HomeMy WebLinkAbout05/18/2009 Planning Commission Minutes � MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
May 18,2009
6:30 o'clock p.m.
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Ra.lph Kempf, Commissioners Kim Kang,Tess Rice,Denise Leskinen,and Loren Schoenzeit.
Representing Staff were Assistant City Adminisirator for Long-Term Strategy Mike Gaffron,Melanie
Curtis,Planner Evelyn Turner, and Recorder Jackie Young. Council Member Lili McMillan arrived at
6:40 p.m. Commissioner Schwingler arrived at 7:33 p.m.
Chair Kempf called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item No. 4 was added to the Consent Agenda.
Chair Kempf opened the public hearing at 6:33 p.m. for Item No.#09-3404,Paul&Megan Bennett, 500
Hanlon Avenue.
There were no public comments regarding this item.
Chair Kempf closed the public hearing at 633 p.m.
Kang moved,Leskinen seconded,to approve the Planning Commission meeting minutes of
April 20,2009,as submitted. VOTE: Ayes 5,Nays 0.
NEW BUSINESS
2. 09-3395 GEORGE N.BAGLEY ON BEHALF OF RALPH COLT BAGLEY ESTATE,
1105 FERNDALE ROAD WEST, CONDITIONAL USE PERMIT AND VARIANCES,6:35 P.M.—
7:13 P.M.
Bob Mitchell,Attorney-at-Law,was present. Mitchell noted that Mr.Bagley resides in Connecticut and
is the personal representative of the estate of Ralph Bagley.
Turner stated the applicant is requesting variances for lot area, lot width, side setback, lakeshore setback,
floodplain setback, and hardcover. In addition,the applicant is requesting a conditional use permit to
rearrange the floodplain on the property. _
The existing house was constructed in 1950. The screen porch on the northwest end of the house was
added in 1984. The porch required setback and hardcover variances. A condition of approval of these
variances was that the runoff from the roof be directed to a drain field.
The proposed house would be constructed on the existing foundation with the addition of an open porch
on the entry side. There would be a second floor over the southeast half of the house; although the
portion over the garage would resemble a half-story. The ridgeline of the roof over the northwest half
would be about 12 feet higher than the ridgeline of the existing house. Peak height of the proposed house
would be 32.6 feet. Defined height would be 26.1 feet. The house would be 5 to 13 feet from the side lot
line. The zoning district requires a 30-foot setback. In addition,the house would be located 12 to 50 feet
from the lake when the shoreland regulations require a 75-foot setback from the lake.
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
May 18,2009
6:30 o'clock p.m.
(#09-3395 George Bagley, 1105 Ferndale Road West, Continued)
Turner stated this zoning district requires two acres,with this lot comprising 0.63 acre. The property has
a defined lot width of 0 and the zoning district requires 200 feet of width.
Turner illustrated the proposed plan on the overhead and highlighted the proposed reductions in
hardcover. The applicant is proposing the hardcover in the 0-75 foot zone to be 33.2 percent, which is a
reduction from 33.7 percent. The only hardcover permitted in this zone would be an 8-foot wide
driveway,which is allowed because the property has no other access, and a 32 square foot landing for the
dock. New hardcover would consist of a low retaining wall that minimizes the cut and fill areas, the
sidewalk to the front door,33 square feet of the front porch and additional driveway in front of the third
stall. A portion of the driveway and the old sidewalk to the front door would be removed. There would be
a 149 square foot reduction in hardcover.
Turner stated the floodplain regulations require that when alterations are made to a house in the
floodplain,any expansion of the structure must be in compliance with the floodplain regulations. When
the cumulative value of alterations exceeds 50 percent of the value of the structure,the entire structure
must be brought into conformance with the floodplain regulations. Compliance for this house would
require raising the floor of the crawl space and garage. The house would be 3 to 30 feet from the
floodplain. The floodplain regulations require a 15-foot setback.
Turner indicated the fill is necessary to provide access to the garage. This would be required even if the
house was being replaced in-kind. Most, if not all, of the trees north of the house would be removed. A
tree replacement plan should be required before council consideration.
Floodplain regulations require the elevation of the driveway be no lower than one foot below the flood
elevation or 930.5. Part of the existing driveway is below this elevation and must be filled. Less than
five inches of fill will be required but it should be included in the MCWD application.
The recommendation of Staff is approval of the conditional use permit with the following conditions:
1. The plan being revised so no point of the driveway is lower than 930.5.
2. Replacement trees being planted,with the plan being provided prior to Council consideration.
Planning Staff recommends approval of the variances subject to:
1. The property being combined into one tax parcel.
2. To reduce the visible impact of the house, especially as viewed from the lake, the house siding,
trim and shingles being dark colors.
3. To compensate for the loss of the drain field that receives the runoff for the screen porch, a net
reduction of 267 square feet of hardcover(118 square feet more than proposed).
4. Provision of mitigation measures including:
a. The new driveway having a permeable surface.
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MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
May 18,2009
6:30 o'clock p.m.
, (#09-3395 George Bagley, 1105 Ferndale Road West, Continued)
b. Buffer adjacent to northerly lakeshore and protective covenants for the buffer.
, c. A defined pathway between the west corner of the sunroom and the lake.
Kempf asked if the previous drainage would be eliminated.
Curtis noted the property is located within the 100-year floodplain and adding fill within the floodplain
requires a removal of an equal number of cubic feet of fill as mitigation for the floodplain filling.
Schoenzeit asked what the elevation of the dirt would be reduced to.
Turner indicated it would be 931.5, which is the 100-year high water mark.
Kempf asked if the rip-rap would remain as is.
Turner indicated it would.
Mitchell stated the house has deteriorated to the point where it requires replacement. The applicant is
agreeable with complying with the recommendations of the City Engineer.
Mitchell stated they would need to review what trees would require removal and that they would like to
retain as many of the larger trees as possible. Mitchell indicated he has been familiar with the property
since the early 1950s because his mother lived in the adjoining property and that he is fairly certain the
lakeside patio has always existed on this properiy from its original construction. They are agreeable to
removing the concrete on the south side of the house consisting of 250 square feet. Mitchell stated they
would also comply with Staff recommendations on the landscaping.
Mitchell asked what Staff considers permeable.
Turner stated it typically is special pavers or other materials that allow the water to flow through the
material and into the ground.
Mitchell stated on the west side of the property there is rip-rap along the lakeshore and that the level of
Lake Minnetonka has historically only increased by one foot.
. Kang noted Staff has recommended a reduction in the screen porch and asked whether the other
reductions in hardcover were in consideration of that.
Mitchell stated it is and that they are not proposing any additional reductions.
Chair Kempf opened the public hearing at 6:58 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 6:58 p.m.
PAGE 3
MINUTES OF THE
ORONO PLAN1vING COMMISSION MEETING
May 18,2009 •
6:30 o'clock p.m.
(#09-3395 George Bagley, 1105 Ferndale Road West, Continued)
Kempf noted the neighbors are in attendance at tonight's meeting and appear to be in favor of the project.
Kempf stated in light of the applicants beirig agreeable with Staff's recommendations,he is generally in
favor of the project. Kempf stated the outstanding issue appears to be the lakeside patio.
Leskinen asked whether there are any other areas on the property where the hardcover could be reduced.
Turner stated the City is limited in requiring removal of nonconformities and that it comes down to
whether the patio existed in 1984. For anything that existed on the property since 1975, the City is not
able to require the removal of it.
Leskinen asked whether the patio is included in Staff's hardcover calculations.
Turner indicated it is.
Kempf asked whether the City has seen instances where hardcover or structures are not included on
surveys.
Turner noted this survey is from 1984 and that it is her belief hardcover regulations were not as strict and
the surveys were not as detailed as they are currently.
Kang indicated she is pleased the applicants are removing the concrete on the northwest side of the house.
Kang commented it does not appear there is sufficient history to determine for sure when the patio came
into existence and that based on that, she is not opposed to the patio remaining.
Kempf noted this is a small, low lot and that it was his understanding the rip-rap is not in good condition.
Kempf asked whether Staff recommends the rip-rap be replaced.
Mitchell stated there is a high likelihood the new purchaser of the property will replace the rip-rap to
protect their inveshnent. Mitchell concurred the property has fallen in disrepair.
Kempf asked whether the applicant intends to construct the new house and then sell the property.
Mitchell stated it depends on the housing market and that it is possible they would construct a spec house
on the lot.
Kempf moved,Rice seconded,to recommend approval of Application#09-3395, George N.Bagley
on behalf of Ralph Colt Bagley Estate, 1105 Ferndale Road West,granting of a conditional use
permit and variances,subject to the new driveway,new wallcway, and new patio (if replaced)
having a permeable surface,if possible, and subject to the landscape plan including screening in the
northwest corner between the two houses. VOTE: Ayes 5,Nays 0.
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� MINUTES OF THE
ORONO PLANIVING COMNIISSION MEETING
� May 18,2009
6:30 o'clock p.m.
3. 09-3402 PHILIP F.KALEY, 1395 BROWN ROAD SOUTH,VARIANCES,7:14 P.M.—
7:50 P.M.
Philip Kaley,Applicant,was present.
Turner stated the applicant is requesting setback variances to allow construction of a detached garage
located four feet from the north property line when a 15-foot setback is required and two feet from the
property line adjacent to Arbor Street when a 50-foot setback is required. Currently there is no garage
located on the property. A variance is also requested to allow for 15.89 percent structural coverage when
the maximum is 15 percent.
The applicant is proposing to replace the deteriorated shed with a new 32-foot wide by 28-foot deep
garage. The proposed garage would be placed in the same general location as the shed. A survey of the
property shows that it is smaller than shown on the plat. The application was made based on the size of
the lot as platted. Staff's initial review of the application was done with the lot size reduced by 1,600
square feet and the garage size was reduced by 64 square feet. The final survey reduced the size of the lot
by an additiona1800 square feet but changed the garage to the size originally proposed. Based on the
final survey,the garage exceeds structural coverage by 146 square feet.
Turner requested the Planning Commission discuss the following issues:
1. Would driveway access from Brown Road or North Shore Drive be advantageous in any way?
Both are county roads. When a property has frontage on both a county road and a local street,
. County policies call for driveway access to be from the local street. Maintaining access from
Arbor Street would be consistent with the City's policies.
2. Is the lack of a garage a hardship? This zoning district requires a 2-acre minimum and the lot
consists of 0.37 acres. Regardless of its location,a setback variance would be required for the
garage.
3. Is the location proposed compatible with the surrounding area? The proposed garage would be
eight feet closer to the street than the existing shed.
4. Would a location south of the house be more compatible with the surrounding area? This would
not eliminate the need for setback variances from Arbor Street and Brown Road. It would
eliminate the need for setback variance from the north property line and from the house.
5. Can the size of the garage be reduced without causing a hardship? The proposed garage is 896
square feet. Without the structural coverage variance a garage of 750 square feet could be
constructed. A common two-car garage is about 575 square feet.
6. Would there be an advantage to an attached garage? An attached garage would eliminate the
need for a 10-foot separation between the house and the garage. It would not eliminate the need
for setback variances.
Planning Staff recommends approval of setback variances for a smaller garage if a suitable location that is
compatible with the surrounding area is found. Staff would recommend the size of the garage be limited
PAGE 5
MINUTES OF THE
ORONO PLANIVING COMMISSION MEETING
May 18,2009
6:30 o'clock p.m.
(#09-3402 Philip F.Kaley, 1395 Brown Road South,Continued)
to 750 square feet,which would reduce the required setback from the north property line from 15 feet to
10 feet.
If the garage is located north of the house,a setback from Arbor Street of no less than 24 feet, the same as
the setback of the house to the north. If the garage is located south of the house, a setback from Arbor
Street of no less than 38 feet,the same as the setback of the house.
Kaley stated they have struggled for a number of years to find an ideal location for a garage and that
given the topography and the trees located on the property, the proposed site is the best location in their
view. Kaley noted on the south side there is a drop in elevation,which would require a significant
amount of fill. If the garage is relocated or reconfigured,that would require additional driveway,which
he would like to avoid doing if at all possible, or the construction of a retaining wall,which he also would
like to avoid.
Kaley noted his wife suffers from a form of lung disease and that he is going to be purchasing a handicap
van with a lift,which will require a wider garage. In addition,he would like to retain as many of the trees
as possible.
Kang asked what type of materials would be utilized in construction of tlie garage.
Kaley stated he would like the garage to look compatible with the house as much as possible.
Rice asked what his neighbors feel about the project.
Kaley stated the neighbors are in favor of the project.
Schoenzeit stated he would like this application meet the 15 percent structural hardcover number and
meet a 10-foot side setback. Schoenzeit commented it is unlikely the applicant would get approval for
access off of the county road,which makes this location,with access off of Arbor Street,more feasible.
Leskinen stated she has a concern with the proximity of the garage to the street since it would give the
appearance of a great deal of massing. Leskinen raised a concern that it may interfere with the snow
plowing activities of the City given the close proximity to the street. Leslcinen commented she would
prefer the garage be set back as far as the adjacent house.
Rice indicated she also has a concern regarding the close proximity of the garage to the street.
Schoenzeit asked whether the garage could be attached.
Kaley stated attempting to attach the garage would be difficult. The house is situated approximately two
feet above the street level and that he is attempting to situate the garage below street level to reduce the
impact of the height.
Schoenzeit asked what the distance is between the property line and the roadway.
PAGE 6
. 1VIINUTES OF THE
ORONO PLANNING COMMISSION MEETING
May 18,2009
6:30 o'clock p.m.
(#09-3402 Philip F.Kaley, 1395 Brown Road South, Continued)
Turner stated the garage would probably be 15 to 20 feet back from the pavement and approximately 10
feet forward of the existing shed.
Curtis noted there would probably not be enough room to park a vehicle in front of the garage on the
Kaley's property.
Kempf stated in his view the lack of a garage is a hardship and that Arbor Street is the best access.
Kempf noted there are some other garages in the neighborhood that are located in close proximity to the
street and that he would be in favor of a garage that is 25 feet deep and 30 feet wide,with the garage
being pulled back slightly to the 10-foot setback from the house. Kempf stated he also would like the
applicant to meet the 15 percent structural coverage.
Kaley stated he drives pickups and that he would prefer a 28-foot depth. Kaley indicated with his storage
needs and the handicap van,he is hesitant to reduce the size of the garage.
Kempf commented a 30' by 25' garage is not a small garage and would allow extra room on the sides.
Kempf stated given the particulars of this application,the size of the garage is sufficient.
Turner noted there is between 35 to 36 feet between the north wall of the house and the property line,and
that if the garage is located more than five feet from the north property line,the garage would start to
overlap the porch,which serves as the front door of the house.
Kempf stated he would like to leave the south line of the garage in the same spot it is now and move the �
garage closer to the house.
Kaley indicated he would be willing to live with the 30 feet but that he does not want to relocate the
garage further east given the difficulties it would create for construction.
Kempf stated it is likely he would need to do some excavating and construct a retaining wall. ,
Schoenzeit asked if the building would be slab on grade.
Turner stated theoretically it could be slab on grade but given the close location to the retaining wall,it is
likely he would need frost footings.
Schoenzeit stated if there are frost footings,he would need to do some excavation.
Kaley pointed out it would also reduce the size of the back yard to move the garage closer to the house.
Kempf commented this is not an ideal situation and that some compromises are necessary.
Schoenzeit stated the applicant would be able to conslruct a 750 square foot garage but just not in the
exact location he is proposing.
Kaley stated he has an issue with moving the garage further east.
PAGE 7
. MINUTES OF THE
ORONO PLAN1vING COMMISSION MEETING
May 18,2009
6:30 o'clock p.m.
(#09-3402 Philip F.Kaley, 1395 Brown Road South, Continued)
Kempf stated if the applicant does not want to move the garage further east,he will need to reduce the
size of the garage. Kempf stated the Planning Commission also needs to take into consideration the
impact the garage would have on the neighbors.
Kempf moved to recommend approval of Application#09-3402,Philip F.Kaley, 1395 Brown Road
South, granting of setback variances,to allow a 750 square foot garage, or a 30' x 25' garage,
subject to the garage being relocated east as much as possible to still meet the setback from the
house,with the understanding the south wall of the garage would remain in its proposed location,
and subject to the garage being constructed out of similar materials to the house. The final
proposed dimensions of the house/garage will need to meet the 15 percent structural hardcover
limit for the lot.
Kaley asked how far the east wall would be from Arbor Street.
Turner commented it would be about three feet farther than he had proposed
Schoenzeit noted it would be approximately 11 feet from the Arbor Street property line to the garage.
Kempf stated it would be as far east as the setback of the applicant's house.
Curtis stated it would be the minimum of ten feet from the house.
Kang seconded. VOTE: Ayes 6,Nays 0.
*4. 09-3404 PAUL AND MEGAN BENNETT,500 FIANLON AVENUE,AFTER-THE-FACT
VARIANCE
Kang moved,Leskinen seconded,to recommend approval of Application#09-3404,Paul and
Megan Bennett,500 Hanlon Avenue,granting of an after-the-fact variance for construction of a
covered porch over an existing deck,and the granting of a structural coverage variance to allow 42
square feet over the permitted 15 percent,resulting in 15.3 percent structural coverage.
VOTE: Ayes 5,Nays 0.
PLANNING COMMISSION COMMENTS
5. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING
COUNCIL MEETINGS APRIL 27,2009,AND MAY 11,2009
Kang reported on the Apri127`�'City council meeting and noted the Trongard application was placed on
the Consent Agenda. Kang stated the hardcover ordinance proposed by the City was tabled. °
Turner stated the City Council concurred with the Planning Commission on the Fagerness application.
PAGE 8
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
May 18,2009
6:30 o'clock p.m.
(Planning Commission Comments, Continued)
Kang noted the Council spent a considerable amount of time discussing issues relating to Big Island and
the Minnehaha.
Kempf stated he reviewed the city council minutes and had some questions regarding the reimbursement
by the City for the removal of hardcover.
Turner stated the City would have to pay for the value of the legal nonconforming hardcover that it
requires removed, according to state statute.
McMillan noted that state statute was changed a couple of years ago as it relates to legal nonconforming
hardcover. McMillan recommended information on the statute be provided to the Planning Commission.
Curtis noted that item has been discussed at work sessions and that Staff and the Planning Commission
need to become acclimated to the change and its impact on variances.
McMillan stated the City is looking at what level of services it would like to provide for Big Island,
particularly in light of the vandalism that has occurred in the past. McMillan noted the bathroom facilities
will not be open this year and that the City will be looking at the costs to operate the bathroom facilities in
the future as well as other issues that were raised.
6. OTHER ISSUES FOR DISCUSSION
Kempf noted the Planning Commission vice chair position is open and that Kim Kang has expressed an
interest.
McMillan stated the Council will ultimately appoint someone to the vice chair position but that they
would like to get the recommendation of the Planning Commission.
7. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON
MAY 26, 2009,AND JUNE 8, 2009
May 26, 2009—No representative required
June 8, 2009—Denise Leskinen
ADJOURNMENT
Kempf moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 8:07
p.m. VOTE: Ayes 6,Nays 0.
R h e pf, Chair
PAGE 9