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HomeMy WebLinkAbout09/21/2009 Planning Commission Minutes , r . . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 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 Ralph Kempf,Denise Leskinen,Loren Schoenzeit, and Jon Schwingler. Representing Staff were Assistant City Administrator for Long-Term Strategy Michael Gaffron,Planning and Zoning Coordinator Melanie Curtis and Recorder Jackie Young. Council Member James Murphy was present. Chair Kempf called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Schoenzeit moved,Leskinen seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5,Nays 0. NEW BUSINESS 2. #09-3411 DAVID FOX ON BEHALF OF BILL FOX TRUSTEE, 1095 FERNDALE ROAD,VARIANCE AND CONDITIONAL USE PERMIT,6:34 P.M.—6:49 P.M. David Fox,Applicant,was present along with Bill Fox and Darrin Schmidt,Contractor. Curtis noted this application was heard at the August 17`�'Planning Commission meeting and was tabled to allow the applicant to revise his plans in order to reduce the hardcover level and to locate the residence further out of the average lakeshore setback. The applicant is requesting a conditional use permit in order to rearrange the floodplain on the property to allow him to build a replacement residence. The applicant is requesting variances to lot area,lot width,lakeshore setback, average lakeshore setback, and hardcover within the 0-75 foot zone. The applicants have revised their plans to reduce the proposed footprint of the home, eliminating the floodplain setback encroachment reducing the average lakeshore setback encroachment,as well as reducing the proposed hardcover within the 0-75 foot zone. In addition,the applicant is proposing the home extend 35 feet into the average lakeshore setback,which is an improvement of five feet from the previous plan. The existing home on the property extends 75 feet into the average lakeshore setback. The home is proposed to now be located approximately 40 feet from the lake. � Hardcover has also been reduced,with the applicant proposing 16.2 percent hardcover in the 0-75 foot zone and 18.15 percent in the 75-250 foot zone,which is a slight increase from the Planning Staff recommends the Commission discuss whether native buffers should be required in conjunction with this project along the newly created floodplain areas or sections of the lakeshore without rip rap as well as whether or not use of permeable surface for the new driveway and hardcover surfaces is appropriate. Planning Staff recommends approval with the following conditions: 1. The house siding,trim and shingles should be dark colors in order to reduce the visible impact of the house, especially as viewed from the lake. ' Page 1 , , MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 . 6:30 o'clock p.m. � � 2. Provision of mitigation measures,including: native buffer areas to be incorporated where appropriate and patio and sidewalks to be constructed using pervious pavers. Darrin Schmidt, Contractor, stated they have reduced the square footage of the house and reduced the patio. The angle of the house and garage has been changed,which has reduced the massing appearance from the lake. In addition,the corners of the house have been clipped on the west side of the house to help with the views. Acting Chair Kang opened the public hearing at 6:38 p.m. There were no public comments regarding this application. Acting Chair Kang closed the public hearing at 6:38 p.m. Kempf stated in his view the applicants have responded quite well to the direction given by the Planning Commission at the last meeting and that he is agreeable with the recommendations of Staff. Kempf commented that it is likely the Planning Commission will require use of pervious pavers for the patio and sidewalks and asked whether Staff has any guidelines that it would like the applicant to follow. Curtis stated the City does not have any specifications per se but that the manufacturers of the pervious products typically provide specifications. Kempf noted he attended a home improvement show where there was a driveway constructed out of pervious pavers that also incorporated a water runoff area underneath the rock. Kempf stated if the City were to adopt such standards,it might help address runoff issues in certain situations. Gaffron stated he is in agreement with Commissioner Kempf and that he would like the City Engineer to look at pervious products to see whether the City should establish some basic standards. Gaffron indicated he would like to discuss this issue at the next work session. Kempf noted the other recommendation was to provide native buffer areas and asked whether those would be along the driveway. � Curtis stated she was thinking along the lakeshore and possibly along the driveway. Curtis suggested the City'S wetland specialist review this application to see what particular areas would benefit the most from native buffers. Schoenzeit suggested requiring a buffer plan to be submitted be included in the motion. Kempf asked whether the applicants actually intend to construct this residence. David Fox indicated that they are seeking approval of this plan to help market the lot and to show the purchaser of the property that it is possible to construct on the site. Curtis pointed out the Planning Commission is approving an actual plan and that the Commission should look at this application as if the house were actually going to be built. Curtis stated if any substantial changes are made to the plan,the application would need to come back before the Planning Commission. Page 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. Kempf indicated he is unsure where the best buffer areas would be and agreed that the City's wetland specialist should look at this application. Kang moved,Leskinen seconded,to recommend approval of Application#09-3411,David Fox on behalf of Bill Fox Trustee, 1095 Ferndale Road,granting of a variance and conditional use permit subject to the recommendations of Staff and further subject to the submittal of a buffer plan for review and approval by the City Engineer. VOTE: Ayes 5,Nays 0. 3. #09-3422 RICHARD AND LEESA ANDERSON,3205 CRYSTAL BAY ROAD, VARIANCES,6:50 P.M.—7:38 P.M. Richard and Leesa Anderson,Applicants,were present, along with Jim Morris,Builder. Curtis noted this application appeared before the Planning Commission at its August meeting and was tabled to allow the applicants time to incorporate the hardcover removals and calculations on their plans. The Commission also recommended the applicants reduce the amount of proposed hardcover and to prepare a storm water plan and calculations. The applicants are requesting hardcover variances and a side yard setback variance in order to construct a 20' x 26' two-story living space addition to the existing home with a 0' setback from the side lot line where a 10-foot setback is required as well as construct a roof over a deck which would be 6.4 feet from the side lot line where a 10-foot setback is required. The applicants are now requesting a 75-250 foot zone hardcover variance to allow 34.85 percent hardcover where 25 percent is allowed and 44.4 percent currently exists. They are also requesting a hardcover variance in the 0-75 feet zone for 21.5 percent hardcover where 0 percent is allowed and 22.6 percent currently exists. The property contains a great deal of landscaping,patios,parking areas, pathways,walls and structures. It is Staff's view that there is still a considerable amount of hardcover on the property. Neither the two-story living space addition nor the porch addition meet the required 10-foot side setback requirement on their respective sides of the home. The applicants have also submitted a storm water plan and calculations. The porch is proposed to be set back 6.4 feet from the western side lot line and the living space addition is proposed at a 0' setback from the eastern side lot line,which is also the municipal boundary between the two cities and functionally the middle of the property as it is has historically been used. The Planning Commission should consider the following: 1. Are there other storm water solutions available to protect the applicants' home from storm water such as rain gardens,vegetative swales, or infiltration beds? 2. Are the proposed infiltration areas an effort to make up for the excess hardcover rather than managing the storm water? Page 3 NIINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 � 6:30 o'clock p.m. 3. Considering the setback variance and the resulting/proposed 22 feet separation between the proposed covered porch and the neighboring home is the proposed access to light,air, and open space reasonable? Planning Staff recommends approval of the setback variances,including approving the illegal deck,but continues to feel that there is too much hardcover proposed. Morris stated the biggest issue is the fact that many of the landscaping areas help with the drainage and water runoff. The rock area adjacent to the home serves as a collection area and helps to keep the water from entering the residence. By utilizing the existing system consisting of the pond and the piping,they are able to divert the water away from the residence. The main home also consists of multiple structures as well as a detached garage,which necessitates the need for walkways to each of the structures and results in higher hardcover. Morris noted this layout has existed since the early 1950s. They have attempted to reduce the size of the patios and combine walkways in an effort to reduce hardcover. The hardcover has been reduced to 34.8 percent. Acting Chair Kang opened the public hearing at 6:58 p.m. There were no public comments regarding this application. Acting Chair Kang closed the public hearing at 6:58 p.m. Kang concurred that there are a number of different walkways and that the lot does have a considerable amount of hardcover. Kang noted she does appreciate the steps being taken by the applicants to reduce the hardcover. Kempf indicated he is in agreement with the comments of Commissioner Kang and that the applicant is going in the right direction by reducing the hardcover. Kempf stated the large gravel parking area near the stxeet and the hardcover near the alley offers a fair amount of parking and that those areas could perhaps be reduced. Kempf stated the water from the back of the lot is diverted to two drainage areas and then to the lake or across the gravel parking area. Kempf stated in his view the gravel area is an ideal spot for pervious pavers with a two foot reservoir below it. Kang asked whether there are other areas that could be constructed out of pervious pavers. Curtis indicated that in her view there are other areas that could utilize pervious pavers but that she is not an engineer and would need to get the input of the City Engineer prior to recommending specific areas. Kempf recommended the use of pervious pavers be explored further by the applicants. Leskinen asked whether the landscaping plan depicts what will remain. Morris stated the landscaping plan does depict what will be constructed and/or removed. Leesa Anderson noted they have not depicted every hardcover area on the landscape plan. Page 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21,2009 6:30 o'clock p.m. Leskinen commented there is a substantial amount of hardcover on the lot and that she would like to see further reductions made. Leesa Anderson stated the walkways are necessary to prevent people from having to walk through mud and that many of the hardcover areas existed at the time they purchased the property except for the pond and walkway,which have been added. Leskinen stated she would like to see a plan that depicts exactly what will be on the property. Richard Anderson stated the hardcover calculations note exactly what the hardcover will be and that they are willing to submit a survey after the work has been completed. Anderson noted their property is located higher up than the adjoining property and that a lot of what is on their property also helps prevent runoff to the neighboring properties. Anderson pointed out they did not experience any water problems until the road was improved and the trail was constructed. The catch basin in the back helps catch the water from the trail and also the runoff from the water hydrant. Anderson stated they have been forced over the years to deal with the runoff and that there typically is not runoff that is diverted to the lake unless they experience a 2 or 3 inch rain. Kempf stated there are a number of drainage issues with this lot and that this lot is way over on hardcover. Anderson stated they have reduced the hardcover considerably with their proposal. Kang commented the Planning Commission needs to look at all of their options but that they do not want to remove things that work. Schoenzeit asked whether the applicants want to retain the hardcover because it is necessary or because it is existing. Anderson stated in his opinion the hardcover is necessary and that they have re-landscaped the back of their yard to deal with the runoff from the trail. Kempf asked whether the City has received any comment from the neighbor. Curtis indicated they have not. Kempf moved to recommend approval of Application#09-3422,Richard and Leesa Anderson,3205 Crystal Bay Road,granting of setback variances,to allow the illegal deck,and approve the hardcover as adjusted with the gravel parking area at Crystal Bay Road and the walkway from the house to the gravel area be incorporated into the drainage system consisting of pervious paving material and a water capacity area being incorporated underneath the parking area. Schoenzeit asked whether the applicant is interested in that. Leesa Anderson indicated their neighborhood has a number of properties that have substantial amounts of hardcover, along with parking areas,and that they have explored the possibility of paving their driveway with pervious pavers. Anderson noted the City of Mound does not consider pervious pavers to be Page 5 MINUTES OF THE ORONO PLANIVING COMMISSION MEETING Monday, September 21,2009 6:30 o'clock p.m. hardcover like Orono and that the cost to do the gravel parking area in pervious pavers would be extremely high and that in her view they cannot afford to do that. Kempf commented the parking area is not aesthetically pleasing near the lake. Leesa Anderson stated the road is not a standard size road and that the parking areas help with the flow of traffic on the roadway. Approximately four cars can be parked in that area. Kempf noted this properiy also has a large garage. Kempf suggested the applicants consider reducing the size of the gravel parking area. Morris asked whether the Planning Commission would be in favor of a gutter system. Kempf stated he would leave his motion as is. Schoenzeit stated the Planning Commission as part of any application looks at the property overall and what steps can be taken by the applicant to reduce the hardcover. Leesa Anderson stated it was recommended at the last meeting that the hardcover be reduced below 35 percent,which is what they did, and now they are being told something else. Kang stated the Commission looks at the applications on an individual basis and that the Commission needs to look at all possible options. Leesa Anderson stated one other option would be to petition the city to install a storm water drain in their area,which is costly, and that they have attempted to handle it on their own. Anderson noted that runoff never goes across the parking area. Kang commented the Planning Commission does appreciate the steps the applicants have taken to handle the water runoff and that they are looking at any other possible solutions that can be reached to deal with the hardcover. Kang stated one option could be reducing the width of the walkways. Leesa Anderson stated the walkways consist of limestone with dirt in between them and that the walkways are three feet wide. Leslcinen noted the wood sidewalk is being eliminated and asked whether that walkway will be replaced. Leesa Anderson stated they are constructing the new walkway out of pervious pavers. Schoenzeit commented that safety also has to be taken into consideration as people come around that corner. Schwingler noted he was not in attendance at the last meeting and that the minutes reflect that the main issue was the amount of hardcover,with the goal to reduce it below 35 percent. Schwingler commented this is a difficult property to work with. Kempf withdrew his motion. Page 6 MINUTES OF THE ORONO PLAN1vING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. Schoenzeit stated he would like to see any new hardcover areas be constructed out of pervious materials and that the existing hardcover areas could be left as is. Schwingler stated the goal of the Planning Commission is to look at the future and the possible impact the hardcover could have on the area. Anderson noted they are below 35 percent hardcover,which was what they believed was the direction of the Planning Commission at the last meeting. Kang stated the Planning Commission will continue to look at ways to reduce the hardcover even on applications that come back before the Commission. Schoenzeit moved,Schwingler seconded,to recommend approval of Application#09-3422,Richard and Leesa Anderson,3205 Crystal Bay Road,granting of setback variances subject to Staff s recommendations and to require that all new hardcover areas be constructed out of the most water friendly materials available provided it is not cost prohibitive. Kempf stated he would object to cost considerations being allowed. Schoenzeit stated he feels the City should limit the cost to a certain percentage over standard materials. VOTE: Ayes 4,Nays 1,Kempf Opposed. Anderson stated he would like to have a unanimous vote and asked whether Commissioner Kempf is simply opposed to it based on the cost consideration being included in the motion. Kempf indicated that is one reason why he was opposed to the motion. Kang noted the City Council will have the minutes to review and are the final authority on the application. 4. #09-3423 HARVEST MOON NATURAL FOODS CO-OP,2380 WAYZATA BOULEVARD WEST,PUD AMENDMENT/VARIANCE,7:40 P.M.—8:05 P.M. Curtis stated the applicant is requesting approval of a proposal to occupy the western 9,800 square feet of the existing Otten Brothers'building with a retail grocery store. The request consists of an amendment of PUD No. 1 regarding approved uses and a parking variance. The original PUD for Otten Brothers Nursery was approved in 1990. Within the original PUD agreement were approved uses; all of the B-06 permitted uses,the proposed greenhouse and greenhouse retail use, and a number of permitted uses from the B-01 zoning district were allowed. However,retail food was not one of those permitted uses. Additionally,the Code requires 275 parlcing spaces for the uses on the site. The applicant is requesting a variance to allow 132 parking spaces. The exiting tenants will be relocated and Harvest Moon will modify the 9,800 square feet of retail space for the grocery co-op. Approximately 7,000 square feet will be retail space and 2,800 square feet will be designated as warehouse,prep areas;back room,kitchens and office spaces. According to City Code, Page 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21,2009 6:30 o'clock p.m. retail uses require one parking space for every 150 square feet of retail floor space. Based on this, Harvest Moon requires 47 parking spaces. The building is considered retail with elements of a garden supply store. The retail store portion of the business need 70 parking spaces and the greenhouse portion of the business would require 29 spaces. The outdoor retail space has not been addressed. The Code views all of the retail,warehouse,outdoor sales and storage equally when calculating parldng needs for a garden supply store. Staff has separated out the actual retail pace from what is considered a garden supply store;i.e.,greenhouse and outdoor retail and storage spaces. Therefore,the 30,000 square feet of outdoor retail space directly adjacent to the greenhouse space requires 37 parking spaces and is considered the main outdoor retail space. The outdoor area further east across the driveway would require 92 parking spaces. According to City Code, a total of 275 parking spaces are required for this site. The site currently has parlcing for 132 vehicles. In Staff's view,the 75,000 square foot outdoor storage area is not a primary retail space and would question the reasonableness of requiring 183 parking spaces. The existing main access to the site is located approximately 300 feet north of Wayzata Boulevard and 150 feet south of Kelley Parkway. Staff would recommend the Planning Commission discuss a possible parking shortage in the future and request that Harvest Moon address the shopping cart situation in the parking lot. Planning Staff recommends approval of the parking variance and the amendment to PUD No. 1 to allow retail foods as a permitted use for this site. Staff would further recommend that some sort of tentative plan be worked out regarding future parking needs with this approval. John Riley,Otten Brothers, stated Otten's has a parking lot that is designed to handle their three busiest weekends in May and that the employee parking is relocated to the back to accommodate the extra traffic at those times. Even on the busiest day in May,there is also parking available on the western side of the building. Otten's does not require additional parking and that there are other areas on the lot that could be converted into parking if necessary. At the present time they are looking at approximately 400 to 500 customers per day and that there is an average of 20 customers at a time. Kang asked whether Otten Brothers is open year-round. Riley indicated they are open year-round and that May is their busiest time. Kempf asked where the main entrance would be for Harvest Moon. Riley stated they are undecided at this time but that there are two option available. Acting Chair Kang opened the public hearing at 7:48 p.m. There were no public comments regarding this application. Acting Chair Kang closed the public hearing at 7:48 p.m. Kang indicated she does have a concern regarding access to this site. Page 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. Gaffron stated the existing main access to the site is located approximately 300 feet north of Wayzata Boulevard and 150 feet south of Kelley Parkway. This access location was accepted at the time the Otten site was developed in the early 1990s,but at that time a future public frontage road was also platted eastward along the north boundary of the Otten properiy. That frontage road has never been developed and the City has no plans to develop it at the present time. Gaffron indicated Kelley Parkway was developed as part of Stonebay in 2003. Its intersection with Willow Drive is located directly across from the future Otten frontage road. Stonebay also resulted in a number of changes to the Willow/Wayzata Boulevard intersection, and included provisions for additional turn lanes as well as a"right-in/right-out only"Willow Drive access for Outlot A, Stonebay. The raised concrete median between northbound and southbound Willow extends from Wayzata Boulevard to just south of the current Otten entrance. While this will effectively keep traffic exiting Outlot A onto Willow from turning left to go north,its current configuration also results in awkward and potentially conflicting left-turning movements for northbound Willow to Kelley Parkway and from southbound Willow to the Otten entrance. The most likely solution is to move the Otten access 150 feet north to be directly across from Kelley Parkway. It would require some interior reconfiguration of the Otten site. Retaining Otten's existing access as a right-in-only configuration may be a possibility in conjunction with such a change. Kempf stated access does not sound like it is an integral part of this application and that he did visit the site and watch traffic access the lot. Cars utilize the center turn lane to turn left on Kelley. Gaffron stated there is a turn lane to go left on Kelley but not into Otten's. Kempf stated there is a jog in the road and that the left turn is not designated. Gaffron stated conceptually that does make sense and that as you proceed north,a motorist would need to move towards the median to turn left. Gaffron commented that it is an odd configuration and that the area is not marked well. Gaffron stated in his view a solution could be reached if access becomes an issue. Kempf commented in his view Harvest Moon would be a great asset to the community and would help draw people into the retail area of Long Lake and Orono. Kempf stated this proposal is a great improvement over what was previously proposed and that it fulfills a community need and reflects Orono's values. As it relates to parlcing,if the main entrance is located on the west side of the building,that would help solve the parking problem to some extent during the busier times but would result in some diminished visibility from the highway. Kempf noted it does not appear that Staff feels there is a parking issue on this site. Schwingler noted there are approximately 40 spots on the west side of the building and that in his view parking does not appear to be an issue at this time. Kang asked whether there would be a community room available for the local residents. Michelle Golchek,Harvest Moon, stated that would perhaps be an option in the future but that their main focus at the present time is to get the grocery store open. Page 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. Schoenzeit commented in his view this is a great addition to the community and that if parking does become an issue,it can be addressed at that time. Leskinen stated in her opinion it is an excellent plan and that she does not feel parking will be an issue. Leskinen noted having access off of Highway 12 also helps to keep traffic flowing through the parking lot. Kang asked how deliveries would be handled without disrupting traffic in the parking lot. Golchek stated on the north side of the building there is a loading dock,which is away from where the customers would enter the store. Kang moved,Kempf seconded,to recommend approval of Application#09-3423,Harvest Moon Natural Foods Co-op,2380 Wayzata Boulevard West,granting of an amendment to PUD No. 1 and a parking variance subject to StafPs recommendations. VOTE: Ayes 5,Nays 0. 5. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD,VARIANCES, 8:05 P.M.—8:48 P.M. Michael and Donna Ebertz,Applicants,were present. Curtis stated the applicants are requesting a 75-250 foot zone hardcover variance and a street setback variance in order to construct entrance monuments with a gate on their property. One monument is proposed to be 1-foot off of the lot line and the other is proposed at 12 feet from the lot line. The gate is proposed to be as close as 21 feet to the paved traveled surface of Tonkawa Road. The applicants have constructed entrance monuments for a gate on their property without building permits. They were notified by the building inspector that permits were required and a survey showing the location of the monuments was also required. Upon receipt of the survey, staff noted that one of the monuments was located within the right-of-way of Tonkawa road. When notified of the setback issues, the applicants chose to request a variance for the setback rather than move the monument out of the County right-of-way. In 2007,the applicants went through a variance process in order to construct a new home on the 1.07 acre property. At that time entrance monuments were not considered part of the approved plan nor were they accounted for in the hardcover calculations. The hardcover calculations that were submitted were not prepared by the surveyor and reflect an increase in the area within each zone. Staff finds that the plans must abide by the previous level of hardcover. There is no hardship to grant a hardcover variance as the property is already considerably maxed out on hardcover. Additionally Staff finds that although the location of the entrance monuments may be reasonable considering the distance from the paved County road,the gate setback is not. The purpose for the 40-foot setback from the roadway is to allow for stacking off the roadway when the gate is closed. A truck with a boat trailer pulling into the property would be well into Tonkawa Road with the gate at the proposed location. When a gate is proposed all of the calculations have to assume the gate is closed. Planning Staff recommends the following: Page 10 MINUTES OF TAE ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. 1. Approval of the setback variance for the entrance monuments. 2. Denial of the hardcover variance. 3. Denial of the setback variance to allow the gate. Kempf asked where the 106 square feet of hardcover overage comes from. Curtis stated the numbers on the surveys do not match Ebertz stated they feel their hardcover is within the hardcover limits and that they were approved at 51.7 percent within the 75-250 foot zone. The hardcover approval was a percentage and not actual square footage. The same surveyor has performed the hardcover calculations on both surveys. David Steiner, Contractor,stated they obtained the survey from Gronberg,which contains the hardcover calculations. Curtis noted Gronberg did not sign the hardcover calculation sheet,but that the issue can be clarified by resurveying the property. Ebertz indicated that Crronberg did both surveys,with the most recent survey showing that the properly is within the proposed limits at 50.6 percent,which is 1.1 percent less than what was previously approved. Ebertz stated they also believe they are under on the approved hardcover in the 0-75 foot zone and that the difference comes from calculating it based on a percentage rather than actual square feet. In regard to the proposed gate,the gate is 32 to 35 feet from the paved roadway rather than 21 feet,which allows ample room for any vehicle coming to and from the property to be totally off of Tonkawa Road. Ebertz distributed photographs of the driveway depicting two large SUV vehicles parked in front of the gate. The lot is unusual due to the number of wetlands on the property. They are requesting a variance for the monuments and gate to maintain a safe environment for their two small children in light of the speed of traffic on the county road. Ebertz stated they do not feel there is any chance of vehicles being stacked in their driveway. The cars in the area routinely drive 50 to 55 miles an hour rather than 35 miles an hour and that the main purpose for the gate is to provide a safe environment for their two young children. Curtis noted the hardcover calculations contained in the approved resolution are actual square footage. Gaffron stated the surveyor found another 600 square feet of hardcover and that staff is not sure how that happened. Ebertz stated the size of the house was not changed. Gaffron noted the surveyor found additional square footage in both the 0-75 and in the 75-250 foot zones, which has resulted in an overage of hardcover. Page 11 NIINUTES OF THE ORONO PLAIVNING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. Steiner indicated he followed the blueprints exactly and that he is not sure how there could be a difference in hardcover numbers. Steiner commented it is difficult to be a builder when the surveyor comes up with two different numbers and that it would be better to consider a percentage. Gaffron stated the City looks at the square footage of the hardcover. Steiner stated in his opinion he is within the same percentage of hardcover that was approved regardless of what the surveyor says, Gaffron stated the City feels the square footage number is more accurate. Curtis stated the original survey shows 4257 square feet and is now depicted at 4352 square feet. Schoenzeit stated Mr. Steiner's questions should be directed at the surveyor. Curtis stated the hardcover will need to be rectified and that the applicant will need to show that the house is the same size and that nothing has changed from what was originally approved. Schoenzeit asked whether there is a fence enclosing the front yard. Ebertz stated there is a row of arborvitae planted. Ebertz stated he did not initially understand he was over on the hardcover and that he thought this dealt solely with the monuments and gate. Kang stated the hardcover will need to be reconciled in some fashion. Ebertz indicated he will speak with his surveyor regarding the hardcover. Ebertz noted the second survey also increased the amount of land that he owns. Ebertz' landscaper indicated the original proposed hardcover number for the driveway was reduced by 150 feet to make room for the boulders. Acting Chair Kang opened the public hearing at 8:28 p.m. There were no public comments regarding this application. Acting Chair Kang closed the public hearing at 8:28 p.m. Schoenzeit stated he would be supportive of the monuments and gate given the photographs depicting the two large vehicles parked in the driveway. Kang asked how many square feet it is from the county road to the gate. Gaffron stated from the center of the gate it would be 32 feet. If you are entering on the right side of the driveway,it is approximately 34, 35 feet,and if you are entering on the left side of the driveway,it is approximately 38 feet. Schoenzeit stated he would like to see the hardcover numbers verified. Page 12 MINUTES OF T� ORONO PLANNING CONIlVIISSION MEETING Monday, September 21,2009 6:30 o'clock p.m. Ebertz noted the gate does come back in and would cover the sidewalk if it were relocated further back. Ebertz stated the monuments are already constructed and would be moved back slightly out of the right- of-way but that they would like to locate the monuments and gate in a location that would not interfere with the sidewalk. Leskinen stated she would like the applicant to comply with the 40-foot setback given the fact that the driveway is accessed off of a county road. Leskinen stated the safety of the motorists also needs to be taken into consideration and that snow could affect the amount of room that is available in front of the gate to the roadway. Leskinen stated she has a concern that there could be a large truck parked in the driveway and that a car would need to enter the driveway,which would cause the car to be sticking out into the roadway. Ebertz noted one of the photographs does show a large truck parked in the driveway. The gates will remain open the majority of the time unless his children are out in the front yard. Ebertz stated they do not have boats that come in and out of their property regularly. Ebertz asked if the amount of room is such an issue,why other gates in the City are not being required to be moved. Kempf commented in his view that is not a legitimate argument and that does not justify creating another situation where a gate is located too close to the roadway. Kempf stated he would prefer to see a shoulder along the roadway to allow traffic to get out of the way in the event someone is turning into the driveway,especially given the speed of the vehicles on the roadway. Installing a gate can create an unsafe situation if there is not sufficient room for the vehicles to be out of the flow of traffic totally. Kempf noted he does emphasize with the safety for his children but that the safety of the motorists also needs to be taken into consideration. Ebertz asked whether the Commission would consider 32 feet versus 40 feet. Schwingler indicated he understands the applicant's argument but that the Planning Commission is a recommending body and that the City Council will have the final say in this matter. Schwingler stated the applicant will need to address the hardcover and review his options for the monuments and gate. Eberts commented a variance is to allow for some leeway. Kang stated it appears the Planning Commission is opposed to the setback variance for the monuments and gate. Ebertz noted the monuments will need to be removed by November ls` Kempf commented he does emphasize with Mr.Ebertz' situation but that he has a concern for the motorists given the lack of a shoulder. � Kang moved to recommend denial of Application#09-3424 Michael and Donna Ebertz, 1220 Tonkawa Road. Schwingler noted there are three parts to this application. Curtis recommended the Planning Commission follow the recommendation of Staff. Page 13 MINUTES OF TI�E ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. Kang withdrew her motion. Kang moved,Leskinen seconded,Application#09-3424 Michael and Donna Ebertz, 1220 Tonkawa Road,to recommend denial of the hardcover variance and setback variance to allow the gate. VOTE: Ayes 5,Nays 0. 6. #09-3426 ROGER AND NANCY McCABE, 1265 SHORELINE DRIVE,VARIANCE,8:48 P.M.—8:58 P.M. Alemea Sadowski,Designer,was present. Curtis stated the applicant is requesting side setback, average lakeshore setback, and 75-250 foot hardcover variances in order to construct a sun porch addition on the lake side of their existing home. The applicants are proposing construction of a sun porch on their existing home. The addition is proposed to fill in a niche in the house and be constructed almost entirely over an exiting patio. In order to do so,the applicants are requesting side setback, average lakeshore setback, and 75-250 foot zone � hardcover variances. They are proposing to remove a lake side deck within the 75 foot setback. The applicants'request does result in a slight increase in the 75-250 foot hardcover as the sun porch is proposed to be constructed over a portion of an existing patio. A 70 square foot corner of the sun porch will be new hardcover. There is possibly room for additional hardcover removals from the pool patio. Sadowski sta.ted the homeowners have only resided in the residence for approximately nine months and were not aware of the hardcover issues. Kang noted she did visit the property and feels this application is fairly straight forward. Acting Chair Kang opened the public hearing at 8:53 p.m. There were no public comments regarding this application. Acting Chair Kang closed the public hearing at 8:53 p.m. Kempf stated this is a hardship lot and that the house is already encroaching into the side setback but that the proposed addition will not encroach further into the side setback than the home. Kempf indicated he would like to see 70 square feet of hardcover eliminated from somewhere else. Sadowslci asked if the 70 square feet would need to be eliminated from the 75-250 foot zone or whether they could reduce the hardcover in another zone. Sadowski indicated that there are a couple of concrete pads that could be removed. Kempf indicated he would be open to hardcover removal in any of the zones. Kang suggested they consider eliminating hardcover closer to the lake. Page 14 MINUTES OF TI� ORONO PLANNING COMMISSION MEETING Monday,September 21,2009 6:30 o'clock p.m. Schoenzeit moved,Schwingler seconded,to recommend approval of Application#09-3426,Roger and Nancy McCabe, 1265 Shoreline Drive,granting of a variance subject to 70 square feet of hardcover being removed from any zone on the lot. VOTE: Ayes 5,Nays 0. PLANIVING COMMISSION COMMENTS 7. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS AUGUST 24,2009 AND SEPTEMBER 14,2009 Kang reported on the August 24,2009, City Council meeting and noted that the home occupation application was approved with a couple of the neighbors raising a concern about the impact that it could have on the subdivision. Kempf reported on the September 14, 2009, City Council meeting and noted that the LMCD representative reported that the water level on Lake Minnetonka is within three inches of the average water level. The road work on Casco Point is proceeding well. The work session following the meeting dealt with a preliminary proposal for the house on the corner of Tonkawa and North Shore Drive. Kempf stated the renewal variance application was approved subject to the neighbor signing off on the easement agreement. The property on Ferndale was discussed concerning his proposal for a fence,with the Council indicating that they would not be in favor of an 8-foot fence and that they would prefer they relocate the fence to preserve as many trees as possible. 8. OTHER ISSUES FOR DISCUSSION Curtis noted that Ralph Kempf will be leaving the Planning Commission after this meeting. Kempf commented that he has enjoyed working on the Planning Commission. The Planning Commissioners thanked Ralph Kempf for his dedicated service to the City. 9. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON SEPTEMBER 28,2009,AND OCTOBER 12,2009 September 28,2009—Schoenzeit October 12,2009—Leskinen 5. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD,VARIANCES, CONTINUED Steiner asked whether relocating the monuments to 40 feet would be approved. Gaffron asked whether the sidewalk would need to be redone. Page 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2009 6:30 o'clock p.m. Steiner indicated it would not. Curtis noted the application will be moving forward to the City Council and that she could address the revised plan in her report and that the minutes will reflect the concerns of the Planning Commission. Curtis stated if the monuments are relocated to the 40-foot setback, they would not require a setback variance,but that the hardcover will still need to be addressed. ADJOURNMENT Kang moved,Leskinen seconded,to adjourn the Orono Planning Commission meeting at 9:18 p.m. VOTE: Ayes 5,Nays 0. ` � v� / � i� � ._ Kim Kang,Actin air Page __ _ ..._ _ _ _ ____ _ __ _ _ 16