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HomeMy WebLinkAbout03/16/2009 Planning Commission Minutes MINUTES OF T1iE ORONO PLANNING COMMISSION MEETING March 16,2009 6:00 o'clock p.m. ROLL The Orono Planning Commission met on the above mentioned date with the following members present: Chair Ralph Kempf, Commissioners Jaye Ann Bennett,Tess Rice, and Alternate Janice Berg. Commissioner Jon Schwingler arrived at 6:08 p.m. Representing Staff were Assistant City Administrator for Long-Term Strategy Mike Gaffron,Planner Evelyn Turner, and Recorder Jackie Young. Chair Kempf called the meeting to order at 6:02 p.m., followed by the Pledge of Allegiance. 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 17,2009 Kempf requested Page 3 be corrected to read, "Kempf noted elevations of the garage have not been provided. Kempf asked what type of materials would be utilized on the proposed garage and how it would be situated in relation to the house." Kempf moved,Rice seconded,to approve the minutes of the February 17,2009,Planning Commission meeting as submitted. VOTE: Ayes 4,Nays 0. NEW BUSINESS 2. #09-3398 LAKE COUNTRY BUII.DERS ON BEHALF OF GAYLE AND GREG HAYHURST,2660 PHEASANT ROAD—VARIANCE,6:05 P.M.—7:12 P.M. Gayle and Greg Hayhurst,Applicants,and Peter Jacobson with Lake Country Builders,were present. Turner stated the applicants are proposing to construct a garage/laundry room addition and an entrance porch and terrace. The applicant is requesting a variance to allow 28.82 percent hardcover in the 75-250 foot zone when the maximum allowed is 25 percent. The house was originally constructed in 1951. A family room was added to the lake side of the house in 1976. The proposed 423 square foot addition would contain a third garage stall and a laundry room consisting of 346 square feet and a 78 square foot open porch and a terrace,which would be added at the front door. The terrace/porch would replace 102 square feet of sidewalk. In addition, 39 square feet of hardcover consisting of planters would be removed from this area. The project also includes replacement of the roof structure to enlarge the second story as well by adding a deck consisting of 24 square feet. Aerial photographs show that the stone patio located closer to the lake and the stone fountain were added to the property sometime between 2001 and 2006. These structures have added 635 square feet of hardcover to the property. The other stone patio appears to have been enlarged. The 346 square feet of hardcover in excess of that allowed are included in the variance request. The applicant is also proposing to incorporate a rain garden,which would capture approximately 75 percent of the runoff from the 250-500 foot zone and 50 percent of the runoff from the portion of the house roof within the 75-250 foot zone. PAGE 1 MINUTES OF THE ORONO PLANI�TING COMMISSION MEETING March 16,2009 6:00 o'clock p.m. Turner stated a detached garage consisting of 208 square feet could be constructed between the house and the street without any hardcover removals. Turner pointed out that this neighborhood does not have any other garages located in the front yard and that all the garages in the area are attached. Turner noted the existing grades next to the residence in the front and sides are too high in that there is not the required separation between earth and siding. This will require changes to the grading plan. Staff does not recommend approval of the portion of the variance for existing hardcover. If the Commission finds a hardship exists to justify the proposed addition and/or terrace, Staff would recommend approval of a hardcover variance but with some reduction to existing hardcover and provision of a rain garden or permeable paving. If the Commission would like to see a rain garden incorporated into the applicanYs plans,the item should be tabled to allow the grading plan to be revised. Kempf asked whether any of the data contained in Staff's report has changed. Turner indicated the recommendations of the City Engineer were added to the report but that there were no other changes. Jacobson stated he had been retained by the applicants to construct an addition to the second story and that as the project progressed,they became aware of the hardcover and grading issues. Jacobson indicated it is possible to construct a two-car garage in front of the house without a hardcover variance, but that the garage would not be aesthetically pleasing from the street and that the neighbors prefer the proposed location. Jacobson stated they suggested the rain garden as a means of accommodating a good portion of the runoff from the driveway. Jacobson indicated the applicants' current driveway experiences runoff in the warmer months and ice build-up in the colder months and that in their opinion the rain garden would allow them to better control the runoff in the area near the street. Greg Hayhurst stated the tiered retaining walls closest to the lake collapsed shortly after they purchased the property and that they replaced them with boulder walls. One patio was also replaced due to water issues with the French drain and the other patio was also constructed to help with the water issues near the house. Hayhurst indicated they are attempting to correct a water problem with the current application. Hayhurst stated the garage could be located in the front yard,which would require the removal of a tree, or they could construct a two-car garage in the proposed location. The neighbors would prefer the garage not be constructed in the front yard. Hayhurst indicated they would also be removing a sidewalk to help reduce the hardcover. Chair Kempf opened the public hearing at 6:22 p.m. There were no public comments concerning this application. Chair Kempf closed the public hearing at 6:22 p.m: Bennett asked whether there would still be drainage issues if the rain garden is not constructed in conjunction with the garage. ' PAGE 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING March 16,2009 6:00 o'clock p.m. Jacobson stated there would still be water problems unless the grading around the driveway is corrected in conjunction with the construction of the garage. Bennett commented she would like to see a plan that depicts the rain garden or revised grading plans on how the water problems would be addressed by the applicant Kempf indicated he did visit the property this afternoon and noticed water running across the property past the house towards the garage. Kempf stated in his opinion the driveway is poorly graded and could perhaps be re-graded to help divert the water down the street. Kempf stated in his view a rain garden,in conjunction with re-grading near the street,would help to resolve the drainage issues. The runoff/drainage issues are a separate issue and do not constitute a hardship for the garage. Kempf pointed out the current turn-around allows enough space for three cars to park,with room for two more vehicles in front of the garage. Kempf noted there is also parking space available on the street. Kempf stated in his opinion the garage should not be located in the front yard ahead of the principal residence and that he would recommend the applicants consider their options for reducing the hardcover on the lot. Kempf noted this residence also has a lower level walkout,which a number of homes along the lake do not have. Crreg Hayhurst stated in his opinion they could reach the 25 percent hardcover with some revisions. Kempf stated revising their plans would be an option and that the Planning Commission would like to see the hardcover reduced as much as possible since this lot is located on the lake. Berg pointed out that in this neighborhood there are not other garages located in the front yard and that she would prefer the garage not be located in that area in order to preserve the aesthetics of the neighborhood. Kempf commented that would be a choice the applicants would need to make. Hayhurst stated his neighbors on the lakeside would prefer the garage in the location they have proposed. Turner stated currently there is 346 square feet of excess hardcover in the 75-250 foot zone and the shed consists of 182 square feet. Hayhurst stated they would remove the shed,the side patio, and a walkway. Bennett stated the applicants could also look at turning the proposed garage sideways. Hayhurst stated the garage would need to be detached to be out of the 75-250 foot zone and that they are also attempting to retain the trees as much as possible. Hayhurst illustrated a possible location of the garage and noted that it would be located over a portion of the driveway. Berg asked whether the applicants would still be constructing the entrance porch and terrace as part of this project. Hayhurst stated they would like to construct that and are looking at reducing the hardcover by removing the side patio and walkway. PAGE 3 MINUTES OF THE ORONO PLANNING CONIMISSION MEETING March 16,2009 6:00 o'clock p.m. Berg asked whether the applicants would still be correcting the runoff associated with the driveway if the garage is relocated. Jacobson indicated they would be correcting the drainage in that area. Jacobson asked why the Planning Commission likes to see the runoff diverted from the lake. Kempf stated the City likes to see the runoff towards the lake slowed down as much as possible to allow the runoff to be filtered before it enters the lake. Jacobson pointed out their proposal makes good progress towards controlling and slowing down the runoff into the lake and that he would encourage the Planning Commission to take that into consideration. Bennett stated in her opinion she would like to see more information on the rain garden and the grading. Jacobson indicated he did not receive the city engineer's recommendations until tonight and that Gronberg has noted the size of the rain garden in his materials. Bennett reiterated that she would still like to see additional information on the rain garden before voting on the application. Jacobson pointed out the rain garden is not part of the hardship discussion and that it is a separate item that could be done to help resolve the water problems near the driveway. Bennett stated she was offering the applicants the option of tabling their application to look at their options for the water problems. Jacobson stated he has been associated with applications in the past where rain gardens were part of a variance application but that the rain garden in this case is a separate issue from the garage. Rice commented that wanting a three-car garage does not pose a hardship and that the hardcover should be reduced on this lot. Kempf commented the rain garden would help deal with the water that comes in off of the street but that it is not a big mitigating factor in this application. Kempf stated he feels the amount of excessive hardcover on this lot is too much and should be reduced. Kempf moved,Rice seconded,to recommend denial of Application#09-3398,Lake Country Builclers on behalf of Gayle and Greg Hayhurst due to the excessive hardcover on the lot. VOTE: Ayes 2,Nays 3; Bennett,Berg, and Schwingler opposed. Motion failed. Berg stated she would like the garage to be located in an aesthetically pleasing spot and not in the front yard. Bennett stated she would like to retain the integrity of the house and the garage and look at the lot overall. Schwingler stated as it relates to the hardship,it is fairly clear that there is not a hardship for the garage and that he would prefer to see the garage located in a good spot for the neighbors. Schwingler indicated he would not be opposed to granting a hardcover variance in order to preserve the aesthetics of the lot. PAGE 4 MINUTES OF THE ORONO PLAN1vING COMMISSION MEETING March 16,2009 6:00 o'clock p.m. Kempf commented the aesthetics of the garage would be a trade-off but that in his view the applicant should make another attempt to fiu-ther reduce the hardcover. Rice questioned how the Planning Commission could recommend approval of a variance when there is not a demonstrated hardship. Rice stated the duty of the Planning Commission is to protect the lake as much as possible. Berg commented the Planning Commission also has to take into consideration how the structure will impact the neighborhood and that she would prefer to see the garage located in the proposed location as long as the hardcover is reduced closer to the 25 percent. Rice commented the Planning Commission may be setting a dangerous precedent by approving a location that requires a variance when there is a location available for the garage that does not require a variance. Berg stated at the time an application is heard the Planning Commission has an opportunity to recommend improvements to the lot and that she would also like to address the water issues with this application. Bennett stated she would prefer to see a rain garden versus a French drain. Bennett reiterated she still does not feel enough information has been provided on the rain garden or the grading that the applicant is contemplating in order to address the water issues. Kempf stated the poor grading of the driveway results in a number of drainage issues and that in his view there should be a more comprehensive drainage plan submitted. Kempf asked if the Planning Commission agrees to a variance with the condition that a portion of the hardcover be removed,whether a portion of the driveway would be eliminated. Hayhurst stated probably 30 to 40 percent of the driveway is not necessary if the third stall is added and that a good portion of the driveway would need to be removed in order to fix the drainage issues. Bennett reiterated she would like to look at the entire project rather than just a couple pieces of it. Kempf asked whether the applicants would like their application tabled in order to revise their plans to show the removal of the hardcover and to show how the drainage issues would be resolved. Bennett noted the Planning Commission is unlikely to approve the hardcover at the level the applicants are asking and that in her view the best approach to this application is to look at the entire lot. Kempf asked whether the applicants would be agreeable to tabling their application to allow them to revise their plans. Jacobson asked whether the incorporation of rain gardens is necessary for approval or whether they can simply reduce the hardcover. Kempf stated the applicants will need to do as much as possible to reduce the runoff into Lake Minnetonka and reduce the hardcover on the lot. Kempf recommended the applicant develop a more comprehensive drainage plan. Jacobson asked whether permeable pavers would be considered hardcover. PAGE 5 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING March 16,2009 6:00 o'clock p.m. Kempf stated they would be. Turner stated the Planning Commission has the choice of tabling the application or make a motion either approving or disapproving the application,but that it appears the Planning Commission is not in favor of the 28 percent hardcover being proposed. . Jacobson noted they could also proceed to construct the garage in the front yard if they so choose and forego the variance. Schwingler stated that is their option. Schwingler noted the Planning Commission is a recommending body and that the City Council could still approve the application even if the Planning Commission recommends denial. Jacobson asked whether they could proceed forward to the Council. Kempf stated they would need to reconsider the failed motion in order for the application to proceed forward to the City Council. Turner noted the Planning Commission could table the application without the applicants' consent. Bennett moved,Schwingler seconded,to table Application#09-3398,Lake Country Builders on behalf of Gayle& Greg Hayhurst,2660 Pheasant Road. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 3. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS FEBRUARY 23,2009,AND MARCH 9,2009 Kempf noted no representatives were in attendance at either City Council meeting due to the limited agenda. 4. OTHER ISSUES FOR DISCUSSION Bennett asked whether Staff would be able to withhold the building permit on the application heard tonight if the hardcover is not reduced. Turner indicated they could. Gaffron noted the City Council has not appointed a replacement at this time for David Rahn's spot. 5. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON MARCH 23,2009,AND APRIL 13,2009 March 23—Kempf April 13—Bennett PAGE 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING March 16, 2009 6:00 dclock p.m. ADJOURNMENT Bennett moved, Schwingler seconded,to adjourn the Orono Planning Commission meeting at 7:23 p.m. VOTE: Ayes 5,Nays 0. � � h empf, Chair PAGE 7