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HomeMy WebLinkAbout07/20/2009 Planning Commission Minutes � MINUTES OF THE ORONO PLANNING COMIVIISSION MEETING July 20,2009 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 Denise Lesldnen,Loren Schoenzeit,Kim Kang,Tess Rice,Jon Schwingler, and Jaye Ann Bennett. Representing Staff were Planning and Zoning Coordinator Melanie Curtis, and Recorder Jaclde Young. Council Member poug Franchot was present. Chair Kempf called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA *1. APPROVAL OF PLANNING COMIVIISSION MEETING MINUTES OF JUNE 15,2009 Schoenzeit moved,Schwingler seconded,to approve the minutes of the Orono Planning Commission meeting of June 15,2009, as submitted. VOTE: Ayes 7,Nays 0. NEW BUSINESS 2. 09-3414 KATHY&PATRICK MIDDLETON,720 TONKAWA ROAD,VARIANCES, 6:33 P.M.—6:45 P.M. Kathy and Patrick Middleton,Applicants,and Patrick Weir,General Contractor,were present. Curtis stated the applicants are requesting an average lakeshore setback and a side setback variance to consiruct a second story on the existing residence as well as a structural coverage variance to add an entry porch. The house to the northwest is located about 40 feet behind this house. The house to the southeast is located at about the same setback from the lake. The addition would be 8 to 34 feet forward of the average lakeshore setback line. The house is located 7.4 feet from the northwest side property line. The second story addition would be at this same setback. A 10-foot side setback is now required. The proposed second story would cover the entire enclosed structure and include a small balcony type deck over the existing lakeside deck. Sidewall height would increase about nine feet. Peak height would increase about 14 feet to about 28 feet. As part of the remodeling,the front door will be relocated from the southeast side of the house to the southwest side,closer to the garage. A 4 x 4 foot open porch would be added. This would increase structural coverage from 17.73 percent to 17.85 percent. The maximum now allowed is 15 percent. The Planning Commission should consider the following issues: 1. Are the proposed setbacks compatible with the adjacent properties? The adjacent house to the southeast is three to five feet off the common property line. The houses are about 20 feet apart. The adjacent house to the northwest is at street level. Its lakeside deck is about 40 feet farther from the lake than the back of the addition. The application includes photographs taken from the deck. PAGE 1 MINfJTES OF THE ORONO PLANIVING COMMISSION MEETING July 20,2009 6:30 o'clock p.m. (09-3414 KATHI'&PATRICK MIDDLETON,720 TONKAWA ROAD,CONTINUED) 2. Is the proposed entry porch essential for making reasonable use of the property? The proposed porch is minimal in size and will shelter the only entry to the house. Several structural coverage � variances have been granted to allow the addition of entry porches or vestibules to older houses. Planning Staff recommends approval of the average lakeshore setback variance and,if the Planning Commission determines appropriate,the side setback variance. Patrick Middleton stated they are limited in their options due to the topography of the lot and that basically their only option is to go up. Patrick Weir,General Contractor,stated from a structural standpoint as it relates to the side setback,if the second story addition were offset,it would require posts and beams from the basement up to offset the load. Weir stated the posts and beams would make the rooms on the first floor and in the basement smaller. Chair Kempf opened the public hearing at 6:38 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 6:38 p.m. Kempf asked whether the neighbors are in support of this application. Patrick Middleton stated he did submit a letter from the neighbor to the north and also submitted photographs of his residence taken from the other adjoining residence. Kempf stated on a similar application located on North Shore Drive,the Planning Commission required the second story to be offset. The issues with that application relating to light, access for emergency vehicles,and close proximity to the neighbors do not seem to apply here and that the main issue with this application appears to be the average lakeshore setback. Kempf indicated he is fine with the application proceeding forward to the City Council. Kempf noted the house has a footprint consisting of 960 square feet,which is a modest house, and that given the very small amount of square feet being requested over the maximum structural coverage limit,he would be in favor of approving the structural coverage variance. Schwingler concurred with the comments of Chair Kempf and stated he is in favor of Staff's recommendation. Bennett indicated she also is in favor of Staffls recommendation. Kempf moved, Schoenzeit seconded,to recommend approval of Application#09-3414,Kathy and Patrick Middleton,granting of an average lakeshore setback variance,a side setback variance to construct a second story on the existing residence,and a structural coverage variance to add an entry porch. VOTE: Ayes 7,Nays 0. PAGE 2 MINUTES OF TII� ORONO PLANNING COMNIISSION MEETING July 20,2009 6:30 o'clock p.m. 3. 09-3416 LOREN BUTTERFIELD,3925AA WATERTOWN ROAD, SUBDIVISION— PRELIMINARY PLAT,6:45 P.M.—7:33 P.M. Loren Butte�eld,Applicant,was present. Curtis stated the applicant is requesting preliminary plat approval for the division of one 14 acre lot, which includes the portion of the property across the Luce Line Trail,to be divided into two buildable lots containing five plus dry acres each. The proposed single-family development with 5-plus acre lot sizes is consistent with existing development in the surrounding neighborhood. The surrounding properties vary in size between 5 to 30 acre lots,with a few small existing 1 plus acre lots nearby. The applicant also owns the properties at 3955 and 3905 Watertown Road,which are directly adjacent. The septic inspector has given preliminary approval to the proposed septic sites. The property is located in the RR-lA, One Family Rural Residential District,which allows for single � family rural residential uses with a minimum lot size of five dry buildable acres. Under a standard subdivision process, each proposed lot would have to contain the minimum of 5.0 acres of dry buildable land. The current survey depicts two lots with a conforming density of one lot per five dry acres. Only one new lot is being proposed. The northern portion of this lot is currently being used as a greenhouse operation. The greenhouse has been operating on this site with a CUP since at least 1969. The remainder of the site includes a large, centrally located wetland,with woods along the Luce Line Trail, and low rolling topography. A greenhouse operation and a residence currently exist on proposed Lot 1. At this time the existing home and the greenhouse operation are proposed to remain. Proposed Lot 2 will straddle the Luce Line Trail and will contain the majority of the wetlands. The suggested home site on Lot 1 is over 350 feet from Watertown road and over 400 feet from the suggested home site on Lot 2,which proposed to preserve the open character of the land. There are a number of driveways serving the property. Currently the applicant is proposed to use Outlot C,which serves as the access for 3905 Watertown to access the new Lot 2. The existing greenhouse buildings and shed are between one foot and 18 feet from the edge of the existing outlot. Widening of this outlot to the private road standard width of 50 feet would cut through the existing shed and directly abut the existing greenhouse buildings. The Luce Line Trail crosses the southern portion of this development. The CMI'indicates that no future trails are proposed along Watertown Road. Park dedication or fees would be established by City Council resolution. The applicant would like to maintain the existing access to Lot 1 and access Lot 2 and 3905 Watertown via Outlot C. The City's previous approvals included discussions about requiring a widened outlot, creation of a private road with a cul-de-sac meeting City standards at the time of further development of 3925 Watertown. In addition, in order to consolidate access onto Watertown Road,it was intended that 3925 Watertown abandon its existing access to Watertown Road and access the property via Outlot C. The City would require standard perimeter, drainage and utility easements around all property boundaries in the plat as well as Conservation and Flowage Easements over the delineated wetlands and wetland PAGE 3 i MINUTES OF THE ORONO PLANNING COA�IlVIISSION MEETING July 20,2009 6:30 o'clock p.m. (#09-3416 LOREN BUTTERFIELD,3925AA WATERTOWN ROAD,CONTINUED) buffers. Establishment of wetland buffers and buffer setbacks will be triggered for the lots containing wetlands. � According to the Minnehaha Creek Watershed District maps,there are two wetlands on the property. The wetlands have been delineated. The existing wooded area at the southern portion of the property adjacent to the Luce Line Trail would be relatively untouched as the lot setbacks and wetland buffer and buffer setbacks contain most of the wooded areas. Staff recommends a roval of the relimina lat sub'ect to u adin the access outlot to Ci rivate PP P �'P J P�' g h'P road standards and the City Engineer's recommendations. Also, consistent with the approvals for Babysbreath Heights, Outlot C should be widened to 50 feet and upgraded to serve as access for all three properties. The Planning Commission should discuss whether the outlot should be widened and whether the existing access and driveway should be upgraded. The direction of the past Council on the outlot was that upon further development of 3925 Watertown Road,the outlot should be widened and constructed to meet City private road standards,including a cul-de-sac. In addition,the Planning Commission should make a recommendation on whether the greenhouse operation should continue following subdivision approval. At a minimum,the new Lot 2 should be explicitly removed from the CUP for the greenhouse. Butterfield stated he has resided on Watertown Road since 1927 and that he has run his greenhouse operation for a number of years and has taken great care to preserve the land. Butterfield indicated he would like to construct two accesses to serve the four lots. Butte�eld stated he owns the property located at 3906 Watertown and would like to access that lot and the first lot,which would allow for the elimination of two of the driveways and a safer access for the property to the northwest. Butterfield noted that he currently has a settling pond which handles a significant amount of the runoff and serves the area to the northeast as well as runoff from the road and buildings. Curtis stated it is defined as a wetland and pointed out the area on the overhead that Mr.Butterfield was referring to. 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. Kempf noted he did visit this property and spoke with Mr.Butterfield personally regarding his application. The applicant indicated he would like to avoid a 50-foot driveway easement on the outlot and that having two accesses to the four lots would not require the easement. Kempf noted that option is not included in the application tonight. '�, PAGE 4 I� MINUTES OF THE ORONO PLANTTING COMMISSION MEETING July 20,2009 I 6:30 o'clock p.m. � (#09-3416 LOREN BUTTERFIELD,3925AA WATERTOWN ROAD, CONTINU�D) Curtis stated what is being proposed tonight is two back lots and a front lot. The existing back lot was developed prior to the current regulations regarding back lots but it does meet the back lot standards of the City. City Codes allows one property without road frontage to be divided off but that the applicant is now proposing that two properties without road frontage be divided off and not meeting the City's minimum road standards,which is a concern for Planning Staff. � Kempf noted there would be the same number of accesses under both options. ' ; Curtis illustrated the current driveways on the overhead and stated the application would eliminate one of the accesses. Staff's preference is to relocate the driveway for the northern lot and consolidate the other driveways onto the outlot,including the property at 3905. Butterfield stated the driveway to the north would be eliminated. ', Kempf stated the downside is that there would be an easement required across Lot 1 to serve the most northerly lot. Curtis stated there would also be a second back lot created that does not meet the City's standards. 3905 is currently a back lot with access off of the 28-foot outlot. Lot 2 is being proposed as a back lot as well, with access off of Outlot C. City Code only allows one back lot/front lot configuration. Kempf asked why it would not be considered two back lots currently. ' Curtis stated because it has a private driveway that meets private road standards. � Jeremy Grant, 3965 Watertown Road, asked where the driveway would be. Curtis stated the driveway would start on the lot that is part of this development,which is depicted in red on the overhead. Schoenzeit stated in order to not be a back lot,the driveway would need to be extended.'Both situations are similar but one would not be compliant. � Leskinen stated in her view the 50-foot wide street standards would be the way to go given the configuration of the lots and asked whether some of the Watertown accesses would be eliminated. Curtis stated if the outlot was widened to 50 feet,all of the accesses off of Watertown Road would be consolidated to the new private road/Outlot C. Schoenzeit asked if the access is the main issue in this development. Curtis stated access would determine whether or not the property line would get moved north or south and whether a cul-de-sac is required at the southern end of the private driveway for emergency services. Curtis stated given the fact that this development is located in a rural area,it may be appropriate to look at something other than the standard 100-foot cul-de-sac. , i PAGE 5 ', � MINUTES OF THE � ORONO PLANNING COMNIISSION MEETING , July 20,2009 �� 6:30 o'clock p.m. i (#09-3416 LOREN BUTTERFIELD,3925AA WATERTOWN ROAD,CONTINU�D) Schoenzeit asked if the applicant is comfortable constructing a city compliant road as opposed to what is proposed. , � Butterfield expressed concerns regarding the cost of the private road and reducing the square footage from the lot size,which would impact the sale price. Butterfield indicated he does not intend to sell the property in the foreseeable future and that he is attempting to complete the application while he is still physically able. ', Kempf stated the Planning Commission needs to look at the future impact of this development on the neighboring properties and that it is not a major factor in their decision malcing exactly when the property will be sold. Kempf commented that private roads disappearing into the woods is one of Orono's rural characteristics and that a 50-foot road would be somewhat obtrusive. Curtis noted it would be a 50-foot easement with a 24-foot wide road. ' Kempf stated given the limited amount of traffic in the area and the pristine character of the property,he would prefer to see a hammerhead rather than a cul-de-sac. �' � Leskinen asked if the private road would need to be paved. ' Curtis indicated the road would need to be blacktopped once it goes from a private driveway to a private road that services three or more properties. j �' Kempf stated a big cul-de-sac does not make sense for this development and asked whether there could be a hammerhead with a private drive off of that. � Curtis stated there will still be people that go down that road and that having the driveway north of the outlot is an option. Curtis stated to her lrnowledge there is a certain distance required for fire trucks to back up and that the City has a certain engineering standard that is necessary for emergency vehicle access. Anything that differs from that would require approval from the fire chief,which cannot be decided tonight. Kempf stated a standard cul-de-sac for this development in his view is not necessary and would be excessive for this property. � Butterfield asked if the entrance to Lot 1 is from the property to the north,whether that would change the situation. ' I Curtis stated that would still create the two back lot situation,which is not compliant. One of the benefits of ineeting the code with the 50-foot frontage is that it decreases the setbacks on Lot 2,which gives more leeway for a building site.Curtis suggested the applicant's engineer propose an alternate turn-around situation that the City Engineer and Fire Chief could then review and possibly approve. ; Kempf stated another issue is whether this particular application should have a rural oasis study completed,and that in his view he does not see the need for that given the proposed location of the building sites. � PAGE 6 , MINUTES OF THE ORONO PLANIVING COMMISSION MEETING July 20,2009 i 6:30 o'clock p.m. , I (#09-3416 LOREN BUTTERFIELD,3925AA WATERTOWN ROAD,CONTINUED) It was the consensus of the Planning Commission that a Rural Oasis Study not be required on this application. � Kempf asked if the greenhouse is currently in operation. Butterfield indicated it is not but that the landscaping portion is. Kempf asked if a business is being operated from the property. � Butterfield indicated there is. ; ; - Kempf noted a CUP would be required for the business and asked whether Mr.Butterfield intends to continue to run the business following the subdivision. ; Butterfield stated they would be leasing the land in the subdivision until the business is closed. Kempf stated he would like to see the business operation cease as part of the subdivision once the lots are sold. Curtis stated the City would require a resolution revoking the conditional use permit upon redevelopment of the property. Once a property is redeveloped,it does allow the City to review the CUP. Curtis noted that Lot 2 could be removed from the CUP or the CUP could be eliminated upon redevelopment of the property. � Kempf asked when that would take effect. Curtis indicated it would likely be when the final plat was approved but that she would need to review that issue with the city attorney. Curtis stated she did inform the applicant of that issue this afternoon. Kempf asked when the trunk and park fees would need to be paid. ; Curtis stated at the time the final plat is filed with the county,the fees would need to be paid. Leskinen moved,Rice seconded,to recommend approval of Application#09-3416,3925 Watertown Road,granting of preliminary plat approval subject to the recommendations of Staff and the City Engineer and subject to Outlot C being widened to 50 feet and upgraded to a private road to service all three lots. VOTE: Ayes 7,Nays 0. � 4. 09-3417 STEPHEN&SUSAN MOSELEY, 1635 BOHNS POINT ROAD,VARIANCES, 7:33 P.M.—8:03 P.M. Susan Moseley,Applicant,was present. Curtis stated the applicants are requesting average lakeshore setback,lakeshore setback, and structural coverage variances to construct additions and add a half-story to the existing house. The request also { I , PAGE 7 ', MINUTES OF THE ORONO PLANNING COMIVIISSION MEETING July 20,2009 6:30 o'clock p.m. i I (#09-3417 STEPHEN&SUSAN MOSELEY, 1635 BOHNS POINT ROAD,CONTINUED) I includes hardcover variances to have 26.36 percent in the 0 to 75 percent zone where 25.44 percent exists and no hardcover is allowed and to relocate and change the nature of nonconforming hardcover in the 75-250 foot zone where 34.82 percent exists,32.50 percent is proposed,and 25 percent is the maximum allowed. The existing first floor would be removed and replaced by a level with 9-foot ceilings and a gable roof with dormers. There would be living space under the roof. Peak height would increase from about 13 feet to 32 feet,defined height from 13 feet to 30 feet. A 744 square foot addition would be placed on the east side of the house. It would contain three garage stalls with living space above. The level of the new garage floor would be halfway between the existing lower level and first floor level. The main entry would be relocated from the south wall to the east wall of the house and a 48 square foot entry porch added. A 120 square foot deck would also be added. The existing house and the proposed additions are forward of the average lakeshore setback. Most of the existing house is within the 75-foot lake setback. The proposed deck is within the lake setback. The additional story is partially within the lake setback. The proposed garage addition and entry porch are not in the lake setback. Hardcover in the 75-250 foot zone is currently 25.44 percent,which is all nonconforming. The proposed deck would add 120 square feet of structural hardcover. Removal of 55 square feet of non-structural hardcover is proposed in conjunction with relocation of the entry. Hardcover in the 75-250 foot zone is currently 34.82 percent. The entry porch and approximately 60 square feet of the garage addition would convert square feet of non-hardcover to structural hardcover. The sidewalk to the entry porch would add 49 square feet of non-structural hardcover. The remainder of the garage addition would be converted to non-hardcover to result in a 250 square foot reduction in hardcover in this zone. A variance is required to relocate or change the nature of non-conforming hardcover. , The Planning Commission should consider issues relating structural coverage,lakeshore setback, average lakeshore setback, and hardcover. � Planning Staff recommends the following: , 1. Denial of the structural coverage variance. ; 2. Denial of the lakeshore and average lakeshore setback and hardcover variances to allow the deck. 3. Approval of a hardcover variance for the retaining wall in the 0-75 foot zone only to the extent necessary after shifting the third garage stall east six feet and increasing the slope of the ramp area as much as is reasonable. , 4. Approval of the lakeshore and average lakeshore setback variances as well as the changes in the location and nature of nonconforming hardcover in the 75-250 foot zone to allow the garage, entry porch and half story additions. � Staff further recommends the following conditions on the variances: � � i I PAGE 8 i MINUTES OF THE ORONO PLANNING COMMISSION MEETING July 20,2009 6:30 o'clock p.m. (#09-3417 STEPHEN&SUSAN MOSELEY, 1635 BOHNS POINT ROAD,CONTINUED) 1. The significant trees on the property being protected by a covenant. � 2. The new main level and half-story being constructed on the existing foundation and lower level walls. ' 3. No increase in storm water runoff rate to the property to the north. � Moseley stated the house was built in 1949 and is one of the original houses on Bohns Point but needs to be upgraded. The property has a number of old trees that add to the character of the neighborhood. They would like to upgrade the house by adding an upper level and garage,which would also enhance the neighborhood. , � Moseley noted she did receive a letter from Planner Turner regarding the deck and a variance being required. Their architect is proposing to remove a portion of the driveway and a stoop area,which would reduce the hardcover by 293 square feet. I Kempf noted there is a difference between structural coverage and hardcover. Curtis stated a property owner is allowed 15 percent structural coverage and that Planner Turner's analysis found that the deck was above a certain grade,which requires it to be considered as structural coverage and requires a variance. ' i Moseley stated the deck does not access the kitchen and was constructed to help accommodate a fireplace that was added. Moseley asked if the deck is added by the stoop,whether that would require a structural variance. Curtis asked if the deck would require a railing. ; Moseley indicated it would not. 'I Curtis stated that type of deck would then not require a structural variance but would be counted as hardcover. Kempf asked the applicant to illustrate the location of the deck that she is now proposing. Moseley indicated the location of the deck on the overhead and stated the deck would ha�e access off of the ldtchen. , Kempf stated that would eliminate the need for a structural coverage variance. � Chair Kempf opened the public hearing at 7:38 p.m. ' There were no public comments regarding this application. j Chair Kempf closed the public hearing at 7:38 p.m. I il i PAGE 9 � MINUTES OF THE � ORONO PLANNING COMIVIISSION MEETING ' July 20,2009 6:30 dclock p.m. (#09-3417 STEPHEN&SUSAN MOSELEY, 1635 BOHNS POINT ROAD,CONTINUED) Kempf noted that Staff has suggested shifting the garage,which would help eliminate a portion of the retaining wall. ' Curtis stated if the garage is shifted forward,then portions of the retaining wall that extend lakeward could be removed. ' Moseley indicated their architect was attempting to break up the garage structure and that the eight feet is not necessary. , Curtis commented it would be aesthetically pleasing to break up the three garage stalls and that eight feet is a considerable break. Kempf noted the Planner's report states that pervious paving is not an option and asked what area that is referring to. Curtis stated she does not lmow what that is referring to exactly but that it is possible it relates to the driveway. Kempf stated his feeling is that whenever a house is constructed within the 0-75 foot zone, every hardcover area should be converted to pervious whenever possible, and that he would make the recommendation that it be pervious materiaL j i Moseley asked what those materials would be. , Kempf indicated pervious materials would help absorb some of the runoff and slow the rate of runoff into the lake. Kempf stated pervious pavers allow the water to soak into the ground rather than go into the lake. Kempf asked whether the applicant has any letters from their neighbors. Moseley stated the neighbor to the north has been out of town and that their lot is fairly well secluded from that property. Moseley indicated if they are allowed to retain the trees,the adj oining properties should not be able to see the structure. , Kempf asked whether the applicants are in favor of a covenant to protect the trees. I� Moseley indicated they are in favor of the covenant. ; Bennett asked whether an evaluation has been done on the health of the trees. Bennett recommended the trees be protected during construction and expressed concern that the trees could possibly die as a result of the construction. Moseley stated in her view the pine trees are not the more valuable trees and that the hardwood trees are the ones they would like to protect. Bennett indicated she is concerned about both the evergreens and the hardwood trees. ' � PAGE 10 I', �, MINUTES OF THE ORONO PLANNING COMMISSION MEETING ' July 20,2009 � 6:30 o'clock p.m. I � (#09-3417 STEPHEN&SUSAN MOSELEY, 1635 BOHNS POINT ROAD,CONTINUED) i Moseley stated by staying with the current foundation,they should not be disturbing the ground as much. Rice asked whether any hardcover was eliminated as part of this application. ! Moseley stated they are proposing to eliminate a portion of the driveway. The stone walkway is existing and serves as an access to the lake. ; Curtis illustrated the walkway on the overhead. Curtis asked whether they could walk on the grass to access the lake. � Moseley indicated there is a definite difference in the elevation in that area and that the stone walkway consists of some one-foot wide stones set in the ground and is not a full sidewalk. ' Curtis illustrated some photographs of the property. Curtis stated some of the stairs are necessary to access the lake but that in her view a portion of the walkway may not be. ' Bennett stated she has some concern given the home being located entirely in the 0-75 foot zone and that she does not feel it is in the best interests of preservation of the lake to increase the hardcover in that zone. Bennett stated she would like to see as much as possible being done with this project to help with the runoff. Bennett stated in her view a three car garage is not a necessity given the close proximity to the lake. � Kempf stated he takes into consideration the character of the neighborhood and that the existing house does not fit in with the rest of the neighborhood. Kempf stated the current house is basically a cabin. Bennett stated she does not feel that a two-car garage and a smaller house would be a hardship. Bennett noted that the branches of the trees would also be in the way of the construction and would need to be trimmed back. Moseley stated it may appear that way from the photographs but that the limbs do not hang over the house. Moseley pointed out they are proposing a half-story. Given the value of the land, a three-car garage would not be considered a luxury. , Leskinen noted the bulk of the addition is being constructed over current hardcover consisting of the driveway, and that her impression of the design that is being proposed is well done in terms of upgrading the home to meet the other homes in the neighborhood without razing the existing house and starting over. Bennett stated in her opinion there could be other options considered. ; � Rice indicated she is in agreement with the comments of Commissioner Bennett given the location of the house in the 0-75 foot zone. Curtis stated the addition would be located within the average lakeshore setback. , ' t i PAGE 11 � MINUTES OF THE ORONO PLANNING COMMISSION MEETING � July 20,2009 , 6:30 o'clock p.m. � (#09-3417 STEPHEN&SUSAN MOSELEY, 1635 BOHNS POINT ROAD,CONTINUED) Kempf commented he understands the concerns of Commissioners Bennett and Rice but that given the character of the rest of the neighborhood,this house is not excessive. ' Schoenzeit noted the addition is not located on the lakeside of the home and that in his view the proposed addition is reasonable given the neighborhood. ' Bennett stated given the mass of the proposed structure versus what currently exists, changes could be made to bring the structure more into compliance. ; Kempf concurred the overhang is very close to the lakeshore. Kempf moved,Schoenzeit seconded,to recommend approval of Application 309-3417,Stephen and Susan Moseley, 1635 Bohns Point Road,granting of a variance to the average lakeshore setback and a variance to the lakeshore setback,subject to relocating the garage stall to eliminate a portion of the retaining wall,elimination of the lower deck,require pervious paving for all sidewalk and patio hardcover wherever possible,and to require a covenant be put into place to protect the elusting trees. VOTE: Ayes 4,Nays 3,Bennett,Rice,and Kang opposed. Kang indicated she was not in favor of the application given the close location of the structure to the lake and the negative impact it would have on the lake. Kang encouraged the applicants to reduce the hardcover and structural coverage as much as possible. i 5. 09-3418 DENI�TIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP,LLC,3421- 3425 SHORELINE DRIVE,COMIVIERCIAL SITE PLAN WITH VARIANCES,8:03 P.M.—9:21 P.M. Dennis Batty,Architect, and Irfan Habib,Property Owner,was present. , Curtis noted this application appeared before the Planning Commission previously as a concept plan. The applicant is requesting approval of their proposal to enlarge the existing commercial building with additions to each end. The request includes several variances. ', Staff notes this applicant has not changed from the concept application and that it is Staff's feeling that what is being proposed is simply too much for this site. There is no space for adequate parking or landscaping. If there are not enough parking spaces,customers will park in the 3465 Shoreline Drive parlcing lot,on Kelly Avenue, and/or in the Lund's parking lot. The pavement of Kelly Avenue is only 28 feet wide,not wide enough for on-street parking. There may be congestion as drivers look for a parking space. Eventually businesses may move or close if the parldng is inadequate. The site plan shows a deficiency of 23 parldng spaces. '� Landscaping, especially adjacent to a street,is important to creating an attractive commercial area. Trees, in particular,have many environmental benefits. Not only do they provide shade,filter the air, and buffer noise, a recent innovation is to have the runoff from parking areas flow into landscaped areas planted with trees. The landscaping, especially the trees, absorbs the runoff. The majority of the proposed landscaped areas are minimal and are too small to sustain the plant materials for any length of time.' I PAGE 12 � MINUTES OF THE ORONO PLANNING COMNIISSION MEETING July 20,2009 6:30 o'clock p.m. � (#09-3418 DENIVIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP,CONTINUED) � A setback of 29 feet from Kelly Avenue right-of-way is proposed for the east addition. The required setback is 35 feet. A setback of 0 feet from the west property line is proposed for the upper level of the west addition when the required setback is 35 feet. i Setback variances are requested for both parking lot expansions. The new portion of the�upper parldng lot would be located 4.16 feet from the right-of-way of Shoreline Drive and 3.5 feet from the right-of-way of Kelly Avenue. Code requires a 10-foot setback from Shoreline Drive and a 20-foot setback from Kelly Avenue. The new portion of the lower parking area would be 8.42 feet from the south properiy line when the code would require a 15-foot setback. It would be 15 feet from the right-of-way of Kelly Avenue when a 20-foot setback is required. If the Commission is satisfied with the proposal or the applicant is amenable to making it satisfactory,the Planning Commission should give the applicant direction and table consideration of the application until the grading plan and drainage calculations have been received and found satisfactory by the City Engineer and the revised plans submitted. If the Commission is not satisfied with the proposal and the applicant is not amenable to making changes, the Commission should make a recommendation for denial. The applicant could then choose to have the City Council consider the proposal with or without the grading plan and drainage calculations. Batty stated they were just recently notified that the City Engineer is requesting additional information on the runoff calculations and that they have worked out what they feel is a satisfactory arrangement with the drainage. Prior to the design of the drainage,they were informed that the entire gravel parking lot would be considered as hardcover. Their engineer has determined that the amount of runoff is very minimal. Batty indicated he has had a number of conversations with Planner Turner and that a number of the issues raised in the report were not brought up in their discussions and that he would be interested in lmowing which landscaped areas are considered small. They are proposing a number of landscaped areas along Kelly Avenue,which in their estimation would support both shrubs and trees. They are more than willing to look at increasing the landscaped areas but are somewhat limited due to the existing building. Batty noted the city of Orono does not have exact landscape requirements for the amount of square feet of the building and that the lack of that type of language has made it difficult to understand exactly what the City is looking for. �I Batty stated he has had a number of neighborhood meetings concerning this proposal and that they have attempted to address their concerns as much as possible. Batty stated he understands they are pushing the limit on structural and hardcover but that it is necessary in order to make the structure economically feasible. ' Habib stated he would like to lrnow the long-term vision for Orono and that he would like to be a part of the Orono community. Habib stated he understands the parking in this area is a concern and that he could expand the parking by approximately eight stalls if he removes some trees but that he would like to retain the trees if at all possible. , � Kempf asked if the trees are located on the lower level by Kelly Avenue. �� PAGE 13 I MINUTES OF THE ORONO PLANNING COMMISSION MEETING ; July 20,2009 i 6:30 o'clock p.m. � (#09-3418 DENrTIS BATTY ON BEAALF OF BROOK INVESTMENT GROUP,CONTINU�D) Habib indicated they are. As part of any project,a cost analysis has been completed, and that given the current condition of the structure,the property needs to be upgraded,which he would like to do. The 5000 square foot addition is based on a cost analysis of what it would take to allow the building to survive. Habib noted the taxes in Minnesota are high and that they are forced to maximize the property as much as possible in order to make a profit on the building. Habib stated he realizes the noise in the area will likely increase with this project but that he is here to obtain the direction of the Planning Commission on his application. i Kempf commented the Planning Commission cannot simply take the economic factors into consideration and that they must consider a number of other factors. '�, Batty pointed out the location of the trees that they would like to preserve. I Kempf noted the Planning Commission does have a color depiction showing a minimal amount of trees on the site and asked whether there are additional trees on the property. � Batty indicated that drawing is only illustrating the trees they are proposing. � Chair Kempf opened the public hearing at 8:21 p.m. Sylvia Bertagnoli,2499 Kelly Avenue, stated they were not shown the plan that is currently before the Planning Commission and that the walkway in the back and steps have been added. i Habib stated the reason the walkway was added is to provide extra access for the liquor store in the event of a fire. Habib stated the walkway was basically the only thing that was added from the plan that was shown to the neighbors. Bertagnoli commented the neighbors are attempting to work with the applicant but that this is not the plan that they were shown. Bertagnoli stated three of the residents that live in the area are retired and are planning to live there the rest of their lives. Bertagnoli stated the location of the lower dumpster was also not depicted. , Batty stated the lower dumpster is in the same location as originally proposed. I I Bertagnoli stated she is confusing the location of the dumpster with the bowling alley. Bertagnoli indicated the applicant has promised them that the 25 trees would not be removed since the trees make up a sound barrier and a sight barrier for the neighbors. Bertagnoli asked whether the trees could be preserved and still accomplish the drainage. Habib stated there were four trees proposed to be removed to help with the parking. Bertagnoli stated she would like to see the trees remain and a limited amount of lighting on the site. Sandy Lindgren,2501 Kelly Avenue, stated protecting and preserving the trees is important to the neighbors but that they also have a concern with the limited amount of parlcing available.' Lindgren noted PAGE 14 i MINUTES OF THE � ORONO PLANIVING COMIVIISSION MEETING � July 20,2009 ; 6:30 o'clock p.m. , (#09-3418 DENIVIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP,CONTINUED) Kelly Avenue does not allow on sireet parlcing,which could result in motorists turning down their road and turning around. � Lindgren expressed a concern with the increased amount of traffic on County Road 15 that could result from this project. Lindgren indicated she has almost been hit twice by cars exiting Lund's,and that this project will only increase the traffic in the area. i Lindgren noted that her husband did send an e-mail to the City today, and asked whether that was available. ' � Batty noted Planner Turner did forward a copy of the e-mail to him. ' Kempf stated the letter is from Brent Lindgren,2501 Kelly Avenue, and basically states that this application does not address the increased traffic,water quality issues,proposed loss of trees and green space. The developer has failed to address the lighting issues with the bowling alley and that they have concerns with them addressing the issues with this application. Mr.Lindgren also expressed concerns with the appearance of the building and increased noise. He agrees with the recommendations of Staff and feels the application should be denied. Dick Edwards,2480 Carman Stxeet, stated they were thanldul when the old bowling alley ceased operations since it eliminated some of the problems they have experienced with this property. The biggest issue relates to the noise that would be generated by the increased traffic and patrons coming to the site. Edwards stated he would also like to see the trees remain. I Chuck Nadler,2509 Kelly Avenue, stated in his view the applicant has attempted to do his best to design a building to fit this piece of property but that he has a concern given the size of the proposed building and the number of variances that are being requested. Nadler indicated his major concern deals with the traffic flow and that the traffic flow in this area is already difficult given the layout of the streets,which will only be compounded by the expansion of this shopping center. Nadler stated whenever he has presented an application to a city,he attempts to address the issues raised by the Planner and that he understands the concerns of the neighbors regarding the trees and landscaping. Nadler stated he would prefer to have less landscaping in order to address the safety issues that exist and recommended that a traffic study be undertaken to ensure that it will be a safe situation. Ward Edwards, 2474 Carman Street, stated he has resided in this area since 1994,and that he is in agreement with the concerns raised by the neighbors. Edwards stated the trees are important in shielding the neighbors from the noise and lights that will be generated from the property. Edwards also expressed a concern with patrons drinldng on the property. ; Batty stated the stairway connecting the two levels was incorporated based on the request of City Staff, and that in working with the City Engineer,it appears that the retaining walls could be eliminated at the southeast corner of the property. With the elimination of the retaining walls,additional landscaping could be incorporated into the plan. As it relates to the monument sign,the position of the sign is dictated by the City's ordinance and they are limited in where it can be located. They do not feel the sign will have a i �,i i PAGE 15 ' i i MINUTES OF THE '� ORONO PLANNING COMMISSION MEETING � " July 20,2009 6:30 o'clock p.m. ! (#09-3418 DENIVIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP,CONTINUED) significant impact to the neighbors. A limited number of trees were proposed for the corner due to safety issues and that they are proposing a number of shrubs instead. Kempf asked how deliveries are made to each of the current tenants. Batty illustrated the proposed site plan for the property. Batty pointed out the location of the dumpsters and the turning radius that is required for delivery trucks. As it relates to deliveries,the deliveries to NAPA would be at the rear of the building as well as the liquor store. Curtis stated typically with beer deliveries,it could be up to an hour or longer to unload. The owner of the liquor store stated that it typically would not be that long except for perhaps once or twice in the summer. Kempf noted there is the potential that some of the cars would be trapped by the delivery trucks and that customers to this site would eventually get tired of some of the issues they will encounter and eventually quit patronizing the businesses. ' Batty indicated they do not lrnow what type of tenants they will get. Kempf stated if the deliveries could be made more convenient,that may help attxact tenants. Bariy noted they did conduct traffic counts of the existing businesses and that they are extremely light and well below what is allowed even at peak times. Batty pointed out the delivery area for the liquor store. The location of the post office will be shifted slightly,which will open up a delivery corridor for the liquor store. , Batty stated the topography of the site also works against them. Batty stated they are also designing a fire exit from the back in order to correct a code violation. That exit will not be a public access. Schoenzeit stated in his opinion the proposal is simply too large for the amount of property that exists, � and that if there is any hope to make a profit off of this site,it may be necessary to raze the property and start over. Schoenzeit encouraged the applicants look at all their options for this property. Batty stated as it relates to building setbacks and site coverage,those are only being changed slightly. The number of parking spaces has been increased slightly since January. I Schoenzeit stated it appears that the site coverage is almost being doubled and that he is unsure where the applicant is obtaining his numbers from. ', Curtis stated it currently is 13,007 square feet and it is being increased to over 19,000 square feet. Curtis stated they are looking at the footprint of the building for the entire site. Batty concurred they are increasing the footprint to around 19,000 square feet. i' PAGE 16 MINUTES OF THE I ORONO PLANIVING COMMISSION MEETING ; July 20,2009 i 6:30 o'clock p.m. � (#09-3418 DENI�TIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP,CONTINUED) Kempf concurred that the proposal is too much for this site and that it simply does not work. Kempf noted the parking is very limited and forces pah�ons to park on the lower level. Kempf expressed concern that the customers are not going to want to park down below and go up a stairway in order to do business at one of the stores located on the upper level. ' Batty stated the potential tenants for this location would not have heavy parking demands. Kempf noted the City of Orono has spent a considerable amount of money to come up with a long-term development plan for Navarre and that this area is really not that desirable for retail given the amount of traffic and limited parlcing. Kempf stated this project only compounds those issues. Kempf stated he does not have an issue with the 2800 square foot addition if the problems with deliveries can be resolved. Bennett stated in her view this proposal is not what the City would like to see for Navarre and that she would like to see a building that is more architecturally appealing. Bennett suggested the applicants consider a two-story building. Habib stated the reason for the 5000 square foot addition relates to a cost analysis that they did and a study of the existing businesses. Habib stated he would like to gain some additional parking but he was requested by the neighbors that he not construct a two-story building. Habib stated the 2800 square foot addition will not be sufficient to make a go of the property and that it is likely the shopping center will be totally empty in a couple of years if improvements are not made. . + Habib requested the Planning Commission provide some direction on the size of addition they would be willing to approve. Habib stated he would like to work with the neighbors and that the e-mail received by the City does hurt his feelings regarding the lights. Habib indicated Xcel visited the property four times to address the lighting situation. In addition,he hired his own electrician to address the issues but that the work was not done to his standards. Habib stated he has requested the neighbors tell him exactly where the lights should be placed and that he is agreeable to erecting the lights and paying for it but that he does not want to hear further complaints about the lights after that. Bennett stated she did not realize that there was input from the community concerning a second-story and that it was just an option that she thought should be considered to allow for additional parking. Bennett stated there are some issues in the site plan that she is not comfortable with and that it is difficult for her to give an exact square footage that she would be willing to approve since she is unsure about the parlcing and the traffic. I Schoenzeit stated if the applicant wants to make an investment in this property,he may want to consider a rebuild in order to consolidate the parking and address some of the other issues. Kempf indicated he is in agreement with Commissioner Schoenzeit and that he has a difficult time providing direction for this property given the number of issues that have to be addressed,such as the parking, delivery,and traffic flow. Kempf stated he would like to see a plan for deliveries,parking, and landscaping,but that he would not be able to give the applicant specifics on what he should do. � � i i PAGE 17 � ; I 1VIINUTES OF THE ORONO PLANNING COMMISSION MEETING I July 20,2009 � 6:30 o'clock p.m. (#09-3418 DENI�IIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP,CONTINUED) Habib stated he understands that parking is an issue but that he would like some tangible direction from the Planning Commission. Habib stated if the site is not improved,it is very likely there will be no tenants in the building a few years from now. Schoenzeit stated in his view this site is already broken and that so far any proposal has aggravated the problems rather than solving the problems. Habib stated he is willing to drop the project if that is what the City desires for this property. Bennett stated she understands the difficult situation Mr.Habib is in and that any recommendation she makes may be objected to by the neighbors or others. Kempf stated to his recollection the City discussed the fact that they would prefer not to have two-story buildings in Navarre,but that given the size of the lot,it appears that they may need to build up rather than out. Bennett commented this lot also needs more green space. Kempf stated he is unable to provide the applicant with a solution and that even if the proposed addition is cut in half,that does not mean all the issues with parldng,deliveries, and traffic are resolved. Bennett commented this is a difficult lot to work with. Schwingler concurred that it is difficult to provide specific direction given the number of issues and how it would fit into the City's vision for Navane. Bennett asked whether a special task force could be set up to look at Navarre. Kempf stated the Planning Commission could make a motion denying the project and that the applicant could then bring their application before the City Council,who could provide more specific direction for this property. Kempf noted it appears the Planning Commission is not in favor of this application. Habib commented it is difficult to balance the needs of the business with the needs of the neighbors and the City. Kempf stated the Planning Commission cannot provide specific direction on the size of the addition but that whatever is proposed for this site will need to address deliveries,parking,traffic,landscaping, and hardcover. Kempf stated the Planning Commission can either make a motion denying the application or table the application. Bennett moved,Kang seconded,to recommend denial of Application#09-3418,Dennis Batty on behalf of Brook Investment Group,LLC,3421-3425 Shoreline Drive,Commercial Site Plan,with the understanding that the applicant will ask the City Council for direction on their application. VOTE: Ayes 7,Nays 0. PAGE 18 MINUTES OF TAE ORONO PLANNING COMMISSION MEETING July 20,2009 6:30 o'clock p.m. (#09-3418 DENIVIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP,CONTINUED) Nadler commented that in his view the area of Navarre has lacked vision since the early 1990s and that even after a number of public comments and input from the residents on a vision for this area,nothing has been done. Nadler encouraged the City to start doing something with the Navarre area immediately. Nadler stated this shopping center is half vacant along with the shopping center across the street and that something needs to be done to revitalize the area. Bennett encouraged Mr.Nadler to contact the City Council and express his views. Dick Edwards indicated he is in agreement with Mr.Nadler. PLANNING COMIVIISSION COMMENTS 6. REPORT OF PLANIVING COMMISSION REPRESENTATIVES ATTENDING COUNCIL METINGS JUNE 22,2009,AND JiTLY 13,2009 Schoenzeit reported on the June 22,2009,City Council meeting and stated that a majority of the items were placed on the Consent Agenda. A public hearing was held regarding the Myrtlewood sewer and water improvements and the assessments. The Montessori School also requested a reduced assessment given the fact that they use less water than a typical business would but the City Council denied that request. In addition,the City Council heard a report from the auditors regarding the financial books of the City and that they have recommended additional internal controls be implemented. The City has a very healthy financial picture overall,with approximately 22 months of reserves. Kang reported on the July 13,2009,City Council meeting and stated a majority of the planning applications were placed on the Consent Agenda. A discussion was had regarding new signage along the new Highway 12 corridor,which will be erected in the spring. Kang stated she has heard from a number of the local business owners on how the new corridor has negatively impacted the businesses in the downtown area. Council Member Franchot reported that Mn/DOT will be doing the milling and overlay work from County Road 6 to the Montessori School with the exception of the portion of the road that has already been completed. 7. OTHER ISSUES FOR DISCUSSION Kempf noted the City's procedure on an application is that the decision to table an application should be made by the applicant. Schoenzeit thanked the Staff for arranging the tour of the City. Curtis stated it is Staff's desire to schedule tours of different parts of the City on a more frequent basis. PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING July 20,2009 6:30 o'clock p.m. 8. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON JULY 27,2009,AND AUGUST 10,2009 July 27, 2009—Leskinen August 10,2009-Rice ADJOURNMENT Bennett moved, Schwingler seconded,to adjourn the Orono Planning Commission meeting at 9:42 p.m. VOTE: Ayes 7,Nays � Ra ph Kempf,Chair � PAGE 20