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HomeMy WebLinkAbout06/15/2009 Planning Commission Minutes � _ _1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING June 15,2009 � 6:30 o'clock p.m. � ROLL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Kim Kang, Commissioners Denise Leskinen,Loren Schoenzeit, and Alternate Michelle Winer. Representing Staff were Assistant City Administrator for Long-Term Strategy Mike Gaffron, Planner Evelyn Turner,and Recorder Jackie Young. Council Member Cynthia Bremer arrived at 6:35 p.m. Commissioner Jon Schwingler arrived at 6:37 p.m. Acting Chair Kang called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance. CONSENT AGENDA *1. APPROVAL OF PLANNING COMNIISSION MEETING MINUTES OF MAY 18,2009 Winer moved,Schoenzeit seconded,to approve the minutes of the Planning Commission meeting of May 18,2009,as submitted. VOTE: Ayes 4,Nays 0. NEW BUSINESS 2. 09-3410 JACK W. SAFAR,980 FERNDALE ROAD WEST—VARIANCE,6:34 P.M.— 6:55 P.M. Gaffron stated the applicant is requesting lake setback and hardcover variances in order to construct an addition to the home,including a deck located 43 feet from the OHWL where a 75 feet setback is normally required. Although the project does not trigger the wetland buffer requirement, a variance from the required 70 feet wetland buffer and buffer setback is also requested as the addition will result in the creation of a nonconformity. The existing residence was constructed in 1987. At that time Ferndale Marsh had a required setback of 26 feet. In 2005,the City adopted new wetland regulations based on the Minnehaha Creek Watershed Functional Assessment of Wetlands. The home and associated hardcover as it exists today are legally nonconforming and require lake setback and hardcover variances. Gaffron illustrated the location of the home and lot on the overhead. Due to the recent reinterpretation of Ferndale Marsh,the 75 foot setback from the 929.4 foot OHWL of the lake has been applied to this property. While the proposed addition does not trigger the wetland buffer requirement,the City's goal is to assure that new structures do not encroach into the required 70 foot setback from the wetland. A 20 foot setback from the buffer is also required for structures in order to preserve the appearance of open space and to allow for a minimal yard space before the native buffer vegetation. John Smyth,the City's wetland specialist,visited the property and determined that the wetland boundary exists approximately below the line of the long boulder retaining wall. This retaining wall is set back 15 feet from the OWHL at its closest point. The addition would be approximately located between 28 feet to 34 feet from the wetland. Therefore,the new addition would be nonconforming with respect to the required 70 feet wetland setback. PAGE 1 , . � � MINUTES OF THE ORONO PLANIVING COMMISSION MEETING June 15,2009 6:30 o'clock p.m. (#09-3410 JACK W. SAFAR,980 FERNDALE ROAD WEST, CONTINUED) The existing home is also located partially ahead of the average lakeshore setback but should have no greater negative impact on the views of the lake/Ferndale Marsh enjoyed from adjacent properties. Due to the minimal scope of the applicants'request and the fact that the wetland buffer requirement was not triggered,a wetland delineation was not required for this project. The addition will encroach into the required 70-foot wetland setback, and if approved,will become a legal nonconforming portion of the house. Staff finds that there is a hardship inherent to the property as the home was constructed prior to the new wetland regulations resulting in an extremely restricted property. The Planning Staff recommends approval of the setback variances and approval of some level of hardcover variance within the 0-75 foot zone for the proposed addition. Staff also recommends the illegal nonconforming shed should be relocated to a location which conforms to the 10 foot side setback and that an after-the-fact building permit be obtained. Further,the proposed silt fence should be moved to just above the retaining wall and no lower than the 932 elevation. Gaffron noted a letter from an adjoining property owner has been received by the City in support of the project. Kang asked if the reduction of the deck is reflected in the proposed hardcover number. , Darren Schmidt, Schmidt&Association, stated the 279 square feet of additional hardcover does not include the revision of the deck. Winer noted Staff is recommending the illegal nonconforming shed be relocated. Gaffron noted the shed currently is located two feet from the property line. The neighbor has indicated he is okay with the shed remaining in that location but recommended the Planning Commission should discuss whether it should be moved. Leskinen noted the Planner's report indicates that the shed is consistent with the building permits issued in 1998. Leskinen asked if the shed was later relocated. Gaffron stated it appears from the survey attached to the building permit that this is a different shed since it was originally located 20 feet from the property line in 1998 and that the shed on the property is currently located two feet from the property line. Gaffron suggested the Planning Commission explore their options regarding the shed. Mrs. Safar stated the shed is in the original location as the previous shed but that it is of a larger size. Safar noted the shed was on the property at the time they purchased the property. Acting Chair Kang opened the public hearing at 6:47 p.m. There were no public comments regarding this application. PAGE 2 - E MINUTES OF THE ORONO PLANNING COMMISSION MEETING June 15,2009 6:30 o'clock p.m. (#09-3410 JACK W. SAFAR,980 FERNDALE ROAD WEST,CONTINUED) Gaffron noted the letter in support of the property was received by Robert Floyd, 960 West Ferndale Road, and that in the letter he indicates he is fine with the shed remaining in its present location and is also supportive of the project. Acting Chair Kang closed the public hearing at 6:48 p.m. Winer stated she is fine with the project subject to the recommendations of Staff. Kang noted the applicant has offered to reduce the size of the deck, and asked whether any other reductions in hardcover would occur. Schmidt stated they would shrink the deck in size and remove a portion of the concrete patio. Kang asked whether there would be any further reductions. Schmidt stated the applicants do not feel they can make any further reductions. Schoenzeit stated given the minimal size of the addition,he would be in favor of the project. Kang commented she also is fine with the loca�ion of the shed. Schoenzeit moved,Winer seconded,to recommend approval of#09-3410,Jack W. Safar,980 Ferndale Road West,granting of lake and wetland setback variances and the granting of a hardcover variance,with the shed being allowed to remain in its current location,and subject to the proposed silt fence being moved to just above the retaining wall and no lower than the 932' elevation. VOTE: Ayes 5,Nays 0. 3. 09-3412 CORTNEY SCOTT LeNEAVE ON BEHALF OF CORTNEY WAYNE LeNEAVE,360 WAKEFIELD ROAD, SUBDIVISION—SKETCH PLAN Coriney Scott LeNeave and Coriney Wayne LeNeave,Applicants,were present. Turner stated the applicant is requesting sketch plan review on a proposal to divide the property located at 360 Wakefield Road into two lots. The property consists of 7.07 acres and is located in the RR-1B zone. There are two wetlands on the property. A wetland delineation has been completed and accepted by the Minnehaha Creek Watershed District. Turner illustrated the configuration of the two lots that would be created and the location of the wetlands. Access for Lot 1 would remain as is. A new driveway would provide access for Lot 2. It appears that the driveway would need to meander to reduce its slope to the maximum allowed 10 percent. Approximately 5,900 square feet of wetland is proposed to be filled to provide a driveway to the new lot. This will require a rezoning to remove that portion of the property from the wetland overlay district and to add the mitigation area to the wetland overlay district. A permit from the MCWD will also be required. PAGE 3 . C MINUTES OF THE ORONO PLANNING COMIVIISSION MEETING June 15,2009 6:30 o'clock p.m. (09-3412 CORTNEY SCOTT LeNEAVE,360 WAKEFIELD ROAD,CONTINiJED) This permit should be obtained before an application is made for city approval of the fill and preliminary plat. Turner stated the preliminary plat would need to demonstrate that each lot contains two contiguous acres that are not wetland. Planning Staff is requesting the Planning Commission review the sketch plan and comment on any issues they feel are relevant. Turner noted the neighboring property owners were notified of this hearing and the proposed subdivision for this lot. Winer asked why the City does not have the report from the Watershed District. Turner stated they do have acceptance by the Watershed District of the wetland delineation but that the applicants would need to submit a formal application to the MCWD for the wetland fill once the preliminary plat is completed. Leskinen asked how much dry buildable land is available near wetland one. Leskinen noted there does not appear to be enough dry buildable land to form two contiguous lots consisting of two acres. Gaffron noted it does not appear to be possible to create two lots consisting of a minimum of two acres of dry buildable land and that it is likely the lots would be approximately 1.6 and 1.7 acres. Gaffron commented it would be inconsistent for the City to allow creation of a lot out of that outlot. Leskinen commented that there appears to be a large amount of fill proposed for the driveway. Gaffron stated he was involved with this subdivision a number of years ago and that it is his understanding that Outlots D and E were intended to be attached to the lot to the west. Outlot D may have been critical to complete the size of that lot. Turner commented Outlot D was intended to be a septic site for the property to the north but that one septic site was eventually located on the property. Gaffron asked whether the lots have been tested for suitable septic sites. LeNeave indicated they have not. Gaffron stated he is not sure whether additional land could be purchased. The City has approved in the past filling to create access to the back of a property in cases where there is sufficient dry buildable land to create a confornung lot. Winer asked whether pilings could be utilized. LeNeave stated his father is the owner of the property and is present this evening. LeNeave indicated the first step would be to approach the Minnehaha Creek Watershed District to determine their position on the wetlands and that one option is to utilize pilings or wood posts. The other issue is the two acres contiguous land and whether there is a suitable building site on both lots. The acreage relates primarily to PAGE 4 • 'L MINUTES OF THE ORONO PLANNING COMMISSION MEETING June 15,2009 6:30 o'clock p.m. (09-3412 CORTNEY SCOTT LeNEAVE,360 WAKEFIELD ROAD,CONTINiTED) the density. The land to the east consists of a golf course and to the north are larger lots. LeNeave indicated he does not believe these lots will negatively impact the density in the area and that the total acreage for the lots would exceed two acres but would not be contiguous. LeNeave stated the spirit of the law in terms of density is being met. Kang asked if it is typical to require the minimum if the land is not contiguous. Gaffron stated to his lrnowledge the City has not granted a lot area variance to create a new lot except in two cases,and one situation was to get rid of the Stubbs Bay Marina in 1980 and the other was a contract agreement in the Minnetonka Bluffs area to allow for sewer. To approve this application without two acres contiguous would be very unusual and that it is his understanding the City's Comprehensive Plan also prohibits it. Schoenzeit stated it appears the applicant has a good understanding of what is required for this proposal to be approved. Kang noted a fairly substantial driveway would be required and asked whether a wild life analysis would be conducted to deternune the impact of the driveway on the wetlands. Gaffron stated the Wetland Conservation Act is the regulation the City would look at and that the act does not get into the issue of wild life. Gaffron indicated he does not feel that will be a major factor in the decision by the Watershed District. Schwingler asked if the manmade wetland would be treated differently. Turner stated the one wetland that is manmade may play a role in the quality of the wetland and that an analysis will need to be completed to look at the quality of the wetland and what improvements could be made to upgrade it. Turner stated overall,though,the two wetlands would be treated basically the same. Gaffron asked what type of wetlands they are. LeNeave stated it is a marshy land with cattails growing in it. Turner indicated the Watershed District indicates the smaller one is a Type V wetland and the north wetland a Type III. The City classifies the north wetland as a preserve and the smaller wetland is not ' identified on the City's map. Acting Chair Kang opened the public hearing at 7:15 p.m. There were no public comments regarding this application. Acting Chair Kang closed the public hearing at 7:15 p.m. Kang noted a number of permits would need to be obtained. Kang asked whether this application would need to go before the City Council. PAGE 5 � ,w , MINUTES OF TAE ORONO PLANNING COMMISSION MEETING June 15,2009 6:30 o'clock p.m. (09-3412 CORTNEY SCOTT LeNEAVE,360 WAKEFIELD ROAD,CONTINUED) Turner stated the applicants may wish to obtain some direction from the City Council on whether they would be willing to approve an application like this before they incur the expense of preparing the wetland fill application. Schoenzeit asked whether the applicants should gather any additional information prior to going before the CounciL Turner stated they may want to discuss their proposal with their wetland consultant. Gaffron stated it would also be useful to lrnow the exact amount of dry buildable land available to help determine the amount of variance that would be required. The Planning Commission took no formal action on this application. PLANNING COMMISSION COMMENTS 4. REPORT OF PLANNING COMNIISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS MAY 26,2009,AND JLTNE 8,2009 There was no representative in attendance at the May 26,2009, City Council meeting. Leslcinen reported on the June 8,2009,City Council meeting and noted that the Council approved the Bagley application after considerable discussion regarding the setbacks between the two homes. On the Kaley application,the Council tabled the application to allow the applicant time to revise his plans to reflect a garage consisting of 780 square feet. The Bennett application was also approved. Gaffron noted an after-the-fact building pernut fee was required but not an after-the-fact variance fee. Leskinen noted Gray's Bay dam was closed earlier than normal and that the water level of Lake Minnetonka is down by approximately one foot. In addition,two representatives from the Long Lake Area Chamber were present to discuss possible signage along the new Highway 12 corridor to help direct travelers into Long Lake. The Mayor of Long Lake had requested that the Orono City Council sign a resolution in support of the signage that would be submitted to Mn/DOT. 5. OTHER ISSUES FOR DISCUSSION Schwingler asked whether the old Highway 12 corridor will be reblacktopped. Gaffron stated it is his understanding portions of the old Highway 12 corridor are scheduled to be reblacktopped and that the County is requiring that be done prior to the road being turned over to the County by Mn/DOT. Gaffron noted the comprehensive draft update is now available on the City's web site and that the six month review period started last Wednesday for adjacent cities. The City is planning on having an open house sometime this fall to gain input from the residents on the plan. PAGE 6 + , MINUTES OF THE ORONO PLANNING COMMISSION MEETING June 15, 2009 6:30 o'clock p.m. 6. SELECTION OF REPRESENTATNES TO ATTEND CITY COUNCIL MEETINGS ON JUNE 22,2009,AND JULY 13,2009 June 22, 2009–Schoenzeit July 13, 2009 -Kang ADJOURNMENT Schwingler moved,Winer seconded,to adjourn the Orono City Council meeting at 7:33 p.m. VOTE: Ayes 5,Nays 0. � '—�._,� Ra empf, Chair PAGE 7