not change the encroachment into the 0 -75' zone. 'I Sansevere inquired whether the applicants have White commented the City has had a number of 0 -75' zone that have been denied and that the Cc White suggested this application be tabled to give with Staff. Murphy commented it is a lot easier to remove is somewhat sympathetic to the situation. McMillan stated she has the same view as Gaffron inquired what percent hardcover would be Murphy stated the applicant is attempting to do an agree to any percent in a motion at this point in tin into moving the pool. )us applications requesting encroachment into the needs to be consistent. applicant an opportunity to discuss his options types of hardcover than to move a pool and that he Murphy. in the 75 -250' zone. lot on this lot and that he would be reluctant to Sansevere commented any agreement to increase the hardcover above 25 percent would merely be to allow a bigger pool than what could be constructed 'at 25 percent. Bohl stated the overlay of the new house and exists. Bohl indicated it was their goal to not pool. Murphy commented he is reluctant to say that he zone in order to allow a pool. Bohl inquired if the application is tabled whether Commission again or the City Council. White suggested Staff determine whether the Commission. Murphy moved, Sansevere seconded, to table Rest Point Road. VOTE: Ayes 4, Nays 0. is within a couple hundred feet of what currently the hardcover over what exists except for the allow additional hardcover within the 75 -250' would need to appear before the Planning application should go before the Planning #06 -3200, Hickory Fine Homes, 1374 9. 06 -3201 DAVID CARLSON OF WILSON MANAGEMENT FOR CHARLIE THOMPSON, 875 WAYZATA BOULEVARD }NEST — COMPREHENSIVE PLAN AMENDMENT Steve Johnston; David Carlson, Wilson Management; Charlie Thompson, property owner, were present. PAGE', 13 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. (9. 06 -3201 DAVID CARLSON OF WILSONMANAGEMENT FOR CHARLIE THOMPSON, 875 WAYZATA BOULEVARD WEST, Continued) Gaffron stated the applicants are requesting an amendment to the comprehensive plan to allow development of this site at an urban residential density of two units per acre to accommodate six 2 -unit townhomes. The property is currently guided for rural residential use at a density of one unit per two acres. The Planning Commission, on a vote of 3 -2, recommended approval of an amendment to the Orono Comprehensive Plan to allow for some unspecified level of increased density, potentially up to two units per dry buildable acre, in the range of 8 -12 units for this specific site; final density and number of units relies on a variety of factors discussed at the Planning Commission meeting. The Council should review the application and determine whether there are sufficient and compelling reasons to re -guide the property to allow for urban density development, and if such reasons are present, consider what goals or standards should be established to minimize any negative impacts of the urban density within the defined rural area. Carlson illustrated the layout of the units on the site and the proposed exterior design for the units. Carlson pointed out there are two different garages with varying roof elevations and two separate entrances. The majority of the living would be done on the main level, with the units being geared towards empty- nesters. Carlson displayed the interior layout of the units, which consists of approximately 2200 square feet, with an optional four- season porch. Carlson displayed how the gateway into the City of Long Lake would look with this development and the landscaping proposed for this area. Carlson suggested this portion of the property be turned over to the City after two years in lieu of park dedication fees. Carlson stated they have four units already sold contingent upon City approval, which demonstrates the marketability of this type of development. Carlson noted they are one -story units as compared to a two -story residential home and that the majority of the neighbors, with the exception of one gentleman, are in favor of this development. McMillan pointed out this area has very good access to the Luce Line. Carlson noted the type of people who would reside in this type of development would not utilize their yards or decks much and would probably spend the winters in a warmer climate. Johnston stated all the trees that are currently in the right -of -way would remain with this development and that they intend to maintain a significant buffer on the other sides of the property. Johnston stated the existing driveway would also remain. Johnston expressed a concern that they would not be able to have three septic sites available on the property. • Sansevere commented that the amount of money to be gained off of this development is considerably less if three single - family homes were constructed. • PAGE 14 of 14 • • • ORONO CITY ( Monday, 7:00 o (9. 06 -3201 DAVID CARLSON OF WILSON. 875 WAYZATA BOULEVARD WEST, Continued; OF THE rNCIL MEETING te 12, 2006 ck p.m. GEMENT FOR CHARLIE THOMPSON, Johnston stated three homes would not justify the lift station or the joint powers agreement that would be necessary. 'I Johnston noted the layout has been revised to meet t unit to meet the buffer and would require a variance proposal would remain essentially the same as what pulled away from old Highway 12. Johnston stated trees that exist and that they are planning on suppler McMillan stated she has an issue with changing the only one small aspect to be considered when propw consider changing the comprehensive plan for a slid septic sites were truly a problem. wetland buffer but that they are unable on one . Johnston indicated the access roadway under their xists, with the majority of the buildings being stering would allow them to retain the row of ting those trees. ty's Comprehensive Plan and that marketability is such a change. McMillan stated she would increase in density or if it was determined that Johnston stated in his opinion there would need to be a joint powers agreement regarding the water. McMillan commented in her view the density is too zoning similar to the one -acre zoning that is found ii Johnston pointed out this project site more closely rf the density is approximately the same as the adjoinii McMillan stated she would probably only consider < Sansevere stated he has less of an issue with density how close the most western villa is located to the Lu Johnston stated that unit is 31 feet from the Luce Line. McMillan inquired whether there is a building setba Gaffron stated this would likely end up as a RPUD , setbacks it feels are appropriate. Johnston pointed out that the existing homes in Lon McMillan expressed a concern about urban creep if Murphy commented he has a difficult time envision pointed out that other uses for this property would r of the issues that should be considered is access to t generate less traffic. Murphy stated he would be in he would like to see the two lower units eliminated. .igh for this parcel and that she would prefer different pockets throughout the city. tes to what is happening in Long Lake and that area. zoning for this site. ien the location of the site. Sansevere inquired Line. and would be approximately 83 feet from the to the Luce Line. that the Council could establish whatever Lake are approximately 65 feet from Luce Line. Comprehensive Plan is changed. three single- family homes on this site and zire a conditional use permit. Murphy stated one land in this area and that the proposed use would for of changing the comprehensive plan but that PAGE i5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. (9. 06 -3201 DAVID CARLSON OF WILSON MANA GEMENT FOR CHARLIE THOMPSON, 875 WAYZATA BOULEVARD WEST, Continued) White stated this site is a challenge to develop given the two heavily traveled roads and the surrounding density. White stated he has a difficult time envisioning single - family housing in this area and that changing the comprehensive plan in this area would have less impact than other areas of the city. White inquired how, the drainage would be handled on the site. Johnston stated some retaining walls would be necessary and that there would also be a slight swale. Sansevere stated in his view the units should conform to the wetland buffer. Carlson stated if one of the two units were eliminated, it would meet the wetland buffer, but that he would prefer to retain both units to keep the visual appeal. Carlson noted they need four votes to change the comprehensive plan. McMillan stated she is not in support of changing the Comprehensive Plan due to the amount of density being proposed. McMillan reiterated she would be agreeable to one acre zoning for this site. Johnston inquired if Commissioner McMillan had a number in mind for the units. McMillan commented there are a number of pockets throughout the City that are one -acre and that she would like to stay with that type of density. Is Johnston stated if the one unit were eliminated, the density would be 1.7 units per acre or .06 units per acre. McMillan indicated she would like to stay with the zoning categories that the City currently has. Sansevere moved, Murphy seconded, to table Application #06 -3201, David Carlson of Wilson Management for Charlie Thompson, 875 Wayzata Boulevard West — Comprehensive Plan Amendment. VOTE: Ayes 4, Nays 0. *10. #06 -3203 PETER JOHNSON FOR JAMIE WILSON, 745 SPRING HILL ROAD — VARIANCE — RESOLUTION NO. 5477 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5477, a Resolution granting a lakeshore setback variance for expansion of the existing garage /guest house at 745 Spring Hill Road. VOTE: Ayes 4, Nays 0. 11. CITY OF ORONO, ORDINANCE: BUILDING HEIGHT, LOT WIDTH, AGGREGATE SETBACKS Murphy moved, Sansevere seconded, to table Item No. 11, City of Orono, Ordinance: Building Height, Lot Width, Aggregate Setbacks — Ordinance, to a work session. VOTE: Ayes 4, Nays 0. • PAGE 16 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'cl ck p.m. MAYOR/COUNCIL REPORT McMillan noted a letter of thanks to the staff was received from Camp Teko. White stated there was a complaint from the owners'of the Navarre Hardware Store regarding the parking in this area. White indicated an event was held at the Narrows Saloon at the same time the hardware store had scheduled a big sidewalk sale and that the patrons of the Narrows Saloon utilized all the parking, which made it very difficult for customers of the hardware store to find parking. Murphy noted the opening day for the Youth Learning Institute at the park on Big Island was a smashing success and that the City should thank the people who helped make the park possible. CITY ENGINEER'S REPORT *12. SEAL COAT PROJECT FOR CITY Murphy moved, Sansevere seconded, to au coat project. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT — ADVERTISEMENT FOR BIDS the advertisement for bids for the 2006 seal- *13. LIQUIDATION OF SURPLUS FORFEITED VEHICLES • Murphy moved, Sansevere seconded, to approve the sale of a 1983 Cadillac and a 1991 Oldsmobile at the Orono Police Department by a, sealed bid process. VOTE: Ayes 4, Nays 0. Murphy moved, Sansevere seconded, to approve the sale of the following vehicles: 1998 Chevrolet Pickup, 1995 Lincoln Continental, 1992 Chrysler Van, 1997 Pontiac 4 -door, and a 1993 Ford 4D LXE through Minneapolis Auto Auction at a cosi of not to exceed $282 per car. VOTE: Ayes 4, Nays 0. *14. DISPOSAL OF SURPLUS AUTOS Murphy moved, Sansevere seconded, to approve the sale of four surplus police department vehicles through Minneapolis Auto Auction at a cost of $282 per car. The four cars to be liquidated are: 2001 Dodge Caravan, 2003 Ford Crown Victoria, 2003 Ford Crown Victoria, and a 2000 Ford Crown Victoria. VOTE: Ayes 4, Nays 0. *15. 2005 GENERAL AND SPECIAL REVENUE FUNDS BUDGET AMENDMENTS Murphy moved, Sansevere seconded, to approve the 2005 budget amendments for the General and Special Revenue Funds as presented. VOTE: Ayes 4, Nays 0. *16. COMPENSATION FOR ACTING POICE CHIEF DUTIES Murphy moved, Sansevere seconded, to approvelthe adjustment of the pay rate of Correy Farniok to Step 1 of the Level 9 Salary Range, for the period of the Police Chiefs absence. VOTE: Ayes 4, Nays 0. PAGE 17 of 17 J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 7:00 o'clock p.m. *17. APPOINTMENT OF TREASURER Murphy moved, Sansevere seconded, to appoint Ron Olson as Treasurer. VOTE: Ayes 4,.Nays 0. *18. APPOINTMENT OF GOLF COURSE SEASONAL EMPLOYEE Murphy moved, Sansevere seconded, to approve the appointment of Ed Kvam to a seasonal position with the Golf Course, effective June 10, 2006, at a pay rate of $8.00 per hour. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None *19. LICENSES Garbage Hauler Licenses 1. Baldy Sanitation 5906 Henry Street Maple Plain, MN 55359 Special Event Permits • 2. Applicant: Carey Nordling Event: Amateur Fishing Tournament Location: Maxwell Bay Public Access Date: Sunday, June 18, 2006 Time: 5:30 a.m. -2:00 p.m. 3. Applicant: Deb Rozaboom Event: Yard Wedding for Approximately 150 guests. Location: 2967 Casco Point Road Date: August 12, 2006 - Time: 4:30 p.m. 11:30 p.m.; Music from 7:30 p.m. -11:00 p.m. 4. Applicant: Steve Bren/Connie Piepho Event: Wedding Reception for Approximately 150 guests Location: 540 North Arm Drive Date: July 1, 2006 Time: 4:00 p.m. — 1:00 a.m.; Music from 5:00 p.m. —10:30 p.m. Murphy moved, Sansevere seconded, to approve the above licenses. VOTE: Ayes 4, Nays 0. *20. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds account. VOTE: Ayes 4, Nays 0. 0 PAGE 18 of 18 y MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2006 • 7:00 o'clock p.m. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn, he meeting at 10:24 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Ll • PAGE 1�9 of 19